[Ord. 81-111, § 15; Ord. 98-762C, §§ 8-9; Ord. 98-762C, § 40; Ord. 98-767, § 5; Ord. 00-866, § 3; Ord. 02-933, § 2; Ord. 02-974; Ord. 03-1018A, § 4; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
A Metro solid waste license is required of any person owning or controlling a facility at which the person performs any of the following activities:
(1) 
Processing non-putrescible waste.
(2) 
Processing petroleum contaminated soil by thermal destruction, distillation, bioremediation, or by any other methods that destroy or remove such petroleum contamination from the soil.
(3) 
Processing of yard debris or yard debris mixed with residential food waste.
(4) 
Reloading solid waste.
(5) 
Processing wood waste for use as an industrial fuel if such facility is otherwise regulated under this chapter.
(b) 
The annual fee for a solid waste license may not exceed $300.
(c) 
The application fee for a new or renewal license is $300. The application fee is due at the time of filing.
(d) 
The annual solid waste license fee is in addition to any other fee, tax or charge imposed upon a licensee.
(e) 
The licensee must pay the license fee in the manner and at the time required by the Chief Operating Officer.
[Ord. 98-762C, §§ 11-12; Ord. 02-974; Ord. 14-1332; Ord. 16-1387]
(a) 
An applicant for a new license must attend a pre-application conference. The purpose of the conference is to provide the applicant with information regarding the requirements for the proposed facility and to have the applicant describe the proposed facility’s location, site conditions and operations.
(b) 
If an applicant for a new license does not file an application for a license within one year from the date of the pre-application conference, the applicant must attend a subsequent pre-application conference before filing another application.
[Ord. 81-111, § 7; Ord. 82-136, § 2; Ord. 91-422B, § 3; Ord. 95-621A, § 5; Ord. 98-762C, § 13; Ord. 00-866, § 4; Ord. 02-974; Ord. 03-1018A, § 5; Ord. 04-1056, § 1; Ord. 05-1093, § 1; Ord. 06-1098B, § 1; Ord. 06-1101; Ord. 07-1139, § 1; Ord. 07-1161, § 1; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
An applicant for a new or renewal license must file the application on forms or in the format required by the Chief Operating Officer.
(b) 
The applicant must include a description of the activities the applicant proposes to conduct and a description of the waste it seeks to accept.
(c) 
A license application must also include the following information:
(1) 
Proof that the applicant can obtain the types of insurance specified by the Chief Operating Officer during the license term;
(2) 
A copy of all applications for necessary DEQ permits, any other information required by or submitted to DEQ, and a copy of any DEQ permits;
(3) 
A copy of any closure plan that DEQ requires, including documents demonstrating financial assurance for the costs of closure. If DEQ does not require a closure plan, the applicant must provide a closure document describing closure protocol for the solid waste facility at any point in its active life;
(4) 
Signed consent by the property owner(s) agreeing to the proposed property use. The consent must also disclose the applicant’s property interest and the duration of that interest. The consent must include a statement that the property owner(s) have read and agree to be bound by the provisions of Section 5.01.320(f) if Metro revokes the license or refuses any license renewal;
(5) 
Proof that the applicant has received proper land use approval; or, if the applicant has not obtained land use approval, then a written recommendation of the planning department of the local governmental unit having land use jurisdiction regarding new or existing disposal sites, or alterations, expansions, improvements or changes in the method or type of disposal at new or existing disposal sites. The recommendation may include, but is not limited to, a statement of compatibility of the site, the solid waste disposal facility located thereon and the proposed operation with the acknowledged local comprehensive plan and zoning requirements or with the statewide planning goals of the Land Conservation and Development Commission; and
(6) 
Any current permit and a list of anticipated permits that a governmental agency may require. If the applicant has previously applied for a permit, the applicant must provide a copy of that permit application and any permit that any other government agency granted.
[Ord. 98-762C, §§ 16-17; Ord. 02-974; Ord. 03-1018A, § 8; Ord. 06-1098B, § 2; Ord. 07-1138, § 1; Ord. 07-1139, § 2; Ord. 14-1332; Ord. 16-1387]
(a) 
The Chief Operating Officer may approve or deny license applications and impose conditions on any approved license as the Chief Operating Officer considers appropriate.
(b) 
The Chief Operating Officer may make any investigation regarding the application information as the Chief Operating Officers considers appropriate. This includes the right of entry onto the applicant's proposed site.
