[Ord. 81-111, § 13; Ord. 98-762C, § 28; Ord. 02-974; Ord. 03-1018A, § 15; Ord. 16-1387; Ord. 17-1411; Ord. 23-1498]
All persons regulated by this chapter must:
(a) 
Allow the Chief Operating Officer reasonable access to the premises for purposes of inspection and audit to determine compliance with this chapter, the Code, the license or franchise, and the performance standards and administrative rules adopted pursuant to Chapter 5.08.
(b) 
Ensure that solid waste transferred from the facility goes to the appropriate destination under this chapter, Chapter 5.05, and other applicable local, state and federal laws, rules, regulations, ordinances, orders and permits.
(c) 
Maintain insurance during the license or franchise term in the amounts specified in the license or franchise or any other amounts as state law may require for public contracts, and to give 30 days’ written notice to the Chief Operating Officer of any lapse or proposed cancellation of insurance coverage or performance bond.
(d) 
Indemnify and save harmless Metro, the Council, the Chief Operating Officer, Metro employees and Metro agents from any and all loss, damage, claim, expense including attorney's fees, or liability related to or arising out of the licensee's or franchisee's performance of or failure to perform any of its obligations under the license or franchise or this chapter.
(e) 
Agree to no recourse whatsoever against Metro or its officials, agents or employees for any loss, costs, expense or damage arising out of:
(1) 
Any provision or requirement of the license or franchise;
(2) 
Metro’s enforcement of the license or franchise; or
(3) 
Any determination that a license or franchise or any part thereof is invalid.
[Ord. 98-762C, §§ 30-31; Ord. 00-866, § 5; Ord. 01-916C, § 4; Ord. 02-952A, § 1; Ord. 03-1018A, § 16; Ord. 07-1147B, § 3; Ord. 12-1272, § 3; Ord. 13-1306, § 3; Ord. 16-1387; Ord. 17-1411; Ord. 18-1426; Ord. 23-1498]
(a) 
A solid waste facility that receives non-putrescible waste and is subject to licensing or franchising under this chapter must:
(1) 
Perform material recovery from non-putrescible waste that it receives at the facility as specified in this section or as otherwise specified in its license or franchise, or
(2) 
Transport the non-putrescible waste to a solid waste facility authorized by Metro to recover useful materials from solid waste.
(b) 
Notwithstanding subsection (a) above, a facility that exclusively receives non-putrescible source-separated recyclable material is not subject to the requirements of this section.
(c) 
A licensee or franchisee subject to subsection (a) must:
(1) 
Process non-putrescible waste accepted at the facility and delivered in drop boxes and self-tipping trucks to recover cardboard, wood, and metals, including aluminum. The processing residual may not contain more than 15 percent, by total combined weight, of cardboard or wood pieces of greater than 12 inches in size in any dimension and metal pieces greater than eight inches in size in any dimension.
(2) 
Take quarterly samples of processing residual that are statistically valid and representative of the facility’s residual (not less than a 300-pound sample) and provide results of the sampling to Metro in the monthly report due the month following the end of that quarter.
(d) 
Based on observation, audits, inspections and reports, Metro inspectors will conduct or require additional analysis of waste residual at the facility in accordance with Section 5.01.290(c). Failure to maintain the recovery level specified in Section 5.01.260(c)(1) is a violation enforceable under Metro Code. Metro will not impose a civil penalty on the first two violations of this subsection by a single licensee or franchisee.
(e) 
Failure to meet the reporting requirements in subsection (c)(2) is a violation enforceable under Metro Code.
(f) 
A transfer station franchisee:
(1) 
Must accept putrescible waste originating within the Metro boundary only from persons who are franchised or permitted by a local government unit to collect and haul putrescible waste.
(2) 
Must not accept hazardous waste unless the franchisee provides written authorization from the DEQ or evidence of exemption from such requirement.
(3) 
Is limited in accepting putrescible waste during any year to an amount of putrescible waste as established by the Council in approving the transfer station franchise application.
(4) 
Must provide an area for collecting source-separated recyclable materials without charge at the franchised solid waste facility, or at another location more convenient to the population being served by the franchised solid waste facility.
(5) 
Must serve the public interest of the region by serving all haulers collecting solid waste inside the region; and
(6) 
Must serve the public interest of the region by serving all haulers collecting solid waste inside the transfer station’s waste shed.
Any person may request or the Chief Operating Officer may initiate an investigation of a franchisee to ensure that it complies with this section.
(g) 
A reload facility licensee must transport all non-putrescible waste received at the facility to a solid waste facility authorized by Metro to recover useful materials from solid waste.
(h) 
A solid waste facility licensee or franchisee cannot crush, grind or otherwise reduce the size of non-putrescible waste unless the:
(1) 
Size reduction is a specific step in the facility’s material recovery operations, reload operations, or processing residual consolidation or loading operations; and
(2) 
Licensee or franchisee described the size reduction in a Metro-approved operating plan.
[Ord. 98-762C, §§ 32-33; Ord. 02-974; Ord. 16-1387; Ord. 17-1411; Ord. 23-1498]
A franchisee authorized by Metro to deliver putrescible waste directly to a disposal site must:
(a) 
Transport the putrescible waste to Metro's contract operator for disposal of putrescible waste;
(b) 
Comply with the performance standards for management of unacceptable waste adopted by the Chief Operating Officer pursuant to Chapter 5.08; and
(c) 
Provide transportation or arrange for transportation by a transportation service provider that complies with the following performance standards for long-haul transportation by highway:
(1) 
All solid waste transported through the city limits of Arlington, Oregon, is subject to any routing, timing, parking or other operational requirements established by the city of Arlington.
(2) 
All equipment satisfies all federal, state, and local regulations. In addition, the use of exhaust brakes is prohibited.
(3) 
All solid waste is transported in completely sealed containers with leak–proof design considered wind–, water–, and odor–tight, and is capable of withstanding arduous, heavy–duty, repetitive service associated with the long–haul transport of solid waste. Containers using tarps or flip-tops are prohibited. Any spillage from the transport vehicles is prohibited.
(4) 
The average weight of solid waste payloads transported during each calendar month is not less than 25 tons.
(5) 
Any staging areas used is located in areas outside or excluded from the Columbia River Gorge National Scenic Area (NSA).
(6) 
All transport vehicles use only designated stopping points outside the Columbia River Gorge NSA except in cases of emergency.
(7) 
Use of rest areas, turnouts, scenic vista points, and state parks is limited to cases of emergency.
(8) 
Transportation is prohibited in the Columbia River Gorge NSA during the following times:
(A) 
4:00 p.m. to 10:00 p.m. Friday afternoons in June, July, August, and September.
(B) 
Daylight hours on Saturdays in June, July, August, and September.
(C) 
All hours on Sunday in June, July, August, and September.
(9) 
All solid waste is transported by use of vehicles utilizing splash and spray suppressant devices behind each wheel, and utilizing rain suppressant side flaps on all non-turning axles.
(10) 
All solid waste is transported by use of vehicles and equipment that is suitably painted and presents an acceptable appearance.
(11) 
A franchisee representative and its transportation carrier must annually meet with the gorge communities and interested parties to receive input and discuss issues related to transportation of solid waste.
(12) 
The franchisee must report to Metro any accidents, citations, and vehicle inspections involving vehicles of the franchisee’s transportation carrier during the transporting of solid waste on behalf of the franchisee.
(13) 
A franchisee representative and its transportation carrier must meet monthly with Metro to discuss operational problems, complaints and any extraordinary occurrences.
(14) 
The franchisee must immediately report any violations of this subsection to Metro.