CHAPTER 120.300 SOLID WASTE DISPOSAL SITES Section Title 120.310 Purpose and Scope 120.315 Definitions 120.320 Conditional Uses 120.325 Minimum Standards 120.330 Application for Conditional Use Permit 120.335 Preliminary Permit 120.340 Procedures 120.345 Issuance of Permits 120.350 Amendment to Conditional Use Permit 120.355 Coordination with Solid Waste Disposal Committee and Other Regulator Agencies 120.360 Standards for Solid Waste Disposal Site Rehabilitation and Restoration 120.365 Suspension or Revocation of Solid Waste Disposal Site Permit 120.370 Failure to Maintain Site or Conditions 120.375 Administration and Enforcement 120.380 Required Agreements and Liens 120.310 PURPOSE AND SCOPE. (a) To protect the health, safety and welfare of the people of Marion County and to provide a coordinated program for accumulation, storage and disposal of wastes and solid wastes, it is deemed essential to: (1) Provide necessary sites for disposal of wastes and solid wastes; (2) Provide for a coordinated solid waste disposal program and encourage regional solid waste disposal systems; (3) Provide for coordinating zoning regulations with the Marion County Solid Waste Collection and Disposal Ordinance; (4) Provide standards and procedures for reasonable protec­tion of adjacent or nearby land uses; (5) Provide for rehabilitation and ultimate site use for disposal sites after discontinuance of use for dispos­al; (6) Provide for preliminary planning permit to allow ini­tial consideration of disposal sites in coordination with other affected federal, state and local agencies; (7) Provide for disposal sites and special regulations for accumulation, storage, or disposal of toxic or hazard­ous wastes. (b) This Ordinance shall not apply to the growing or harvesting of crops or timber including, but not limited to, silvicult­ural practices or to agricultural operations conducted on premises owned or in possession of the person disposing of wastes or solid wastes on such premises. (c) The intent and purpose of this section is to permit the location and development of solid waste disposal sites in appropriate locations in any zone in Marion County subject to the minimum standards herein set forth and any conditions established by the Commission or Hearings Officer, without a showing of hardship and after notice and public hearing as provided in Section 120.340. Notwithstanding the allowable use in any other district in Marion County, any person initiating an operation as described in Sections 120.310 to 120.380. 120.315 DEFINITIONS. As used in Sections 120.310 to 120.380, unless the context requires otherwise, the following definitions shall apply: (a) Dispose or Disposal. Includes accumulation, storage, collection transportation, and disposal of solid wastes; (b) Person. Includes the State of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever. (c) Solid Waste. All putrescible and nonputrescible wastes, whether in a solid or in a liquid form, except liquid-carried industrial wastes or sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, sewage sludge, street refuse, industrial wastes, swill demolition and construction wastes, abandoned vehicles or parts thereof, tires, discarded home and industrial appliances, manure, vegetable or animal solid or semi-solid wastes, dead animals and other discarded solid materials; (d) Solid Waste Disposal Site or Sites. Any land used for disposal of solid wastes, including, but not limited to, dumps, landfills, sanitary landfills, incinerators, and composting plants, but not including a landfill site which is not used by the public either directly or through a disposal service and which is used by the owner or tenant thereof to dispose of sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products resulting from the process of manufacturing; (e) Waste. Useless, unwanted or discarded materials. 120.320 CONDITIONAL USES. The following uses may be permitted as conditional uses within all zoning districts by the Commission or Hearings Officer, notwithstanding the use limitations of each zone, subject to the conditions and procedural requirements set forth in Sections 120.310 to 120.380. (a) Solid Waste Disposal Site; (b) Except within the EFU-20 zone, sites for the disposal of special materials or hazardous wastes when, and only after the Planning Commission or Hearings Officer has approved the special materials for inclusion in the site; (c) A residence for a caretaker; (d) Buildings, structure, apparatus or other appurtenances necessary for these uses to be carried on. 120.325 MINIMUM STANDARDS. The following minimum standards shall apply to the establishment, maintenance, and operation of solid waste disposal sites within Marion County. The particular concerns of these provisions are providing for an adequate number of solid waste disposal sites to meet the needs of Marion County and the proper location of solid waste disposal sites including access to and from the sites, the appearance of such sites as they relate to the surrounding area and for the ultimate reuse of such sites. (a) Screening. The site shall be reasonably screened from adjoining developing properties and public streets or high­ways by placement of landscaped yards and areas adjacent to every property line, within which yard or area will be placed an ornamental fence, wall or hedge or landscape berm. This shall be in addition to such desirable vegetation as may exist within the landscaped area. Where the landowner or the holder of a franchise for the site has obtained