Chapter 459 — Chapter 459

ORS 459.005 Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665

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ORS 459.007 Applicability of ORS 459.005 to wood residue. ORS 459.005 does not apply to wood residue that

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ORS 459.010 [1967 c.428 §2; 1969 c.593 §42; repealed by 1971 c.648 §33]

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ORS 459.015 Policy. (1) The Legislative Assembly finds and declares that

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ORS 459.017 Relationship of state to local governments in solid waste management. (1) The Legislative Assembly finds and declares that

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ORS 459.020 [1967 c.248 §1; repealed by 1971 c.648 §33]

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ORS 459.025 General powers and duties of department. Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality

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ORS 459.030 [1967 c.428 §3; 1969 c.593 §43; repealed by 1971 c.648 §33]

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ORS 459.035 Assistance in development and implementation of solid waste management plans and practices and recycling programs. Consistent with ORS 459.015 (2)(e), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical and planning assistance in development and implementation of effective solid waste management plans and practices, implementation of recycling programs under ORS 459.250, 459A.005 to 459A.120 and 459A.600 to 459A.620, and assistance in training of personnel in solid waste management. The department shall report to the Legislative Assembly from time to time on further assistance that will be needed to develop, implement and administer effective solid waste management programs or recycling programs. The department shall assist in surveys to locate potential disposal sites. The department may request the assistance of other state agencies. [1971 c.648 §3; 1983 c.729 §16; 1993 c.560 §6; 2021 c.681 §55]

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ORS 459.040 [1967 c.428 §4; 1969 c.593 §44; repealed by 1971 c.648 §33]

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ORS 459.045 Rules. (1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the

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ORS 459.046 Solid waste regulatory program; federal approval. The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain partial and final approval of a solid waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580 and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal regulations and interpretive and guidance documents issued pursuant to the Resource Conservation and Recovery Act. [Formerly 459.209]

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ORS 459.047 Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall

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ORS 459.049 Mandated landfills in certain counties; establishment by state. (1) Upon its own motion or upon the recommendation of the Department of Environmental Quality, the Environmental Quality Commission may determine that a landfill within the counties of Marion, Polk, Clackamas, Washington or Multnomah must be established in order to protect the health, safety and welfare of the residents of an area for which a local government solid waste management plan has identified the need for a landfill. In making its determination on the need for a landfill or, where applicable, on the location of a landfill, the commission shall give due consideration to

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ORS 459.050 [1967 c.428 §5; 1969 c.593 §45; repealed by 1971 c.648 §33]

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ORS 459.051 Procedural rules. In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules

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ORS 459.053 Powers of department regarding landfills. Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017, 459.047 to 459.065, 459.245 and 468.195 to 468.260, the Department of Environmental Quality may

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ORS 459.055 Landfills in farm use areas; waste reduction programs. (1) Before issuing a permit for a landfill established after October 3, 1979, in any area zoned for exclusive farm use, the Department of Environmental Quality shall determine that the site can and will be reclaimed for uses permissible in the exclusive farm use zone. A permit issued for a landfill in an exclusive farm use zone must contain requirements that

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ORS 459.057 Department to limit wastes allowed in landfills in certain counties. (1) Before issuing a permit for a landfill to be established under ORS 459.047 or 459.049 or for a disposal site established as a conditional use in an area zoned for exclusive farm use within the boundaries of Clackamas, Marion, Multnomah, Polk or Washington County, the Department of Environmental Quality shall require that, to the extent legally, technically and economically feasible only solid waste from transfer stations or solid waste residues from material or energy recovery facilities will be deposited in the disposal site. As used in this section, “transfer station” means a site established for the collection and temporary storage of solid waste pending shipment in a compact and orderly manner to a disposal site

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ORS 459.060 [1967 c.428 §6; 1969 c.593 §46; repealed by 1971 c.648 §33]

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ORS 459.061 Upland placement of dredged material; rules. (1) For purposes of any rules adopted by the Environmental Quality Commission pursuant to ORS 459.005 to 459.437 that require a determination that the use of a solid waste is productive, upland placement of dredged material by a port district shall be determined productive. Nothing in this section is intended to affect any other requirement adopted by rule by the commission related to the upland placement of dredged material or other material that is solid waste

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ORS 459.065 State preemption; intergovernmental agreements authorized. (1) The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085 by local government units is a matter of statewide concern. In carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085, a local government unit may, as one of its authorized functions, enter into any agreement which the local government unit determines is desirable, for any period of time, with the Department of Environmental Quality, any local government unit or other person

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ORS 459.070 [1967 c.428 §7; 1969 c.593 §47; repealed by 1971 c.648 §33]

