[Ord. 98-762C, §§ 8-9; Ord. 00-866, § 3; Ord. 02-933, § 2; Ord. 03-1018A, § 4; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
A Metro solid waste franchise is required of any person owning or controlling a facility at which the person performs any of the following activities:
(1) 
Processing putrescible waste other than yard debris and yard debris mixed with residential food waste.
(2) 
Operating a transfer station.
(3) 
Operating a disposal site or an energy recovery facility.
(4) 
Any process using chemical or biological methods whose primary purpose is reduction of solid waste weight or volumes.
(5) 
Any other activity not listed in this section or exempted by Metro Code Section 5.01.040.
(b) 
The annual fee for a solid waste franchise is $500.
(c) 
The franchise fee is in addition to any other fee, tax or charge imposed upon a franchisee.
(d) 
The franchisee must pay the franchise fee in the manner and at the time required by the Chief Operating Officer.
(e) 
The application fee for a new or renewal franchise is $500. The application fee is due at the time of filing.
[Ord. 98-762C, §§ 11-12; Ord. 02-974; Ord. 14-1332; Ord. 16-1387]
(a) 
An applicant for a new franchise 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 franchise does not file an application for a franchise within one year from the date of the pre-application conference, the applicant must attend a subsequent pre-application conference before filing any application.
[1]
Editor's Note: Former § 5.01.160, Reports from Collection Services, was repealed by Ord. 98-762C.
[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]
(a) 
An applicant for a new or renewal franchise 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) 
An application for a franchise must include the following information:
(1) 
Proof that the applicant can obtain the types of insurance specified by the Chief Operating Officer during the franchise 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 cost 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 property’s proposed 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 franchise or refuses any franchise 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 director 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 any other governmental agency may require. If the applicant has previously applied for other permits, the applicant must provide a copy of the permit application and any permit that another governmental agency granted as a result.
(d) 
An analysis of the factors described in Section 5.01.180(f) must accompany an application for a franchise.
[Ord. 98-762C, §§ 19-20; Ord. 02-974; Ord. 03-1018A, § 10; Ord. 07-1138, § 2; Ord. 14-1332; Ord. 16-1387; Ord. 19-1432; Ord. 23-1498]
(a) 
The Chief Operating Officer will review franchise applications filed under Section 5.01.170. Council may approve or deny the franchise application.
(b) 
The Chief Operating Officer may make any investigation regarding the application information as the Chief Operating Officer considers appropriate. This includes the right of entry onto the applicant's proposed site.
(c) 
Upon the basis of the application, evidence submitted and results of the investigation, the Chief Operating Officer will make a recommendation regarding whether the:
(1) 
Applicant is qualified;
(2) 
Proposed franchise complies with the Regional Waste Plan;
(3) 
Proposed franchise meets the requirements of Section 5.01.170; and
(4) 
Applicant has complied or can comply with all other applicable regulatory requirements.
(d) 
The Chief Operating Officer will provide the recommendations required by subsection (c) to the Council, together with the Chief Operating Officer's recommendation regarding whether Council should grant or deny the application. If the Chief Operating Officer recommends that Council grant the application, the Chief Operating Officer may also recommend specific conditions of the franchise.
(e) 
After Council receives the Chief Operating Officer’s recommendation, the Council will issue an order granting or denying the application. The Council may attach conditions to the order or limit the number of franchises granted. If the Council issues an order to deny the application, the order is effective immediately.
(f) 
The Council will consider the following factors when determining whether to issue a franchise:
(1) 
Whether the applicant has demonstrated that the proposed solid waste facility and authorized activities will be consistent with the Regional Waste Plan;
(2) 
The effect that granting a franchise will have on the cost of solid waste disposal and recycling services for the residents of the region;
(3) 
Whether granting a franchise is likely to adversely affect the health, safety and welfare of Metro's residents in an unreasonable manner;
(4) 
Whether granting a franchise is likely to adversely affect nearby residents, property owners or the existing character or expected future development of the surrounding neighborhood in an unreasonable manner;
(5) 
Whether the applicant has demonstrated the strong likelihood that it will comply with all requirements and standards of this chapter, the administrative rules and performance standards adopted pursuant to Chapter 5.08 and other applicable local, state and federal laws, rules, regulations, ordinances, orders or permits pertaining in any manner to the proposed franchise.
