Bill Text: OR SB462 | 2013 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to composting; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB462 Detail]
Download: Oregon-2013-SB462-Amended.html
Bill Title: Relating to composting; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-03 - Effective date, June 26, 2013. [SB462 Detail]
Download: Oregon-2013-SB462-Amended.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
SA to SB 462
LC 184/SB 462-4
SENATE AMENDMENTS TO
SENATE BILL 462
By COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC DEVELOPMENT
April 23
On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
' { + SECTION 1. + } { + (1) As used in this section:
' (a) 'Compost' has the meaning given that term in ORS 459.005.
' (b) 'Disposal site' has the meaning given that term in ORS
459.005.
' (c) 'Local government' has the meaning given that term in ORS
174.116.
' (2) Before applicant may submit an application under ORS
215.402 to 215.438 for land use approval to establish or modify a
disposal site for composting that requires a permit issued by the
Department of Environmental Quality, as provided in subsection
(3) of this section, the applicant shall:
' (a) Request and attend a preapplication conference described
in subsections (4) to (6) of this section; and
' (b) Hold a preapplication community meeting described in
subsections (7) to (9) of this section.
' (3) Subsection (2) of this section applies to an application
to:
' (a) Establish a disposal site for composting that sells or
offers product for sale; or
' (b) Allow an existing disposal site for composting that sells
or offers product for sale to:
' (A) Accept as feedstock nonvegetative materials, including
dead animals, meat, dairy products and mixed food waste; or
' (B) Change operations in a manner that triggers a requirement
for a new land use approval.
' (4) During the preapplication conference:
' (a) The applicant shall provide information about the
proposed disposal site for composting and proposed operations for
composting and respond to questions about the site and
operations.
' (b) The county with land use jurisdiction over the proposed
disposal site for composting and the other representatives
described in subsection (5) of this section shall inform the
applicant of permitting requirements to establish and operate the
proposed disposal site for composting and provide all application
materials to the applicant.
' (5) The applicant shall submit a written request to the
county with land use jurisdiction to request a preapplication
conference with a representative of the planning department of
the county, a representative of the Department of Environmental
Quality and, as necessary or appropriate, representatives of:
' (a) Any other state agency or local government that has
authority to approve or deny a permit, license or other
certification required to establish or operate the proposed
disposal site for composting.
' (b) A state agency, a local government or a private entity
that provides or would provide to the proposed disposal site for
composting one or more of the following:
' (A) Water systems.
' (B) Wastewater collection and treatment systems, including
storm drainage systems.
' (C) Transportation systems or transit services.
' (c) A city or county with territory within its boundaries
that may be affected by the proposed disposal site for
composting.
' (d) The Department of Land Conservation and Development.
' (e) The State Department of Agriculture.
' (6) The county with land use jurisdiction may use
preapplication procedures, if any, in the acknowledged land use
regulations of the county, consistent with the requirements that
the county shall:
' (a) Provide notice of the preapplication conference to the
entities described in subsection (5) of this section by mail and,
as appropriate, in any other manner that ensures adequate notice
and opportunity to participate;
' (b) Hold the preapplication conference at least 20 days and
not more than 40 days after receipt of the applicant's written
request; and
' (c) Provide preapplication notes to each attendee of the
conference and the other entities described in subsection (5) of
this section for which a representative does not attend the
preapplication conference.
' (7) After the preapplication conference and before submitting
the application for land use approval, the applicant shall:
' (a) Hold a community meeting within 60 days after the
preapplication conference:
' (A) In a public location in the county with land use
jurisdiction; and
' (B) On a business day, or Saturday, that is not a holiday,
with a start time between the hours of 6 p.m. and 8 p.m.
' (b) Provide notice of the community meeting to:
' (A) The owners of record, on the most recent property tax
assessment roll, of real property located within one-half mile of
the real property on which the proposed disposal site for
composting would be located;
' (B) The resident or occupant that receives mail at the
mailing address of the real property described in subparagraph
(A) of this paragraph if the mailing address of the owner of
record is not the mailing address of the real property;
' (C) Neighborhood and community organizations recognized by
the governing body of the county if a boundary of the
organization is within one-half mile of the proposed disposal
site for composting;
' (D) A newspaper that meets the requirements of ORS 193.020
for publication;
' (E) Local media in a press release; and
' (F) The entities described in subsection (5) of this section.
' (8) During the community meeting, the applicant shall provide
information about the proposed disposal site for composting and
proposed operations for composting and respond to questions about
the site and operations.