an interest in adjacent property for the purpose of providing adequate screening or where an appropriate governmental agency provides for such screening, the Commission or Hearings Officer may accept such screening in lieu of that otherwise required by this subsection. This screening, whether on the same or other property, shall continuously obscure the view of the site and the landowner or franchise holder shall be responsible for maintenance of such screen­ing. (b) Access Roads. All access to the site shall be by a route or routes approved by the County Engineer, Hearings Officer and the Commission. (c) Control of Operation Time. Except for such activities as office machinery repair and the equivalent, in residential, farm or commercial districts, a limit shall be placed on the operating time from 4:30 a.m. to 9:30 p.m. This limitation on operating time may be waived by the County Engineer in times of public or private emergency for the duration of such emergency. Other activities may be conducted outside the allowable time limit if they fall within standards established for industrial uses as set forth in Section 150.140. 120.330 APPLICATION FOR CONDITIONAL USE PERMIT. Application by the landowner shall be made to the Commission or Hearings Officer on forms furnished by the Planning Division. Each application shall be accompanied by: (a) An accurate plot plan showing exterior boundaries of the property on which the disposal site is to be located and the location of any existing or proposed structures, roads, proposed operating areas or other improvements, and the topography of the proposed site; (b) A certified list of property owners in the affected area in the same manner as is set forth in Section 123.050. (c) A plan for rehabilitation and use of the site after the disposal has been terminated for a use permitted within the zone in which the land is located. Such a plan shall be prepared at a scale of not less than 1" = 400' with topo­graphic contours, an interval of which shall not be less than 25 feet. In its discretion, the Commission or Hearings Officer may require a map or plan showing greater detail to determine compliance with this Ordinance and standards established by the Commission or Hearings Officer. (d) A copy of the application to the Governing Body of Marion County for a franchise pursuant to the Solid Waste Collec­tion and Disposal Ordinance if the site is to be owned or to be operated by a person other than a governmental agency. (e) An agreement required by Section 120.380 of this Ordinance. (f) Except for applicants who have previously paid for a prelim­inary permit on the same site, a fee of $25.00. 120.335 PRELIMINARY PERMIT. (a) In view of the extensive investigations which must be undertaken in coordination with federal, state and local agencies, persons desiring to obtain a solid waste disposal site conditional use permit may make application to the Commission or Hearings Officer and the Commission or Hear­ings Officer may grant preliminary approval of a proposed site without notice to interested persons or a public hearing. (b) The Commission or Hearings Officer shall consider the location, the general proposal for access and site opera­tion, the need for the site, the needs of the area, and the proposed restoration and rehabilitation of the site. The Commission or Hearings Officer shall review the application as soon as possible after the petition has been filed. The granting of a preliminary permit is not binding either on the Commission, Hearings Officer or on the applicant but is given to the applicant only as a guide. A conditional use permit application may be filed pursuant to Section 120.330 regardless of the recommendation of the Commission or Hearings Officer pursuant to this Section. (c) Each application for a preliminary permit shall be on forms furnished by the Planning Division and shall be accompanied by a fee of $25.00. The preliminary permit application may be withdrawn at any time; however, the $25.00 fee shall not be returned. The application shall be accompanied by any franchise application as required pursuant to Section 120.3­30 for a conditional use permit. (d) Test wells, test holes, or any other engineering tests may be conducted under a preliminary permit. (e) Except for existing solid waste disposal sites that qualify as nonconforming uses, no person holding a preliminary permit therefore shall establish, operate or maintain a solid waste disposal site unless and until a conditional use permit has been issued by the Commission or Hearings Offi­cer. 120.340 PROCEDURES. (a) Notice and public hearing upon an application for a condi­tional use permitted under Section 120.320 shall be the same as provided for variances in Section 122.050 except that, in addition, notice shall be given to property owners within the affected area as provided in Section 123.060 for zone changes. (b) Notice of the decision of the Commission or Hearings Officer shall be given as provided in Section 122.060. (c) Decisions of the Commission or Hearings Officer on conditional use applications under Section 120.320 shall be subject to the certification and appeal procedures and other provi­sions provided in Sections 122.070 to 122.140 inclusive. 