Title 10: Franchises

Chapters

• 10.01 Ambulance Service Plan 
  • 10.01.010 Certification by Board of County Commissioners
  • 10.01.020 Overview of County
  • 10.01.030 Definitions
  • 10.01.040 Boundaries
  • 10.01.050 System Elements
  • 10.01.060 Coordination
  • 10.01.070 Provider Selection
  • 10.01.080 County Ordinances and Rules
• 10.02 Cable Television Communications Systems Regulation 
  • 10.02.010 Definitions
  • 10.02.030 Grant of Franchise, Renewal
  • 10.02.040 Administration of Cable Communications
  • 10.02.050 Customer Service
  • 10.02.060 Consumer Protections
  • 10.02.070 Compensation for Franchise
  • 10.02.080 Intergovernmental Agreements
  • 10.02.090 Violation, Penalties, and Remedies
  • 10.02.100 New and Existing Agreements
• 10.03 Solid waste and wastes Management 
  • 10.03.010 Coverage Of Chapter
  • 10.03.020 Purpose and Policy
  • 10.03.030 Definitions
  • 10.03.040 Administration
  • 10.03.050 Persons and Agencies Exempted
  • 10.03.060 Solid Waste or Wastes Accumulation Prohibited
  • 10.03.070 Abatement of Nuisance
  • 10.03.080 Unauthorized Dumping Prohibited
  • 10.03.090 Solid Waste Commission
  • 10.03.100 Bylaws
  • 10.03.110 Duties of the solid waste Commission
  • 10.03.120 Regional solid waste Commission
  • 10.03.130 Regulation
  • 10.03.140 Persons, Activities and Practices Regulated
  • 10.03.150 Applications
  • 10.03.160 Requirements for Collection Service Franchises
  • 10.03.170 Issuance of Collection Service Franchises
  • 10.03.180 Disposal Franchise Requirements
  • 10.03.190 Issuance of a Disposal Franchise
  • 10.03.200 Transfer Station Franchise Requirements
  • 10.03.210 Issuance of a Public Transfer Station Franchise
  • 10.03.220 Appeal of a Franchise
  • 10.03.230 Exclusive or Joint Service Under a Collection Service Franchise
  • 10.03.240 Transfer of Franchise
  • 10.03.250 Change In Control of Franchises
  • 10.03.260 Responsibilities of Franchise Holders
  • 10.03.270 Enforcement of Franchise Provisions
  • 10.03.280 Suspension, Modification, Revocation or Refusal to Renew a Franchise
  • 10.03.290 Preventing Interruption of Service
  • 10.03.300 Terms of Franchises
  • 10.03.310 Franchise Fees
  • 10.03.320 Use of Franchise Fees
  • 10.03.330 Permit for Civic Community, Benevolent or Charitable Non Profit Organization or Corporation
  • 10.03.340 Determination of Waste Management Fees (WMF)
  • 10.03.350 Waste Management Fee (WMF) Preference Prohibited
  • 10.03.360 Responsibility for Payment Charges for Service
  • 10.03.370 Agreement for Joint Franchises
  • 10.03.380 Agreements for Allocation of Franchise Fees
  • 10.03.390 Abatement
  • 10.03.400 Penalties
  • 10.03.410 Court Appeal
  • 10.03.420 Appeals From Decisions of the Director or Commission
• 10.04 Recycling License 
  • 10.04.010 Purpose
  • 10.04.020 Definitions
  • 10.04.030 License Required
  • 10.04.040 Exemption
  • 10.04.050 Term of License
  • 10.04.060 Record Keeping
  • 10.04.070 Fee
  • 10.04.080 Fee as Debt
  • 10.04.090 Enforcement
  • 10.04.100 Civil Penalty

CHAPTER 10.01: AMBULANCE SERVICE

10.01.010 Certification by Board of County Commissioners

Clackamas County Code Chapter 10.01 is the Ambulance Service Plan for the County. The Board of County Commissioners hereby certifies that:

A. The County has included in this Plan each of the subjects or items set forth in Oregon Administrative Rule 333-260-0020 and has addressed and considered each of those subjects or items in the adoption process.

B. In the Board's judgment, the ambulance service areas established in the Plan will provide for the efficient and effective provision of ambulance services; and

C. To the extent they are applicable, Clackamas County has complied with ORS

682.062 and 682.063 and with existing local ordinances and rules. [Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05]

10.01.020 Overview of County

A. Clackamas County has a population of approximately 422,537 (US Census Bureau, 2021), and an area of 1,870.7 square miles (US Census Bureau, 2021). Provision of emergency medical services presents a challenge due to the widely varying demographic and geographic areas within the County. The urbanized areas of the County within the Portland metropolitan urban growth boundary are densely populated, while rural areas are much less densely populated. More than one-third of the County consists of federally owned National Forest or BLM land, which is less densely populated still. There are sixteen cities located wholly within the County, and two others partially inside County borders. Large parts of the urban area are unincorporated, with about 40% of County residents living outside of city boundaries. Geographically the County varies dramatically, rising from the 31- foot elevation at Oregon City to the 11,239-foot peak of Mt. Hood.

B. History of ASAs

In 1991 the Board approved the following Ambulance Service Areas: Canby ASA, Clackamas ASA, and Molalla ASA. Boundary descriptions are in the ASA Map (Section 10.01.040.A) and ASA Narrative Description (Section 10.01.040.B) of this Plan.

C. The Ambulance Service Plan, with associated agreements and contracts, is designed to assure high quality, timely medical care at the time of a medical emergency, and to coordinate public safety answering points, dispatch centers, first responders and transport agencies into a unified system for providing Emergency Medical Services.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12]

10.01.030 Definitions

A. "ADVANCED LIFE SUPPORT" (ALS) means a level of medical care provided in the field by Emergency Medical Service Providers.

B. "AMBULANCE" means any privately or publicly owned motor vehicle, aircraft, or watercraft that is regularly provided or offered to be provided for the emergency transportation of persons who are ill or injured or who have disabilities.

C. "AMBULANCE SERVICE AREA" or "ASA" means a specific geographic area of Clackamas County which is served by one ambulance service provider.

D. "AMBULANCE SERVICE PROVIDER" or "AMBULANCE PROVIDER" means a licensed ambulance service that responds to 9-1-1 dispatched calls or provides pre-arranged non-emergency transfers or emergency or non- emergency inter-facility transfers.

E. "AMBULANCE SERVICE" means a person, governmental unit or other entity that operates ambulances and that holds itself out as providing prehospital care or medical transportation to persons who are ill or injured or who have disabilities.

F. "BASIC LIFE SUPPORT" (BLS) means a level of medical care that can be provided in the field by Emergency Medical Service Providers.

G. "BOARD" means the Board of Commissioners for Clackamas County, Oregon.

H. "CODE 1" means emergency medical response not utilizing lights and sirens.

I. "CODE 3" means emergency medical response utilizing lights and sirens.

J. "COMMUNITY PARAMEDIC" or "CP" means a licensed paramedic with advanced training to operate in an expanded role for patients in non-emergent out-of-hospital settings. The CP extends the reach of primary care and public health services to vulnerable populations in the community through direct care, resource connection, and healthcare system navigation.

K. "COUNTY" means Clackamas County, a political Subdivision of the State of Oregon.

L. "COUNTY EMS MEDICAL DIRECTOR" or "EMSMD" means a licensed physician employed by or contracted to the County to provide medical direction as required.

M. "CULTURAL COMPETENCE" means (in healthcare) the ability for healthcare professionals to demonstrate cultural competence towards patients with diverse values, beliefs, and behaviors.

N. "DEPARTMENT" means the Clackamas County Department of Health, Housing and Human Services.

O. "EMERGENCY AMBULANCE SERVICE" means the provision of advanced or basic life support care and transportation by ambulance, if appropriate, in response to medical and traumatic emergencies.

P. "EMERGENCY MEDICAL SERVICES" or "EMS" means those prehospital functions and services whose purpose is to prepare for and respond to medical and traumatic emergencies, including rescue and ambulance services, patient care, communications and evaluation.

Q. "EMERGENCY MEDICAL SERVICES AGENCY" means an ambulance service or non-transport EMS service that uses emergency medical services providers to respond to requests for emergency medical services.

R. "EMERGENCY MEDICAL SERVICES COORDINATOR" or "EMS COORDINATOR" means the person designated by Clackamas County Public Health Division to administer and enforce the provisions of Emergency Medical Services.

S. "EMERGENCY MEDICAL SERVICES PROVIDER" means a person who has received formal training in pre-hospital and emergency care, and is licensed to attend any person who is ill or injured or who has a disability. Police officers, firefighters, funeral home employees and other persons serving in a dual capacity, one of which meets the definition of "emergency medical services provider" are "emergency medical services providers" within the meaning of this definition.

T. "EMERGENCY MEDICAL SERVICES SYSTEM" means the system that provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery of pre-hospital health care services in Clackamas County.

U. "EMERGENCY PHYSICIAN ADVISORY BOARD" or "EPAB" means an

advisory board constituted by the Supervising Physician of each EMS responding agency in the County.

V. "EMS COUNCIL" or "COUNCIL" means Emergency Medical Services Council.

W. "FIRST RESPONDER" or "FIRST RESPONSE AGENCY" means fire and

other governmental or private agencies providing Emergency Medical Services.

X. "FRANCHISE" means a right granted by the Board to provide ambulance services on an exclusive basis but subject to the limits and conditions of this Plan and any contract entered into between the County and the Ambulance Service Provider granted the franchise. Assignment of an ASA to a rural fire protection district pursuant to Sections 10.01.070.A.1 and 10.01.070.A.2 of this Plan shall not be considered a franchise.

Y. "FRONTIER AREA" means an area within an ASA which is designated as such on the map attached as Appendix A.

Z. "HEALTH EQUITY" means the absence of unfair and avoidable or remediable differences in health among population groups defined socially, economically, demographically, or geographically.

AA. "LAKE OSWEGO COMMUNICATIONS CENTER" (LO-COM) means a division of the City of Lake Oswego that operates a public safety access point (PSAP).

BB. "LEVEL ZERO MINUTES" means the number of minutes in a calendar month when an Ambulance Service Provider did not have any currently active ambulances available to respond to an emergency within the Clackamas ASA.

CC. "MAXIMUM AVERAGE BILL" means the total number of dollars charged for emergency ambulance services during the contract year, minus any charges for franchise fees, medical direction, oversight, regulation, standbys, special events and other special charges, divided by the total number of ambulance patients transported as documented by the number of base rates charged during the same period.

DD. "MEDICAL DIRECTOR" or "SUPERVISING PHYSICIAN" means a physician licensed under ORS 677.100 to 677.228, who is actively registered and in good standing with the Oregon Medical Board, and who provides direction of emergency or nonemergency care provided by Emergency Medical Services Providers.

EE. "MOBILE INTEGRATED HEALTHCARE" or "MIH" means the provision of healthcare using patient-centered, mobile resources in the out-of-hospital environment. MIH aims to deliver higher quality and more cost-effective medical care by coordinating resources, and includes services such as community paramedicine, 9-1-1 nurse triage, chronic disease management, preventive care, post discharge follow-up, and alternate destination/ED diversion.

FF. "NOTIFICATION TIME" means the length of time between the initial receipt of the request for emergency medical service by either a provider or an emergency dispatch center ("9-1-1"), and the notification of all responding emergency medical service providers.

GG. "OHA" means the Oregon Health Authority.

HH. "ON-LINE MEDICAL CONTROL" or "OLMC" means a physician directing medical treatment in person, over a radio, by phone or through some other form of instant communication.

II. "PARTICIPATING PROVIDER" means a fire service agency (fire district or fire department) that has a contractual agreement with the County allowing the County to integrate agency resources into an EMS response plan including using agency responses to modify ambulance response time requirements.

JJ. "PATIENT" means a person who is ill or injured or who has a disability and who receives emergency or nonemergency care from an Emergency Medical Services Provider.

KK. "PUBLIC SAFETY ANSWERING POINT" or "PSAP" means a call center responsible for answering calls to an emergency telephone number ("9-1-1") for police, firefighting and ambulance services. Trained emergency communications personnel are also responsible for dispatching these emergency services.

LL. "RESPONSE TIME" means the length of time between the notification of each provider and the arrival of each provider's emergency medical service unit(s) at the incident scene.

MM. "RURAL AREA" means an area within an ASA which is designated as such on the map attached as Appendix A.

NN. "STAFFED" means qualified persons, physically located at or immediately accessible to an Ambulance Service Provider's base of operation within an ASA, available on a 24-hour basis.

OO. "SUBURBAN AREA" means an area within an ASA which is designated as such on the map attached as Appendix A.

PP. "UNIT HOUR" means one (1) hour of service by a fully equipped and staffed ambulance assigned to a call, or available for an assignment.

QQ. "UNIT HOUR UTILIZATION" (UHU) Is calculated by dividing the number of transports by the number of unit hours.

RR. "UTILIZATION" means a measure that compares the available resources (unit-hours) with actual time that those unit-hours are being consumed by productive activity. The measure is calculated to determine the percentage of unit-hours consumed in productivity with the total available unit hours.

SS. "URBAN AREA" means an area within an ASA which is designated as such on the map attached as Appendix A.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12; Amended by Ord. 04-2024, 11/14/24]

B. ASA Narrative Description

1. Clackamas County is divided into the following ambulance service areas:

a. Molalla ASA: The Molalla ASA includes the Molalla and Colton Fire Districts, the portions of the Monitor and Silverton Fire Districts in Clackamas County as well as the portions of the Clackamas Fire District described below and a large part of south county that is not inside a fire district. The Molalla ASA is more particularly described as follows:

Western Boundary - The Molalla ASA starts at the county boundary on the Pudding River where the Aurora and Monitor fire districts meet at the northern edge of Section 1, Township 5 south, Range 1 west and follows the western boundary of Clackamas County south all the way to the southern edge of Section 11, Township 8 south, Range 3 east before turning east

Southern Boundary – The Molalla ASA boundary turns east following the Clackamas County boundary with Marion County at the southern edge of Section 11, Township 8 south, Range 3 east continuing to the border between Sections 10 and 11 of Township 8 south, Range 4 east.

Eastern Boundary – The Molalla ASA boundary turns north following the section lines of Sections 10 and 11 of Township 8 south, Range 4 east for 2 miles before going east along the United States Geological Survey (USGS) township boundary for 7 south 4 Range 4 east and heading north again between the townships of Township 7 south, Range 4 east and Township 7 south, Range 5 east continuing to and including Section 36, Township 5 south, Range 4 east, turning west for one mile and then continuing north following the section lines between Sections 26 and 25, Township 5 south, Range 4 east to a half mile up the boundary between Section 1, Township 5 south, Range 4 east and Section 2, Township 5 south, Range 4 east (at NF-4510), turning west for another half mile before turning north and then west to the section boundary between Section 34, Township 4 south, Range 4 east and Section 35, Township 4 south, Range 4 east where it continues north for two miles following the section lines to the Estacada Fire District boundary.

Northern Boundary - The boundary follows the northernmost boundary of Section 27, Township 4 south, Range 4 east (and the Estacada Fire District Boundary) to the west, continuing along the Colton Fire District boundary including five out of district contiguous parcels on S Look Rd and S Sheckly Rd (43E13 00600, 43E13 00901, 43E13 00905, 43E13 01001, and 43E24 00200), the northernmost point being 122.3935774° W 45.2300021° N. From 122.3935774° W 45.2157399° N, the boundary continues west where it intersects the CCFD1 boundary. At this point the Molalla ASA includes the southern part of the Clackamas Fire District that goes from here west to the intersection of Unger Rd and Beeson Rd and includes the properties on Lower Jewell Rd, Brooks Ln and Unger Rd and then Gard Rd (both sides) to Buckner Creek Rd (both sides) to the Molalla Fire District boundary which it follows to where it intersects the Canby Fire District boundary, including three parcels in the Clackamas Fire District (42E04 02501 – 14495 S UNION HALL RD), 42E09 00290, and 42E04 02390) and few out of fire district parcels (42E05D 00400, 42E05D 00890, 42E04C 00300 and 42E04C 00301 – 24635 S ELDORADO RD) on or near the boundary.

b. Canby ASA: The Canby ASA includes and follows the Canby Fire District boundary plus the portion of the Aurora Fire District in Clackamas County (east of the Pudding River) and north and east of Rock Creek. The Canby ASA is more particularly described as follows:

Western Boundary – The Western Boundary of the Canby ASA begins at the confluence of the Molalla and Willamette rivers, thence follows the east side of the Molalla River, south to the confluence of the Pudding River, thence east following the Pudding River where it crosses S Arndt Rd. and continues south along the Clackamas County boundary to where it meets the south section line of section 36, township 4 South, range 1 West.

Southern Boundary – The Southern Boundary heads east following the south section line of section 31, township 4 South, range 1 East, to S. Whiskey Hill Rd. The boundary continues east on S. Whiskey Hill Rd., encompassing all properties north of S. Whiskey Hill Rd. until it becomes S. Barnards Rd. The boundary continues along S. Barnards Rd to the east until it intersects with Hwy 170. Thence east on S. Barnards Rd encompassing the properties on both the north and south sides of S. Barnards Rd., including 30011 S. Dryland Rd and 30050 S. Elisha Rd, ending on S. Barnards Rd at 11492 S. Barnards Rd.

Eastern Boundary – The Eastern Boundary turns north along the eastern boundary of 11265 S. Bernard's Rd. and meets with S. Molalla Forest Rd., continues north encompassing the west side of S. Molalla Forest Rd. crossing S. Eby Rd., S. Riggs Damm Rd., and S. Macksburg Rd. and intersects with the Molalla River. Thence east following the Molalla River to S. Fish Rd. thence north encompassing the addresses to the west of S. Fish Rd. and continues north along the east section line of section 18, township 4 South, range 1 East,. The boundary continues north along the east line of section 7, township 4 South, range 2 East, then along the northeast corner of section 7, township 4 South, range 2 East to the east corner of section 6, township 4 South, range 2 East. Heading west on the north boundary of 12885 S. Union Hall Rd. to the northwest corner, thence north to S. Spangler Rd. thence west on S. Spangler Rd and turns north on property boundary of 32E31 01801. Thence north and crosses S. Casto Rd., to the northern property boundary of 3S2E31 01201. Thence east to the eastern boundary of 32E31 00300. Thence north to the northeast corner of 3S2E31 00300. Thence west along S. Carus Rd to S. Penman Rd. Thence north including all houses to the west of S. Penman Rd. The boundary continues to New Era Rd and follows S. New Era Rd until S. New Era Rd. turns west. The boundary continues north to meet S. Criteser Rd.

Northern Boundary – The Northern Boundary encompasses everything south of S. Criteser Rd. continuing west crossing S. Central Point Rd and continues due west along the southern boundary of Section 3S1E13 and continues west following tax lot boundaries, crossing S. Gould Ct and continues west to follow the southern boundary of tax lot 31E14C 01600 to S. South End Rd. Thence north along S. South End Rd. up to and including 20568 S. South End Rd. on the east side and 20601 S. South End Rd. on the west side. Thence west along the northern property boundary of 20601 S. South End Rd., heading due west thence north encompassing 20860 S. Hwy 99E and 20890 S. Hwy. 99E following their property lines to the north and to the west across the Willamette River. The boundary continues to follow the Willamette River west to the confluence of the Molalla River.

c. Clackamas ASA: The Clackamas ASA includes the Hoodland, Estacada, Sandy, and Clackamas Fire Districts, except for portions of the Clackamas Fire District within the Molalla ASA. The not-in-district and largely forested areas outside of these fire districts to the north, east, and south county lines are included up to the east boundary of the Molalla ASA. This includes the Aurora Fire District in Clackamas County west of the pudding river, and areas of Clackamas County served by Tualatin Valley Fire & Rescue, not including the City of Tualatin and sections of the City of Wilsonville that are in Washington County. The Clackamas ASA also includes the Cities of Gladstone and Lake Oswego, the Alto Park Water District in unincorporated Multnomah County, the Riverdale Fire District in Multnomah County, and some areas in the City of Portland along the northern county boundary. The Clackamas ASA is more particularly described as follows:

Western Boundary - The Clackamas ASA begins in the northwest corner of the county where Clackamas, Multnomah and Washington counties converge. It travels south following the county line between Clackamas and Washington counties including everything inside the Clackamas County border except for where the City of Tualatin enters Clackamas County. These two areas are not included in the Clackamas ASA. The western boundary of the Clackamas ASA extends west of the county boundary to include the small portions of the City of Lake Oswego and the City of Rivergrove that extend into Washington County. The ASA continues to follow the Clackamas County boundary with Washington County all the way (south and west) to the junction with Yamhill County. It includes the entire City of Wilsonville, including the northern portion of Wilsonville that is in Washington County. The ASA boundary follows the Clackamas County boundary with Yamhill County to the Willamette River where it continues to follow the Clackamas County boundary with Marion County all the way to the Pudding River/boundary of the Canby ASA. It travels north following the Pudding River to the confluence of the Willamette River.

Southern Boundary - The Clackamas ASA boundary follows the Willamette River/Canby ASA Boundary to the Molalla ASA Boundary and continues to follow the northern Molalla ASA Boundary, turning south continuing to follow the Molalla ASA Boundary to the county boundary with Marion County. The southern boundary continues east along the Clackamas County/Marion County border all the way to the end.

Eastern Boundary - The Clackamas ASA boundary turns north following the Clackamas County boundary with Wasco County all the way north to the junction with Hood River County. The boundary continues to follow the Clackamas County boundary with Hood River County to the top of Mt Hood and continuing to the junction with Multnomah County.

Northern Boundary - The Clackamas ASA boundary follows the entire length of the boundary between Clackamas County and Multnomah County including everything on the Clackamas County side up to the Willamette River. At the Willamette River the boundary continues west including everything in Clackamas County plus the parts of the City of Lake Oswego that are within Multnomah County, and the Alto Park Water District and the Riverdale-Dunthorpe Fire District within Multnomah County.

The following areas outside Clackamas County are served as part of the Clackamas ASA:

* The City of Wilsonville within Washington County is served under an intergovernmental agreement with Washington County.

* The parts of the Cities of Lake Oswego and Rivergrove that are within Washington County are served under an intergovernmental agreement with Washington County.

* The part of the City of Lake Oswego that is within Multnomah County, and the Alto Park Water District, and the Riverdale-Dunthorpe Fire District within Multnomah County.

The Board reserves the right, after further addressing and considering the subjects or items required by law, to change the boundaries of these ASAs, or create other ASAs, or incorporate or remove exclusive non-emergency services in one into one or more ASAs in order to provide for the effective and efficient provision of emergency medical service.

E. Alternatives Considered to Reduce Response Times

1. While short response times are relevant for a select set of EMS call types, best practices favor increasing the allowed time for EMS units to respond to most dispatches when the Medical Priority Dispatch System (MPDS) classifies the incident as not requiring a "hot" response. To this end, the County has established operational standards that address response time intervals in combination with clinical performance measures.

