Bill Text: OR SB462 | 2013 | Regular Session | Engrossed

Oregon Senate Bill 462 (Prior Session Legislation)

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-Engrossed.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 184

                           A-Engrossed

                         Senate Bill 462
                 Ordered by the Senate April 23
           Including Senate Amendments dated April 23

Sponsored by Senators STARR, OLSEN, ROBLAN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Provides that composting facility that composts certain
type of feedstocks may not be located within specified distance
of boundary of incorporated city. Provides exception for
composting facility located on land in exclusive farm use
zone. - }
   { +  Establishes requirements that must be met before
applicant for land use approval to establish or modify certain
disposal sites for composting may submit application. Requires
city or county with land use jurisdiction over proposed disposal
site for composting to inform applicant of permitting
requirements. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to composting; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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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