Chapter 459 — Chapter 459

ORS 459.175 [1983 c.729 §5; 1991 c.385 §10; renumbered 459A.045 in 1991]

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ORS 459.180 [1983 c.729 §6; 1991 c.385 §11; renumbered 459A.050 in 1991]

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ORS 459.185 [1983 c.729 §7; 1991 c.385 §12; renumbered 459A.055 in 1991]

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ORS 459.188 [1983 c.729 §8; renumbered 459A.065 in 1991]

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ORS 459.190 [1983 c.729 §11; 1991 c.385 §3; renumbered 459A.070 in 1991]

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ORS 459.192 [1983 c.729 §12; renumbered 459A.075 in 1991]

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ORS 459.195 [1983 c.729 §13; renumbered 459A.080 in 1991]

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ORS 459.200 [1983 c.729 §10; renumbered 459A.085 in 1991]

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ORS 459.205 Permit required. (1) Except as provided by ORS 459.215, a disposal site shall not be established, operated, maintained or substantially altered, expanded or improved, and a change shall not be made in the method or type of disposal at a disposal site, until the person owning or controlling the disposal site obtains a permit therefor from the Department of Environmental Quality as provided in ORS 459.235

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ORS 459.209 [1993 c.526 §4; renumbered 459.046 in 1995]

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ORS 459.210 [1969 c.90 §2; repealed by 1971 c.648 §33]

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ORS 459.215 Exclusion of certain sites from permit requirement; rules. (1) By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205. Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health hazard, air or water pollution, or other serious problem. Facilities operated under a permit issued under ORS 468B.050 or 468B.053 are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205. However, exclusion from the permit requirements of ORS 459.205 does not relieve any person from compliance with other requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and the rules and regulations adopted pursuant thereto

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ORS 459.220 [1969 c.90 §1; repealed by 1971 c.648 §33]

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ORS 459.225 Variances authorized. (1) If the Environmental Quality Commission finds that a disposal site cannot meet one or more of the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto, it may issue a variance from such requirement either for a limited or unlimited time or it may issue a permit containing a schedule of compliance specifying the time or times permitted to bring the disposal site into compliance with such requirements, or it may do both

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ORS 459.230 [1969 c.90 §3; repealed by 1971 c.648 §33]

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ORS 459.235 Applications for permits; fees. (1) Applications for permits shall be on forms prescribed by the Department of Environmental Quality. An application shall contain a description of the existing and proposed operation and the existing and proposed facilities at the site, with detailed plans and specifications for any facilities to be constructed. The application shall include a recommendation by each local government unit having jurisdiction and such other information the department deems necessary in order to determine whether the site and solid waste disposal facilities located at the site and the operation will comply with applicable requirements

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ORS 459.236 Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments. (1) In addition to the permit fees provided in ORS 459.235, upon prior approval by the Oregon Department of Administrative Services, there is imposed a fee on all

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ORS 459.240 [1969 c.90 §4; repealed by 1971 c.648 §33]

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ORS 459.243 Restrictions on issuance of permits under ORS 459.245. (1) As used in this section

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ORS 459.245 Issuance of permits; terms; refusal to renew; disposal of liquid waste. (1) If the disposal site meets the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and rules of the Environmental Quality Commission adopted pursuant thereto, the Department of Environmental Quality shall issue the permit. Every completed application shall be approved or disapproved within 60 days after its receipt by the department. Except as provided in ORS 459.055 or for a permit issued under the process set forth in ORS 517.952 to 517.989, if the department fails to act within the time allowed, the application shall be considered approved unless an extension of time is granted by the commission on a showing of good cause by the department

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ORS 459.247 Prohibition on disposal of certain solid waste at disposal site. (1) No person shall dispose of and no disposal site operator shall knowingly accept for disposal the following types of solid waste at a solid waste disposal site

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ORS 459.248 Cleanup of hazardous substance contaminating ground water. In addition to any other authority granted by law, if the Department of Environmental Quality finds that ground water is contaminated with a hazardous substance originating at a land disposal site, the department may require cleanup of the hazardous substance pursuant to authority under ORS 465.200 to 465.485. As used in this section, “hazardous substance” has the meaning given that term in ORS 465.200. [1993 c.526 §3]

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ORS 459.250 Place for collecting source separated recyclable material required for disposal site permit. (1) The Department of Environmental Quality shall require as a condition to issuing or renewing a disposal site permit under ORS 459.245 that a place for collecting source separated recyclable material located either at the disposal site or at another location more convenient to the population served by the disposal site is provided for every person whose solid waste enters the disposal site

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ORS 459.255 Suspension or revocation of permits. (1) A permit may be suspended or revoked at any time if the Department of Environmental Quality determines that the disposal site or the solid waste management facilities located on the disposal site are being operated in violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or rules of the Environmental Quality Commission adopted pursuant thereto

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ORS 459.265 Hearings; appeal. (1) The Environmental Quality Commission may on its own motion or upon the request of the Department of Environmental Quality, and shall upon application of any person entitled to appeal, fix a time and place for a public hearing on any action of the department or commission