2. Many factors such as distance and population density impact response times; therefore, the County has identified response time standards for urban, suburban, rural and frontier zones. With procedures to monitor response times and clinical performance and a system of remedies for non-compliance, including but not limited to liquidated damages, and incentives for exceeding minimum compliance standards, the County has established the framework for Ambulance Service Providers to operate and provide their service to the community. Additionally, by establishing market rights of sufficient size and duration, the County enables providers to serve the community more efficiently

3. The County expects Ambulance Service Providers to use their best expert and professional judgment in deciding upon various methods of achieving and maintaining the level of ambulance service performance required. "Methods" include, but are not limited to, compensation programs, shift schedules, personnel policies, supervisory structure, vehicle deployment techniques and other internal matters which, taken together, comprise strategies for getting the job done in the most effective and efficient manner possible.

The County recognizes that different Ambulance Service Providers may employ different methods to achieve equal success. By allowing each Ambulance Service Provider a wide range of management methods, the County hopes to inspire innovation, improve efficiency, and reduce costs without sacrificing the system's performance.

4. The County believes that a well-designed, effective partnership between First Response Agencies and Ambulance Service Providers may allow a reduction in ambulance response time requirements in the county. Through this Plan, the County encourages transport providers to work closely with advanced life support and other first response agencies to develop programs that will deliver medical care as rapidly as possible while enhancing countywide service or reducing rates. The county believes that well-articulated, cooperative efforts improve patient outcomes and therefore encourages all EMS providers to work toward this goal.

5. Assigning multiple resources to low acuity 911 calls limits the number of EMS assets in the system available to respond to higher acuity incidents. Additionally, it can increase the risk to responding personnel and the public while inflating operational costs. Therefore, dispatching first responder EMS units to non-life-threatening incidents should be reduced whenever possible, based on the triage criteria.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12; Amended by Ord. 04-2024, 11/14/2024]

10.01.050 SYSTEM ELEMENTS

A. 9-1-1 Dispatched Calls

The County designates dispatch centers for Ambulance Service Providers. Dispatch centers providing ambulance dispatch shall have a Medical Director and use emergency medical dispatch protocols approved by the EMSMD.

9-1-1 calls for medical assistance in Clackamas County are currently received by two Public Safety Answering Points (PSAP), Clackamas County Communications (C-COM) and Lake Oswego Communications Center (LOCOM).

C-COM dispatches fire and EMS in the Molalla ASA, the Canby ASA, and the Clackamas ASA east of the Willamette River, and forwards information to Marion Area Multi Agency Emergency Telecommunications (METCOM) and Washington County Consolidated Communications Agency (WCCCA) for dispatch in the areas served by Woodburn Ambulance Service and Tualatin Valley Fire and Rescue (TVFR) respectively. Other methods of contacting C-COM besides dialing 9-1-1 can be located at: https://www.clackamas.us/911

LOCOM dispatches fire and EMS in Lake Oswego and the Clackamas ASA served by the Lake Oswego Fire Department and forwards information to WCCCA for dispatch in the areas served by TVFR. Other methods of contacting LO-COM besides dialing 9-1-1 can be located at: https://www.ci.oswego.or.us/police/lake-oswego-communications-locom

WCCCA dispatches fire and EMS in the part of the Clackamas ASA served by Tualatin Valley Fire and Rescue. Other methods of contacting WCCCA besides dialing 9-1-1 can be located at: https://www.wccca.com/Home/Index

9-1-1 requests for ambulance service to C-COM and LO-COM are currently transmitted electronically to the franchisee which operates a communications center in Multnomah County, Oregon. An Ambulance Service Provider may employ its own methods for deploying and notifying ambulances and will be electronically linked to key C-COM and LO-COM systems. An Ambulance Service Provider will employ an approved method of data capture and transmission to assure that specific verifiable and auditable data elements, required for dispatch and performance evaluation are made available in a format that allows the County to adequately measure, evaluate and regulate system performance. Dispatch tasks employed by the franchisee and the Ambulance Service Provider's computer links with C-COM and LO-COM will not reduce an Ambulance Service Provider's responsibility for its dispatch and response time performance.

Dispatch centers participating in 9-1-1 and non-emergency dispatch of ambulance resources within the County, including non-emergency Ambulance Service Providers, will utilize and comply with protocols for emergency medical dispatch and priority dispatch that have been approved by the County EMSMD, with the advice of EPAB. All calls classified as emergency medical calls under the approved protocols will be immediately forwarded, transferred or otherwise communicated, in accordance with protocols established by the County, to the appropriate dispatch centers for EMS and emergency Ambulance Service Providers.

B. Pre-arranged Non-emergency Transfers and Inter-facility Transfers

The County reserves the right to grant exclusive market rights for non-emergency ambulance service in the future at any time that the Board determines that it is in the County's interest.

The Ambulance Service Providers of ASAs in Clackamas County are not obligated to provide non-emergency ambulance services as these services are currently provided by other ambulance companies licensed by OHA. The County does not regulate the provision of non-emergency ambulance services.

The Ambulance Service Providers may specifically compete in the non- emergency and inter-facility segment of the market and may utilize ambulances and personnel deployed to meet its emergency responsibilities in non-emergency service, provided that the Ambulance Service Providers comply with the requirements of the Ambulance Service Provider contract.

The Department may adopt regulations and requirements for the issuance of non- emergency ambulance permits. Failure to meet any of these requirements may be grounds for the denial or revocation of an ambulance permit.

The denial or revocation of any Ambulance Service Provider permit by the Department may be appealed to the Board, whose decision will be final.

C. Notification, Response Times, and Clinical Performance Standards

1. Notification Times

The County may require dispatch centers that receive requests for service and dispatch ambulances to report center performance. Centers are required to answer requests for emergency assistance within 10 seconds, 90% of the time.

Centers will perform quality assurance reviews on no less than 2% of Echo level (highest priority response level in MPDS) calls and maintain a comprehensive quality improvement program that incorporates active call reviews, continuing education, and appropriate oversight committees.

All calls received by an Ambulance Service Provider for Emergency Ambulance Service as determined by approved dispatch protocols will be immediately forwarded, transferred, or otherwise communicated in accordance with protocols established by the County to the appropriate dispatch centers for EMS and Ambulance Service Providers. Ambulance Service Providers shall report the number of calls turned over to designated dispatch centers, and the time required to turn over the call, each month.

2. Response Times

Response time intervals are measured from the time of call receipt by the Ambulance Service Provider to the time of arrival on-scene. Ambulance Service Providers are encouraged to exceed minimum performance requirements. Additional terms and conditions regarding failure to meet response times including liquidated damages, may be included in any contract with the Ambulance Service Provider.

The EMS Coordinator may analyze and update response time requirements based on an evaluation of the current EMS system and forecasted needs. Such updates may be reflected in either an amended Ambulance Service Plan or in any contract between the County and an Ambulance Service Provider

a. Code-3 calls shall be within the following response time limits.

i. Urban Zone: Maximum response time of 10:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 10:00 minutes for 90% of calls (BLS Ambulance).

ii. Suburban Zone: Maximum response time of 12:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 12:00 minutes for 90% of calls (BLS Ambulance).

iii. Rural Zone: Maximum response time of 25:00 minutes for 90% of calls (ALS Ambulance).

Rural Zone: Maximum response time of 25:00 minutes for 90% of calls (BLS Ambulance).

iv. Frontier Zone: Maximum response time of 120:00 minutes for 90% of calls (ALS Ambulance).

Frontier Zone: Maximum response time of 120:00 minutes for 90% of calls (BLS Ambulance).

b. Code-1 calls shall be within the following response time limits:

i. Urban Zone: Maximum response time of 15:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 15:00 minutes for 90% of calls (BLS Ambulance).

ii. Suburban Zone: Maximum response time of 20:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 20:00 minutes for 90% of calls (BLS Ambulance).

iii. Rural Zone: Maximum response time of 30:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 30:00 minutes for 90% of calls (BLS Ambulance).

iv. Frontier Zone: Maximum response time of 130:00 minutes for 90% of calls (ALS Ambulance).

Maximum response time of 130:00 minutes for 90% of calls (BLS Ambulance).

c. Where response time areas are divided along the centerline of a road, the shorter response time shall apply to both sides of the road and to all property having immediate access from that road. The County will monitor response times and if it is found that more than 10% of the emergency calls in any type of response zone are not responded to in the required maximum response times or less during any calendar month, the Ambulance Service Provider may be required to redeploy or add additional units, or the County may, if it is determined to be in the public interest, seek revocation of a franchise, ASA assignment, or other remedies.

d. The Board may modify the response time requirements detailed above to promote efficient and appropriate responses to 9-1-1 emergency calls, including modifications adopted in agreements to integrate first responder services delivered by Participating Providers. The Department and County EMSMD will provide recommendations to the Board after reviewing proposed modifications to the requirements with consideration of the following:

* The level of acuity of each call, using modern emergency medical dispatch and priority dispatch capabilities.

* Clinical evidence that any particular standard is more efficacious.

* The efficient use of system resources.

* Alternative delivery systems including, but not limited, to approved advanced life support first response.

* The projected economic impact of any proposed change.

* Requests from local governmental jurisdictions.

e. Emergency response time for ambulances will be calculated from the time that a call is received by the Ambulance Service Provider until the time that the provider's first ambulance arrives on-scene.

In areas where a Participating Provider has a contractual agreement with the County, response time for the Participating Provider will be calculated from the time a call is received by the Participating Provider to the on- scene arrival of the Participating Provider.

If a designated dispatch center downgrades a call from emergency status, the above maximum response times will not apply. Ambulance Service Providers shall be responsible; however, for responding to such a downgraded call within the appropriate response time criteria, if any, for the downgraded priority. The County may adopt rules to govern calculation of response time performance in cases of upgrades and downgrades of response priorities and for nonemergency calls.

Ambulance Service Providers will not be held responsible for response-time performance on an emergency call outside the ASA. However, Ambulance Service Providers shall use their best efforts in responding to mutual aid calls.

Responses to emergency calls outside the ASA will not be counted in the number of total calls dispatched used to determine contract compliance statistics.

For the purpose of measuring compliance, each incident will be counted as only one call dispatched, no matter how many units respond to the incident.

Ambulance Service Providers will utilize the County's then-current Online Compliance Utility (OCU) to monitor and report system response intervals and clinical performance of first responders and ambulances. The reports will capture additional data related to response numbers, time stamps, ambulance status, patient transports, ambulance crew information, vehicles, and any call edits performed.

Ambulance Service Providers contracting with the County shall report each ambulance call dispatched that was not responded to within a response time designated for the area of the call. If more than 10% of the emergency calls in any type of response zone are not responded to in the required maximum response times or less during any calendar month, the Ambulance Service Provider shall identify the cause of such extended response time and shall document its efforts to eliminate repetitions of that cause of poor response time performance.

f. Response Time Exemptions

It is understood that unusual circumstances beyond an Ambulance Service Provider's reasonable control can cause response times to exceed the aforementioned standards. Equipment failure, traffic accidents or lack of a nearby ambulance shall not furnish grounds for release from late run deductions or general response time standards.

Dispatcher errors by an Ambulance Service Provider's selected dispatch center shall not furnish grounds for release from late run deductions or general response time standards.

If an Ambulance Service Provider believes that any run or group of runs should be exempt from response time standards due to unusual circumstances beyond the Ambulance Service Provider's reasonable control, they may request that these runs be excluded from response time performance calculations and late run penalties. If the Department concurs that the circumstances were due to unusual circumstances beyond the Ambulance Service Provider's reasonable control, the Department will allow such exemptions in calculating overall response time performance and in assessing late run damages. Additional detail and requirements regarding response time exemptions will be contained in the contract between the County and an Ambulance Service Provider.

3. Clinical Process Data and Performance Requirements

a. Clinical Performance Standards

Ambulance Service Providers shall be required to continuously follow all clinical performance and data submission standards provided by the County. All systems and reports must comply with county, state and, federal data collection and reporting requirements.

Ambulance Service Providers shall meet the County's then-current clinical performance standards. The EMSMD, working in collaboration with the EMS Council, will have the authority to develop, update, and expand clinical key performance indicators based on industry and clinical best practices.

b. Clinical Performance Exceptions and Exemption Requests

Ambulance Service Providers shall maintain mechanisms to ensure the delivery of high-quality patient care to the residents of Clackamas County. However, it is understood that on occasion there will be factors beyond the Ambulance Service Provider's control that may affect achievement of a specific clinical performance standard. Should an Ambulance Service Provider desire to appeal any liquidated damages assessed for non-compliance of a clinical performance standard, Ambulance Service Provider shall prepare detailed documentation for each requested exception. Requests shall be submitted to the County EMS Coordinator within 15 days after the end of the month.

The EMS Coordinator will review the request together with that month's performance reports and issue a determination. In some cases, the EMSMD will be consulted to make the final determination. Should the Ambulance Service Provider dispute the EMS Coordinator or EMSMD's determination, the Ambulance Service Provider may submit a written appeal to the County Director of Public Health for a definitive ruling within 5 days of receiving the clinical non-compliance calculations summary. The County Director of Public Health's ruling will be final and binding.

4. Damages and Incentives for Response Times/Performance

The Ambulance Service Provider designated by Clackamas County as the primary entity responsible for the delivery of emergency medical services, including ambulance transport services, for an Ambulance Service Area, must maintain compliance with the required performance standards (RPS) specified in this Ambulance Service Plan including, but not limited to, notification time requirements, response time requirements, clinical performance requirements, and compliance with all applicable statutes, ordinances, and rules. Failure to maintain compliance may result in the County pursuing legal actions, including imposition of liquidated damages.

Liquidated damage amounts will be set forth in the contract between the County and the Ambulance Service Provider. For those months that the Ambulance Provider fails to respond to 90 percent aggregate of calls within a time period specified under Response Times (Section 10.01.050.C.2), the County will review appropriate system-status plans, unit-hour utilization (UHU), or other factors to determine the causes of noncompliance. For those months that the Ambulance Service Provider fails to meet the 90 percent minimum compliance standard, liquidated damages may be imposed for each individual zone where the failure occurred (e.g., Urban, Suburban, Rural and Frontier). BLS responses will be assessed at the initial liquidated damages rate and ALS responses will be assessed at two times the initial liquidated damages rate. For monitoring purposes, each geographical zone (i.e., Urban, Suburban, Rural and Frontier) shall have, in addition to the 90-percent standard, a response time limit as outlined in (Section 10.01.050.C.2). The Code-3 every call time limits are: 12 minutes-Urban, 20 minutes-Suburban, 45 minutes-Rural, 4 hours- Frontier). The County will review outlier calls exceeding these time limits and may impose damages if necessary to resolve significant problems.

Outlier calls will be assessed liquidated damages on a per case basis for each minute in excess of the response time limit for a given zone. Code 1 responses will be assessed at the initial damage rate and Code 3 responses will be assessed at two times the initial damage rate.

High performance incentives will be assessed when monthly aggregate response compliance exceeds 90% in a given zone. Code 1 and Code 3 responses will be assessed at the same financial incentive rate. The Ambulance Service Provider will receive 1% off outlier damages for every tenth of a percent above the 90% compliance standard. Incentive amounts in excess of liquidated damages do not result in additional financial compensation to the Ambulance Service Provider. However, incentives can accumulate and incentives will carry over for 1 year or such other time as may be specified in the contract with the Ambulance Service Provider. Any performance incentive balances at the end of the Ambulance Service agreement will not result in additional compensation to the Ambulance Service Provider.

Liquidated damages for failure to report "unit arrived on scene" times for calls will be assessed per incident each time an ambulance crew fails to report and document on scene time. Arrival on scene will be determined by Automatic Vehicle Location systems (AVL) and means the moment an ambulance is fully stopped at the location where the ambulance will be parked while the crew exits to approach the patient. In situations where the ambulance has responded to a location other than the scene (e.g., staging areas for hazardous scenes), arrival "on scene" will be the time the ambulance arrives at the designated staging location.

In instances of AVL failure, the time of the next communication with the ambulance will be used as the "on scene" time. However, the Ambulance Service Provider may appeal such instances when they can document the actual arrival time through other means. The contract between the County and an Ambulance Service Provider may further define or restrict methods for reporting at-scene and other times.

An Ambulance Service Provider's failure to meet any RPS under either this Ambulance Service Plan or any contract between the County and the Ambulance Service Provider may result in one or more of the following:

* County requiring Ambulance Service Provider to submit an explanatory report to the County EMS Coordinator detailing why the failure(s) occurred.

* County requiring Ambulance Service Provider to submit and perform a corrective action plan detailing how Ambulance Service Provider will ensure future compliance with the RPS.

* County assessing Ambulance Service Provider any penalties, fees, liquidated damages or other costs as may be included in the contract between County and the Ambulance Service Provider; or other remedies as may also be imposed if a RPS is unmet on one or more instances.

* County accessing any performance security provided by Ambulance Service Provider.

* Any other rights or remedies that may be available to County at law, in equity, or under the terms and conditions of this Ambulance Service Plan or the contract between the County and the Ambulance Service Provider.

5. Response Time Map Changes

The response time map attached as Appendix A reflects historical commitments made by the Board to various communities in the county regarding ambulance response times, and incorporates changes based on population increases within the county since 2005. In the event that changed circumstances, such as population growth or other changes, indicate a compelling need to change the response time map, the following procedure will be followed.

The Director of the County Department of Health, Housing and Human Services shall proceed with proposed response time map changes by giving prior written notice of the proposed changes to any city or fire district whose territory would be affected. At the request of any affected city or fire district, any proposed changes will be forwarded to the Board for decision by the Board.

In reviewing proposed changes to the response time map, the County may consider the following general guidelines:

* "Urban area" designation may be appropriate for areas within an ASA which are in an incorporated city with a population greater than 9,000 persons and a population density greater than 2,000 persons per square mile, or which consist of census tracts having a population density greater than 2,000 persons per square mile that are contiguous to such an incorporated city.

* "Suburban area" designation may be appropriate for areas within an ASA which are non-urban but are contiguous to urban areas, and consist of census tracts having a population density between 1,000 and 2,000 persons per square mile, or for traffic corridors in which the suburban response time standard can be extended without unduly adding to system cost.

* "Rural area" designation may be appropriate for areas within an ASA which are not urban, not suburban, and which are either an incorporated city of less than 9,000 population, or consist of census tracts having a population density less than 1,000 persons per square mile, or for traffic corridors in which the rural response time standard can be extended without unduly adding to system cost.

* "Frontier area" designation may be appropriate for areas within an ASA which are not urban, suburban, or rural areas, and for inaccessible or roadless areas of the National Forest where rural response times cannot be achieved without unduly adding to system cost.

* The Director of the Department may make changes in the response time criteria detailed above to make the County criteria consistent with OHA mandated Trauma System and/or criteria used for similar purposes and reporting.

D. Levels of Care

1. Ambulance Service Providers for each Ambulance Service Area:

a. Shall provide service at the advanced life support level, staffed by Emergency Medical Services Providers as described in Section 10.01.050.G, on a 24-hour basis.

b. May provide service at the basic life support level, staffed by Emergency Medical Service Providers as described in Section 10.01.050.G, on a schedule approved by OHA.

c. Shall maintain vehicles and equipment that conform to the standards, requirements, and maintenance provisions established by the County or in Oregon Revised Statutes and in the rules adopted by the OHA.

d. Shall maintain and make available, upon request of the Department, patient care records in a form approved by the Department.

e. Shall prohibit the performance of Emergency Medical Services Providers or trainees who suffer suspension, revocation, or termination of license by the OHA.

E. Health Equity and Cultural Competence Programs

1. Supporting countywide health goals that address racial health equity and cultural responsiveness in access of quality of services are a fundamental part of Clackamas County's commitment to protecting and promoting the community's health. Strong partnerships within the community are key to identifying differences in health among population groups defined socially, economically, demographically, or geographically.

2. Ambulance Service Providers are expected to develop a diverse EMS workforce that reflects the composition of the community; improve patient experience through culturally responsive and linguistically appropriate services; and support outreach to high-risk high-need communities to identify and address barriers in service and communication.

3. Ambulance Service Providers shall commit to minimize barriers in EMS access, care, and communication in culturally and racially diverse populations through targeted community-level interventions including, but not limited to:

a. Development or expansion of a targeted, systemic, and culturally specific approach to community outreach, including interventions which maximize access to diverse populations as appropriate to the health issue being addressed.

b. Ambulance Service Providers shall report outcome data to the County related to targeted health issues determined by the County.

F. Clinical Innovation

1. It is Clackamas County's intent that Ambulance Service Providers have a proven track record of clinical innovations. Ambulance Service Providers shall routinely work with Clackamas County staff to identify data-driven service innovations to elevate the level of clinical care. These innovations can include (but are not limited to):

a. Nurse Triage. A contracted nurse triage service provider would triage calls, provide advice, and possibly reroute the patients to an alternate destination.

b. Alternate Destination Transport. Based on clinical diagnoses, non-emergency injury or illness patients would be transported to an alternate destination instead of the emergency department (ED). Alternate destinations may include (but not limited to) behavioral health facilities, detoxification centers, or urgent care centers.

c. Tele Medicine. Consulting with a mid-level health practitioner, paramedics could treat patients in their homes via mobile devices and the use of current technology.

d. Mobile Integrated Healthcare (MIH). Using patient-centered mobile resources in the out-of-hospital environment, community paramedics or mid-level health practitioners provide services such as telephone advice to 9-1-1 callers, chronic disease management, preventive care or post discharge follow-up visits, or transport or referral to a broad spectrum of appropriate care not limited to hospital emergency departments.

e. Community Paramedicine (CP). Working in collaboration with primary care and public health, CPs can assess and evaluate community services and systems to identify gaps and barriers between the community and healthcare systems and services. CPs are trained to navigate systems and establish relationships to better serve individuals in their communities while contributing to the overall goal of empowering those individuals and communities to achieve positive health outcomes and reach an optimal level of wellness. The CP's role in primary care includes health promotion, disease prevention, health maintenance, counseling, patient education, and treatment of acute and chronic illnesses in a variety of settings—typically in the patient's home.

f. Single Person/Single Resource. Depending on the severity and type of call, a single person single resource can be a cost-effective option for responding to low acuity calls. As a nimble resource, these units can also be dispatched on high acuity calls in addition to other resources to get to the incident quicker and initiate efforts to stop the progression of an emergency.

G. Personnel

1. All Ambulances used to provide emergency or non-emergency service in the County must be staffed with Emergency Medical Services Providers licensed by the State of Oregon. Emergency Medical Services Providers are required to have a Medical Director who meets the requirements of the OHA.

2. Advanced Life Support Ambulances shall be staffed at minimum with two Emergency Medical Services Providers. The minimum level of staffing is one

(1) licensed Paramedic and one (1) licensed Emergency Medical Technician.

3. Basic Life Support Ambulances shall be staffed at minimum with two Emergency Medical Service Providers. The minimum level of staffing is two (2) licensed Emergency Medical Technicians.

4. Emergency Medical Service Providers deployed by Participating Providers as part of a plan to modify ambulance response time requirements shall meet, at a minimum, the licensing and authorization standards established for Ambulance Providers by the County EMS Medical Director.

H. Medical Supervision

This Plan establishes the goal of unified medical direction for Emergency Medical Services within the County while maintaining the collaborative relationship between Medical Directors.

1. The County EMSMD is hired or contracted by the County to serve as the medical advisor to the County for Emergency Medical Services and shall meet the qualifications of OHA for EMS Supervising Physicians.