120.345 ISSUANCE OF PERMITS. (a) The Commission or Hearings Officer shall make such investi­gations as are necessary to determine whether the proposed site conforms fully to the regulations set forth herein. (b) In addition to the requirements of Sections 120.310 to 120.380, the Commission or Hearings Officer may prescribe additional restrictions or limitations when granting a preliminary permit or a conditional use permit for a proposed site. The Commission or Hearings Officer may prescribe such additional conditions as it deems necessary to fulfill the purpose and intent of this Ordinance after finding that such conditions are necessary for the public health, safety, general welfare or to protect persons working or residing in the area, or to protect property or improvements in the area, or to protect the aesthetic qualities of the area, or to protect the environmental quality of the area. (c) The Commission or Hearings Officer may not reduce or change the requirements specified in Sections 120.310 to 120.380 except when proceedings have been held for variance of these requirements by the Commission or Hearings Officer pursuant to Section 17, provided that an application for vari­ance may be filed with an considered concurrently with the condition­al use application, except that the notice of hearing shall separately state the variance applied for. 120.350 AMENDMENT TO CONDITIONAL USE PERMIT. When the condi­tional use permit holder wishes to amend the plans for the site or for the restoration or reuse of such site after a final permit has been granted, he shall make an application for such change and shall furnish a fee of $25.00 together with all information and agreements that would have been required had such change been included in the initial plans, information and agreements submit­ted to the Commission or Hearings Officer. The Commission or Hearings Officer shall follow the same procedure for notice and hearing as if the amendment were a new application for such a conditional use. The notice and hearing shall be limited to the subject of a requested change in plans. 120.355 COORDINATION WITH THE SOLID WASTE DISPOSAL COMMITTEE AND OTHER REGULATORY AGENCIES. The Commission or Hearings Officer will make every effort to assist in the coordination and review of the application with the Marion County Solid Waste Committee and all federal, state, local or other agencies. 120.360 STANDARDS FOR SOLID WASTE DISPOSAL SITE REHABILITATION AND RESTORATION. (a) The purpose of this section is to insure the future use of a site after its use as a solid waste disposal site has been completed. A restoration plan shall be consistent with the land use planning policies and ordinances of Marion County. (b) The landowner and the holder of any franchise to operate the site shall be jointly and severally liable for the eventual site restoration as described in the plans submitted with the permit application as provided in Section 120.380. (c) Upon completion of the use of the site for solid waste disposal according to the permit and plan, or upon economic abandonment of the site as a disposal site, the landowner and the holder of any franchise to operate the site shall have a reasonable time to rehabilitate and restore the site as described in the restoration plans. (d) Except for buildings or structures which are permitted uses in the zone in which the site is located, upon termination of the use of the site for solid waste disposal, all build­ings, equipment, apparatus and appurtenances necessary to the operation shall be removed from the site unless an extension is granted by the Commission or Hearings Officer. A grant of additional time by the Commission or Hearings Officer shall not excuse any delay in the restoration or rehabilitation of those portions of the property under permit which are not affected by such extension. (e) All excavations and pits shall be backfilled, leveled, contoured, or both, for the uses shown on the restoration plan and shall be compatible with the final depth and slope of the site. (f) Top soil shall be replaced to sufficient depth to allow landscaping material to be installed. (g) When appropriate, the Commission or Hearings Officer may specify a schedule of rehabilitation for portions of the property as their use for solid waste disposal operations is completed or terminated. The schedule shall be considered part of the rehabilitation or restoration plan and shall be included in the agreements required by Section 120.380. 120.365 SUSPENSION OR REVOCATION OF SOLID WASTE DISPOSAL SITE PERMIT. (a) In addition to the provisions of Section 122.140, the Commission or Hearings Officer may, after a public hearing, at which all interested persons have a right and opportunity to be heard, suspend a solid waste disposal site permit for failure to comply with Sections 120.310 to 120.380 or other applicable provisions. Prior to such hearing, the Commission or Hearings Officer shall obtain a recommendation from the Marion Coun­ty Solid Waste Committee. Before any action of suspension is finally ordered by the Commission or Hearings Officer, the Commission or Hearings Officer shall obtain the concurrence of the Governing Body. (b) The Commission or Hearings Officer may, following the same procedures specified in (a) of this section, revoke a solid waste disposal site permit for failure to comply with Sections 120.310 to 120.380 or other applicable provisions. The Commission or Hearings Officer shall make a finding prior to revocation that there is an immediate and serious danger to the public, an immediate and serious threat or actual pollution of air, water or surrounding land or other serious hazard or public nuisance. 