2017 ORS 268.318¹
District approval required for disposal, transfer or resource recovery site or facility
  • criteria

(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 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665).

(B) “Disposal site” has the meaning given that term in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665).

(C) “Property line” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(D) “School” has the meaning given that term in ORS 459.243 (Restrictions on issuance of permits under ORS 459.245).

(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 located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses. [1979 c.531 §2; 1997 c.833 §24; 2013 c.524 §6]

Chapter 268

Notes of Decisions

Limita­tion of chapter ap­pli­ca­bil­i­ty to statutorily defined area within boundaries of Clackamas, Multnomah and Washington counties and preclusion of forma­tion of addi­tional metropolitan service districts in state, did not create corpora­tion by special law in viola­tion of Const. Art. XI sec 2. Reilley v. Secretary of State, 288 Or 573, 607 P2d 162 (1980)

Atty. Gen. Opinions

Authority of district to borrow waste disposal planning funds from Environ­mental Quality Commission, (1972) Vol 35, p 1117; Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

Law Review Cita­tions

51 OLR 53 (1971); 93 OLR 455 (2014)

1 Legislative Counsel Committee, CHAPTER 268—Metropolitan Service Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 268, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.