2. The EMSMD:

a. Serves as the Medical Director for Ambulance Service Providers contracted by the County, CCOM, and may serve as the Medical Director for any agency providing Emergency Medical Services in Clackamas County.

b. May implement protocols and set standards of care for Ambulance Service Providers and Participating Providers serving Clackamas County and may require patient care equipment, supplies and medications in addition to those required by OHA.

c. May, in appropriate cases, suspend medical authorization for Emergency Medical Services Providers working under their medical authorization. [Amended by Ord. 03-2022, 7/21/22]

d. Provides oversight of the County quality improvement program.

e. Assists the County in disaster preparedness and response.

f. May recommend modifications to the response time requirements in the Ambulance Service Plan.

g. Participates in the regional protocol development process.

3. The County may hire or contract assistants to help carry out the duties assigned to the EMSMD. The EMSMD retains the sole responsibility for all assigned duties.

4. The Medical Directors of Emergency Medical Service agencies, including dispatch centers, in the County constitute the Emergency Physicians Advisory Board (EPAB). The EPAB advises the County EMS Medical Director about significant EMS system issues including:

a. Staffing requirements for EMS services.

b. Coordination of ambulance services with other EMS services.

c. Training needs of EMS services and providers.

d. Standards for quality improvement programs.

e. Procedures for the resolution of quality assurance issues.

f. Sanctions for non-compliant personnel and providers.

5. Ambulance Service Providers, Participating Providers and dispatch centers shall have a Medical Director who meets standards established by the Department and the EMSMD.

6. Dispatch centers providing ambulance dispatch shall have a Medical Director and use emergency medical dispatch protocols approved by the EMSMD.

7. The County may establish a County EMS Medical Authority comprised of the EMSMD and the Medical Directors of Participating Providers, approved and contracted by the County, to provide medical direction to EMS agencies.

8. Medical supervision is also addressed in the Quality Improvement provisions of this Plan (Section 10.01.050.L).

I. Patient Care Equipment

Patient Care Equipment is addressed in the Levels of Care provisions of this Plan (Section 10.01.050.D), and the Vehicles provisions of this Plan (Section 10.01.050.J).

J. Vehicles

Ambulance Service Providers for each Ambulance Service Area shall:

1. Supply a sufficient number of vehicles outfitted with necessary equipment and supplies as required by the County and Oregon Revised Statutes and Administrative Rules (see, e.g., OAR 333-255-0072 and OAR 333-255-0060), and maintain a current license issued by OHA.

2. Equip all ambulances with AVL, and Mobile Date Computers (MDC) with Global Positioning Satellite (GPS) mapping. Ambulance Service Providers will maintain the equipment and ensure it remains in working order.

3. Report annually to the Department, upon request, the type, age and mileage of each vehicle.

4. Provide to the Department upon request a written description of its program of vehicle and equipment maintenance and inventory control. Providers may modify such maintenance and inventory control programs, from time to time, as necessary to improve performance and contain costs.

K. Training

1. The County expects all Emergency Medical Service Agencies to meet OHA- required licensing levels, participate in a medical audit process, and to provide special training and support to personnel in need of specific training. Clackamas County requires Oregon level specific state licensing education and training requirements and continuing education requirements for EMS providers in accordance with OAR 333-265-0000 to 333-265-0170.

2. Participating Providers will ensure that the EMS Providers utilized in EMS response meet the initial, recurrent and competency-based training standards established by the EMSMD.

3. This Plan establishes a goal of conducting Multi-Agency Training for all Ambulance Service Providers and First Responder Agencies at least once each year.

4. All Ambulance Service Providers will fully participate in the County's continuing EMS education and joint training program, including fulfilling all data requests within specified time frames.

L. Quality Improvement

1. This Plan establishes a countywide quality improvement program that will monitor compliance with statute, administrative rule, this Plan, and associated County Ordinances relating to the delivery of ambulance services. This Plan includes compliance with ASA Ambulance Provider response times by requiring submission reports by ASA Ambulance Providers showing dispatch to arrival on scene times on a monthly basis. It also includes a database integrating data for PSAP handling of medical calls, first response and Ambulance Service Provider clinical performance, and hospital outcomes monthly.

2. The EMSMD provides oversight of the County quality improvement program.

3. The Quality Improvement Committee is a sub-committee of the EMS Council, responsible for county-wide quality improvement.

4. Ambulance Service Providers and Participating Providers shall participate in medical oversight as directed by the County, and shall provide data to the County for quality improvement as requested and in a manner determined by the County to be secure, reliable and accessible by quality improvement personnel.

5. Ambulance Service Providers and Participating Providers shall meet OHA required licensing levels, participate in a medical audit process, and provide special training and support to personnel in need of specific training.

6. Each agency will be responsible for maintaining an internal quality assurance program including monitoring performance of its personnel, responding to complaints and addressing errors and serious events.

7. At a minimum, the County expects Emergency Medical Services Agencies to:

a. Supervise the services provided by them;

b. Participate actively in the medical audit process, provide special training and support to personnel found in need of special assistance in specific skill or knowledge areas, and provide additional clinical leadership by maintaining a current and extensive knowledge of developments in EMS equipment and procedures;

c. Participate actively in the County's EMS Council Quality Improvement Subcommittee;

d. Maintain OHA licenses, local vehicle permits, and personnel licenses;

e. Cause all official EMS policies and protocols to be properly implemented in the field. Where questions related to clinical performance are concerned, Emergency Medical Services Agencies shall satisfy the requirements of the OHA and the County. EMS Agencies shall ensure that knowledge gained during the medical audit process is routinely translated into improved field performance by way of training, amendments to operating procedures, bulletins, and any other method necessary to ensure it becomes standard practice;

f. Utilize the services of a Medical Director to review the quality of care provided by them.

8. Problem Resolution: Clinical performance issues will be reviewed by the County Quality Improvement (QI) Committee and the EMSMD. The County QI Committee and EMSMD may work with the EMS Coordinator, EPAB, and the EMS Council to resolve the issue. Provider issues should be resolved at the agency level unless they involve complaints or discipline for potential violation of ORS/OARs pertaining to ambulance services or EMS providers at which time the agency or County would refer to OHA per ORS/OAR guidelines.

9. Sanctions: the County may implement sanctions for noncompliant personnel and providers subject to this Plan. Where EMS Services are provided pursuant to a contract with the County, the contract shall set forth sanctions to be applied in the event of a major breach by the provider and shall set forth end-of-term provisions designed to provide an orderly transition if necessary.

M. Changes by Board

The Board reserves the right, after further addressing and considering the subjects or items required by law, to change system elements described in Sections

10.01.050.A through 10.01.050.L in order to provide for the effective and efficient provision of emergency medical services.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12; Amended by Ord. 04-2024, 11/14/24]

10.01.060 COORDINATION

A. The Entity that will Administer and Revise the ASA Plan

The Director of the Clackamas County Department of Health, Housing and Human Services or their designee shall be responsible for the administration of this Plan. The Board of County Commissioners of Clackamas County will be responsible for revisions to this Plan with input of the Clackamas County EMS Council.

B. Process for Input and Complaint Review

1. Complaints regarding emergency medical services received by Clackamas County staff shall be directed to the Clackamas County Public Health Division (CCPHD) Office of Public Health Emergency Services (OPHES) EMS Coordinator. Complaints may derive from patients, EMS providers, first responders, law enforcement, healthcare facilities, the public, and others. The EMS Coordinator will review and investigate the complaint and document their findings and disposition.

Complaints regarding emergency medical services in Clackamas County include but are not limited to complaints regarding response performance, patient treatment, provider conduct, choice of transport destination, and patient transport billing issues.

All emergency medical services complaints shall be forwarded to the EMS Coordinator. The EMS Coordinator will review and investigate the complaint by contacting the complainant and EMS agency named in the complaint. The complainant will be advised OPHES received their complaint and a description of the County's then-current complaint review and appeal policy, as well as the steps the EMS Coordinator will take in response to the complaint.

Complaints regarding transport billing or any ambulance service contract performance will be investigated by the EMS Coordinator as part of ambulance services contract compliance. The EMS Coordinator will follow resolution and sanction procedures set forth in the ambulance services contract.

Complaints specifically regarding responder agency crews will be referred to the agency involved for further investigation. It is the responsibility of each individual agency to investigate and follow up on these complaints. OPHES does not regulate individual agency personnel or personnel issues.

Complaints that include issues that may violate OHA EMS and Trauma Systems regulations or rules will be reported to the OHA by the EMS Coordinator according to OHA reporting requirements.

Complaints that fall outside of OPHES jurisdiction will be forwarded to the appropriate jurisdiction by the EMS Coordinator, and the complainant will be notified.

The EMS Coordinator will advise the OPHES Manager of all EMS related complaints, investigative findings, and complaint disposition. The OPHES Manager will provide guidance regarding the need to inform the Public Health Director, H3S Director's Office, County Counsel, or County Administration.

Upon recommendation from the EMS Coordinator, the EMS complaint policy may undergo routine updates and minor edits which do not require formal changes to the Ambulance Service Plan.

2. Complaints of a clinical nature and those that may have clinical components will be referred to the agency medical director for investigation. Urgent issues and complaints of an egregious clinical nature may be referred directly to the EMSMD for assistance in generating an immediate investigation and/or intervention.

3. To provide regular consultation on EMS issues, the Board has appointed an Emergency Medical Services Council composed of twelve members as follows:

a. One representative of a commercial Ambulance Service Provider;

b. One representative from a governmental agency that provides ambulance services, if there is such an agency;

c. One representative from the Clackamas County Fire Defense Board;

d. One emergency medicine physician from a hospital within Clackamas County;

e. One Medical Director to an EMS Agency in Clackamas County;

f. One governmental representative from Clackamas County as recommended by the Director of the Department of Health, Housing and Human Services;

g. One licensed Paramedic currently providing prehospital emergency medical care in Clackamas County;

h. One Basic Life Support Emergency Medical Provider currently providing prehospital emergency medical care in Clackamas County;

i. One person representing a city in Clackamas County;

j. One person representing consumers of ambulance services;

k. One person representing a Primary Public Safety Answering Point (PSAP) communications center within Clackamas County;

l. The EMSMD will serve as an ex officio member.

4. Appointments shall be made for a term of three years.

5. The Council shall adopt bylaws to govern the operations of the Council.

6. The Council shall advise the Board and the Department in all matters relating to this Plan and matters relating to prehospital emergency medical services, and provide consultation or make recommendations as may be requested by the Board or the Department.

[Amended by Ord. 03-2022, 7/21/22]

C. Mutual Aid Agreements

Ambulance Service Providers shall respond in a mutual aid capacity to service areas outside of the County if directed by the EMS Coordinator or in accordance with Provider mutual aid agreements. Conversely, there are areas on the periphery of the County where the nearest ambulance may be located in an adjacent jurisdiction. In the interest of improving response times, the County may approve the use of these closer ambulances contingent upon the execution of a satisfactory mutual aid agreement with the responding agencies.

Ambulance Service Providers shall enter into effective agreements for mutual aid or additional ambulance resources and provide copies of such agreements to the County. Clackamas County Public Health Division will hold and maintain mutual aid agreements. Copies of these agreements can be requested through the EMS Coordinator by emailing ccems@clackamas.us.

Mutual aid agreements must include provisions for moving resources into an ASA for disaster and mass casualty incidents.

When no ambulance is immediately available in an ASA, the Ambulance Service Provider shall request mutual aid assistance and assist the appropriate PSAP to identify and dispatch the next closest available ambulance.

Ambulance Service Providers are required to use best efforts to provide a response to all requests for mutual aid from neighboring jurisdictions.

Should delivery of mutual aid service to any neighboring jurisdiction become excessive, indicating that such jurisdiction is relying heavily upon another system for emergency service, the Ambulance Service Provider shall so inform the County and discuss adjustment of the delivery of mutual aid service to that neighboring jurisdiction to a level more consistent with mutual aid requests by other neighboring jurisdictions.

Mutual aid responses shall be reviewed at least annually unless problems or deficiencies occur. If it is found that an Ambulance Service Provider is relying on mutual aid to mask coverage deficiencies, the Ambulance Service Provider may be required to re-deploy units or add unit hours to cure deficiencies.

When an Ambulance Service Provider utilizes mutual aid or another ambulance resource to respond to a call, such response shall not be counted as a late response unless the response time standard is not met, or no response time is reported.

D. Disaster Response

1. County Resources Other than Ambulances:

Clackamas County's Emergency Operation Plan addresses accessing County resources in the event of a disaster. This Plan is included in this document as Appendix B. See Section 5, Emergency Coordination, Subsections 5.2, On-Scene Incident Management, and 5.3, Emergency Operations Center Support to On-Scene Operations of the Clackamas County Emergency Operation Plan.

2. Out of County Resources

Clackamas County's Emergency Operation Plan addresses accessing out-of-county resources in the event of a disaster. This Plan is included in this Ambulance Service Plan as Appendix B. See Section 3, Concept of Operations, Subsection 3.8.1, Request, Allocation, and Distribution of Resources, of the Clackamas County Emergency Operation Plan.

3. Mass-Casualty Incident Plan

The County has adopted the Metro Regional EMS Consortium MCI protocol to be used in any mass casualty incident. Provisions for mass casualty response will be included in all mutual aid agreements. Clackamas County Public Health will hold and maintain the mass casualty plan. Copies of this plan can be requested via email through the EMS Coordinator at ccems@clackamas.us and is included in this Ambulance Service Plan as Appendix C.

The Metro Regional EMS Consortium MCI protocol is evaluated annually by the Metro Regional EMS Consortium committee. Recommendations for revisions are submitted to the committee, evaluated, and accepted or rejected based on majority vote. Protocol changes are implemented annually, each January.

4. Response to Terrorism

The County will establish, in consultation with its Department of Emergency Management, the Fire Defense Board and law enforcement agencies, a plan for responding to terrorism incidents including, weapons of mass destruction / effect and bio-terrorism incidents. Law enforcement will be the lead agency in the immediate response and mitigation of terrorist threats or incidents. The Department will be the lead health agency in determining the appropriate health agency response. The Public Health Officer will be the lead physician at the agency and the County EMS Medical Director will assist in coordinating EMS resources.

5. The County has an obligation to provide assistance to other communities during disasters or other extraordinary emergencies. All Ambulance Service Providers shall cooperate with the County in rendering emergency assistance to its citizens and to other communities during such events.

During such periods, and upon authorization from the County, Ambulance Service Providers will be exempted from responsibilities for response-time performance until notified that the assistance within the County or to other communities is no longer required. At the scene of the disaster or other extraordinary emergency, the Ambulance Service Providers' personnel shall perform in accordance with local emergency management procedures and protocols established by the affected County.

When an Ambulance Service Provider is notified that disaster assistance is no longer required, it shall return all of its resources to the primary area of responsibility, and shall resume all operations in a timely manner.

6. Ambulance Service Providers shall use the incident command and personnel accountability systems adopted by the Clackamas County Fire Defense Board and provide necessary training to their employees.

7. Ambulance Service Providers shall participate in County disaster planning and training exercises as requested.

E. Personnel and Equipment Resources

1. Non-Transporting EMS Provider Agencies

EPAB may recommend standards for licensure, equipment, standards of care, clinical protocols and patient hand-off procedures for all non-transporting EMS Providers. Individual agency Medical Directors will be responsible for implementing and supervising the agency's adherence to these standards.

Fire agencies in Clackamas County provide EMS first response services for the entire county. Each agency determines their deployment model necessary to provide emergency responses for fires, rescue situations, medical incidents, and other specialty or rescue situations. Fire agencies respond on all time critical 9-1-1 medical calls and provide basic operations level initial response to hazardous materials, specialty rescue, and extrication. The scope of medical services provided by fire departments and districts may evolve over time. Notifying persons should immediately communicate with C-COM or LO-COM on the appropriate operating channel to initiate a response. If there is no access to the proper radio frequency, 9-1-1 should be utilized.

The authority having jurisdiction will identify the appropriate lead agency for technician level response to hazardous materials, extrication, search and rescue, and specialized rescue.

In Clackamas County, the lead agencies with jurisdiction are generally:

a) Hazardous Materials: Clackamas Fire District #1

Access through C-COM, LO-COM, or 911 system. If local resources are overwhelmed, activation of a State Hazardous Materials team can be made by Incident Command through the Oregon Emergency Response System (OERS). The contact number for OERS is at 1-800-452-0311.

b) Search and Rescue (SAR): Clackamas County Sheriff's Office (CCSO) Access through C-COM, LO-COM, or 911 system.

CCSO SAR resources include Incident Command, Canine, SAR, Trail Running Team, Technical Rope Rescue, ATV and Drone Operations. The contact number for the CCSO SAR is 503-785-5000.

c) Specialized Rescue: Clackamas Fire District #1 Access through C-COM, LO-COM, or 911 system.

d) Extrication: Fire agency with jurisdiction. Access through C-COM, LO-COM, or 911 system Extrication and specialized rescue teams will be activated through the local PSAPs. Methods of contacting the local PSAPs besides dialing 9-1-1 can be located at C-COM and LO-COM's websites referenced earlier.

e) Additional resources information can be found in the Clackamas County Emergency Operations Plan, attached to this Ambulance Service Plan as Appendix B.

2. Participating Provider agencies shall comply with standards for licensure, equipment, standards of care, clinical protocols and patient hand-off procedures established by the County EMS Medical Director. Should any Participating Provider utilize a medical director in addition to the County

EMS Medical Director, compliance with this provision may be supervised by the agency's Medical Director.

3. All EMS Provider Agencies shall provide training for their crews to the hazardous materials first responder (awareness) level as determined by the Occupational Safety and Health Administration (OSHA).

4. All Ambulance Providers will participate in and comply with the countywide incident command and personnel accountability systems established by the Fire Defense Board.

5. Additional EMS resources and contact information can be obtained by contacting the EMS Coordinator at ccems@clackamas.us.

F. Emergency Communication and System Access

1. Telephone and Dispatch Procedures

9-1-1 calls for emergency services received by Clackamas County Communications (C-COM) and Lake Oswego Communications (LO-COM) are dispatched, or forwarded to WCCCA or METCOM for dispatch, as appropriate.

These PSAPs provide twenty-four hour per day staffing for dispatch of police, fire and medical services and for emergency and routine radio communications between users and other resources relating to the functions of user agencies. Other methods of contacting C-COM, LO-COM or WCCCA can be located at their respective websites listed earlier in the document.

PSAP dispatch personnel are trained to Department of Public Safety Standards and Training (DPSST) standards, certified in cardiopulmonary resuscitation (CPR), EMD certified on ProQA by the International Association of Emergency Dispatch (IAED) and will provide instructions for pre-arrival treatment if calling party is willing to perform treatment to ill or injured victims.

2. Radio System

The County has an 800-megahertz system. Ambulance Service Providers shall provide, install and utilize radios required by the County and shall be able to communicate with all Clackamas County first response agencies.

3. Emergency Ambulance Service Providers shall meet requirements for communication with On-Line Medical Control, trauma communications, and receiving hospitals established by the County EMSMD.

4. Emergency Medical Services Dispatcher Training

All dispatch centers handling EMS Calls will be required to operate under Emergency Medical Dispatch (EMD) procedures approved by the County EMSMD. EPAB may provide advice and consultation to the County EMSMD in the development, evaluation and selection of EMD systems. All persons assigned to EMS duties and call taking will be required to complete a prescribed training program in EMD.

5. Ambulance Service Providers shall follow dispatch and radio procedures as determined by member boards of each PSAP and the Fire Defense Board.

G. Changes by the Board

The Board reserves the right, after further addressing and considering the subjects or items as required by law, to change coordination provisions described in Sections 10.01.060.A through 10.01.060.F in order to provide for the effective and efficient provision of emergency medical services.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12; Amended by Ord 04-2024, 11/14/24]

10.01.070 PROVIDER SELECTION

A. Initial Assignment of Ambulance Providers

Initial assignment of Ambulance Service Providers has been as follows:

1. The Molalla Rural Fire Protection District (RFPD) was assigned as the provider for the Molalla ASA under the 1991 Ambulance Service Plan and will continue to provide service to that area.

2. The Canby Rural Fire Protection District was assigned as the provider for the Canby ASA under the 1991 Ambulance Service Plan and will continue to provide service to that area.

3. American Medical Response Northwest, Inc. was assigned as the provider for the Clackamas ASA in a competitive process under the 1993 Ambulance Service Plan.

B. Contracted Ambulance Service Provider Performance Review

Under the delegation of the Director of the Clackamas County Department of Health, Housing and Human Services, the EMS Coordinator shall be responsible for reviewing performance of an Ambulance Service Provider to the associated ASA and the number and geographic configurations of ASAs for the County. The following considerations will be included in the analysis: EMS volume data, including dispersal and response times, geographic size, traffic patterns, healthcare facility locations, EMS unit station locations, the capacity and performance record of current and potential providers, as well as anticipated changes in population density and distribution and other drivers of EMS service needs.

Designation of providers assigned to an ASA will be recommended by the EMS Coordinator and will include the consideration of the previously demonstrated ability of providers to meet or exceed established performance and clinical standards as set in this Plan, as well as the potential of new providers and their capacity and performance history.

The EMS Coordinator shall review and consider advice and recommendations from the EMS Council on both Ambulance Service Providers and the creation or reassignment of the number or size of ASAs in the County.

C. Reassignment

1. An emergency reassignment may be made at any time for a period of up to one year if the Board determines that the inability or failure of a provider to perform in the delivery of ambulance services constitutes an emergency related to public health and safety.

2. Should an Ambulance Service Provider notify the County that it is no longer willing or able to provide service to an ASA, or should the County take action to terminate the agreement for service or assignment to the ASA, the County shall then select a replacement provider by a competitive selection process recommended by the County Administrator and approved by the Board.

3. At the end of the term of an agreement for ambulance service, the Board may extend the agreement, renegotiate the agreement, or seek a service provider by a method recommended by the County Administrator, or take other action the Board determines to be in the County's best interest.

D. Application for an ASA

The County will solicit applications for an ASA from Ambulance Service Providers if it determines that additional providers are needed. The format for such applications will be determined by the County Administrator.

E. Notification of Vacating an ASA

1. If an Ambulance Service Provider intends to vacate its ASA, it shall provide at least one hundred eighty (180) days' written notice to the Board. The Ambulance Service Provider must provide notification in accordance with the provisions of this Ambulance Service Plan or pursuant to any contract between the County and the Ambulance Service Provider. The Board will provide written confirmation of receipt of notice to vacate within ten (10) business days.

2. The vacating Ambulance Service Provider must ensure continuity of Emergency Ambulance Services following notice of intent to vacate. The vacating Ambulance Service Provider will continue all operations and support services, including Emergency Ambulance Services, in accordance with this Ambulance Service Plan and any contract between the County and the Ambulance Service Provider, and at the same level of effort and performance that were in effect prior to the notification to vacate. Unless specifically agreed to, in writing, by County in its sole discretion, the vacating Ambulance Service Provider will make no reductions in Emergency Ambulance Service levels during the 180-day period. Failure to maintain Ambulance Service Levels during the 180-day period will permit the County to pursue any and all remedies available to it at law, in equity, or under any contract between County and the vacating Ambulance Service Provider including, but not limited to, imposition of liquidated damages and withholding of cost saving payments.