(g) 
If the Council does not approve or deny a new franchise application within 180 days after the applicant files a complete application the franchise is deemed granted for the solid waste facility or disposal site requested in the application. The deadline for the Council to approve or deny an application may be extended as provided in this section. If a franchise is issued pursuant to the subsection, then the franchise will contain the standard terms and conditions included in other comparable franchises issued by Metro.
(h) 
At any time after an applicant files a complete franchise application, the deadline for the Council to approve or deny the application is extended if:
(1) 
The Council extends the deadline for up to an additional 60 days, which the Council may do only once for any single application;
(2) 
The applicant substantially modifies the application during the review period, in which case the 180 days review period for the Council to act is restarted as of the date Metro receives the applicant's modifications; or
(3) 
The applicant and Chief Operating Officer mutually agree to extend the deadline for a specified time period.
(i) 
An applicant may withdraw its application at any time before the Council's decision and may submit a new application at any time thereafter.
(j) 
If the Council denies a franchise request, the applicant may not file a new application for the same or substantially similar franchise for at least six months from the denial date.
(k) 
A franchise term may not exceed five years, except that the Chief Operating Officer may extend the term of a franchise for up to one year.
[Ord. 98-762C, §§ 19-20; Ord. 02-974; Ord. 03-1018A, § 10; Ord. 07-1138, § 2; Ord. 14-1332; Ord. 16-1387; Ord. 23-1498]
(a) 
The franchise is the Council’s grant of authority to accept the waste and perform the activity or activities described in the franchise, the conditions under which these activities may take place and the conditions under which Metro may revoke the authority.
(b) 
Franchises must be in writing and include:
(1) 
The term of the franchise;
(2) 
The specific activities the franchisee may perform and the types and amounts of waste the franchisee may accept at the solid waste facility;
(3) 
Any other conditions the Council considers necessary to ensure the franchisee complies with the intent and purpose of this chapter; and
(4) 
Indemnification of Metro in a form acceptable to the Metro Attorney.
(c) 
A franchise that authorizes a franchisee to accept mixed non-putrescible waste for the purpose of conducting material recovery or reloading is subject to the rules, procedures, performance standards, design requirements, and operating requirements adopted pursuant to Chapter 5.08. The franchise 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 franchisee must maintain complete and accurate records of the amount of all solid waste and recyclable materials that it receives, recycles, reloads or disposes.
[Ord. 18-1426]
(a) 
The Chief Operating Officer will allocate putrescible waste tonnage amounts to a transfer station in accordance with the allocation methodology under applicable administrative rule and this chapter’s requirements.
(b) 
The Chief Operating Officer may allocate tonnage to either a transfer station that is franchised under this chapter or a transfer station that is designated under Chapter 5.05.
(c) 
In addition to the allocation methodology factors adopted by administrative rule, the Chief Operating Officer may also consider the following factors when allocating tonnage amounts annually:
(1) 
The public benefits to the regional solid waste system;
(2) 
How the allocation will affect the regional solid waste system;
(3) 
How the allocation will affect the proportional amount of regional tonnage reserved for Metro’s transfer stations (a minimum of 40 percent of the regional tonnage is to be reserved for Metro transfer stations);
(4) 
The proportional amount of regional tonnage allocated to companies;
(5) 
The rate that the transfer station charges for accepting putrescible waste; and
(6) 
Any other factor the Chief Operating Officer considers relevant to achieve the purposes and intent of this section.
(d) 
The Chief Operating Officer may further adjust a transfer station’s tonnage allocation at other times if it is in the public interest and necessary to address a significant disruption as defined in Chapter 5.00. An adjustment under this subsection does not require Council approval.
(e) 
The Chief Operating Officer may not allocate more than 40 percent of the available regional tonnage to any combination of transfer stations owned by the same company.