' (9) The applicant's notice provided under subsection (7)(b)
of this section must include:
' (a) A brief description of the proposed disposal site for
composting;
' (b) The address of the location of the community meeting; and
' (c) The date and time of the community meeting. + }
' { + SECTION 2. + } { + (1) As used in this section:
' (a) 'Compost' has the meaning given that term in ORS 459.005.
' (b) 'Disposal site' has the meaning given that term in ORS
459.005.
' (c) 'Local government' has the meaning given that term in ORS
174.116.
' (2) Before an applicant may submit an application under ORS
227.160 to 227.186 for land use approval to establish or modify a
disposal site for composting that requires a permit issued by the
Department of Environmental Quality, as provided in subsection
(3) of this section, the applicant shall:
' (a) Request and attend a preapplication conference described
in subsections (4) to (6) of this section; and
' (b) Hold a preapplication community meeting described in
subsections (7) to (9) of this section.
' (3) Subsection (2) of this section applies to an application
to:
' (a) Establish a disposal site for composting that sells or
offers product for sale; or
' (b) Allow an existing disposal site for composting that sells
or offers product for sale to:
' (A) Accept as feedstock nonvegetative materials, including
dead animals, meat, dairy products and mixed food waste; or
' (B) Change operations in a manner that triggers a requirement
for a new land use approval.
' (4) During the preapplication conference:
' (a) The applicant shall provide information about the
proposed disposal site for composting and proposed operations for
composting and respond to questions about the site and
operations.
' (b) The city with land use jurisdiction over the proposed
disposal site for composting and the other representatives
described in subsection (5) of this section shall inform the
applicant of permitting requirements to establish and operate the
proposed disposal site for composting and provide all application
materials to the applicant.
' (5) The applicant shall submit a written request to the city
with land use jurisdiction to request a preapplication conference
with a representative of the planning department of the city, a
representative of the Department of Environmental Quality and, as
necessary or appropriate, representatives of:
' (a) Any other state agency or local government that has
authority to approve or deny a permit, license or other
certification required to establish or operate the proposed
disposal site for composting.
' (b) A state agency, a local government or a private entity
that provides or would provide to the proposed disposal site for
composting one or more of the following:
' (A) Water systems.
' (B) Wastewater collection and treatment systems, including
storm drainage systems.
' (C) Transportation systems or transit services.
' (c) A city or county with territory within its boundaries
that may be affected by the proposed disposal site for
composting.
' (d) The Department of Land Conservation and Development.
' (e) The State Department of Agriculture.
' (6) The city with land use jurisdiction may use
preapplication procedures, if any, in the acknowledged land use
regulations of the city, consistent with the requirements that
the city shall:
' (a) Provide notice of the preapplication conference to the
entities described in subsection (5) of this section by mail and,
as appropriate, in any other manner that ensures adequate notice
and opportunity to participate;
' (b) Hold the preapplication conference at least 20 days and
not more than 40 days after receipt of the applicant's written
request; and
' (c) Provide preapplication notes to each attendee of the
conference and the other entities described in subsection (5) of
this section for which a representative does not attend the
preapplication conference.
' (7) After the preapplication conference and before submitting
the application for land use approval, the applicant shall:
' (a) Hold a community meeting within 60 days after the
preapplication conference:
' (A) In a public location in the city with land use
jurisdiction; and
' (B) On a business day, or Saturday, that is not a holiday,
with a start time between the hours of 6 p.m. and 8 p.m.
' (b) Provide notice of the community meeting to:
' (A) The owners of record, on the most recent property tax
assessment roll, of real property located within one-half mile of
the real property on which the proposed disposal site for
composting would be located;
' (B) The resident or occupant that receives mail at the
mailing address of the real property described in subparagraph
(A) of this paragraph if the mailing address of the owner of
record is not the mailing address of the real property;
' (C) Neighborhood and community organizations recognized by
the governing body of the city if a boundary of the organization
is within one-half mile of the proposed disposal site for
composting;
' (D) A newspaper that meets the requirements of ORS 193.020
for publication;
' (E) Local media in a press release; and
' (F) The entities described in subsection (5) of this section.
' (8) During the community meeting, the applicant shall provide
information about the proposed disposal site for composting and
proposed operations for composting and respond to questions about
the site and operations.
' (9) The applicant's notice provided under subsection (7)(b)
of this section must include:
' (a) A brief description of the proposed disposal site for
composting;
' (b) The address of the location of the community meeting; and
' (c) The date and time of the community meeting. + }
' { + SECTION 3. + } { + Sections 1 and 2 of this 2013 Act
apply to applications for permits that are submitted on or after
the effective date of this 2013 Act. + }
' { + SECTION 4. + } { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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