3. Within one hundred eighty (180) days of receipt of Assignee or Franchisees' written notice to vacate the ASA, the Board will reassign the ASA per subsection (C) above.

4. If an Ambulance Service Provider emergently ceases service, remaining ASA provider(s) shall adjust their service area boundaries to ensure adequate coverage of the area without ambulance service until such time as the vacancy can be resolved and the ASA is reassigned. Assistance will also be requested if needed, from the closest ambulance service outside the vacated ASA through mutual aid agreement(s).

F. Maintenance of Level of Service

1. In the event that any provider vacates an ASA, the County will reassign the ASA as provided in subsection (C) above.

2. In all agreements related to ASA assignments and franchises, the County will require adequate performance security to assure adequate services levels are maintained.

3. Revocation/Modification: Upon recommendation by the Department, or upon its own motion, and after proper notice and opportunity to correct, the Board may modify, revoke, or refuse to renew a franchise, ambulance permit, or ASA assignment upon finding that the Ambulance Service Provider has:

a. Violated this Plan, a County ordinance, the terms of a permit, franchise, assignment, or the conditions thereunder, or other State laws or regulations herein applicable; or

b. Materially misrepresented facts or information given in the application for a franchise, or materially misrepresented facts and justification of rate adjustments; or

c. Failed to provide adequate service in an assigned service area; or

d. Misrepresented the gross receipts from the franchise service area or such other reports required by the Board; or

e. Willfully charged rates in excess of those authorized by the Board; or

f. Generated an excessive number of investigated and confirmed complaints from police agencies, fire departments, health care facilities, the medical community, or the public concerning the provider's performance; or

g. Failed conscientiously to comply with any and all requirements of this Plan; or

h. Failed to follow the requirements as listed in the permit, Request for Proposal or the franchise contract.

Modification of a franchise may include, but is not limited to, revoking all or a portion of the exclusivity of the assignment to permit additional providers to provide Ambulance Services in the event the Ambulance Service Provider has committed one of the violations described above or materially breached the contract between the Ambulance Service Provider and Clackamas County.

4. The Board shall notify the Ambulance Service Provider in writing of the alleged failure.

5. The County shall have the right to revoke a permit, ASA assignment or franchise if it finds that there has been a violation of the terms of the permit, assignment, or a major breach of the terms of the franchise. The County shall have the right to exercise immediate takeover of the franchise operations if it finds that there has been a major breach of the terms of the franchise, and, in the County's opinion, public health or safety are endangered thereby. Such action may be effective immediately at the direction of the County.

6. No franchise, permit, or ASA assignment shall be revoked without providing a right to a hearing in the matter. The Ambulance Service Provider shall have the right to appear and defend against the charges, and if desired, to be represented by counsel. In the event of an emergency or immediate situation, the hearing may be conducted after the takeover of the system.

7. The County will include, in its contract with the Ambulance Service Provider selected to serve the Clackamas ASA, notification and termination provisions to provide for performance security.

8. In areas of the County where geographic or other limitations might hinder the adequate provision of ambulance services, the County may enter intergovernmental agreements with counties, cities or fire districts in order to provide efficient and effective ambulance service by means of public or private Ambulance Service Providers.

9. The assignments of Section 10.01.070.A shall be exclusive; however, such exclusivity shall not apply to:

a. Vehicles owned by or operated under the control of the United States Government or the State of Oregon;

b. Vehicles being used to render temporary assistance in the case of a disaster, or an emergency with which ambulance services of surrounding localities are unable to cope, or when directed to be used to render temporary assistance through an alarm/dispatch center or a public official at the scene of an accident;

c. Vehicles operated solely on private property or within the confines of institutional grounds, whether or not the incidental crossing of any public street, road or highway serving the property of grounds is involved;

d. Any person who owns or who drives or attends a patient transported in a vehicle under this subsection 10.01.070.E.9;

e. Ambulance companies that provide service only to fulfill mutual service agreements, or non-emergency transportation contracts with specific organizations (if the County does not incorporate non-emergency ambulance services into an exclusive franchise agreement), provided the ambulance company and the organization are on a current basis identified and on file with the Department;

f. Vehicles operated solely for the transportation of lumber industry employees;

g. Transport of persons who do not require pre-hospital or out of hospital emergency assessment or treatment (if the County does not incorporate non-emergency ambulance services into an exclusive franchise agreement);

h. Transport of persons through an ASA, or patient delivery from another ASA.

i. Modification of a franchise resulting in revocation of all or a portion of the exclusivity, as set forth in Section 10.01.070F.3, above.

G. Changes by the Board

The Board reserves the right, after further addressing and considering the subjects or items required by law, to change Ambulance Service Provider selection procedure or standards, or service provisions, as described in Sections 10.01.070.A through 10.01.070.F, in order to provide for the effective and efficient provision of emergency medical services.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05; Amended by Ord. 06-2012, 7/12/12; Amended by Ord 04-2024, 11/14/2024]

10.01.080 COUNTY ORDINANCES AND RULES

A. Clackamas County Code Chapter 10.01, Ambulance Service, is the codified form of the County's Ambulance Service Plan, and is adopted by County ordinance.

[Added by Ord. 04-2002, 3/14/02; Amended by Ord. 08-2005, 12/14/05]

Appendix B:

Clackamas County Emergency Operations Plan | Clackamas County

Appendix C, Pages 310 - 322:

2024 Metro Regional EMS Consortium Patient Treatment Protocols

Chapter 10.02: CABLE TELEVISION COMMUNICATIONS SYSTEMS REGULATION

10.02.010 Definitions

For the purpose of this chapter, unless the context requires otherwise:

A. ACCESS or PUBLIC ACCESS means the use by various agencies, institutions, organizations, groups and individuals in the community, including the County and its designees, of the cable system to acquire, create, and cable cast programming not under the editorial control of the Grantee. Access also refers to the specific channels (and portions thereof), services facilities, equipment, technical components, maintenance, resources and/or other capital or operating support and all other means by which this right is exercised.

B. CABLE OPERATOR means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

C. CABLE SERVICE means the one-way transmission to subscribers of video programming, or other programming service and, subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

D. CABLE COMMUNICATIONS SYSTEM or CABLE TELEVISION SYSTEM means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

1. a facility that services only to retransmit the television signals of one or more television broadcast stations;

2. a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way;

3. a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, other than for purposes of Section 621 C, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

4. any facilities of any electric utility used solely for operating its electric utility systems.

E. FRANCHISE means an initial authorization, or renewal thereof (including renewal of an authorization which has been granted subject to Section 626 of the Cable Act), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.

F. FRANCHISEE means the person, firm or organization to which a franchise is granted to operate a cable communications system pursuant to the authority of this chapter.

G. FRANCHISE FEE means any tax, fee, or assessment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such; but the term "franchise fee" does not include, as per sec. 622 G of the Cable Act:

1. any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);

2. in the case of any franchise in effect on the date of the enactment of this chapter, payments which are required by the franchise to be made by the cable operator during the term of such franchise for, or in support of the use of, public, educational, or governmental access facilities;

3. in the case of any franchise granted after such date of enactment, capital costs which are required by the franchise to be incurred by the cable operator for public, educational, or governmental access facilities;

4. requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

5. any fee imposed under Title 17, United State Code.

H. LEASED ACCESS CHANNEL means any channel or portion of a channel available for programming by persons or entities other than Franchisee for a fee or charge.

I. PROGRAMMING means the process of causing television programs or other patterns of signals to be transmitted on the cable communications system, and includes all programs or patterns of signals transmitted or capable of being transmitted, on the cable communications system.

J. PUBLIC RIGHT-OF-WAY means the surface of, and the space above and below, any public street, road, alley, highway, dedicated way, local access road or road easement used or intended to be used by the general public for motor vehicles, and any public utility easement within the County, to the extent the County has the right to allow the Franchisee to use them.

K. VIDEO PROGRAMMING means programming provided by, or generally considered comparable to programming provided by a television broadcast station.

[Codified by Ord. 05-2000, 7/13/00]

10.02.020 Authority

The County of Clackamas recognizes, declares and establishes its authority to regulate the construction, operation and maintenance of cable communications systems (hereinafter "system") for the area located within the unincorporated areas of Clackamas County, and to exercise all powers necessary for that purpose, including, but not limited to, the following:

A. To grant by resolution, nonexclusive franchises for the development and operation of a system or systems;

B. To impose different franchise requirements based on reasonable classifications.

C. To contract, jointly agree or otherwise provide with other local or regional governments; counties or special districts for the development, operation, and/or regulation of systems, or franchises;

D. In the event of unusual circumstances not presently anticipated to occur, the County may purchase, hire, construct, own, maintain, operate or lease a system and to acquire property necessary for any such purpose.

E. To regulate, subject to applicable law, all facets of a system, including but not limited to:

1. Consumer service, consumer protection and privacy standards;

2. Disputes among the County, franchisees, and subscribers;

3. The development, management and control of access channels;

4. Rates and review of finances for rate adjustments;

5. Construction timetables, standards, and service extension policies;

6. Modernization and upgrade of technical aspects;

7. Leased access channels;

8. Ensuring adherence to federal, state, and local regulations;

9. Franchise transfer and transfer of control of ownership;

10. Franchise renewal;

11. Franchise revocation;

12. Enforcement of buy-back, leaseback or option-to-purchase provisions;

13. Receivership and foreclosure procedures; and

14. Compliance with County standards for public rights-of-way.

F. To reserve the power to exercise this grant of authority to the fullest extent allowed by law.

[Codified by Ord. 05-2000, 7/13/00]

10.02.030 Grant of Franchise, Renewal

A. In the event that a cable television operator seeks a franchise the procedures set forth in this chapter shall be followed subject to applicable law.

B. The Cable Manager of Clackamas County shall have authority to establish and provide:

1. Information and instructions relating to the preparation and filing of proposals to provide cable communications service;

2. Requirements for proposals to be referred to the Board of County Commissioners regarding the development, operation and regulation of a system, including but not limited to the following:

a. The length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions;

b. A description of the franchise territory and the extension of service;

c. Access requirements;

d. The system design;

e. Technical performance standards;

f. Fees, records and reporting;

g. Indemnification, insurance, and liability for damages; and

h. Provision of an option for the County to acquire the system upon revocation or expiration of the franchise.

C. Subject to the provision of 10.02.100, it shall be unlawful to commence or engage in the construction, operation or maintenance of a cable communications system without a franchise issued under this chapter.

D. The Board of Commissioners by Board Order may:

1. Approve and award the submitted franchise, as proposed, or modify or otherwise make amendments thereto as it deems necessary;

2. Authorize the Cable Manager to seek bids for a system pursuant to a Request For Proposal.

E. The Board of Commissioners may award a franchise only after a public hearing on the proposed franchise, notice of which shall be published in a local newspaper of general circulation in the County at least ten days prior to the date of the hearing. The potential Franchisee shall be notified by mail of the public hearing; provided, however, that no defect in the notice or failure to notify shall invalidate the franchise awarded. The Board of Commissioners may award the franchise, modify the proposed franchise and award or take no action.

F. No franchise or award thereof shall be deemed final until adoption of a Board Order containing the terms and conditions thereof. The franchisee shall bear the costs of all publications and notices given in connection with the award of the franchise, and the costs incurred by the County in evaluating the proposed franchise.

G. A request for renewal of a franchise will be considered and processed n conformance with Federal Law.

[Codified by Ord. 05-2000, 7/13/00]

10.02.040 Administration of Cable Communications

The Board of County Commissioners, (BCC) or its designee, shall have the power to carry out any or all of the following functions:

A. Employ the service of a consultant, to assist in the analysis of any matter related to any franchise, Request For Proposal or proposed franchise under this chapter;

B. Act on applications for franchises;

C. Act on matters which might constitute grounds for revocation or termination of a franchise pursuant to its terms;

D. Attempt to resolve disagreements among Franchisees and public and private users of the system;

E. Consider requests for rate settings or adjustments, as permitted by Federal Law;

F. Coordinate and facilitate the use of access channels;

G. Act in intergovernmental matters relating to cable systems;

H. Review all Franchisee records required by the franchise;

I. Conduct evaluations of the system and the Franchisee's compliance with franchise requirements;

J. Adopt and amend regulations and procedures necessary to enforce franchises and to clarify interpretation thereof;

K. Appoint advisory committees to assist the County in exercising its authority concerning Public Access.

[Codified by Ord. 05-2000, 7/13/00]

10.02.050 Customer Service

A cable operator shall be subject to the customer service standards, set forth in Federal law (Section 8 of the Cable Television Consumer Protection and Competition Act of 1992; 47 U.S.C. §§552; 47 C.F.R. Section 76.309) and as herein detailed:

A. Cable system office hours and telephone availability.

1. The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week.

a. Trained company representatives will be available to respond to customer telephone inquiries during normal business hours.

b. After normal business hours, a service or an automated response system, including an answering machine may answer the access line. A trained company representative must respond to inquiries received after normal business hours on the next business day.

2. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis.

3. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.

4. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time.

5. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.

B. Installations, outages and service calls: Under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis:

1. Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system.

2. Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.

3. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time blocks during normal business hours (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.).

4. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

5. If a cable operator representative is running late for an appointment with customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.

C. Communications between cable operators and cable subscribers:

1. Notifications to subscribers:

a. The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:

i. Products and services offered;

ii. Prices and options for programming services and conditions of subscription to programming and other services;

iii. Installation and service maintenance policies;

iv. Instructions on how to use the cable service;

v. Channel positions of programming carried on the system; and,

vi. Billing and complaint procedures, including the address and telephone number of the local franchise authorities cable office.

b. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and/or in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph.

2. Billing

a. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

b. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days.

3. Refunds. Refund checks will be issued promptly, but no later than 30 days after:

a. Resolution of the request, or

b. Return of all company equipment to the cable operator if service is terminated.

4. Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

D. Definitions

1. NORMAL BUSINESS HOURS means the term "normal business hours" are those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.

2. NORMAL OPERATING CONDITIONS means the term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to: natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to: special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

3. SERVICE INTERRUPTION means the term "service interruption" is the loss of picture or sound on one or more cable channels.

This section does not preclude the County from requiring more stringent customer service standards in franchise agreements.

[Codified by Ord. 05-2000, 7/13/00]

10.02.060 Consumer Protections

A. The County reserves the right to enforce customer service and consumer protection standards as such standards are established by State or Federal law or regulation as applicable to cable system operations. In addition the County reserves the right to establish additional specific customer service and consumer protection standards and procedures to the extent permitted by applicable law.

B. Negative Option Marketing: Franchisee shall not engage in "negative option" marketing, prohibited by State or Federal Law or regulation.

C. Billing Credit for Service Interruptions: Franchisee shall make provision for subscriber credit for service interruptions or poor watchable cable reception, as per written company policy filed in the County Cable Office.

[Codified by Ord. 05-2000, 7/13/00]

10.02.070 Compensation for Franchise

A. Franchise Fee

1. As compensation for the franchise to be granted, and in consideration of permission to use the streets and public ways of the County for the construction, operation, and maintenance of a cable communications system within the franchise area and to defray the costs of franchise regulation, the cable operator shall pay to the County five percent (5%) of the gross receipts generated through the operation of the cable system in the area franchised by Clackamas County, as permitted by Federal law.

2. In the event Federal law limits franchise fees below the five percent (5%) of gross receipts required herein, the Franchisee shall pay the maximum permissible amount and, if such law or valid rule or regulation is later repealed or amended to allow a higher permissible amount, the Franchisee shall pay the higher amount up to the maximum allowable by Federal law.

B. Payment of Franchise Fees

1. Payments due under this provision shall be computed and paid quarterly, for the preceding quarter, as of March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than forty-five (45) days after the dates listed in the previous sentence. A quarterly report shall be made as hereinafter provided which shall contain the relevant facts necessary for the County to verify the amounts of franchise fee payments.

2. No acceptance of any payment shall be construed as accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim, the County may have further or additional sums payable under the provisions of the franchise. All amounts paid shall be subject to audit and re-computation by the County, not to exceed three (3) years from date of payment.

[Codified by Ord. 05-2000, 7/13/00]

10.02.080 Intergovernmental Agreements

The Board of County Commissioners may enter into intergovernmental agreements as authorized by Oregon law, with any other jurisdiction to provide for the cooperative regulation and control of any aspect of a cable communications system. Such agreements may provide for the delegation of any and all powers of the BCC to an entity provided for in the intergovernmental agreement, except for the powers to enter into or revoke a franchise agreement.

[Codified by Ord. 05-2000, 7/13/00]

10.02.090 Violation, Penalties, and Remedies

A. Violation and Penalties: Any violation of the terms of this chapter is punishable by a fine in an amount set by resolution of the Board of County Commissioners.

B. Injunctive Relief: Upon authorization by the Board of County Commissioners, the County may commence an action in the Circuit Court or other appropriate court to enjoin the continued violation of any provision of this chapter.

C. Violation by a franchisee of any provision of a franchise granted pursuant to this chapter is:

1. Subject to the enforcement provisions of the franchise;

2. Punishable by fines set forth above; and

3. Subject to injunctive relief as set forth above.

D. Cumulative Remedies: The rights, remedies and penalties provided in this section are cumulative and not mutually exclusive and are in addition to any other rights, remedies and penalties available to the County under any other Ordinance or law.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03]

10.02.100 New and Existing Agreements

A. This chapter shall govern all new applications, transfers and renewal requests for franchises.

B. Terms and conditions in existing franchise permit agreements are not amended with the exception of 10.02.050, Customer Service; 10.02.060, Consumer Protection, 10.02.070, Compensation for Franchise, and 10.02.080, Intergovernmental Agreements.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 10.03: SOLID WASTE AND WASTES MANAGEMENT

10.03.010 Coverage Of Chapter

This chapter shall govern the collection, storage, transportation, and disposal of all solid waste and wastes. It shall also govern recycling, resource recovery, reuse and utilization of solid waste and wastes by franchisees and permittees. It shall govern solid waste management. It creates a program by which persons can be lawfully franchised to collect solid waste and wastes or operate a Disposal Site or Transfer Station, and which provides for franchisees or permittees to engage in recycling, resource recovery, or utilization of solid waste and wastes. No person shall collect solid waste or wastes or recyclable materials or operate a Disposal Site or Transfer Station for compensation or engage in recycling, resource recovery, or utilization of solid waste and wastes or recyclable materials except as provided for by this chapter or the Recycling License chapter.

[Codified by Ord. 05-2000, 7/13/00]

10.03.020 Purpose and Policy

A. To protect the health, safety, and welfare of the people of Clackamas County and to provide a coordinated program on accumulation, collection, and disposal of solid waste and wastes and recyclable materials, it is declared to be the policy of Clackamas County to regulate the accumulation, collection, and disposal of solid waste and wastes; the recycling resource recovery and utilization of recyclable materials; and the creation and operation of disposal sites and transfer stations to:

1. Provide for safe and sanitary accumulation, storage, collection, transportation, and disposal of solid waste and wastes and recyclable materials. To accomplish this and other purposes of this chapter, it is the policy of the County and the intent of this chapter that all solid waste and wastes, including materials involved in recycling, resource recovery, reuse and utilization, be collected and transported by those persons holding a collection franchise under this chapter, or by their subcontractors under 10.03.30 A (59) of this chapter, or by those organizations or corporations holding a permit under this chapter, or by a licensee holding a license under the Recycling License Chapter.

2. Provide for a coordinated solid waste and wastes and recycling collection and disposal program with cities within Clackamas County so as to benefit all citizens of the County.

3. Provide the opportunity to recycle for every person in Clackamas County.

4. Provide for a recycling education, promotion and notification program on the reasons for recycling, recycling awareness and how to recycle.

5. Promote application of recycling systems by preventing or reducing at the source, materials which otherwise would constitute solid waste, thereby preserving and enhancing the quality of air, water and land resources.

6. Reduce the amount of solid waste generated; to reuse material for the purpose for which it was originally intended; and to recycle material that cannot be reused.

7. Provide a coordinated countywide program of control of solid waste and wastes and recyclable materials in cooperation with city, regional, state, and federal programs.

8. Provide for, and encourage research, studies, surveys, and demonstration projects on developing more sanitary, efficient and economical solid waste and wastes and recyclable materials collection and disposal systems and programs.

9. Develop a long-range plan to provide adequate disposal sites and disposal facilities to meet future demands.

10. Provide for cooperation and agreements between Clackamas County and other counties involving joint or regional franchising, licensing or permitting of solid waste and wastes disposal; provide for recycling, resource recovery, or utilization of recyclable and solid waste or wastes; and provide for recycling and solid waste and wastes management.

11. Reduce use of highways and roads and encourage highway safety by reducing unnecessary traffic in connection with solid waste and wastes and recyclables in order to encourage economic and efficient collection of same and to reduce wasteful use of fuel, equipment and capital by providing a franchised, licensed and/or permitted collection system.

12. Prohibit the accumulation of solid waste and wastes on private property when such accumulation creates a public nuisance, a health or safety hazard, or a condition of unsightliness and to provide for abatement of the same.

13. Prevent theft or vandalism of source-separated recyclable materials in order to preserve the economic viability of collection, transportation, disposal, storage or utilization of recyclables.

14. Prevent the unauthorized collection, transportation, disposal, storage, reuse or utilization of solid waste or wastes or recyclables.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 04-2019, 6/11/19]

10.03.030 Definitions

A. For the purpose of this chapter, words used in the present tense include the future; the singular number, includes the plural; the word "shall" is mandatory and not directory; and the term "this chapter" shall be deemed to include all amendments hereafter made to this chapter. The definitions applicable to this chapter are:

1. BOARD means Board of County Commissioners for Clackamas County.

2. BUSINESS: any entity of one or more persons, corporate or otherwise, engaged in commercial, professional, charitable, political, industrial, educational, or other activity that is non-residential in nature, including public bodies.

3. CERTIFICATE means permission granted in writing by the Director to operate a Compactor/Train Waste Management System at a multi-family development subject to the criteria to establish said system as required by this chapter.

4. COLLECTION SERVICE means the collection, transportation, storage, or disposal, of solid waste or wastes for compensation, solid waste management and utilization as defined in this chapter, and reuse or recycling of recyclable materials.

5. COLLECTION SERVICE FRANCHISE means the Franchise issued for collection service.

6. COLLECTION SERVICE FRANCHISEE means the person to whom a Collection Service Franchise is granted by the Board.

7. COLLECTION VEHICLE means any vehicle used to collect or transport solid waste or wastes or recyclables.

8. COMMISSION means the solid waste and wastes Disposal Commission established by this chapter hereinafter referred to as the solid waste Commission.

9. COMPACTOR means any self-contained, power-driven, mechanical equipment designed for the containment and compaction of solid waste or wastes or recyclable materials.

10. COMPENSATION includes any type of consideration paid for service including, but not limited to, rent, the sale of recyclable materials, and any other direct or indirect provisions for payment of money, goods, or benefits by tenants, members, licensees, or similar persons. It shall also include any exchange of services, including the hauling of solid waste and wastes. Compensation includes the flow of consideration from the person owning or possessing the solid waste or wastes to the person collecting, storing, transporting, or disposing of solid waste or wastes.

