77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 462
Sponsored by Senators STARR, OLSEN, ROBLAN, DEVLIN;
Representatives PARRISH, UNGER
CHAPTER ................
AN ACT
Relating to composting; creating new provisions; amending ORS
268.318; 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 an 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 for sale, resulting product; or
(b) Allow an existing disposal site for composting that sells,
or offers for sale, resulting product to:
(A) Accept as feedstock nonvegetative materials, including dead
animals, meat, dairy products and mixed food waste; or
(B) Increase the permitted annual tonnage of feedstock used by
the disposal site by an amount that requires 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.
Enrolled Senate Bill 462 (SB 462-B) Page 1
(5) The applicant shall submit a written request to the county
with land use jurisdiction to request a preapplication
conference. A representative of the planning department of the
county and a representative of the Department of Environmental
Quality shall attend the conference along with representatives,
as determined necessary by the county, of the following entities:
(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
Enrolled Senate Bill 462 (SB 462-B) Page 2
(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 for sale, resulting product; or
(b) Allow an existing disposal site for composting that sells,
or offers for sale, resulting product to:
(A) Accept as feedstock nonvegetative materials, including dead
animals, meat, dairy products and mixed food waste; or
(B) Increase the permitted annual tonnage of feedstock used by
the disposal site by an amount that requires 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. A representative of the planning department of the
city and a representative of the Department of Environmental
Quality shall attend the conference along with representatives,
as determined necessary by the city, of the following entities:
(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.
Enrolled Senate Bill 462 (SB 462-B) Page 3
(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. + }
Enrolled Senate Bill 462 (SB 462-B) Page 4
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. { + Section 5 of this 2013 Act is added to and made
a part of ORS 459.205 to 459.385. + }
SECTION 5. { + (1) As used in this section:
(a) 'Property line' has the meaning given that term in ORS
92.010.
(b) 'School' means:
(A) A public or private institution of learning providing
instruction in kindergarten through grade 12, or any combination
of those grade levels; and
(B) The surrounding buildings, other structures, playgrounds,
athletic fields, parking lots and any other areas of the
institution that are accessed by students of the institution on a
regular basis.
(2) The Department of Environmental Quality may not issue a
disposal site permit under ORS 459.245 to establish a commercial
disposal site for composting if:
(a) The property line of the proposed disposal site for
composting is located within 1,500 feet of a property line of a
school that is within an exception area for rural residential
uses; and
(b) The proposed disposal site for composting requires approval
from a metropolitan service district under ORS 268.318. + }
SECTION 6. ORS 268.318 is amended to read:
268.318. (1) No public or private disposal, transfer or
resource recovery site or facility in the { + metropolitan
service + } district shall be established, modified or extended
without the prior approval of the district. The district may deny
an application for the establishment, modification or extension
of a site or facility if pursuant to its solid waste management
plan the district has either:
(a) Entered into contracts obligating the district to supply or
direct minimum quantities of solid wastes to sites or facilities
designated in the contract in order that those sites or
facilities will operate economically and generate sufficient
revenues to liquidate any bonded or other indebtedness incurred
by reason of those sites or facilities; or
(b) Adopted a franchise system for the disposal of solid or
liquid wastes.
(2) In considering an application for the establishment,
modification or extension of a site or facility, the
{ + metropolitan service + } district may take into account the
location and number of existing sites or facilities and their
remaining capacities, whether the proposed establishment,
modification or extension complies with the district's solid
waste management plan and whether the applicant has complied with
all other applicable regulatory requirements.
{ + (3)(a) As used in this subsection:
(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) 'Property line' has the meaning given that term in ORS
92.010.
(D) 'School' has the meaning given that term in section 5 of
this 2013 Act.
(b) The metropolitan service district may not approve the
establishment of a commercial disposal site for composting if the
property line of the proposed disposal site for composting is
Enrolled Senate Bill 462 (SB 462-B) Page 5
located within 1,500 feet of a property line of a school that is
within an exception area for rural residential uses. + }
SECTION 7. { + Section 5 of this 2013 Act and the amendments
to ORS 268.318 by section 6 of this 2013 Act apply to
applications pending on or filed on or after January 1, 2013. + }
SECTION 8. { + 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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Passed by Senate April 29, 2013
Repassed by Senate June 18, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 462 (SB 462-B) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 462 (SB 462-B) Page 7