[Ord. 14-1332; Ord. 16-1387]
(a) 
A franchisee must maintain accurate records of the information the Chief Operating Officer requires and report that information on the forms or in the format and within the reporting periods and deadlines that the Chief Operating Officer establishes. A franchisee’s authorized representative must sign the report and certify it as accurate.
(b) 
A franchisee 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 franchisee 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 franchisee received the complaint, and any response by the franchisee to the complaint.
(d) 
A franchisee must retain all records required by this chapter (except for the complaint records in subsection (c)) for three years and allow the Chief Operating Officer to inspect them.
(e) 
All information that the franchisee 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 franchisee 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 Council approves or denies a solid waste facility franchise renewal. A franchisee seeking renewal of a franchise must submit a request as required by this section not less than 120 days before the franchise’s expiration date. The franchisee must:
(1) 
File a completed application for renewal;
(2) 
Pay a $500 application fee; and
(3) 
Provide a statement of proposed material changes from the previous franchise application along with any other information the Chief Operating Officer or the Council requires.
(b) 
The Chief Operating Officer will make a recommendation regarding whether the renewal meets the criteria in Section 5.01.180. The Council must approve renewal of a solid waste facility franchise unless the Council determines that the proposed renewal is not in the public interest or does not meet the criteria outlined in Section 5.01.180. The Council may attach conditions or limitations to the renewed franchise.
(c) 
The Council is not obligated to renew a franchise earlier than the franchise’s expiration date even if the franchisee files a renewal request more than 120 days before the existing franchise expires.
[1]
Editor's Note: Former § 5.01.210, Acceptance of Tires at a Disposal Site, was repealed by Ord. 98-762C.
[Ord. 81-111, § 10; Ord. 98-762C, § 24; Ord. 02-974; Ord. 03-1018A, § 12; Ord. 14-1332; Ord. 16-1387]
(a) 
A franchisee must notify Metro within 10 days if the franchisee leases, assigns, mortgages, sells or otherwise transfers control of the franchise to another person, whether whole or in part. The transferee of a franchise must meet the requirements of this chapter.
(b) 
The term for any transferred franchise is for the remainder of the original term unless the Council establishes a different term.
[1]
Editor's Note: Former § 5.01.220, Additional Provisions Relating to Issuance of a Franchise for a Facility Processing Petroleum Contaminated Soil, was repealed by Ord. 98-762C.
[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 franchisee must submit an application pursuant to Section 5.01.170 when the franchisee requests authority to:
(1) 
Accept wastes other than those the franchise authorizes, or
(2) 
Perform activities other than those the franchise authorizes, or
(3) 
Modify other limiting conditions of the applicant's franchise.
(b) 
The franchisee 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 authorization or limits to the applicant's franchise does not substitute for an application that Metro would otherwise require under Section 5.01.150.
(d) 
A franchisee must notify Metro in writing when the franchisee 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 § 5.01.230, Additional Provisions Relating to the Licensing of Yard Debris Processing, 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) 
Upon the Chief Operating Officer’s recommendation, the Council may grant specific variances from particular requirements of this chapter to applicants for franchises or to franchisees upon conditions the Council considers necessary to protect public health, safety and welfare.
(b) 
In order to grant a variance, the Council must find that the franchisee can achieve the purpose and intent of the particular franchise requirement without compliance and that compliance with the particular requirement:
(1) 
Is inappropriate because of conditions beyond the applicant’s or franchisee’s control; or
(2) 
Would be rendered extremely burdensome or highly impractical due to special physical conditions or causes.
(c) 
A franchisee or applicant must request a variance in writing and must concisely state why Council should grant the variance. The Chief Operating Officer may make an investigation as the Chief Operating Officer considers necessary.
(d) 
The Chief Operating Officer must recommend to the Council whether to approve or deny the variance within 120 days after Metro receives the variance request.
(e) 
A request for a variance does not substitute for an application that Metro would otherwise require under Section 5.01.150.
(f) 
If the Council 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 Council 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 denial date.