11. COMPOST means the end product resulting from composting, commonly known as humus or soil amendments.

12. COMPOSTING means a controlled biological decay of organic waste where moisture, heat, bacteria, earthworms and microorganisms found in nature transforms the organic waste into compost in a manner which does not create offensive odors, a health or safety hazard, or a condition of unsightliness.

13. CONTAINER means a receptacle, one (1) cubic yard or larger in size, used to store solid waste or wastes or recyclable material, but not a drop box or compactor.

14. COUNTY ROAD means shall mean a public road under the jurisdiction of Clackamas County that has been designated as a County road pursuant to ORS 368.016.

15. CURBSIDE or ROADSIDE means a location within three (3) feet of a County Road, Public Access Road, State Road or Federal Road. This does not allow the garbage or recycling receptacle to be placed on the inside of a fence or enclosure even if the receptacle is within three (3) feet has said road or roads. For residences on "Flag Lots", private roads, or driveways, "Curbside or Roadside" shall be the point where the private road or driveway intersects a County Road, Public Access Road, State Road or Federal Road.

16. DEPARTMENT means the State of Oregon Department of Environmental Quality, cited as D.E.Q.

17. DIRECTOR means the Director of the Department of Transportation and Development of Clackamas County, or their authorized representative.

18. DISPOSE OR DISPOSAL includes accumulations, storage, collection, transportation and disposal of solid waste and wastes or recyclable materials.

19. DISPOSAL FRANCHISE means a franchise to create or maintain a disposal site.

20. DISPOSAL SITE means any land and facilities used for the disposal, handling or transfer of, or resource recovery from, solid waste and wastes including but not limited to dumps, landfills, sanitary landfills and composting plants, but does not include a landfill site which is not used by the public either directly or through a service and which is used by the owner or tenant thereof to dispose of soil, rock, or nonputrescible industrial waste products resulting from the process of manufacturing.

21. DROP BOX means a single container designed for the storage and collection of large volumes of solid waste or wastes or recyclable materials, which is usually ten (10) cubic yards or larger in size, and provides for transportation of large volumes of solid waste or wastes or recyclable materials and is transported to a disposal site for transfer, land-filling, recycling, materials recovery or utilization and then emptied, and returned to either its original location or some other location.

22. EQC means the Environmental Quality Commission of Oregon, cited as EQC.

23. ENERGY RECOVERY means recovery of all energy forms from any part of solid waste or wastes materials.

24. EXCHANGE means a mutual act of giving or taking of one item or service for another. This includes any transaction into which money enters either as the consideration or as a basis of measure.

25. FAIR MARKET VALUE means the cash price (or its equivalent in terms of savings on collection and disposal fees) that is at least equal to the cost of collection and disposal of a recyclable material or group of recyclable materials, that would be purchased or exchanged between the collector of said recyclable material or group of recyclable materials and the generator of said recyclable material or group of recyclable materials. Collection includes type, frequency, condition and extent of collection service, together with education and promotion for said service.

26. FAIR MARKET VALUE EXEMPTION means the exemption set forth under ORS 459A.075 wherein a source-separated recyclable material must be purchased from the generator, or exchanged between the generator and the franchisee or licensee with a resulting measurable savings in solid waste collection or disposal cost to the generator, in order to qualify for the exemption.

27. FOOD WASTE is solid waste generated from the distribution, storage, preparation, cooking, handling, selling or serving of food for human consumption. Food waste includes but is not limited to excess, spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits, shells, bones, rinds, and peels. Food waste does not include liquids or large amounts of oils and meats which are collected for rendering, fuel production or other non-disposal applications, or any food fit for human consumption that has been set aside, stored properly and is accepted for donation by a charitable organization or any food collected to feed animals in compliance with applicable regulations.

28. FRANCHISE means a franchise granting the right and responsibility to provide collection service, a disposal site, or a transfer station pursuant to Section 10.03.140 of this chapter.

29. HEALTH OFFICER shall mean the Health Officer of Clackamas County or their duly authorized representative.

30. HAZARDOUS WASTE means solid waste or wastes that may, by itself or in combination with other waste, be infectious, explosive, poisonous, caustic, toxic, or otherwise dangerous or injurious to human, plant or animal life.

31. INCINERATOR means a combustion device specifically designed for the reduction by burning of solid, semi-solid or liquid combustible wastes.

32. INFECTIOUS WASTE means biological waste including medical waste described as:

a. Blood and blood products, excretions, exudates, secretions, suctioning and other body fluids that cannot be directly discarded into a municipal sewer system, including solid or liquid waste from renal dialysis and waste materials reasonably contaminated with blood or body fluids.

b. Cultures and stocks of etiologic agents and associated biologicals, including specimen cultures and disks and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals and serums and discarded live and attenuated vaccines; but does not include throat or urine cultures.

c. Sharps that have been removed from their original sterile containers, including needles, I.V. tubing with needles attached, scalpel blades, lancets, glass tubes that could be broken during handling, and syringes.

d. Pathological waste, including biopsy materials and all human tissues, anatomical parts that emanate from surgery, obstetrical procedures, autopsy and laboratory procedures and animal carcasses exposed to pathogens in research, the bedding of the animals and other waste from such animals. Pathological waste does not include formaldehyde or other preservative agents.

33. INOPERABLE VEHICLE for the purpose of the Nuisance Abatement provisions of this chapter, shall mean a vehicle designed for use on a public highway which has been left on public or private property thirty (30) days or more and is not currently licensed, or not in operating condition, or which has been extensively damaged, vandalized or stripped, including, but not limited to, missing wheels, tires, motor or transmission. An inoperable vehicle shall not mean an unlicensed operable vehicle or vehicles, which are used on private property for the production, propagation or harvesting of agricultural products grown or raised on such lands.

34. LANDFILL means a disposal site operated by means of compacting and covering solid waste or wastes at specific designated intervals, but not each operating day.

35. LICENSE means permission granted (pursuant to the Recycling License Chapter) by the Director to a person to engage in a business or occupation or in an activity, which would otherwise be unlawful, for the purpose of providing recycling services which include collection, storage, reuse and utilization of recyclable materials.

36. MATERIAL RECOVERY means any process of obtaining from solid waste materials that still have useful physical or chemical properties and can be reused or recycled.

37. METROPOLITAN SERVICE DISTRICT (METRO) means a district organized under ORS Chapter 268 and exercising solid waste authority granted to such district under ORS Chapters 268, 459 and 459A.

38. NON-PROFIT CIVIC COMMUNITY, BENEVOLENT, OR CHARITABLE CORPORATION OR ORGANIZATION means a Corporation or organization whose purpose is civic, community, benevolent, or charitable in nature, which distributes no part of its income to its members, directors or officers and which is not organized for purposes of profit, nor for the purpose of solid waste or wastes collection service. This may include but not be limited to churches, private or public schools, Boy Scouts, United Way, Lions and Kiwanis clubs or similar non-profit corporations or organizations.

39. NON-PUTRESCIBLE MATERIALS for purposes of this chapter shall include, but not be limited to, inoperable vehicles; vehicle parts; tires; residential, commercial and industrial appliances, equipment and furniture; scrap metal; residential, commercial and industrial building demolition or construction waste; plastic; glass; cardboard; and wastepaper.

40. NUISANCE means the unlawful use by a person of real or personal property contrary to the terms of this chapter.

41. ON-ROUTE COLLECTION means the pickup of source-separated recyclable materials from the generator at the place of generation.

42. OPERABLE VEHICLE means a vehicle that is currently licensed and in operating condition to be used on a public road or highway.

43. ORGANIC WASTE includes but is not limited to yard debris, dust, wood, sod, manure, agricultural and fruit and vegetable waste, and paper recyclable material which are generally a source of food for bacteria.

44. PERMIT means permission granted in writing by the Director to a non-profit organization or corporation that shall contain conditions for the collection of recyclable materials.

45. PERSON means, and includes: individuals, members, corporations, cooperatives, associations, firms, partnerships, joint stock companies, trusts and estates, municipalities, and any other legal entities whatsoever.

46. PUBLIC ACCESS ROAD shall mean any public road under the jurisdiction of Clackamas County which is not a County Road, State Highway, Federal Road, or road within the corporate limits of any city.

47. PURCHASE means the legal transmission of property from one person to another through a voluntary act or agreement, with compensation in the form of money paid or to be paid, by a buyer to a seller of the property.

48. PUTRESCIBLE MATERIAL means solid waste or wastes, including: bones; meat and meat scraps; fat; grease; fish and fish scraps; food containers or products contaminated with food wastes, particles or residues; prepared vegetable and fruit food wastes or scraps; manure; feces; sewer sludge; dead animals or similar wastes which cause offensive odor or create a health hazard, or which are capable of attracting or providing food for potential disease carriers, such as birds, rodents, flies and other vectors.

49. RECEPTACLE means a can, cart, container, drop box, compactor, recycling bin, or any other means of containment of solid waste or wastes or recyclable materials.

50. RECYCLING means the process by which waste materials are transformed into new products in such a manner that the original products lose their identity. It shall also include the collection, transportation or storage of products by other than the original user or consumer, giving rise to the product being in the stream of commerce for collection, disposal, recycling, resource recovery or utilization.

51. RECYCLING DEPOT means a center, depot, drop box, or other place for receiving source-separated recyclable materials with or without compensation. This shall not include a salvage, junk or auto wrecking yard.

52. RECYCLABLE MATERIAL means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same materials.

a. Residential - A group of recyclable materials as designated from time to time by the Department of Environmental Quality or the County.

c. Commercial/Industrial - Recyclable materials that are purchased or exchanged for fair market value from commercial or industrial sources.

d. Exemption - An inoperable vehicle commonly designed of ferrous metals is not included as a recyclable material.

53. REGULATIONS mean regulations promulgated by the Board or Director pursuant to this chapter.

54. RESOURCE RECOVERY means any process of obtaining from solid waste and wastes, materials which still have useful physical or chemical properties after serving a specific purpose, and therefore can be reused or recycled for the same or other purpose.

55. REUSE means the return of a commodity into the economic stream for use in the same or similar kind of application as before, without change in its identity.

56. SERVICE means the collection, transportation storage, disposal, solid waste management and utilization by a private company of solid waste or wastes or recyclable materials for compensation.

57. SERVICE AREA means the geographical area, in which service, other than operation of a disposal site is provided.

58. SIGHT OBSCURING SCREEN means a structure or partition which is a minimum of six (6) feet in height, built for the purpose of separating properties, or uses, and arranged in such a way as to obscure normal human vision.

59. SOLID WASTE OR WASTES shall include all putrescible and non-putrescible waste, including but not limited to, garbage; compost; organic waste; yard debris; brush and branches; land-clearing debris; sewer sludge; residential, commercial and industrial building demolition or construction waste; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; special vehicles and equipment that are immobile and/or inoperable, mobile homes or trailer houses which are dilapidated, partially dismantled or fire damaged; manure; feces; vegetable or animal solid and semi-solid waste and dead animals; and infectious waste. Waste shall mean useless, unwanted or discarded materials. The fact that materials which would otherwise come within the definition of solid waste may, from time to time, have value and thus be utilized shall not remove them from the definition. The terms solid waste or wastes do not include:

a. Environmentally hazardous wastes as defined in ORS Chapter 466.

b. Materials used for fertilizer or for other productive purposes on land in agricultural operations in the growing and harvesting of crops or the raising of fowl or animals. This exception does not apply to the keeping of animals on land which has been zoned for residential non-agricultural purposes.

c. Septic tank and cesspool pumping or chemical toilet waste;

d. For purposes of Section 10.03.140 to 10.03.330 of this chapter, reusable beverage containers as defined in ORS 459A.

e. Source-separated, principal recyclable materials as defined in ORS 459A and the rules promulgated thereunder and under this chapter, which have been purchased or exchanged for fair market value, unless said principal recyclable materials create a public nuisance pursuant to Section 10.03.060 to 10.03.080 of this chapter.

f. Applications of industrial sludge or industrial waste by-products authorized through a Land Use Compatibility Statement or Management Plan approval and that have been applied to agricultural lands according to accepted agronomic practices or accepted method approved by the Land Use Compatibility Statement or Management Plan, but not to exceed 100 dry tons per acre annually.

g. Stabilized municipal sewage sludge applied for accepted beneficial uses on land in agricultural, non-agricultural, or silvicultural operations. Sludge derived products applied for beneficial uses on land in landscaping projects.

60. SOLID WASTE AND WASTES MANAGEMENT means the management of the accumulation, storage, collection, transportation, treatment, processing and final disposal or utilization of solid waste and wastes or resource recovery from solid waste, and facilities necessary or convenient to those activities. The Collection Franchisee may contract with another person to provide service of any type under the Franchisee's Collection Service Franchise, but the Collection Franchisee shall remain ultimately responsible for solid waste and wastes management in the Collection Franchisee's franchised area.

61. SOLID WASTE STREAM means the total flow of solid waste and wastes and recyclable materials from residential, institutional, commercial, agricultural, construction and industrial generators to disposal and utilization facilities.

62. SOURCE-SEPARATED MATERIALS means that the person who last uses recyclable material separates the recyclable material from other solid waste.

63. SPECIAL VEHICLE OR EQUIPMENT for purposes of this chapter, shall include, but not be limited to, a travel or camp trailer, motor home, boat, recreational vehicle, tractor or farm implement, utility trailer, stock trailer, semi-trailer, motorcycle, snowmobile or any other equipment or mechanism designed to serve a special purpose or perform a special function.

64. SUBCONTRACT means a written contract for the performance of all or a portion of Franchised Collection Service.

65. TRANSFER STATIONS means a fixed or mobile facility normally used as an adjunct of a solid waste management system between a collection route and disposal site including, but not limited to, a stationary compaction drop box facility, processing center, railroad gondola, barge or facility that accepts solid waste or wastes for the purpose of removing the solid waste or wastes to a disposal site or utilization center.

66. TRANSFER STATION FRANCHISE means a Franchise to create or maintain a transfer station.

67. URBAN GROWTH BOUNDARY means that boundary adopted by the Metropolitan Service District pursuant to ORS 268.390.

68. UTILIZATION, and the terms utilize, utilization, or utilization of solid waste or wastes shall mean productive use through recycling, reuse, salvage, resource recovery, energy recovery, or land filling for reclamation, habitation, or rehabilitation of land.

69. WASTE REDUCTION means the reduction of solid waste, or of wastes generated, or of wastes that would otherwise be land filled.

70. WASTESHED means an area of the State having a common solid waste Disposal System, as designated by the Environmental Quality Commission, as an appropriate area of the State within which to develop a common waste reduction program.

71. WASTESHED AGENT means a person identified as the representative for the wasteshed to act as a contact between the affected persons in a wasteshed and the Department of Environmental Quality (D.E.Q.) and METRO in matters relating to waste reduction and to the D.E.Q. Recycling Report.

72. YARD DEBRIS means grass clippings, leaves, tree and shrub pruning of no greater than four (4) inches in diameter, or similar yard and garden vegetation. Yard debris does not include dirt, sod, stumps, logs, tree and shrub pruning greater than four (4) inches in diameter, or rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes or non-putrescible material.

73. YARD DEBRIS PROCESSING CENTER means a facility which processes yard debris into compost or other products, through controlled mechanical and/or biological means.

[Codified by Ord. 05-2000, 7/13/00; Subsection 2 added and subsection 61 amended by Ord. 04-2009, 7/9/09; Amended by Ord. 04-2019, 6/11/19; Amended by Ord. 03-2022, 7/21/22]

10.03.040 Administration

The Director, under the supervision of the Board, shall be responsible for the administration and enforcement of this chapter. In order to carry out the duties imposed by this chapter, the Director shall have authority to administer oaths, certify to all official acts, subpoena and require the attendance of witnesses at public hearings before the Commission or the Board; require production of relevant documents at public hearings; swear in witnesses; take testimony of any person by deposition; enter or authorize personnel to enter upon the premises of any person regulated by this chapter at reasonable times to determine compliance with this chapter and with the regulations promulgated by the Board pursuant thereto. [Codified by Ord. 05-2000, 7/13/00]

10.03.050 Persons and Agencies Exempted

A. Except as specifically provided by Section 10.03.060 to 10.03.080, this chapter shall not apply to:

1. areas within the incorporated limits of any city, or to Federal or State agencies, unless said city or agency enters into an intergovernmental agreement with the County for solid waste and wastes management services under this chapter; or

2. Those who contract with such agencies as to the terms or rates to be charged for the collection, storage, transportation, disposal or utilization of solid waste or wastes. This exemption shall not apply to a disposal site or transfer station operated by a franchise holder under this chapter.

3. Those persons who hold a valid, waste tire storage or carrier permit pursuant to OAR Chapter 340. Such persons shall not be regulated by Section 10.03.330 of this chapter.

[Codified by Ord. 05-2000, 7/13/00]

10.03.060 Solid Waste or Wastes Accumulation Prohibited

A. Except as provided in subsection D of this Section, no person shall store, collect, maintain, or display on private property, solid waste or wastes or recyclable material that is offensive or hazardous to the health and safety of the public, or which creates offensive odors, or a condition of unsightliness. Storage, collection, maintenance, or display of solid waste or wastes in violation of this Section shall be considered to be a public nuisance which may be abated as provided in 10.03.070 of this chapter.

B. In addition to the provisions of subsection A, the following conditions or actions are also specifically identified as creating a public nuisance under this chapter:

1. Placing a tarp, plastic, cloth, or similar screening apparatus over or around solid waste or wastes for purposes of keeping it out of sight from the road or surrounding properties.

2. Placing a tarp, plastic, cloth, or similar screening apparatus over or around solid waste or wastes that is stored in a utility trailer, pickup truck, semi-trailer or similar device for purposes of keeping it out of sight from the road or surrounding properties.

3. Constructing a tire fence for any purpose.

4. Storing waste tires except as permitted pursuant to OAR Chapter 340.

5. Storing putrescible waste, whether it is visible or not visible from the road or adjacent properties, that is not kept in a rodent proof container with a tight fitting lid, and not removed from the property to an authorized disposal facility within seven (7) days.

6. Composting which causes offensive odors, or creates a health hazard, or which is capable of attracting or providing food for potential disease carriers such as birds, rodents, flies and other vectors.

7. Storing, collecting, maintaining, or displaying any licensed or unlicensed special vehicle or equipment that is immobile, inoperable, partially dismantled or dismantled, dilapidated, or fire damaged and is visible from the road or surrounding properties.

8. Storing, collecting, maintaining, or displaying a mobile home or trailer house, which is dilapidated or partially dismantled, or fire damaged, and is visible from the road or surrounding properties.

9. Storing, collecting, maintaining or displaying: residential, commercial and industrial appliances, equipment and furniture; vehicle parts; tires; scrap metal, or any other useless, unwanted or discarded material, or other similar non-putrescible solid waste or wastes, that is visible from the road or surrounding properties.

10. Storing, collecting, maintaining or displaying any antique, classic, race car or collectible vehicle that is inoperable and is visible from the road or surrounding properties.

11. Storing any inoperable vehicle or vehicles unless said vehicle or vehicles are housed within a permitted structure or development, except up to two vehicles per premise may be stored behind a sight-obscuring screen, in accordance with 10.03.060 C, and shall not be visible from the road or surrounding properties. For purposes of this Subsection 11, two or more contiguous tax lots that are under common ownership shall be considered one premises.

12. When commercial, industrial, multi-family or residential developments that use a compactor or compactors for on-site waste management, do not keep the areas around the compactor free of solid waste and debris, and washed down on a regular basis.

C. Any sight obscuring screen used to abate a solid waste nuisance shall consist of one of the following options:

1. Construct a wood fence unpainted or painted with neutral or earth tone colors of which the upright posts shall consist of a decay resistive material a minimum of four (4) inches in diameter and anchored a minimum of two (2) feet below ground level. There shall be a maximum post separation of eight (8) feet. The railings shall be a minimum of 2-inch by 4-inch lumber with the 4-inch side attached vertically to the posts. The attached vertical or horizontal fence boards shall be set with a maximum separation of 1/4 inch.

2. Construct a metal fence consisting of chain link or woven fabric with metal upright posts anchored a minimum of two (2) feet below ground level with metal railings and connectors. Water and insect resistive wood or plastic slats shall be inserted in the chain link or woven fabric, with a maximum separation of 3/8 inch between slats.

3. Construct a combination fence consisting of metal sheeting attached to wood framing as defined in Section C 1 above, or durable metal framing, which is painted a neutral or earth tone color.

4. Construct a wall consisting of solid material, built of concrete, masonry, brick, stone or other similar materials or combinations thereof.

5. Construct an earthen berm consisting of dirt, soil, sand, clay or any combination thereof and shall be planted with grass and/or ornamental plantings and shall be maintained at all times.

6. Plant a hedge consisting of evergreen plantings or other ornamental plantings a minimum of six (6) feet in height, planted not more than two (2) feet on center and which is maintained at all times.

In addition to the minimum fencing requirements, wood, metal, masonry fences or combination thereof greater than six (6) feet in height are subject to County review pursuant to the Oregon State Uniform Building Code, and all earthen berms are subject to County review pursuant to the County's Grading and Excavation Chapter.

For purposes of this chapter, no sight obscuring screen shall be located, placed, constructed or installed contrary to the Clackamas County Zoning and Development Ordinance.

D. 10.03.060 to 10.03.080 of this chapter do not apply to:

1. Areas within the limits of incorporated cities unless a city enters into an Intergovernmental Agreement with the County for solid waste and wastes management services under this chapter.

2. Disposal sites and transfer stations franchised under provisions of 10.03.180 to 10.03.210 of this chapter, provided that such disposal sites and transfer stations comply with rules promulgated by any State agency under ORS Chapter 459 and regulations adopted by Clackamas County pursuant to this chapter.

[Codified by Ord. 05-2000, 7/13/00]

10.03.070 Abatement of Nuisance

A. The Director, which by definition includes an authorized representative, upon the written or oral complaint of any person, may make an investigation to determine whether or not storage, collection, maintenance, display or illegal dumping of solid waste or wastes is in violation of 10.03.060 or 10.03.080 of this chapter of if any person is in violation of 10.03.145 or 10.03.147. For the purpose of such investigation the Director may enter upon private property at reasonable times to determine compliance.

B. If, after investigation, the Director finds that a nuisance does exist as defined by 10.03.060 or 10.03.080 of this chapter, a notice shall be mailed to the property owner and/or person in possession by regular mail, giving them not less than ten (10) days to abate the nuisance. The notice to abate shall contain:

1. A description of the property by tax lot number and/or address.

2. The length of time in days that the property owner and/or person in possession has to abate the nuisance, from the receipt of the notice to abate.

3. A description of the nuisance to be abated.

4. A statement that unless the nuisance is abated by the property owner and/or person in possession within the given length of time, the County will cause the nuisance to be abated.

5. That the costs of the nuisance abatement and/or civil penalties shall be collected from the owner and/or person in possession of the property, and may be made a lien against the property.