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ORS 459.075 Acquisition of property for disposal sites by cities and counties. Subject to the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385, a county or a city may acquire real or personal property by lease, purchase, exercise of the power of eminent domain or otherwise for the purpose of operating and maintaining disposal sites. With the consent of the city involved, a county may acquire property for a site within the limits of a city. With the consent of the county having jurisdiction, a city may acquire property for a site outside the limits of the city. [1971 c.648 §15]

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ORS 459.080 [1967 c.428 §8; repealed by 1971 c.648 §33]

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ORS 459.085 County authority outside cities; effect of annexation; interagency agreements. (1) With respect to areas outside of cities, a board of county commissioners may, by ordinance or by regulation or order adopted pursuant to an ordinance or regulation

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ORS 459.095 Restrictions on authority of local government units. (1) No ordinance, order, regulation or contract affecting solid waste management shall be adopted by a local government unit if such ordinance, order, regulation or contract conflicts with rules adopted by the Environmental Quality Commission under ORS 459.045 or 459A.025 or with a solid waste management plan or program adopted by a metropolitan service district and approved by the Department of Environmental Quality or any ordinances or regulations adopted under such plan or program

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ORS 459.105 Regulations on use of disposal sites. A local government unit may regulate the use of each disposal site owned or operated by the local government unit, governing the volume or type of solid wastes that will be received at the site and the particular class of person that may use the site. [1971 c.648 §18; 1993 c.560 §17]

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ORS 459.108 Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805. (1) A city or county may impose a civil penalty to enforce the requirements of an ordinance that prohibits any action or conduct described in ORS 164.775, 164.785 or 164.805

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ORS 459.109 Effect of certain laws on cities and counties. Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469B.403

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ORS 459.110 [1969 c.509 §1; repealed by 1971 c.648 §33]

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ORS 459.111 [1991 c.653 §11; repealed by 1993 c.560 §107]

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ORS 459.112 [1991 c.765 §3; repealed by 2015 c.662 §17]

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ORS 459.114 [1991 c.765 §4; repealed by 2015 c.662 §17]

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ORS 459.116 [1991 c.765 §5; 1993 c.560 §18; repealed by 1997 c.807 §2]

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ORS 459.118 Study of transportation routes and modes of transportation for transport of out-of-region solid waste. Before any disposal site operator enters into a new contract to receive more than 75,000 tons per year of solid waste from outside the region, the person proposing to transport the solid waste to the disposal site shall conduct or have conducted a study of the alternative transportation routes and modes of transportation that may be used to transport the solid waste to the disposal site. The study conducted under this section shall be made available, upon request, to any person. [1991 c.765 §6]

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ORS 459.120 [1969 c.509 §2; 1971 c.648 §29; repealed by 1981 c.81 §3]

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ORS 459.121 Legislative committee hearing on transportation study. Upon completion of the study required under ORS 459.118, the appropriate legislative committee shall conduct a hearing on the proposed contract and transportation study to allow the public to discuss the adequacy of the study and the best transportation route and mode to be used to transport the solid waste under the proposed contract. [1991 c.765 §7]

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ORS 459.125 Authority of Marion County over products or by-products of county disposal sites. (1) Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, the board of county commissioners of Marion County may

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ORS 459.130 [1969 c.509 §3; 1971 c.330 §1; 1971 c.648 §30; 1979 c.190 §421; repealed by 1981 c.81 §3]

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ORS 459.135 Marion County authority over private facility in county. Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, a public or private disposal, transfer or material or energy recovery site or facility shall not be established, modified or extended in Marion County without the prior approval of the board of county commissioners. The board may deny an application for the establishment, modification or extension of a site or facility if pursuant to its solid waste management plan the county has either

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ORS 459.140 [1969 c.509 §4; 1975 c.239 §5; repealed by 1981 c.81 §3]

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ORS 459.145 Limits on Marion County authority. ORS 459.125 and 459.135 do not apply to, or grant to Marion County any authority over

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ORS 459.150 [1969 c.509 §5; 1975 c.239 §6; repealed by 1981 c.81 §3]

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ORS 459.153 Intent not to discourage recycling. It is not the intent of the Legislative Assembly that Marion County, under ORS 459.125 and 459.135, take any action that would hinder or discourage recycling activities in the county. [1981 c.386 §5]

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ORS 459.155 [1975 c.239 §8; 1979 c.772 §23; repealed by 1981 c.81 §3]

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ORS 459.160 [1969 c.509 §7; repealed by 1971 c.648 §33]

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ORS 459.165 [1983 c.729 §2; 1991 c.385 §9; renumbered 459A.005 in 1991]

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ORS 459.168 [1983 c.729 §9; renumbered 459A.015 in 1991]

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ORS 459.170 [1983 c.729 §3; renumbered 459A.025 in 1991]

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