[Ord. 20-1451]
The purpose of this chapter is to establish a process for determining whether local government actions comply with the Regional Waste Plan. The Council intends the process to be efficient and cost effective and to provide an opportunity for the Council to interpret the requirements of the Regional Waste Plan.
[Ord. 20-1451]
(a) 
A local government must comply with the Regional Waste Plan.
(b) 
Metro will notify each local government that is not in compliance with the Regional Waste Plan. The Chief Operating Officer will make findings regarding the non-compliance and will recommend actions that will bring the local government into compliance.
(c) 
A local government that receives a notice of non-compliance must respond to Metro in writing within 60 days from the date of the notification. The response must include:
An agreement to implement Metro’s recommended actions;
An alternate proposal for Metro’s consideration and approval that describes other actions that the local government will take to achieve compliance; or
A request for a compliance extension under Section 5.15.030.
(d) 
If a local government fails to respond as provided in subsection (c) or refuses to comply with the Regional Waste Plan requirements, the Chief Operating Officer may proceed to the non-compliance procedures under Section 5.15.040 and as set forth in administrative rules.
[Ord. 20-1451]
(a) 
Metro will notify each local government of the compliance date of all Regional Waste Plan requirements.
(b) 
A local government may seek an extension of time to comply with a Regional Waste Plan requirement by submitting a written request for an extension to Metro as set forth in administrative rules.
[Ord. 20-1451]
(a) 
The Council may review the Chief Operating Officer’s finding that a local government has not complied with the Regional Waste Plan requirements and performance standards. The process is set forth in administrative rules.
(b) 
If the Council finds that the local government action is out of compliance with the Regional Waste Plan or any related rules or provisions of the Metro Code, the Council may adopt a resolution that (1) identifies the noncompliant action; (2) directs changes in the local government action; and (3) requires any other action, including penalties.
(c) 
If the Council chooses not to review the Chief Operating Officer’s findings, the Chief Operating Officer will direct the necessary actions.
[Ord. 20-1451]
Metro will encourage a local government to use the technical and financial assistance programs provided by Metro to help the local government comply with the Regional Waste Plan requirements.
[Ord. 20-1451]
(a) 
The Chief Operating Officer may adopt administrative rules under the provisions set forth in Chapter 5.08 to govern the obligations under this chapter and implement all provisions of this chapter.
(b) 
In addition to the general administrative rulemaking authority in Chapter 5.08, the Chief Operating Officer also has explicit authority to establish by administrative rule:
(1) 
The procedures and timelines for seeking an extension for compliance.
(2) 
The process for review of the Chief Operating Officer’s findings per section 5.15.040.