C. If the owner and/or person in possession of the property does not remove the solid waste or wastes so that no nuisance exists within the time specified by the Director pursuant to subsection B of this Section, the Director shall:

1. Order the violation referred to the Compliance Hearings Officer pursuant to the Compliance Hearings Officer Chapter and the rules and regulations promulgated thereunder for abatement of the nuisance, which may result in the imposition and collection of a civil penalty for the violation and/or costs of the nuisance abatement, and which if not paid, may be made a lien against the property; or

2. Order County Counsel to institute injunction, mandamus, or abatement proceedings which may result in a court order and the imposition and collection of a' civil penalty for the violation; or

3. Order a notice to be issued and served upon the owner of the property and the occupant of the property where the nuisance is alleged to be maintained, requiring the owner and/or person-in-possession occupant to appear before the Board at a time and place named in the notice, to show cause why a nuisance should not be declared to exist. The time for appearance shall not be less than ten (10) days after the service of the notice. The notice shall be served in the manner provided by law for the service of Summons. At the time and place fixed in the notice issued by the Board, the Board shall hold a hearing on the question of the existence of the nuisance and shall have power to subpoena witnesses to compel their attendance. If, after the hearing, the Board finds that a nuisance exists, it shall declare the existence of a nuisance by Order entered in its Journal, and shall order the nuisance abated within thirty (30) days after the entry of the Order.

If the owner and/or person in possession of the property fails to abate the nuisance within thirty (30) days after the entry of the Order of the Board, the Board may direct the County Counsel's Office of Clackamas County to institute suit in the name of Clackamas County for the abatement of the nuisance or the Board may direct the Director or their representative to cause the nuisance to be abated by removing from the subject property the solid waste or wastes found to be the cause of such nuisance.

D. In an emergency, the Director may order summary abatement of a nuisance. For purposes of this section, an emergency exists when the Director has reasonable cause to believe that a nuisance constitutes an immediate danger to the public health, safety and welfare. The Director shall not be required to give notice as set forth in subsection B of this section before proceeding with summary abatement. If the Director elects to proceed with summary abatement without prior notice to the owner, then notice of the action taken for abatement shall be sent to the owner immediately after it has been accomplished. When summary abatement of the nuisance is ordered, the nuisance shall be abated by the County's own forces, or forces contracted by the County.

E. If either the Board or the Compliance Hearings Officer declares that a nuisance exists and the owner and/or person in possession does not remove the solid waste or wastes within the time specified, then the removal from the subject property of the solid waste or wastes found to be the cause of the nuisance may be done by the County, by contract or the utilization of County personnel and County equipment.

1. Where the Director determines that said removal would not be best accomplished by County personnel and County equipment, s/he shall (unless public bidding is otherwise required) contact the franchised collector of the area where the nuisance exists, providing said collector has the available equipment and personnel to remove the type of solid waste or wastes that was found to be the cause of the nuisance. The collector shall be given the option of removing the nuisance or refusing the job. If the collector accepts the job, they shall charge their approved hourly rate for cleanups. If the collector refuses the job, or does not have the available equipment or personnel, the Director may contract with another person to abate the nuisance. The Director shall keep an accurate record of expenses incurred by the County in abating the nuisance and shall submit a copy of this record to the County Clerk for filing.

2. After the removal of the solid waste or wastes by the County, the Director shall forward to the property owner and the person in possession by registered or certified mail, a notice stating:

a. The total cost of the nuisance abatement.

b. That the cost as indicated will be assessed to, and become a lien against, the property unless paid within thirty (30) days from the date of the notice.

c. That, if the owner or the person in possession of the property objects to the cost of the abatement as indicated, they may file a written notice of objection with the County Clerk not more than ten (10) days from the date of the notice.

3. If within ten (10) days the written statement of objection as provided for in 2 C of this section is filed, the Board or the Compliance Hearings Officer, whichever has declared the nuisance, shall in its regular course of business herein determine the objections to the cost to be assessed. If the nuisance has been summarily abated, the Compliance Hearings Officer shall determine any objections to the costs to be assessed, or challenges to the need for summary abatement, and the County shall have the burden of proving by a preponderance of the evidence that a nuisance existed, and that the manner and costs of abatement were reasonable.

4. If the costs of the abatement are not paid within thirty (30) days from the date of notice, or from the date of the determination by the Board or Compliance Hearings Officer of the cost to be assessed pursuant to a written statement of objection, an assessment of the costs as stated or as determined by the Board or Compliance Hearings Officer shall be made. An assessment of costs by the Board shall thereupon be entered in the docket of County Liens, and upon such entry being made, shall constitute a lien on the property from which the nuisance was removed and abated. The lien shall be enforced in the same manner as liens for street improvements are enforced, and shall bear interest at the legal rate established by State statutes for judgments from the date of entry of the lien in the Lien Docket. An error in the name of the property owner or person in possession shall not void the lien, nor will failure to receive the notice of the proposed lien render the lien void. An assessment of costs by the Compliance Hearings Officer may be collected in the same manner as any other debt allowed by law.

5. Where the nuisance is abated by the removal of the nuisance by the County, the County and its officers and employees shall not be liable for any trespass or conversion as to any real or personal property.

F. The provisions of this Section are in addition to, and not in lieu of, the penalty and enforcement procedures provided for in Section 10.03.390 and Section 10.03.400 of this chapter.

[Codified by Ord. 05-2000, 7/13/00; Subsection B amended by Ord. 04-2009, 7/9/09; Subsection A amended by Ord. 04-2019, 6/11/19; Amended by Ord. 03-2022, 7/21/22]

10.03.080 Unauthorized Dumping Prohibited

A. Except as provided in subsection C of this Section, it shall be unlawful to dispose of solid waste or wastes at any other place other than a disposal site approved by the Board, DEQ, or the Metropolitan Service District. The Board will, upon recommendation of the Commission, designate in writing the places at which solid waste and wastes collected in the County shall be disposed of.

B. No person shall use, or permit to be used, any land within unincorporated areas of the County as a public or private disposal site, unless recommended by the Commission and approved by the Board.

C. Persons desiring to bury or dispose in any manner of their own, domestic solid waste or wastes generated on that subject property under their ownership, may do so in accordance with rules promulgated pursuant to ORS Chapter 459 and 459A and regulations promulgated by the Director pursuant to this chapter, provided that:

1. The subject property is located outside the urban growth boundary;

2. The subject property is a minimum of five (5) acres in size;

3. The solid waste or wastes is buried at least one hundred (100) feet from the nearest well;

4. The solid waste or wastes is buried at least one hundred (100) feet from adjacent property lines, except property lines between contiguous tax lots under common ownership;

5. The solid waste or wastes is not buried within one hundred (100) feet of a jurisdictional wetland, natural or manmade drainage way, creek, stream, river, pond or lake; and

6. The solid waste or wastes shall not fall within the DEQ definition of special or hazardous waste given the term in ORS Chapter 466.005; household hazardous waste as defined in ORS Chapter 459.005; or infectious waste as defined in ORS Chapter 459.386.

D. If any person uses a motor vehicle or other type of device that is so identified in the transport and illegal dumping of solid waste or wastes in any area of the unincorporated limits of the County, said identified motor vehicle or device shall be subject to impoundment by order of the Board. Such identified motor vehicle or device, if so impounded, shall be placed in storage and remain in custody of such persons authorized to receive the same, and be held as security in addition to any such fine or costs that may be assessed to further secure the clean-up and removal cost of any such solid waste and wastes so unlawfully deposited in violation of this chapter. In addition to the right of impoundment as provided in the preceding paragraph, if the violator, owner, or operator of said identified motor vehicle or device, or any party asserting lawful claim to said identified motor vehicle or device, fails to redeem said motor vehicle or device, or fails to post an adequate bond as security for the clean-up and relocation and removal of the solid waste and wastes that violated this chapter, then the Board authorized to enforce this chapter shall publish a notice of sale in a newspaper of general circulation in the County of Clackamas in conformity with applicable notice provisions of the law for repossession of said identified motor vehicles or devices. The Board shall be empowered to sell said identified motor vehicles or devices so impounded in satisfaction of said lien or costs and expenses for the removal of solid waste or wastes illegally dumped in the unincorporated areas of the County. If there is any money remaining after the costs of clean up are paid, said money shall be reimbursed to the owner of the identified motor vehicles or devices that were sold to pay for the cost of said clean up.

E. No person shall discard, deposit, throw, permit to be thrown, place or cause to be placed, or drain any rubbish, trash, debris, garbage, solid waste or wastes in a manner prohibited by ORS 164.775, 164.785 or 164.805. Any person violating this subsection shall be subject to a civil penalty to enforce the provisions of this subsection pursuant to ORS 459.108.

F. No person shall throw or place, or direct another person to throw or place, any rubbish, trash, debris, and garbage, solid waste or wastes in the receptacles of another person without the permission of the owner.

[Codified by Ord. 05-2000, 7/13/00]

10.03.090 Solid Waste Commission

Under this solid waste and wastes management Chapter, there is hereby created a solid waste commission of seven members:

A. Director of the Department of Transportation and Development or their authorized representative.

B. Health Officer or their authorized representative.

C. One Member of the public.

D. One Member of the public.

E. One Member of the public.

F. One Collection Service Franchise holder.

G. One Collection Service Franchise holder.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2016, 8/11/16; Amended by Ord. 03-2022, 7/21/22]

10.03.100 Bylaws

The solid waste commission shall have the power to promulgate such bylaws as may be necessary for the efficient operation of the commission. Bylaws that are inconsistent with any provisions of this Chapter shall be void.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2016, 8/11/16]

10.03.110 Duties of the solid waste Commission

In addition to other duties prescribed by this chapter, the Commission shall:

A. Make an annual report containing its recommendations, if any, regarding proposed changes or additions to regulations promulgated by the Board or amendments to this chapter, for the purpose of carrying out the intent of this chapter.

B. Cooperate with any regional or state authority, such as Metro (Metropolitan Service District) or D.E.Q., to develop a long-range plan to provide adequate disposal sites and disposal facilities to meet future demands and for regional disposal sites. If an authorized regional or state authority sites such a facility, the plan for such a site shall be recommended to the Board for approval.

C. Promote community involvement and make recommendations to the Board for wastes reduction and recycling programs.

D. Monitor franchise agreements between Clackamas County and its franchised solid waste collectors, and make recommendations to the Board to grant, modify or revoke a franchise. The Commission shall also hear all appeals for the granting, modifying, or revoking of permits or licenses issued by the Director.

E. Review collection fee changes and make recommendations to the Board for a specific action.

F. Make recommendations to the Department of Environmental Quality, Metropolitan Service District, and local political jurisdictions regarding local and regional policy and legislative changes in solid waste Management.

G. At the request of the Director, or upon a written request by a person, review the Department of Transportation and Development's enforcement action regarding solid waste nuisance abatement appeals, as provided in 10.03.040 and 10.03.060 of this chapter.

H. Review changes in legislation affecting solid waste and materials management and recycling in the County and make recommendations to the Board for appropriate action.

I. Perform such other acts or duties as directed by the Board or as established by other chapters as may be necessary, proper, or desirable to carry out effectively the functions and duties of the Commission.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2016, 8/11/16]

10.03.120 Regional solid waste Commission

If agreement is reached with one or more counties pursuant to 10.03.370 of this chapter for regional cooperation in the collection, disposal or utilization of solid waste or wastes, the solid waste Commission shall serve on a Regional Committee established to advise the Board of Commissioners or County Courts of the affected counties.

[Codified by Ord. 05-2000, 7/13/00]

10.03.130 Regulation

Upon recommendations of the Commission or Board, the Director may promulgate regulations pertaining to administration of this chapter.

[Codified by Ord. 05-2000, 7/13/00]

10.03.140 Persons, Activities and Practices Regulated

A. Except as provided in 10.03.050 of this chapter, it shall be unlawful for any person to store, collect, transport, or dispose of any solid waste or wastes for compensation unless such person is franchised, in accordance with the provisions of Section 10.03.140 to 10.03.330 of this chapter, or is a subcontractor of a Collection Service Franchise holder under Section 10.03.260.

B. Except as provided in 10.03.050 and Section 10.03.140 of this chapter, it shall be unlawful for any person to create or maintain a disposal site unless METRO, DEQ and the County approve such site.

C. Except as provided in 10.03.050 and Sections 10.03.140 to 10.03.330 of this chapter, it shall be unlawful for any person to create or maintain a Transfer Station unless METRO, DEQ and the County approve such site.

D. No person shall collect, transport, or dispose of any solid waste or wastes or recyclable material of their tenant. The only exceptions are:

1. The use of an on-site compactor at multi-family developments whereby said development owners, management, or their employees transport the on-site containers and empty their contents into the compactor, subject to the following conditions:

a. The development owner, management, their employees or agents shall apply for and receive an annual certificate, on forms provided by the County, prior to installing said system and shall pay an annual certification fee in an amount established by the County. The certificate shall require the owner, management, their employees or agents to comply with all criteria of this subsection. After final inspection by the County, when it is determined that the development owners, management, their employees or agents have complied with the criteria of this subsection, the County shall issue a Certificate of Compliance.

A certificate holder shall be required to apply annually for re-certification not less than ninety (90) days prior to expiration of the original certification. Continued certification shall be subject to approval by the County, and payment of the annual re-certification fee.

b. The collection service for the compactor shall be provided by a Collection Service Franchisee or the Franchisee's authorized subcontractor.

c. The compactor and containers shall be compatible with the Collection Service Franchisee's or the Franchisee's subcontractor's equipment. The cost of retrofitting any collection equipment shall be the responsibility of the owners of the compactor.

d. All manufacturer standards for proper use and maintenance of said equipment shall be followed. In addition, the weight of said equipment and its contents when transported for disposal should not exceed the legal weight limits of state and local laws or the Collection Service Franchisee's equipment. Any costs associated with overweight violations on public roadways, including the costs of citations and down time, shall be the responsibility of the development owners, management, their employees or agents.

e. Collection service for the compactor shall be provided at least once every seven- (7) days and the compactor shall be sized to accommodate that period of on-site waste generation.

f. No on-site nuisance conditions shall be created as a result of infrequent container or compactor servicing.

g. The compactor and container location and the site development shall comply with design review and development standards of the Clackamas County Zoning and Development Ordinance and the Building and Structural Specialty Codes. All sites shall meet the accessibility requirements of the Collection Service Franchisee or the Franchisee's subcontractor, but such requirements shall not exceed those set forth in the design review and development standards of the Clackamas County Zoning and Development Ordinance.

h. An on-site recycling program, approved by the County, shall be developed and implemented concurrent with the use of an on-site compactor.

i. A special waste management fee shall apply towards providing recycling collection services by the Collection Service Franchisee or the Franchisee's authorized subcontractor.

j. The area around the compactor shall be kept free of solid waste and debris and be washed down on a regular basis.

k. Only the development manager or their employees shall conduct the on-site transport and collection system of the containers or compactors, if a Collection Service Franchisee is not used for said transport.

2. If any condition in l. a. through l. k. of this Subsection D. is violated or fails to be implemented at a multi-family development by the owner, management, their employees or agents, then the exception allowed under this subsection shall terminate upon order of the Director and the certificate under this subsection shall be revoked.

3. When the on-site management or their employees collect and transport recyclable materials for the purpose of consolidating said recyclable materials at a central location or locations, for collection by a Collection Service Franchisee or the Franchisee's subcontractor

E. No person shall solicit, collect, transport or dispose of any residential recyclable material or materials, unless such person is franchised or permitted in accordance with the provisions of 10.03.330 of this chapter, or unless such person is the generator of said recyclable materials. In addition, no person licensed under the Recycling License Chapter shall solicit or collect any residential recyclable material at the place of residence of the generator of the material unless all of the materials identified as residential materials under 10.03.030 are simultaneously solicited for fair market value.

F. No person shall collect, transport or dispose of any recyclable material or materials, that are placed at the curb/road for residential collection by a Collection Service Franchise holder, unless such person is a subcontractor of a Collection Service Franchisee under 10.03.260

G. No person shall collect or transport any commercial or industrial recyclable material or materials without first obtaining a permit in accordance with 10.03.330 of this chapter, or first obtaining a license in accordance with the Recycling License Chapter, unless such person is exempt from the Licensing chapter or is the generator of said material.

H. No recycling depot, including a buy-back center or drop box, shall be located or placed at any location in the unincorporated area of the County in violation of land use and zoning laws.

I. No person shall remove the cover of a residential or commercial container or receptacle except when depositing or removing the contents, nor in any manner interfere with the container or its contents, except those authorized for such duty.

J. It shall be unlawful to deposit solid waste or wastes in the recycling receptacle or the solid waste receptacle of another person, dwelling unit, or establishment without the consent of the person in charge of the premises or receptacle.

K. No person shall place hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes into a receptacle intended for collection service. When materials, or customer abuse, or fire, or vandalism causes excessive wear or damage to a receptacle, the cost of repair or replacement may be charged to the collection service customer.

L. No person shall place solid waste or wastes or recyclable materials in a drop box or compactor in an amount that exceeds the legal weight limits of State and local laws, or which exceed the weight limits of the franchised collectors' equipment or manufacturers' specifications.

M. No person shall store putrescible materials in a receptacle in excess of seven (7) days. Said material shall be removed from the premises at regular intervals not to exceed the seven- (7) days.

N. No commercial recycling receptacle shall be constructed of materials other than those approved by the local fire marshal, nor shall the receptacle be placed in a location that violates the local fire ordinance.

O. An inoperable vehicle commonly designed of ferrous metals shall only be collected, transported, and disposed of by the owner of the vehicle or by a licensed auto wrecker or towing company.

P. Pursuant to OAR Chapter 340 no person shall store waste tires without first obtaining a waste tire storage permit from the Department of Environmental Quality.

Q. Any person picking up or transporting waste tires shall comply with the permit requirements of the DEQ.

[Codified by Ord. 05-2000, 7/13/00]

10.03.145 Business Recycling Requirement

All businesses within the County shall comply with waste prevention, recycling and composting requirements as set forth in this Chapter and the regulations promulgated hereunder. Failure to comply with this section shall be considered a public nuisance which may be abated as provided in 10.03.070 of this chapter.

A. Business will source-separate all recyclable paper, cardboard, glass and plastic bottles and jars, and metal cans for reuse or recycling.

B. Businesses will ensure the provision of recycling receptacles for internal and/or external maintenance or work areas where recyclable materials are collected, stored, or both.

C. Businesses will post accurate signs:

1. Describing the location where recyclable materials are collected, stored, or both;

2. Identifying the materials the business must source-separate for reuse or recycling; and

3. Providing recycling instructions

D. Persons and entities that own, manage or operate premises with business tenants, and that provide garbage collection service to those business tenants, shall provide recycling collection systems adequate to enable those business tenants to comply with the requirements of subsections A, B and C of this section.

[Added by Ord. 04-2009, 7/9/09; Amended by Ord. 04-2019, 6/11/19]

10.03.147 Business Food Waste Requirement

All covered businesses in the County that fall within the Metro boundary shall comply with provisions set forth in this chapter and regulations promulgated hereunder. A covered business is a business or workplace that cooks, assembles, processes, serves, or sells food or does so as a service provider for other enterprises and generates more than 250 pounds per week of food waste. Failure to comply with this section or regulations promulgated hereunder shall be considered a public nuisance which may be abated as provided in 10.03.070 of this chapter.

A. Covered businesses must separate and collect food waste that is controlled by the business, agents, and employees. This requirement does not apply to food wastes controlled by customers or the public. At its discretion, a business may also collect food waste from customers or the public. K-12 schools may also include student-generated food waste from school cafeteria meals but must ensure that food wastes are free of non-food items.

B. Covered businesses must ensure that food waste collected in compliance with this chapter is free of non-food waste items.

C. Covered businesses must have correctly labeled and easily identifiable receptacles for internal maintenance or work areas where food waste may be collected, stored, or both.

D. Covered businesses must post accurate signs where food waste is collected and stored that identify the materials that the covered business must source separate.

E. All covered businesses must comply with this section by September 30, 2023;

a. Covered businesses, that are not schools, generating greater than 1,000 pounds of food waste per week must comply with this section by March 31, 2021;

b. Covered businesses, that are schools, generating greater than 500 pounds of food waste per week must comply with this section by September 30, 2022.

F. Persons and entities that own, manage or operate premises with tenants that are covered businesses, must allow or facilitate food waste collection service adequate to enable those tenants to comply with the requirements of this section.

G. A covered business may seek a temporary compliance waiver from the business food waste requirement subject to the following conditions:

a. The temporary compliance waiver will not exceed twelve (12) months; and

b. The business provides access to the County for a site visit to demonstrate that the covered business cannot comply with this section under criteria identified in Metro or County administrative rule; and

c. The County approves a temporary compliance waiver under this section; and

d. The County may perform periodic site visits to ensure the conditions allowing a temporary compliance waiver under this section are still in place and cannot be remedied.

H. The County may grant a renewal of a temporary compliance waiver.

I. Those cities with which the County has agreements for performing the work associated with the Annual Waste Reduction Plan may delegate the granting and administration of temporary compliance waivers to the County.

[Added by Ord. 04-2019, 6/11/19]

10.03.150 Applications

Applications for Franchises shall be on forms provided by the Commission. In addition to information required on the forms, the Commission may require the filing of special guarantees and indemnities, and any additional information it deems necessary, to insure compliance with this chapter.

A. Applicants for Collection Service Franchises shall state the type of service to be provided, and shall supply information required to determine qualifications for such franchise under Section 10.03.160 of this chapter.

B. Applicants for Disposal Franchises shall file a duplicate copy of the information required by the Department of Environmental Quality pursuant to Chapter 459, Oregon Revised Statutes.

[Codified by Ord. 05-2000, 7/13/00]

10.03.160 Requirements for Collection Service Franchises

A. Existing Collection Services:

1. Collection Service Franchisee's shall make application for renewal of their Collection Service Franchise within thirty (30) days of the County's written notice of the requirement for filing an application for renewal. The County will normally give such written notice to said Collection Service Franchisee not less than one (1) year prior to expiration of the Collection Services Franchises. Upon filing an application for renewal, and furnishing required information for renewal of such Franchise, said applicant might continue to provide collection service until the Board makes a final decision on the application for renewal. Such person shall furnish the information required by subsection B of this Section and prove to the satisfaction of the Board that the applicant has a majority of the service accounts in the service area for which they are applying for renewal, which shall be evidenced by a list of customers served. If such person is also applying for an area which they are not currently serving, they shall also supply the information required by subsection C or D of this Section.

2. Franchisees shall submit to the Director any information necessary to satisfy which recyclables are being collected or received, methods of and/or copies of materials providing for public education and promotion or any other information required by the Director, METRO, and the Department of Environmental Quality pursuant to ORS Chapter 459 or 459A and Rules promulgated thereunder.

3. Upon proper application and a finding by the Board that the applicant is providing adequate service and otherwise qualifies for a franchise under this Section, the Board shall issue a Collection Franchise covering the area served by the applicant on the effective date of this chapter. However, if this Board finds that the applicant should not be granted a Collection Franchise on the basis of inadequate existing service or that the applicant does not meet the requirements of this Section, the Board may deny, or partially deny, the application or may specify additional requirements to be met by the applicant to guarantee service. By the same Order, the Board may grant, modify, or deny, in whole or part, an applicant's request to serve an additional area not being served on the effective date of this chapter, or may assign an additional service area. Any such order is subject to appeal and hearing as provided in 10.03.220 of this chapter.

B. Applicants for a Collection Service Franchise or renewal of said Franchise shall provide sufficient information to the Board to prove to its satisfaction that:

1. The applicant has available collection vehicles, equipment, facilities and personnel sufficient to meet the standards of equipment and service established by this chapter, and ORS Chapter 459 or 459A, and the rules and regulations promulgated thereunder.