(c) 
Before approving or denying a license application, the Chief Operating Officer must provide public notice and an opportunity for public comment on the license application.
(d) 
The Chief Operating Officer will determine if the proposed license meets the requirements of Section 5.01.070 based on the:
(1) 
Submitted application,
(2) 
Chief Operating Officer's investigation regarding the application information, and
(3) 
Public comments.
(e) 
If the Chief Operating Officer does not approve or deny a new license application within 180 days after the applicant files a complete application, the license is deemed granted for the solid waste facility or activity requested in the application. The deadline for the Chief Operating Officer to approve or deny an application may be extended as provided in this section. If a license is issued pursuant to the subsection, then the license will contain the standard terms and conditions included in other comparable licenses issued by Metro.
(f) 
At any time after an applicant files a complete license application, the deadline for the Chief Operating Officer to approve or deny the application is extended if:
(1) 
The applicant substantially modifies the application during the review period, in which case the 180 days review period for the Chief Operating Officer to act is restarted as of the date Metro receives the applicant's modifications; or
(2) 
The applicant and Chief Operating Officer mutually agree to extend the deadline for a specified time period.
(g) 
An applicant may withdraw its application at any time before the Chief Operating Officer's decision and may submit a new application at any time thereafter.
(h) 
If the Chief Operating Officer denies a license request, the applicant may not file a new application for the same or substantially similar license for at least six months from the denial date.
[1]
Editor's Note: Former § 5.01.080, Term of Franchise, was repealed by Ord. 98-762C.
[Ord. 98-762C, §§ 16-17; Ord. 02-974; Ord. 03-1018A, § 8; Ord. 06-1098B, § 2; Ord. 07-1138, § 1; Ord. 07-1139, § 2; Ord. 14-1332; Ord. 16-1387; Ord. 17-1411; Ord. 23-1498]
(a) 
A license will specify authorized activities, the types and amounts of wastes the solid waste facility may accept, and any other conditions the Chief Operating Officer imposes.
(b) 
In addition to this section’s requirements, if a license authorizes the licensee to accept mixed non-putrescible waste for the purpose of conducting material recovery or reloading, the license is subject to the requirements of Section 5.01.260 and any corresponding rules, procedures, performance standards, design requirements, and operating requirements adopted pursuant to Chapter 5.08.
(c) 
The license must require that the facility operate in a manner that meets the following general performance goals:
(1) 
Environment. It is designed and operated to avoid undue threats to the environment including, but not limited to, stormwater or groundwater contamination, air pollution, and improper acceptance and management of hazardous waste asbestos and other prohibited wastes.
(2) 
Health and Safety. It is designed and operated to avoid conditions that may degrade public health and safety including, but not limited to, fires, vectors, pathogens and airborne debris.
(3) 
Nuisances. It is designed and operated to avoid nuisance conditions including, but not limited to, litter, dust, odors, and noise.
(4) 
Material Recovery. Facilities that conduct material recovery on non-putrescible waste must be designed and operated to recover materials in a timely manner, to meet standards in Section 5.01.260, and to protect the quality of non-putrescible waste that has not yet undergone material recovery.
(5) 
Reloading. Facilities that reload non-putrescible waste must be designed and operated to rapidly and efficiently reload and transfer that waste to a Metro authorized processing facility while protecting the quality of non-putrescible waste that has not yet undergone material recovery.
(6) 
Record-keeping. A licensee must maintain complete and accurate records of the amount of all solid waste and recyclable materials that it receives, recycles, reloads or disposes.
(d) 
A license term may not exceed five years, except that the Chief Operating Officer may extend the license term for up to one year.
[1]
Editor's Note: Former § 5.01.090, Right to Purchase, was repealed by Ord. 98-762C.
[Ord. 98-762C, §§ 38-39; Ord. 02-974; Ord. 14-1332; Ord. 16-1387]
(a) 
A licensee must maintain accurate records of the information that the Chief Operating Officer requires. A licensee must report the required information on the forms, in the format and within the reporting periods and deadlines that the Chief Operating Officer establishes. The licensee or its authorized representative must sign the report and certify it as accurate.
(b) 
A licensee must provide copies of any correspondence with any federal, state or local government agency related to the regulation of a solid waste facility within five days of the correspondence.
(c) 
A licensee must maintain records of any written complaints received from the public or a customer and retain them for not less than one year. This includes, but is not limited to, information regarding the nature of the complaint, the complainant’s name, address and phone number, the date the licensee received the complaint, and any response by the licensee to the complaint.
