[1]
Editor's Note: Ch. 5.01 was formerly titled "Disposal Site Franchising" and renamed by Ord. 95-621A.
[Ord. 81-111, § 3; Ord. 95-621A, § 2; Ord. 98-762C, §§ 2-3; Ord. 02-974; Ord. 16-1387; Ord. 19-1432; Ord. 23-1498]
(a) 
This chapter governs the regulation of solid waste disposal sites and solid waste facilities within Metro. The purposes of this chapter are to:
(1) 
Protect and preserve the health, safety and welfare of Metro's residents;
(2) 
Implement the Regional Waste Plan cooperatively with federal, state and local agencies;
(3) 
Provide a coordinated regional disposal and resource recovery program and a solid waste management plan to benefit all residents of Metro; and
(4) 
Reduce the volume of solid waste disposal through source reduction, recycling, reuse and resource recovery.
(b) 
The provisions of this chapter will be liberally construed to accomplish these purposes.
[1]
Editor's Note: Former § 5.01.010, Definitions, was repealed by Ord. 14-1331.
[Ord. 98-762C, §§ 4-5; Ord. 02-974; Ord. 16-1387]
(a) 
Metro’s solid waste regulatory authority is derived from the Oregon Constitution, ORS Chapter 268 for solid waste and the Metro Charter. It includes authority to regulate solid waste generated or disposed within Metro and all solid waste facilities located within Metro.
(b) 
All solid waste regulation is subject to the authority of all other applicable laws, regulations or requirements in addition to those contained in this chapter. Nothing in this chapter is intended to abridge or alter the rights of action by the State or by a person which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
[Ord. 81-111, § 4; Ord. 87-217, § 1; Ord. 95-621A, § 3; Ord. 98-762C, § 6; Ord. 02-974; Ord. 03-1018A, § 2; Ord. 06-1102, § 1; Ord. 16-1387; Ord. 23-1498]
Except as otherwise provided in this chapter, or in Chapter 5.05, it is unlawful for:
(a) 
Any person to establish, operate, maintain or expand a solid waste facility or disposal site within Metro without an appropriate license or franchise from Metro.
(b) 
Any person or solid waste facility to either (1) mix source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal, or (2) to dispose of source-separated recyclable material by any method other than reuse or recycling. As used in this subsection, "reuse or recycling" includes the transfer, transport or delivery of such materials to a person or facility that will reuse or recycle them.
(c) 
A licensee or franchisee to receive, process or dispose of any solid waste unless authorized by the license or franchise.
(d) 
Any person to transport any solid waste to or to dispose of any solid waste at any place other than a solid waste facility or disposal site that is operated by a licensee or franchisee or is otherwise exempt under Section 5.01.040.
(e) 
A licensee or franchisee to violate or fail to meet the rules, performance standards, procedures, and forms adopted pursuant to Chapter 5.08.
(f) 
Any person to treat or dispose of petroleum contaminated soil by ventilation or aeration except at the site of origin.
(g) 
Any person to store electronic device waste uncovered and outside of a roofed structure.
[Ord. 81-111, § 5; Ord. 82-136, § 1; Ord. 91-422B, § 2; Ord. 95-621A, § 4; Ord. 98-762C, § 7; Ord. 00-866, § 2; Ord. 02-933, § 1; Ord. 02-974; Ord. 03-1018A, § 3; Ord. 06-1102, § 2; Ord. 07-1147B, § 2; Ord. 16-1387; Ord. 17-1411; Ord. 23-1498]
(a) 
The provisions of this chapter do not apply to a:
(1) 
Municipal or industrial sewage treatment plant accepting sewage, sludge, septic tank and cesspool pumpings or other sludge.
(2) 
Disposal site, transfer station, or solid waste facility owned or operated by Metro, except that Metro must pay regional system fees per Section 5.01.300.
(3) 
Conversion technology facility that exclusively receives non-putrescible waste for use as feedstock that has been:
(A) 
Extracted from other solid waste: and
(B) 
Processed to meet prescribed specifications for direct introduction into a conversion technology process.
(4) 
Specific material recycler that receives and processes a single type of non-putrescible recyclable material that holds intrinsic value in established reuse and recycling markets such as scrap metal, plastic, paper or similar commodities.
(5) 
Facility that exclusively receives, processes, transfers or disposes of inert waste.
(6) 
Person who generates and maintains residential compost piles for residential garden or landscaping purposes.
(7) 
Residence, park, community garden and homeowner association.
(8) 
University, school, hospital, golf course, industrial park, and other similar facility, if the landscape waste or yard debris was generated from the facility's own activities, the product remains on the facility grounds, and the product is not offered for off-site sale or use.
(9) 
An operation or facility that processes wood wastes, unless:
(A) 
The wood wastes are processed for composting; or
(B) 
The operation or facility is otherwise regulated under this chapter.
(10) 
Temporary transfer station or processing center established and operated by a government for 60 days or less to temporarily receive, store or process solid waste, provided that Metro finds an emergency situation exists.
(11) 
Person who owns or operates a mobile facility that processes petroleum contaminated soil at the site of origin and retains any treated petroleum contaminated soil on the site of origin.
(b) 
Notwithstanding Section 5.01.040(a), all persons must comply with Sections 5.01.030(a), (b), (d) and (f).
(c) 
The provisions of Section 5.01.290 apply to the activities and facilities described in Sections 5.01.040(a)(3) through 5.01.040(a)(11).