2. The applicant has good moral character, or if the applicant is a firm or corporation, that the principal partners or officers are of good moral character.

3. The applicant shall use disposal sites authorized by the Board, DEQ, and METRO, and list such sites.

4. The applicant shall furnish the County with a Certificate of Insurance for comprehensive general liability insurance, including contractual and products/complete operations liability insurance in an amount established by the Board for combined, single limit for personal injury and property damage for the protection of the County, its officers, commissioners and employees against liability for damages because of personal injury, bodily injury, death or damage to property, including loss of use thereof, in any way related to the applicant's or any subcontractor's performance of this chapter.

5. The applicant shall indemnify, save harmless and defend the County, its officers, commissioners and employees from and against all claims and action, and all expenses incidental to the investigation, and defense thereof, arising out of, or based upon, damage or injuries to persons or property caused by the errors, omissions, fault, or negligence of the applicant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

6. The insurance shall include the County as an additional insured and refer to and support the applicant's obligation to hold harmless the County, its officers, commissioners and employees. Such insurance shall provide thirty (30) days written notice to the County in the event of cancellation, non-renewal, or material change, and include a statement that no act on the part of the insured shall affect the coverage afforded to the County under this insurance.

C. In the matter of an application for a Collection Service Franchise, if the applicant is not already serving an area proposed to be served, the applicant shall show in addition that:

1. The defined service area has not been franchised to another person; or,

2. The holder of the franchise is not adequately serving the defined service area and there is substantial demand by customers within the area for a change of service to that area.

D. If the applicant for a Collection Service Franchise proposes to serve an area or portion thereof that is under franchise to another person, or to replace such person upon expiration of the existing franchise, they shall have available, on the day beginning the proposed franchise term, adequate personnel, collection vehicles, containers, and other equipment for the service to be rendered. The Board shall require that such applicant supply a corporate bond, or cash, or acceptable negotiable securities to guarantee such availability to the satisfaction of the Board.

E. If it appears to the Board through its own knowledge, or through knowledge of its agents, or through written notice from any person, that there are conflicting claims to a Service Area, then a public hearing shall be called by the Board to resolve such conflicting claims and the claim shall be resolved by the Board, upon the basis of the recommendation of the Commission, the requirements of this chapter for Collection Service Franchises as set forth in this Section, and the Board's determination as to which applicant can best serve a given service area in the public interest. The decision of the Board in resolving any conflict between persons claiming the Service Area shall, in addition, be made by the Board upon its finding of which person or applicant has the greatest claim to the Service Area or portion thereof the Commission's recommendation shall be based on a review as to past Service of record in the area and the requirements of this chapter. The Board's decision shall be final.

[Codified by Ord. 05-2000, 7/13/00]

10.03.170 Issuance of Collection Service Franchises

Applications for Collection Service Franchises and renewal of Collection Service Franchisees shall be reviewed by the Commission and by the Director. They shall make such investigation, as they deem appropriate. The Commission shall give written notice to the current Collection Service Franchisees when any person applies for a franchise within an established franchised area.

Upon the basis of the application, evidence submitted and results of any investigation by the Commission and by the Director, the Commission shall review the qualifications of the applicant pursuant to the requirements for a Collection Service Franchise under 10.03.160 and shall determine whether additional areas should be included or additional service or equipment should be provided.

On the basis of its review, the Commission shall recommend to the Board whether the application should be granted, be denied, or be modified. The Board shall issue an Order granting, denying, or amending the application.

[Codified by Ord. 05-2000, 7/13/00]

10.03.180 Disposal Franchise Requirements

A. Applicants for a Disposal Franchise shall provide sufficient information to determine compliance with the requirements of this chapter; the regulations promulgated thereunder and rules of Federal, State and local agencies having jurisdiction.

B. Applicants shall specify the type of disposal site and the disposal method to be employed together with any proposed special regulations dealing with hazardous wastes, recyclable materials or what waste or recyclable material will be accepted or rejected at the disposal site.

C. The applicant must show to the satisfaction of the Board that they:

1. Has available land, equipment, facilities, and personnel to meet the standards established by this chapter and ORS Chapter 459 or 459A, and the rules and regulations promulgated thereunder and that they have insurance equal to that required by 10.03.150 of this chapter.

2. Has good moral character or, if the applicant is a firm or corporation that the principal partners or officers are of good moral character.

3. The Board shall require the applicant to submit a corporate surety bond in the minimum amount of $50,000, or such other sum as the Board may require, or such other acceptable guarantees or substitutes in an amount to be designated by the Board, guaranteeing full and faithful performance by the applicant of the duties and obligations of the franchise holder under provisions of this chapter and applicable Federal, State, and local laws and rules or regulations. In determining the amount of bond to be required, the Board shall give due consideration to the size of the site, the method of disposal proposed, the population to be served, adjacent or nearby land uses, and the potential danger for failure of service.

D. Where the applicant is providing disposal service on the effective date of this chapter, and has filed their application within thirty (30) days thereafter, they may continue service until the final decision of the Board on their application.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.190 Issuance of a Disposal Franchise

The Commission shall review applications for Disposal Franchise. The Commission shall give written notice of the application to any person who holds a Disposal Franchise for Service to all or part of the area that reasonably would be served under the application.

Upon the basis of the application, evidence submitted, and results of any investigation, the Commission shall make a finding on the qualifications of the applicant and whether or not additional service, personnel, land, equipment or facilities should be provided and what conditions of service should be imposed including, but not limited to, whether the site should be opened to the public and under what conditions, whether or not certain types of wastes, solid waste, hazardous wastes or recyclable materials should be excluded from the site or should be required to be accepted at the site, and shall make a finding as to whether or not the site is economically feasible, whether or not the site may be integrated with existing private or county-owned or operated sites, and further that the site complies with all rules and regulations adopted pursuant to ORS Chapter 459 or 459A, and by this chapter.

On the basis of its review, the Commission shall recommend to the Board whether or not the application should be granted, be denied, or be modified. The Board shall issue an Order granting, denying, or amending the application.

These provisions are in addition to, and not in lieu of, any provisions of the Clackamas County Zoning and Development Ordinance and the Clackamas County Comprehensive Plan.

[Codified by Ord. 05-2000, 7/13/00]

10.03.200 Transfer Station Franchise Requirements

A. Applicants for a Transfer Station Franchise shall provide sufficient information to determine compliance with the requirements of this chapter, the regulations promulgated thereunder and rules of Federal, State or regional agencies having jurisdiction.

B. Applicant must show to the satisfaction of the Board that they:

1. Has available land, equipment, facilities, and personnel to meet the standards established by this chapter and ORS Chapter 459 or 459A, and the rules and regulations promulgated thereunder.

2. Has good moral character, or if the applicant is a firm or corporation, that the principal partners or officers are of good moral character.

3. Shall furnish the County with a Certificate of Insurance for comprehensive general liability insurance, including contractual and products/completed operations liability insurance in an amount established by the Board for combined, single limit for personal injury and property damage for the protection of the County, its officers, commissioners and employees against liability for damages because of personal injury, bodily injury, or damage to property, including loss of use thereof, in any way related to the applicant's or any subcontractor's performance of this chapter.

4. Shall indemnify, save harmless and defend the County, its officers, commissioners and employees from and against all claims and action, and all expenses incidental to the investigation and defense thereof, arising out of or based upon damage or injuries to persons or property caused by the errors, omissions, fault or negligence of the applicant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

5. Has insurance which shall include the County as an additional insured, and which shall refer to and support the applicant's obligation to hold harmless the County, its officers, commissioners and employees. Such insurance shall provide thirty (30) days written notice to the County in the event of cancellation, non-renewal or material change and include a statement that no act on the part of the insured shall affect the coverage afforded to the County under this insurance.

C. Where the applicant is providing transfer service on the effective date of this chapter, and has filed their application within thirty (30) days thereafter, they may continue service until the final decision of the Board on their application.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.210 Issuance of a Public Transfer Station Franchise

A. The Commission shall review applications for Transfer Station Franchises. The Commission shall give written notice to any person who holds a transfer station franchise for service to all or part of the area that reasonably would be served under the application.

B. On the basis of the application, evidence submitted, and results of any investigation, the Commission shall make a finding on the qualifications of the applicant and whether or not additional personnel, service, land, equipment or facilities should be provided, and what conditions of service should be imposed, including but not limited to whether or not certain types of wastes, sold wastes, hazardous wastes or recyclable materials should be excluded from the transfer station or should be required to be accepted at the transfer station, and the Commission shall make a finding as to whether or not the transfer station may be integrated with existing private or County-owned or operated transfer stations, and further that the transfer station complies with all rules and regulations adopted pursuant to Chapter 459 or 459A. On the basis of its review, the Commission shall recommend to the Board whether or not the application should be granted, be denied, or be modified. The Board shall issue an Order granting or denying a Transfer Station Franchise to the applicant.

C. Provisions of this section of this chapter are in addition to, and not in lieu of, any provisions of the Clackamas County Zoning and Development Ordinance, the Clackamas County Comprehensive Plan or rules or regulations of the Oregon Department of Environmental Quality and the Federal Government.

[Codified by Ord. 05-2000, 7/13/00]

10.03.220 Appeal of a Franchise

If the Order of the Board is adverse to the applicant or to the holder of an existing franchise, it shall not become effective until thirty (30) days after the date of said Order, unless the Board finds that there is an immediate and serious danger to the public, or that a health hazard or public nuisance would be created by a delay. The applicant or a franchise holder may request a public hearing before the Board upon the Board's Order by filing a written request for an appeal hearing with the Board within thirty (30) days after the date of said Order. On the filing of such request for an appeal hearing, the Board shall set a time and place for a public hearing upon its Order, which hearing shall be not more than thirty (30) days from the date of said request for an appeal hearing. The applicant or franchise holder may submit relevant evidence to the Board upon the Board's Order. Other interested persons or affected public or private agencies may appear and offer oral or written testimony. The Board may, following the public hearing, affirm, modify or rescind its prior Order.

Subject to provisions of 10.03.410, the determination of the Board after conclusion of said public hearing should be final.

If the Board makes a final Order rejecting all or part of the application for a franchise, the applicant may not submit another application for the same service area or portion thereof, or for the same disposal site, for a period of six months unless the Board finds that the public interest requires reconsideration within a shorter period of time.

[Codified by Ord. 05-2000, 7/13/00]

10.03.230 Exclusive or Joint Service Under a Collection Service Franchise

Upon recommendation of the Commission, if the Board finds that an applicant for a Collection Service Franchise cannot provide adequate Service for the collection of solid waste or wastes, or the curbside/roadside collection of recyclable materials to a single customer, a group or type of customer, or for a particular type or unusually large quantity of solid waste or wastes, or for recyclable material, it may issue a franchise for joint service with another person who can provide that service; provided, however, that in all cases where the Board finds that the applicant is able to provide adequate service within the defined Service Area, it shall issue an exclusive Collection Service Franchise.

If the holder of a Collection Service Franchise is unable to provide service for particular types, or unusually large quantities, of solid waste or wastes or recyclable materials, the Board may issue a temporary or permanent Collection Service Franchise to another person for the purpose of providing limited service to the customer or customers having such particular types or unusually large quantities of solid waste or wastes or recyclable materials.

Upon recommendation of the Commission, if the Board finds that the need for service justifies action before a complete investigation and final determination can be made, it may issue a temporary Collection Service Franchise valid for a stated period not to exceed six months, entitling a person to serve a defined Service Area or customers.

[Codified by Ord. 05-2000, 7/13/00]

10.03.240 Transfer of Franchise

The holder of a solid waste or wastes Collection Service Franchise may transfer their franchise and/or right to provide residential curbside/roadside or multi-family collection service of recyclable materials, or a portion thereof, to other persons only upon written notice to, and approval by, the Board.

Upon recommendation and finding of the Commission, the Board may approve the transfer if it finds that the transferee meets all applicable requirements met by the original Collection Service Franchise holder. The Board shall approve or disapprove any application for transfer of a Collection Service Franchise and/or right to provide residential curbside/roadside or multi-family collection of recyclable materials within thirty (30) days of receipt of notice by the Board, unless the Board finds there is substantial question of public health or safety involved which requires additional time for investigation and decision.

Upon recommendation of the Commission, the Board may permit a Collection Service Franchise to be pledged as a security for purchase of land, equipment, or facilities that are needed to provide service, or to finance purchase of a business providing service under this chapter. The Board may attach whatever condition it deems appropriate to guarantee maintenance of service.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.250 Change In Control of Franchises

The holder of a solid waste or wastes Collection Service Franchise shall promptly notify the County of any proposed change in control, or transfer of a controlling interest in stock ownership. 'Change in control' shall mean the occurrence of either A or B of this Section:

A. Any person, corporation, limited liability company, partnership, trust or association, or any group within the meaning of Section 13 D 3 of the Securities Exchange Act of 1934, as amended, 15 USC §78m D 3, and the rules and regulations promulgated thereunder, 17 CFR §240.13d-3, (the "Exchange Act") shall have acquired, after the date hereof, beneficial ownership (within the meaning of Rule 13d-3 of the Exchange Act), directly or indirectly, of common stock representing fifty percent (50%) of the combined voting power of all common stock of the franchise holder, or of any parent company of the franchise holder, immediate or otherwise, (hereinafter called a 'Controlling Person'). "Common stock" as used in the preceding sentence shall mean common stock eligible to vote in the election of directors, or other securities convertible into such common stock, other than securities having such voting power only by reason on the happening of a contingency. Or

B. A majority of the Board of Directors or the franchise holder shall cease for any reason to consist of:

1. Individuals who are currently serving as directors of the franchise holder; and

2. Individuals who subsequently become members of the board if such individuals' nomination for election, or election to, the board is recommended or approved by a majority of the board of directors or stockholders of the franchise holder, provided that use of the provisions of this clause shall not be used to evade the intent of this section.

C. For purposes of paragraph A above, a person or group shall not be a Controlling Person if such a person or group holds voting power in good faith and not for the purposes of circumventing this provision as an agent, bank, broker, nominee, trustee, or holder of revocable proxies given in response to a solicitation pursuant to the Exchange Act, for one or more beneficial owners who do not individually, or, if they are a group acting in concert, as a group, have the voting power specified in paragraph A.

D. The franchise holder shall give County a written request to approve the change in control prior to any change in control taking effect. If a change in control occurs without written notice to County, such change shall be grounds for revocation of franchise by the County, at its sole discretion.

E. A change in control shall make a franchise subject to revocation, unless and until the Board, after receiving the recommendation of the Commission, has approved the change in control. The Board shall approve or disapprove any change in control within ninety (90) days of receipt of written request to enter into the transaction and receipt of all information required in writing by the County. For the purpose of determining whether it will consent to such change in control, the County may inquire into the qualifications of the prospective controlling party to perform under the County's solid waste collection system and the effects of the change on that system. The franchise holder shall assist the County in any such inquiry.

[Codified by Ord. 05-2000, 7/13/00]

10.03.260 Responsibilities of Franchise Holders

A. The holder of a Collection Service Franchise:

1. Shall provide required service, personnel, equipment and facilities, but not less than the service, personnel, equipment and facilities commensurate with existing service provided within the Service Area defined in the franchise, within one month from the date of issuance of the Collection Service Franchise or renewal of the Franchise, unless the Commission extends the time upon showing of reasonable grounds by the franchisee. Where an area is not receiving service on the date of the application for a Collection Service Franchise covering such area, the Commission may order that Service be provided at such time as it finds to be reasonable.

2. Shall not voluntarily discontinue service to the Service Area, or substantial portion thereof, or any customer without giving ninety (90) days written notice of the proposed discontinuance of service to the Commission and to the customers within the franchised Service Area, and shall not discontinue the service without receiving the approval of the Board. Nothing in this section shall prohibit a franchisee from refusing to provide service to a customer if the customer refuses to pay for the service in accordance with waste management fees established pursuant to this chapter, or for other reasons as may be established by the Board or Director by regulation; provided, however, in no event shall the holder of the Collection Service Franchise terminate such service without seven (7) days prior written notice to the customers of the franchisee's intention to terminate service. The franchisee shall retain a copy of said notice. A Collection Service Franchise holder who has discontinued service on the basis of refusal of a customer to pay for such service may require a reasonable deposit to guarantee payment for future services before reinstating such service or demand advance payment for service.

Nothing in this subsection shall apply to any Order for a change, restriction, or termination of service by any public agency, public body or court having jurisdiction.

3. May subcontract with another person to provide service, or a particular type of service, within a Service Area after giving written notice to, and obtaining approval of, the Board.

4. May refuse Service to a customer where service at a particular location would jeopardize the safety of the driver of the collection vehicle, or the motoring public, or cause damage to the collection vehicle or equipment, or where the customer has not provided reasonable access to the pickup point for the receptacle(s) storing solid waste or wastes or recyclable materials. Service may also be refused where there is undue hazard or risk to the person providing service due to natural or manmade constraints, such as overhanging branches, slope, topography, wet ground conditions; vicious animals; or private roads, driveways, or bridges where damage may occur to said road, driveway, or bridge, or equipment from the weight of the collection vehicle or equipment whether empty, partially full, or full. In addition, weather conditions may temporarily prevent service to a particular customer or customers. The Board, Commission, or Director, may from time to time, develop regulations establishing adequate standards of safety for the driver of a collection vehicle, the motoring public, and the public generally, and the solid waste or wastes or recyclable materials collection vehicle or equipment. If a customer is refused service for any condition other than temporary weather conditions, a written notice stating the reasons for refusal of service shall be given to said customer and the Director within seven (7) days from when service is first refused by the Collection Service Franchisee.

5. Shall provide the opportunity to recycle as follows:

a. Shall provide at least weekly residential on-route curbside/roadside collection of recyclable materials and weekly on-route collection of yard debris within the urban growth boundaries of Clackamas County and cities within the Metropolitan Service District.

b. Shall provide other on-route collection of recyclable materials as required by the County or State law.

c. Shall have the right to compete in the purchase or exchange for fair market value in the collection of commercial/industrial source-separated recyclable materials.

d. Shall design, commit resources, and provide an education, promotion and notification program to enhance recycling awareness and to provide the opportunity to recycle as provided by this chapter and ORS Chapter 459 or 459A and the rules promulgated thereunder.

e. Shall report to the County on recycling activities and supply all necessary information for purposes of preparing the D.E.Q. or METRO recycling report.

f. At the request of a permit holder shall haul any load of recyclable materials collected by the permit holder to a legally established utilization facility and may charge a fee pursuant to 10.03.330 to cover the cost of this service. The franchisee shall remit to the permit holders all revenue derived from the sale of this material at the utilization facility.

6. Shall indemnify Clackamas County, the Board, the Commission, the Director and any of their employees or agents, and save them harmless from any and all loss, damage, claim, expense or liability arising out of operation by the Collection Service Franchise holder under their franchise. In the event that any suit or action is brought for injury or damage to persons or property of others against Clackamas County, the Board, the Commission, the Director or any of their employees or agents, based upon, or alleged to be based upon, any loss, damage, claim, expense or liability arising out of operations by the franchise holder under their franchise, the Collection Services Franchise holder shall defend the same at their own cost and expense; provided, however, that Clackamas County, the Board, the Commission and the Director reserve the right to retain counsel of their own choosing and join in the defense of any such suit or action.

B. The holder of a Disposal Franchise:

1. Shall not voluntarily discontinue service without giving at least ninety (90) days written notice of the proposed discontinuance of service to the Commission and to any Collection Service Franchisee using their disposal site; and further, shall receive the approval of the Board prior to discontinuing said service. This paragraph shall not apply to any order for closure or restriction of use by any public agency, public body, or court having jurisdiction.

2. May contract with another person to operate the disposal site after giving written notice to, and obtaining the approval of, the Board.

3. May refuse disposal service to any customer if the customer refuses to pay for the service in accordance with the rates established pursuant to this chapter. A Disposal Franchise holder who has discontinued service for refusal of a customer to pay for such service, may demand that the customer provide a reasonable deposit in advance to guarantee payment for future service prior to reinstating such service, or may demand advance payment for service.

4. Shall provide the necessary service and facilities for collecting source-separated recyclable materials as designated by D.E.Q., METRO, or the County. This shall also include development of education and promotion literature on the opportunities to recycle and recycling awareness for distribution to the user.

5. Shall indemnify Clackamas County, the Board, the Commission, the Director and any of their employees or agents, and save them harmless from any and all loss, damage, claim, expense or liability in any manner occurring in connection with, or arising out of, operations under this Disposal Franchise. In the event any suit or action is brought for injury or damage to persons or property of others against Clackamas County, the Board, the Commission, the Director or any of their employees or agents based upon or alleged to be based upon any loss, damage, claim, expense or liability in any manner occurring in connection with or arising out of operations under this Disposal Franchise, the Disposal Franchise holder shall defend the same at their own cost and expense; provided, however, that Clackamas County, the Board, the Commission, and the Director reserve the right to retain counsel of their own choosing and join in the defense of any suit or action.

C. The holder of a Transfer Station Franchise:

1. Shall not voluntarily discontinue service without giving at least thirty (30) days written notice of the proposed discontinuance of service to the Commission and to any Collection Service Franchisees using their Transfer Station; and further shall receive the approval of the Board prior to discontinuing said service. This subparagraph shall not apply to any order, foreclosure, or restriction of use, by any public agency, public body, or Court having jurisdiction.

2. May contract with another person to operate the Transfer Station after giving written notice to, and obtaining approval from, the Board.

3. May refuse service to any customer if the customer refuses to pay for this service in accordance with the rates established pursuant to this chapter. A Transfer Station Franchise holder who has discontinued service for refusal of a customer to pay for such service, may demand that the customer provide a reasonable deposit in advance to guarantee payment for future service prior to reinstating that service or may demand advance payment for service.

4. Shall provide the necessary service and facilities for collecting source-separated recyclable materials as designated by D.E.Q., METRO or the County. This shall also include development of education and promotion literature on the opportunities to recycle and recycling awareness for distribution to the user.

5. Shall indemnify Clackamas County, the Board, the Commission, the Director and any of their employees or agents and save them harmless from any and all loss, damage, claim, expense, or liability in any manner occurring in connection with or arising out of operations under the Transfer Station Franchise. In the event any suit or action is brought for injury or damage to persons or property of others against Clackamas County, the Board, the Commission, the Director or any of their employees or agents, based upon or alleged to be based upon any loss, damage, claim, expense or liability, in any manner occurring in connection with or arising out of operations under their Transfer Station Franchise, the franchise holder shall defend the same at their own cost and expense; provided, however, that Clackamas County, the Board, the Commission, and the Director reserve the right to retain counsel of their own choosing and join in the defense of any such suit or action.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.270 Enforcement of Franchise Provisions

The Commission shall, upon reasonable cause, make an investigation to determine if there is sufficient reason and cause to suspend, modify, revoke, or refuse to renew a franchise as provided in this section. If, in the opinion of the Commission, there is sufficient evidence to constitute a violation of this chapter or ORS Chapter 459, or 459A, or the rules or regulations promulgated thereunder, the Commission shall notify the holder of the franchise in writing of the alleged violation and the steps necessary to be taken to cure the violation. Upon a finding that a violation exists and that the franchisee is unable to, or refuses to, cure the violation, the Commission shall make a recommendation to the Board that the franchise be suspended, modified, revoked, or that it not be renewed.