120.370 FAILURE TO MAINTAIN SITE OR CONDITIONS. The landowner, as the holder of a conditional use permit, and the holder of any franchise to operate the site, shall establish, operate, and maintain the site within the terms and conditions set forth in Sections 120.310 to 120.380 and in the conditional use permit. Compliance with this section shall be a condition to a conditional use permit and shall be enforceable by the agreement required in Section 120.380. 120.375 ADMINISTRATION AND ENFORCEMENT. It shall be the duty of the County Building Official, County Health Officer, and County Engineer to enforce Sections 120.310 to 120.380. Prior to issuance of a preliminary permit or of a conditional use permit, prior to establishment of any site and during the operation, maintenance or restoration or rehabilitation of such site pursuant to Sections 120.310 to 120.380, it shall be the duty of said officials to determine compliance with those sections and with any condition imposed by the Commission or Hearings Officer. For this purpose, the County Engineer, County Health Officer or County Building Official, or their duly authorized representatives may enter upon public or private property to perform any such duty. In addition to the right of entry specified by this section, the landowner as holder of the conditional use permit and the holder of any franchise to operate the site shall agree to this right of entry as provided in Section 120.380. 120.380 REQUIRED AGREEMENTS AND LIENS. (a) The Governing Body finds and declares that a properly established, maintained, operated, and rehabilitated solid waste disposal site is a utility facility necessary for public service and, as such, is a valuable asset in improving environmental quality of the County. The Board further finds and declares that an improperly established, operated, maintained, or rehabilitated site may become a public or private nuisance, produce a condition of unsightliness, establish a health hazard or otherwise create a condition detrimental to the environmental quality of the area and of the County. To implement these findings, the Governing Body further finds and declares that it is necessary and appropriate to require agreements from the landowners who apply for a conditional use permit the agreements required by this section and further finds and declares that the appropriate remedy to reimburse costs of the County incurred in enforcement of Sections 120.310 to 120.380 is, upon failure of the landowner or franchise holder to pay such costs, the imposition of lien against the premises. (b) On forms issued by the Planning Division, the landowner who is applying for a conditional use permit for a site pursuant to Sections 120.310 to 120.380 and the holder of any franchise to operate such site, shall jointly and severally agree to accept, to be responsible for or to be liable for: (1) The entry upon subject premises by named officials pursuant to Section 120.375. (2) Proper establishment, maintenance, and operation of the site as required by Section 120.370. (3) Rehabilitation and restoration of the site upon termination for use as a disposal site pursuant to Section 120.360. (c) In the event the landowner or the franchise holder does not comply with his agreement executed pursuant to subsection (b) of this section and within a reasonable time after written notice to comply, the Governing Body may institute proceedings under subsection (d) of the section to enforce compliance. “Reasonable time” within this subsection shall be determined by the Commission or Hearings Officer upon the basis of the health, safety, and welfare of the people of Marion County and of the area and in determining what is a reasonable time, the Commission or Hearings Officer may give consideration to, but shall not be limited by the following: (1) The nature of the deficiency; (2) Conditions created by the deficiency; (3) Hazard to health or safety; (4) The creation of a condition of unsightliness; (5) The creation of a public or private nuisance; (6) Whether there is a satisfactory alternative practice, procedure or operation. (d) In the event that the landowner or franchise holder fails to comply with the order of the Commission or Hearings Officer within the time specified by the Commission or Hearings Officer, the Commission or Hearings shall notify the Marion County Governing Body. The Governing Body may institute proceedings for enforcement by giving 30 days written notice to the landowner or franchise holder, or both, at their last known addresses. The Board may shorten the notice period to not less than 24 hours notice if the Governing body finds an immediate or serious danger to the public through the creation of a health hazard or a pubic or private nuisance. After required notice, the Governing Body may hold a public to be heard. After such public hearing and on the basis thereof, the governing Body shall have the power to order appropriate county agencies to correct and deficiencies in the establishment, maintenance or operation of the site, or to make the required rehabilitation and restoration. (e) The cost incurred by the County in carrying out subsection (d) of this section shall be paid by the landowner or the franchise holder or both. If not paid, the Governing Body may order appropriate action to be taken to impose a lien upon the subject premises. (f) The Commission or Hearings Officer may order the filing in the County Deed Records of the conditional use permit including the agreements executed pursuant to this section as a recorded encumbrance or the real property to assure compliance with the conditions and agreements.