(d) 
A licensee must retain all records required by this chapter for three years (except for the complaint records in subsection (c)) and make them available for inspection by the Chief Operating Officer.
(e) 
Any information the licensee submits to Metro is public record and subject to disclosure pursuant to the Oregon Public Records Act, except that portion of the information that the licensee requests exception from disclosure consistent with Oregon Law.
[Ord. 98-762C, §§ 22-23; Ord. 98-767, § 3; Ord. 02-974; Ord. 03-1018A, § 11; Ord. 14-1332; Ord. 16-1387; Ord. 17-1411; Ord. 23-1498]
(a) 
The Chief Operating Officer is responsible for approving or denying a solid waste facility license renewal. The Chief Operating Officer will approve or deny a license renewal consistent with this section.
(b) 
A licensee seeking renewal of a license must submit a request as required by this section not less than 120 days before the license’s expiration date. The licensee must:
(1) 
File a completed application for renewal;
(2) 
Pay a $300 application fee; and
(3) 
Provide a statement of proposed material changes from the previous license application, along with any other information the Chief Operating Officer requires.
(c) 
The Chief Operating Officer must approve a solid waste facility license renewal unless the Chief Operating Officer determines that the proposed renewal is not in the public interest. The Chief Operating Officer may attach conditions to any renewed license.
(d) 
The Chief Operating Officer is not obligated to renew a license earlier than the expiration date of the existing license even if the renewal request is filed more than 120 days before the existing license expires.
[Ord. 81-111, § 10; Ord. 98-762C, § 24; Ord. 02-974; Ord. 03-1018A, § 12; Ord. 14-1332; Ord. 16-1387]
(a) 
A licensee must notify Metro within 10 days if the licensee leases, assigns, mortgages, sells or otherwise transfers control of the license to another person, whether whole or in part. The transferee of a license must meet the requirements of this chapter.
(b) 
The term for any transferred license is for the remainder of the original term unless the Chief Operating Officer establishes a different term.
[Ord. 98-762C, §§ 25-26; Ord. 98-767, § 4; Ord. 02-974; Ord. 03-1018A, § 13; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
A licensee must submit an application pursuant to Section 5.01.070 when the licensee requests authority to:
(1) 
Accept wastes other than those the license authorizes, or
(2) 
Perform activities other than those the license authorizes, or
(3) 
Modify other limiting conditions of the applicant's license.
(b) 
The licensee must file an application for a change in authorization or limits on forms or in the format provided by the Chief Operating Officer.
(c) 
An application for a change in authorizations or limits to the applicant's license does not substitute for an application that Metro would otherwise require under Section 5.01.050.
(d) 
A licensee must notify Metro in writing when the licensee proposes to cease accepting authorized wastes or cease performing authorized activities at the solid waste facility or disposal site.
(e) 
The application fee for changes of authorizations or limits is $100.
[1]
Editor's Note: Former § 5.01.130, Administrative Procedures for Franchisees, was repealed by Ord. 98-762C.
[Ord. 81-111, § 12; Ord. 98-762C, § 27; Ord. 02-974; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
The Chief Operating Officer may grant specific variances from particular requirements of this chapter to applicants for licenses or to licensees to protect public health, safety and welfare.
(b) 
In order to grant a variance, the Chief Operating Officer must find that the licensee or applicant can achieve the purpose and intent of the particular license requirement without compliance and that compliance with the particular requirement:
(1) 
Is inappropriate because of conditions beyond the applicant’s or licensee’s control; or
(2) 
Would be rendered extremely burdensome or highly impractical due to special physical conditions or causes.
(c) 
A licensee or applicant must request a variance in writing and must concisely state why the Chief Operating Officer should grant the variance. The Chief Operating Officer may investigate the request as the Chief Operating Officer considers necessary.
(d) 
The Chief Operating Officer must approve or deny the variance request within 60 days.
(e) 
A request for a variance does not substitute for an application that Metro would otherwise require under Section 5.01.050.
(f) 
If the Chief Operating Officer denies a variance request, the Chief Operating Officer must notify the person requesting the variance of the right to a contested case hearing pursuant to Chapter 2.05.
(g) 
If the Chief Operating Officer denies a request for a variance, the requesting party may not file a new application for the same or substantially similar variance for at least six months from the date of denial.