[Codified by Ord. 05-2000, 7/13/00]

10.03.280 Suspension, Modification, Revocation or Refusal to Renew a Franchise

A. Upon recommendation by the Commission, or upon its own motion, the Board may suspend, modify, revoke, or refuse to renew a franchise upon finding that the holder thereof has:

1. Willfully violated this chapter or ORS Chapter 459, or 459A, or the rules, or the regulations promulgated thereunder; or

2. Willfully misrepresented material facts or information given in the application for the franchise; or

3. Willfully refused to provide adequate service in a defined Service Area or at the franchised Disposal Site, Transfer Station or Depot after written notification and a reasonable opportunity to do so; or

4. Willfully misrepresented the total number of collection service customers in the Franchised Service Area.

B. In lieu of immediate suspension, modification, revocation, or refusal to renew a franchise, the Board may order compliance and make the suspension, modification, revocation, or refusal to renew a franchise or permit contingent upon compliance with the Order within the period of time stated in said Order.

C. If the Board suspends, modifies, revokes, or refuses to renew the franchise, the action shall not become effective until thirty (30) days after the date of the Order, unless the Board finds that there is a serious and immediate danger to the public health, or that a public nuisance would be created. The holder of a franchise may request a public hearing before the Board upon the Board's Order by filing a written request for such hearing with the Board within thirty (30) days after the date of said Order. Upon the filing of said request for hearing, the Board shall set a time and place for a public hearing; and upon its Order, said hearing shall not be more than thirty (30) days from the date of filing of said request for hearing. The franchise holder and other interested persons or affected public agencies may submit oral or written evidence to the Board relevant to the Board's Order. The Board may, following the public hearing, affirm, amend, or rescind its prior Order. Subject to provisions of Section 10.03.410, the determination of the Board, after conclusion of said public hearing, shall be final.

[Codified by Ord. 05-2000, 7/13/00]

10.03.290 Preventing Interruption of Service

The holder of any franchise agrees, and it is a condition of their obtaining and holding the franchise, that whenever the Board finds that the failure of service would result in creation of a health hazard or a public or private nuisance, the Board shall, after reasonable notice of not less than 24 hours to the franchisee, and a public hearing, if the franchisee requests such hearing, have the right to authorize another franchise holder or another person to provide service, or to use and operate the land, facilities or equipment of the franchise holder, for reasonable compensation to provide emergency service in the event of a serious interruption of service to all, or to a class, or group of customers for so long as such interruption continues.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.300 Terms of Franchises

A. Franchises, other than Collection Service Franchises, shall be renewable unless grounds exist for refusal to renew pursuant to Section 10.03.280 of this chapter.

B. The term for a Disposal Franchise shall be determined by the Board upon the recommendation of the Commission, based upon site longevity, population to be served, and probable use.

C. The term for a Transfer Station Franchise shall be ten (10) years, unless upon recommendation of the Commission, the Board may adjust the term of the franchise as deemed necessary due to the cost of land, equipment, or facilities.

D. Unless grounds exist for suspension, modification, or revocation of the Collection Service Franchise under Section 10.03.280 of this chapter, each Collection Service Franchise shall be considered as a continuing ten- (10) year term. Beginning January first (1st) of each year, the Franchise will be considered renewed for an additional ten (10) year term, unless at least thirty (30) days prior to January first (1st) of any year the County notifies all the Franchisees of intent to terminate the continuing franchise system. Upon the giving of such notice, the Franchisees will each have a Franchise which will terminate on the January first (1st) which is ten years from the date of the last renewal prior to the notice of termination.

E. The County may initiate proceedings for suspension, modification, or revocation of a Collection Service Franchise under Section 10.03.280 of this chapter, at any time, whether or not a review is being conducted.

F. Collection Service Franchises shall be subject to a review by the Director every five (5) years. The Director shall provide a report of the review to the Commission and the Board. Upon recommendation by the Commission, or upon its own motion, the Board may order that conditions be attached to a Collection Service Franchise or that modifications be enacted by a Collection Service Franchisee, based upon the review. Any such order for conditions or modifications shall be subject to the notification and hearing process set forth in Section 10.03.280 C of this chapter.

[Codified by Ord. 05-2000, 7/13/00]

10.03.310 Franchise Fees

A. The Board shall collect in the manner and at the time provided in this Section, from the holder of:

1. Any Collection Service Franchise, an annual fee based on gross cash receipts from collection service provided to the service area included in the Collection Service Franchise. Said fee shall be in an amount established by the Board and shall not include cash receipts from the sale of recyclable materials.

2. Any Disposal Franchise, an annual fee based on gross annual disposal fees. Said fee shall be in an amount established by the Board.

3. Any Transfer Station Franchise, an annual fee based on gross annual disposal fees. Said fee shall be in an amount established by the Board.

4. These fees may be changed by resolution of the Board, upon thirty- (30) days written notice, to give an opportunity for each franchisee to be heard.

B. Annual Collection Service Franchise fee shall be computed quarterly and shall be paid on a quarterly basis, not later than thirty (30) days after the end of each calendar quarter.

C. Within sixty (60) days after the end of each calendar year, a Collection Service Franchise holder shall file with the Board a sworn and verified statement of their total gross cash receipts; and, in order that the Board may have a way of keeping up with the total number of customers in the franchised areas, the Collection Service Franchise holder shall include in the sworn and verified statement the figure for their total number of customers.

D. The annual Disposal Franchise fee shall be computed monthly and paid by the 20th of the following month. Within sixty (60) days after the end of each calendar year, a Disposal Franchise holder shall file with the Board a sworn and verified statement of their total gross cash receipts for disposal; and, in order for the Board to have a way of keeping up with the volumes disposed, the Disposal Franchise holder shall submit a sworn statement of the total volumes disposed during the previous calendar year.

E. Every Collection Service Franchise holder, Disposal Franchise holder or Transfer Station Franchise holder shall maintain books and records disclosing the total number of customers in their franchised area, which records shall be open at reasonable times and places for audits by authorized personnel of Clackamas County.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.320 Use of Franchise Fees

Fees collected pursuant to Section 10.03.310 of this chapter shall be placed in a fund to be known as the Solid Waste Disposal Fund and shall be used only for the purposes outlined in 10.03.020 of the Purpose and Policy Statements of this chapter, unless transferred to another fund by budget transfer approved by the Board of County Commissioners. The solid waste disposal fund shall not be used for general County purposes unless first transferred by such a budget transfer. Said fund shall be kept and accounted for separately and apart from the Clackamas County General Fund or any other fund.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 09-2001, 9/27/01]

10.03.325 Reduction of Per Ton Solid Waste Rate

A. Notwithstanding any other provision of the Clackamas County Code, in the event that Metro reduces or is required by a court or otherwise to reduce its per ton solid waste rate, "tip fee," or any similar charge charged by Metro on a per ton basis and paid by any Collection Service Franchisee providing Collection Services to consumers in Clackamas County, the Waste Management Fee for Collection Services set by the Board shall be reduced commensurately so that one hundred percent of the reduction in fees paid to Metro as a result of Metro's reduction inures to the benefit of residents paying for Collection Services in the form of a reduced Waste Management Fee paid by those residents.

B. The requirements of Section A apply to any reduction of Metro's fees described therein that will last more than 30 days in duration. If the reduction of Metro's fees described in Section A is the result of a court order, the commensurate reduction in the Waste Management Fee for Collection Services a Collection Service Franchisee may charge to residents described in Section A shall be implemented as soon as reasonably practicable without the need to pass through the process for Determination of Waste Management Fees set forth in Clackamas County Code Section 10.03.340. Otherwise, the process for Determination of Waste Management Fees set forth in Clackamas County Code Section 10.03.340 shall apply to the implementation of the requirements of Section A, provided, however, that the Board shall complete its process for Determination of Waste Management Fees as soon as reasonably practicable after receiving notice of any reduction in Metro's fees and that if, in setting the new Waste Management Fee, the Board finds that the Waste Management Fee must cover any unrelated increase in costs, the Board may implement the reduction in the Waste Management Fee required under Section A as an offset to those unrelated increases in costs and that offset shall be deemed to inure to the benefit of residents paying for Collection Services as an effective reduction of the Waste Management Fee those residents otherwise would be paying.

[Added by Ord. 01-2021, 4/15/21]

10.03.330 Permit for Civic Community, Benevolent or Charitable Non Profit Organization or Corporation

A. Unless franchised under Section 10.03.140 to 10.03.330 of this chapter, any civic, community, benevolent or charitable nonprofit organization or corporation conducting activities for the collection, transportation, processing or disposal of recyclable materials, shall apply for a permit therefor from the Director on forms supplied by the Director. The Collection Service Franchise holder for the area in which the permittee shall conduct such activities shall be notified of the issuance of the permit. There shall be no fee for such a Permit. The duration of the permit shall be twelve (12) months or such other time as fixed by the Director. The Director shall furnish the permittee a list of applicable regulations and such available information as may assist the permittee in their endeavor. The Director may reject a permit application on the grounds that the applicant is unable or unwilling to meet the standards or requirements applied by the Director. The Director may apply any reasonable standard or requirement to such permit to prevent the creation of health, fire or safety hazards, the sustenance leading to the production of vectors or anything leading to a condition of unsightliness or foul odors. Any condition applied by the Director shall become a part of the permit, and violation by the permittee of any such condition shall automatically revoke the permit granted.

B. The permittee shall make arrangements to have the recyclable materials transported to market and shall designate who is to transport the recyclable materials when the permit is applied for. The assistance of the Collection Service Franchise holder whose Collection Service Area the recyclables are taken from may be used. If the Collection Service Franchise holder participates in transporting the recyclable materials, the said franchisee shall have the right to charge a fee pursuant to Section 10.03.340 to cover the cost of this service. Said Franchisee shall remit to the permit holder all revenue derived from the sale of the material.

C. The Director may suspend, modify, revoke, or refuse to issue or renew a permit upon the grounds set forth in A of this section. The applicant for a permit, or the permittee, may appeal any such decision of the Director to the Commission for their decision on the matter. If the Commission suspends, modifies, revokes or refuses to renew the permit, the action shall not become effective until thirty (30) days after the date of the Commission's decision, unless the Commission finds that there is a serious and immediate danger to the public health, or that a public nuisance would be created. The holder of a permit may request a public hearing before the Commission by filing a written request for such hearing with the Commission within thirty (30) days after the decision of the Commission. Upon filing of said request for hearing, the Commission shall set a time and place for a public hearing, and upon its Order, said hearing shall not be more than thirty (30) days from the date of filing of said request for hearing. The permit holder and other interested persons or affected public agencies may submit oral or written evidence to the Commission relevant to the Commission's decision. The Commission may, following the public hearing, affirm, amend or rescind its prior decision. The determination of the Commission, after conclusion of said public hearing, shall be final.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.03.340 Determination of Waste Management Fees (WMF)

A. Upon recommendation of the Commission, the Board may establish uniform Waste Management Fees (WMF) for collection service throughout the County, or may establish uniform WMF for collection service within zones based upon the length of haul or other factors which may, in the opinion of the Board, justify establishment of WMF differentials. The Board may also establish WMF by class of collection service customer for recycling collection costs, if said costs exceed the revenues produced by sale of recyclable materials collected. In no case shall a customer that recycles be charged more than one that does not recycle.

B. Upon recommendation of the Commission, the Board shall consider Disposal or Transfer Station WMF based upon the type of site, the cost of operation of such site, whether or not the site is open to the public, the type of waste to be disposed of, and the cost of compliance with Federal, State and local laws and regulations together with such other factors which may, in the opinion of the Board, affect the WMF to be charged. The Board may establish uniform WMF for all Disposal sites or Transfer Stations, or may establish different WMF based upon the factors specified in this Section.

C. Increases or decreases in WMF approved under this Section may not be made by the Board unless the Board, upon the recommendations of the Commission, finds that the increase or decrease is based upon an increase or decrease in the cost of doing business, or an increased cost of additional, better, or more comprehensive service.

D. In determining the proposed WMF for Collection Services, the Commission and the Board shall give due consideration to: the investment in facilities and equipment; the services of management; local wage scales; the concentration of collection service customers in the service area; methods and costs of storage, collection, transportation and disposal; the length of haul to disposal facilities; a reasonable return and operating margin for the owner(s) of the business; the future service demands of the area or site which must be anticipated in equipment, facilities, personnel or land; extra charges for special pickup or pickups on days where service is not normally provided on a route; extra charges where the type of character of solid waste or wastes, including, but not limited to wastes with peculiarly offensive odors, requires special handling or service; extra charges for providing janitorial services on the premises where service is provided; and extra costs for providing the opportunity to recycle under ORS 459 and 459A.

E. The Board may require an investigation by the Commission of any proposed WMF increase or decrease. For the purpose of making this investigation, the Commission, in cooperation with the Director, is authorized to hold public hearings, and to take and receive testimony relevant to the consideration to be made by the Board, in allowing or denying the WMF increases or decreases under this chapter. Upon completion of its investigation, the Commission shall make a report of the public hearing and shall make recommendations to the Board regarding the proposed WMF.

F. In considering WMF increases or decreases, the Board must find that the WMF will be just, fair, reasonable, and sufficient to provide required service to the public. The Board may consider the WMF charged by other persons performing the same or similar service in the same or other areas.

G. Where no WMF has been established for a particular type of service, the Commission may establish an interim WMF until the Board makes a final determination on the WMF for that type of service. In establishing such a WMF, the Commission shall give due consideration to all the factors established as a guideline for the Commission and Board in this Section.

[Codified by Ord. 05-2000, 7/13/00]

10.03.350 Waste Management Fee (WMF) Preference Prohibited

A. No Collection Service Franchise holder subject to Waste Management Fee (WMF) regulation under this chapter shall give any WMF preference to any person, locality, or type of solid waste or wastes or recyclable materials stored, collected, transported, disposed or utilized.

B. Nothing in this Section is intended to prevent:

1. The reasonable establishment of uniform classes of WMF for collection service based upon length of haul; type of solid waste or wastes or recyclable materials stored, collected, transported, disposed or utilized; the number, type, and location of customers served; or upon other factors as long as such WMF are reasonably based upon costs of the particular service and are approved by the Board in the same manner as other WMF.

2. Any Collection Service Franchisee from volunteering collection or recycling service at reduced cost for a charitable, community, civic or benevolent purpose.

[Codified by Ord. 05-2000, 7/13/00]

10.03.360 Responsibility for Payment Charges for Service

Any person who receives service shall be responsible for payment for such service. The owner of any premises shall be responsible for payment for services provided to those premises to the extent permitted by Oregon Law.

[Codified by Ord. 05-2000, 7/13/00]

10.03.370 Agreement for Joint Franchises

The Board may enter into agreements with any city or county for joint or regional franchising of collection or disposal service.

[Codified by Ord. 05-2000, 7/13/00]

10.03.380 Agreements for Allocation of Franchise Fees

The Board may enter into agreements with any city or county providing for allocation of franchise fees where the franchise service areas crosses city or county boundaries.

[Codified by Ord. 05-2000, 7/13/00]

10.03.390 Abatement

A. The accumulation, storage, collection, transportation, disposal, or illegal dumping of solid waste or wastes by any person in violation of this chapter, or regulations promulgated thereunder, is a nuisance, and the Board or County Counsel may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, and/or collection of a fine for the violation, or any other appropriate legal proceedings to temporarily, or permanently, enjoin or abate such accumulation, storage, collection, transportation, disposal, or illegal dumping.

B. It is unlawful for any person to collect, store, transport, dispose, utilize, destroy, vandalize in any fashion, steal or take source-separated recyclable materials set out or deposited for recycling collection, without the consent of the generator and the intended recipient of such materials, and without first obtaining a franchise, subcontract, recycling license or permit.

If any person is in violation of this Section, or this chapter, or the regulations thereunder, the Board or County Counsel may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, and/or collection of a fine for the violation or any other appropriate legal proceedings to temporarily, or permanently, enjoin or abate the violation.

C. In addition to the provisions of subsections A and B of this section, if any person is in violation of these Sections or this chapter, and the regulations thereunder, the Board or Director may, in addition to other remedies provided by law, refer said violation to the Compliance Hearings Officer pursuant to the Compliance Hearings Officer Chapter to abate the violation and/or collect civil penalties or costs for the violation.

D. The provisions of this Section are in addition to, and not in lieu of, any criminal prosecution as provided by this chapter or State law.

[Codified by Ord. 05-2000, 7/13/00]

10.03.400 Penalties

A violation of Section 10.03.060, 10.03.070, 10.03.080, 10.03.140, 10.03.310 or 10.03.340 of this chapter shall be punishable by a civil penalty in an amount set by resolution of the Board of County Commissioners, or any other penalty to the extent permitted by State law.

A penalty imposed for a violation of Section (E) of 10.03.080 may, in addition, be increased as permitted in ORS 459.108 to include all of the costs incurred by the County in removing rubbish, trash, debris, garbage, solid waste or wastes polluting substance unlawfully placed on the property and eliminating the effects of such unlawful placement.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 05-2003, 3/13/03]

10.03.410 Court Appeal

All decisions of the Board under this chapter shall be reviewable by the Circuit Court of the State of Oregon for the County of Clackamas by Writ of Review as provided in ORS 34.010 – 34.100.

[Codified by Ord. 05-2000, 7/13/00]

10.03.420 Appeals From Decisions of the Director or Commission

The Commission or the Board, upon their own motion, or upon the request of an interested person or affected public agency, may review decisions of the Director or Commission made pursuant to this chapter.

[Codified by Ord. 05-2000, 7/13/00]

Chapter 10.04: RECYCLING LICENSE

10.04.010 Purpose

The Board of County Commissioners of Clackamas County has determined that Chapter 459 of Oregon Revised Statutes, requires the County to develop a program of recycling recyclable materials, which includes public information and advertising to promote recycling; and, in order to further the development of recycling in Clackamas County, it would be appropriate to develop a recycling licensing program for those persons doing business as recyclers who are not covered under the Solid Waste and Waste Management Chapter. Accordingly, this chapter is enacted to promote recycling, collect information on recycling volumes, provide public education and promote the welfare of the citizens of Clackamas County. This chapter will raise funds from recycling operators who will benefit from the program, that will be used to offset the costs of administering the licensing program.

[Codified by Ord. 05-2000, 7/13/00]

10.04.020 Definitions

A. DEPOT OPERATOR means a person who does business from a location at which they receive and stores source-separated recyclable materials.

B. FAIR MARKET VALUE means the cash price (or its equivalent in terms of savings on collection and disposal fees) that is at least equal to the cost of collection and disposal of a recyclable material or group of recyclable materials, that would be purchased or exchanged, between the collector and the generator of said recyclable material or group of recyclable materials. Collection includes type, frequency, condition and extent of collection service.

C. PERSON means an individual person, partnership, joint venture, solicitor, association, club, trust, estate, corporation, or any other entity capable of doing business, but does not include cities or municipal or quasi—municipal corporations or political subdivisions of the State of Oregon.

D. RECYCLABLE MATERIALS means any waste 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 materials. Collection includes the type, frequency, condition and extent of collection service.

E. RECYCLING BROKER means a person who buys from a recycling operator and sells source-separated recyclable materials or a group of recyclable materials, or who collects them for the purpose of selling them at a profit. This does not include common carriers that only transport material, which they do not buy or sell.

F. RECYCLING OPERATOR means a person who collects and purchases and/or exchanges for fair market value from various locations within unincorporated Clackamas County, source-separated recyclable materials or group of recyclable materials. This does not include common carriers that only transport material, which they do not buy or sell.

G. RECYCLING RECEPTACLE OPERATOR means a person who does business delivering empty receptacles (containers or drop boxes) which they own or rent to various locations for the purpose of soliciting deposits of source-separated recyclable materials, and who returns periodically to collect the receptacles, or the materials deposited therein.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.04.030 License Required

No person shall operate a business within unincorporated Clackamas County as a depot operator, recycling broker, recycling receptacle operator or recycling operator without first paying a license fee and obtaining a recycling license under this chapter.

[Codified by Ord. 5-2000, 7/13/00]

10.04.040 Exemption

The following persons are exempt from the licensing requirement:

A. A person who sells their own source-separated recyclable material, or group of recyclable materials, generated from their residence or business, excluding those source-separated recyclable materials or group of recyclable materials generated by thheir tenant(s).

B. Persons who are authorized by permit or franchise, under the Clackamas County Solid Waste and Waste Management Chapter to collect recyclables.

C. Persons who transport recyclable materials from outside Clackamas County, or through Clackamas County, to markets within the County.

D. Persons who collect, dispose of, or recycle:

1. Renderings from animal products;

2. Forest products (not to include principal recyclable materials as determined by the State Department of Environmental Quality from time to time);

3. Industrial residues (not to include principal recyclable materials as determined by DEQ from time to time); or

4. Materials used for productive purposes in agricultural operations.

E. Persons licensed by the State of Oregon and engaged in conducting business as an auto wrecker or dismantler.

F. Any retail outlet that accepts used motor oil from the public at no charge.

G. Persons whom the County is prohibited from licensing under the Constitution or laws of the State of Oregon or of the United States.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.04.050 Term of License

Each license shall be dated as of the first day of the month in which it is issued, or when required to have been obtained, and shall expire one year from that date.

[Codified by Ord. 05-2000, 7/13/00]

10.04.060 Record Keeping

Each person required to be licensed under this chapter shall furnish to the Director of the Department of Transportation and Development of Clackamas County, on such forms as they shall provide, the following information:

A. The manner in which recyclables are being collected or received; and

B. The amounts of such materials received.

Such report shall be furnished every six months at times designated by the Director.

Failure to furnish such information as required by the Director shall be grounds for refusal to issue another recycling license upon expiration of the current license.

[Codified by Ord. 05-2000, 7/13/00; Amended by Ord. 03-2022, 7/21/22]

10.04.070 Fee

The Board of County Commissioners shall determine the fee for a recycling license issued under this chapter. Such fees shall be expended for programs which, in the opinion of the Director of the Department of Transportation and Development, will be used to police, promote, and report on recycling in Clackamas County.

[Codified by Ord. 05-2000, 7/13/00]

10.04.080 Fee as Debt

The fee imposed by this chapter, and any interest and penalties, shall be a debt due and owing to Clackamas County and may be collected by civil action in the name of Clackamas County. [Codified by Ord. 05-2000, 7/13/00]

10.04.090 Enforcement

In the case of violations of this chapter, County Counsel may initiate legal proceedings to enforce the terms and provisions of this chapter. Such proceedings may be commenced either by filing a complaint with the compliance Hearings Officer, or by filing a civil action in Circuit Court, or both. The County may, in addition to other remedies provided by law, institute injunction, mandamus, or other appropriate legal proceedings to temporarily or permanently enjoin such violation or collect any civil penalty or debt under this chapter. [Codified by Ord. 05-2000, 7/13/00]

10.04.100 Civil Penalty

The civil penalty for violation of this chapter shall be in an amount set by County Code Chapter 2.07 as determined by the Compliance Hearings Officer, or any other penalty to the extent permitted by state law.

[Codified by Ord. 05-2003, 7/13/00; Amended by Ord. 5-2003, 3/13/03]