A. State Licensing Requirement: All operators of a medical marijuana waste disposal facility within the City must maintain a valid commercial establishment license from the Oklahoma Department of Health. Each person operating a medical marijuana waste disposal facility within the City shall provide the City with a copy of their commercial establishment license issued by the Oklahoma Department of Health prior to commencing operation and shall further provide the City with a copy of any renewal of the commercial establishment license each calendar year.
B. City Certificate Of Compliance Requirement: A medical marijuana waste disposal certificate of compliance shall not be required for an individual grower unless the grow facility accommodates five thousand (5,000) plants per planting cycle or more. Those facilities within the City must obtain a medical marijuana waste disposal facility certificate of compliance from the City prior to commencing operation. Prior to issuance of a medical marijuana waste disposal certificate of compliance, the physical address of the proposed facility will be subject to a property inspection by an authorized City inspector to insure compliance with all City codes. The property inspection will occur at a time scheduled and approved by both the applicant and City inspector. The applicant is required to be present during the inspection. All structures and equipment shall comply with all building, electric, plumbing and fire codes adopted by the State of Oklahoma and the City of Marlow.
C. Applications For A Medical Marijuana Waste Disposal Certificate Of Compliance: Any person seeking to obtain a medical marijuana waste disposal certificate of compliance shall submit a written application to the City on a City prescribed form to include, at a minimum, the following:
1. The name of the establishment;
2. If the establishing is a legal entity, then a statement from the Oklahoma Secretary of State stating that the establishing is operating in "Good Condition";
3. Physical address of the establishment;
4. Phone number of the establishment;
5. Operating hours of the establishment;
6. The applicant's first name, middle name, last name and suffix if applicable;
7. The applicant's residence address and mailing address;
8. The applicant's date of birth;
9. The name, address, telephone number and email of the director of the facility;
10. The applicant's preferred telephone number and email address;
11. An attestation that the information provided by the applicant is true and correct;
12. An application submitted on behalf of a business organization shall include an attestation that the applicant is authorized to make application on behalf of the business organization, full name of the business organization, type of business organization, mailing address for the business organization, and the full names of all owners of the organization;
13. A statement signed by the applicant not to divert marijuana to any individual or entity; and
14. One (1) copy of all of the following:
a. All documentation showing the proposed certificate of compliance holder's valid tenancy, ownership or other legal interest in the proposed permitted premises. If the applicant is not the owner of the proposed permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana waste disposal facility.
b. A valid, unexpired driver's license or state issued identification for all owners, directors, officers and managers of the proposed facility; and
c. Any other information reasonably requested by the City to be relevant to marijuana waste disposal for consideration of the application.
D. Application Fees: Application processing fees for a medical marijuana waste disposal certificate of compliance shall be as set forth by resolution adopted by the City Council. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of medical marijuana waste disposal establishments.
E. Renewal Fees: Annual renewal fees of any medical marijuana waste disposal certificate of compliance shall be as set forth by resolution. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of medical marijuana waste disposal establishments.
F. Application fees and annual renewal fees are non-refundable. The application fees shall be paid at the time of the submission of an application for a license and are not prorated.
G. Location Restrictions For Medical Marijuana Waste Disposal Facilities:
1. All commercial disposal facilities for medical marijuana waste or medical marijuana by-products shall not be allowed within one thousand feet (1,000') from any day care, church, park, public or private school entrance. The distance specified shall be measure from any entrance of the school to the nearest property point of the dispensary.
2. Residual tetrahydrocannabinol (THC), which is the chemical responsible for most of marijuana's euphoric and medicinal effects, can poison animals and have adverse effects on the local ecology if improperly disposed. Furthermore, marijuana growers, processors, testing labs, educators or research facilities may use products, such as pesticides or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of marijuana concentrate, and flammable solvents for the purpose of producing a marijuana concentrate, which are all considered hazardous waste. Hazardous wastes must be disposed of properly by a registered hazardous waste transporter shipping to a hazardous waste treatment, storage and disposal facility (TSDF). Furthermore, if a licensee generates waste that are regulated hazardous wastes, then the licensee must comply with all Environmental Protection Agency rules and regulations before the wastes can be accepted for disposal by an appropriate hazardous waste TSDF.
3. A medical marijuana waste disposal certificate of compliance will not be granted to any applicant where the proposed location is not within I-2 Heavy Industrial District zoning.
H. Conditions Of Operation For Medical Marijuana Waste Disposal Facilities:
1. All marijuana waste disposal facilities must be constructed in such a manner that the disposal of the medical marijuana waste cannot be seen by the public from the public right-of-way.
2. All medical marijuana waste disposal shall be located within an entirely enclosed and secure area with locked gates at all times.
3. All medical marijuana waste disposal facilities must be properly secured with an alarm system and have limited access.
4. All medical marijuana waste disposal facilities shall comply with all building, electrical, plumbing and fire codes adopted by the State of Oklahoma and the City of Marlow.
5. All medical marijuana waste disposal shall be performed so that plants and products are rendered unusable and unrecognizable.
6. All medical marijuana waste disposal shall be performed by burying, mulching, or composting. Open burning and incineration shall not be allowed.
7. If medical marijuana waste being disposed of has any products, such as chemicals, flammable solvents, butane, ethanol or any other chemicals used in the marijuana education or research procedures, then these are all considered hazardous waste. Hazardous wastes must be disposed of properly by a registered hazardous waste transporter shipping to a hazardous waste treatment, storage and disposal facility (TSDF) and comply with federal regulations.
8. No marijuana or marijuana derivatives which have been chemically enhanced, shall be disposed of in the City; all marijuana products with chemicals shall be considered medical waste and shall be properly disposed of as red bag medical waste in a proper medical waste disposal facility.
9. No obnoxious odors or noises shall be permitted from medical marijuana waste disposal facility.
10. All medical marijuana waste disposal facilities shall be operated in a manner that does not constitute a public nuisance. A public nuisance may be deemed to exist if the disposal produces light, glare, heat, noise, odor, runoff substances, or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
11. Before annual renewal, the City shall inspect the premises and any business records they deem reasonable to ensure compliance with all laws. (Ord. 436, 12-16-2019)