(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:

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(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 ORS § 459.243.

(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]