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ORS 459.268 Closure of land disposal site. When solid waste is no longer received at a land disposal site, the person who holds or last held the permit issued under ORS 459.205 or, if the person who holds or last held the permit fails to comply with this section, the person owning or controlling the property on which the disposal site is located, shall close and maintain the site according to the requirements of this chapter, any applicable rule adopted by the Environmental Quality Commission under ORS 459.045 and any requirement imposed by the Department of Environmental Quality as a condition to renewing or issuing a disposal site permit. [1983 c.766 §2; 1993 c.560 §31]

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ORS 459.270 Renewal of permit prior to proposed closure of disposal site. (1) At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew the permit

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ORS 459.272 Evidence of financial assurance for land disposal site. (1) Unless exempted under rules adopted by the Environmental Quality Commission under ORS 459.045, an owner or operator of a land disposal site shall maintain cost estimates of the amount of financial assurance that is necessary and demonstrate evidence of financial assurance for

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ORS 459.273 Disposition of excess moneys and interest received for financial assurance. An applicant required to provide financial assurance under ORS 459.272 shall establish provisions satisfactory to the Department of Environmental Quality for disposing of any excess moneys received or interest earned on moneys received for financial assurance. To the extent practicable, the applicant’s provisions for disposing of the excess moneys received or interest earned on moneys shall provide for

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ORS 459.275 [1971 c.648 §13; repealed by 1973 c.826 §3 (459.276 enacted in lieu of 459.275); 1973 c.835 §145; see 459.277]

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ORS 459.276 [1973 c.826 §4 (enacted in lieu of 459.275); renumbered 459.376 in 1987]

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ORS 459.277 [Formerly 459.275; repealed by 1974 c.36 §28]

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ORS 459.280 Definitions for ORS 459.284 and 459.290. As used in ORS 459.284 and 459.290, “disposal site” has the meaning given that term in ORS 459.005, but does not include

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ORS 459.284 Use of disposal site fees. Each local government unit that has a disposal site operating under the provisions of ORS 459.005 to 459.437 and 459.710 and for which the local government unit collects a fee may apportion an amount of the service or user charges collected for solid waste disposal at each publicly owned, franchised or privately owned solid waste disposal site within or for the local government unit and dedicate and use the moneys obtained for rehabilitation and enhancement of the area around the disposal site from which the fees have been collected. That portion of the service and user charges set aside by the local government unit for the purposes of this section shall be not more than $1 for each ton of solid waste. If any local government unit apportions moneys under this section, another local government unit may not also apportion moneys under this section for the same disposal site. [1987 c.876 §2; 1989 c.763 §15; 1993 c.560 §35]

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ORS 459.285 [1971 c.648 §19; 1973 c.835 §146; 1981 c.81 §1; 1981 c.709 §3; renumbered 459.385 in 1987]

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ORS 459.290 Disposal site rehabilitation and enhancement advisory committee. Each local government unit that apportions money under ORS 459.284 shall establish a citizens advisory committee to select plans, programs and projects for the rehabilitation and enhancement of the area around disposal sites for which the local government unit has apportioned moneys under ORS 459.284. If any local government unit establishes a citizens advisory committee under this section, another local government unit may not also establish a local citizens advisory committee under this section for the same disposal site. [1987 c.876 §3; 1989 c.763 §16]

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ORS 459.292 [1989 c.833 §150; renumbered 459A.100 in 1991]

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ORS 459.293 [1989 c.833 §151; renumbered 459A.105 in 1991]

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ORS 459.294 [1989 c.833 §152; 1991 c.385 §13; 1991 c.385 §91; renumbered 459A.110 in 1991]

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ORS 459.295 [1989 c.833 §153; renumbered 459A.120 in 1991]

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ORS 459.297 [1989 c.833 §155; 1993 c.560 §36; repealed by 1995 c.576 §6]

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ORS 459.298 [1989 c.833 §156; 1995 c.79 §273; repealed by 1995 c.576 §6]

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ORS 459.300 [1987 c.876 §5; repealed by 1993 c.560 §107]

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ORS 459.305 Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee. (1) Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection (4) of this section, a disposal site may not accept solid waste generated outside the county in which the disposal site is located unless the Department of Environmental Quality certifies or, for waste that originates outside Oregon in an amount exceeding 75,000 tons annually from a single source generator or wasteshed, the disposal site operator demonstrates to the department, that the person responsible for solid waste management in the area from which the solid waste originates has implemented an opportunity to recycle that

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ORS 459.310 Surcharge on solid waste disposal; surcharge use. (1) Each board of county commissioners of a county in which a regional disposal site is operating under provisions of ORS 459.005 to 459.437 may impose a surcharge on the solid waste received at the regional disposal site. The county may negotiate with the owner or operator of the regional disposal site to establish the amount of the surcharge imposed under this subsection. If the regional disposal site is publicly owned, the board of county commissioners shall give priority in expending the moneys to mitigation of adverse impacts on the area in and around the regional disposal site and related transfer stations located in the county including but not limited to rehabilitation and enhancement of the area, development of alternate water systems, road construction and maintenance and mitigation of adverse effects on wildlife and the environment, if provisions to mitigate such adverse impacts are not assured by permit conditions or bond requirements

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ORS 459.311 Charge for remedial action or removal; amount; collection; allocation. A local government unit responsible for conducting a remedial action or removal or related activities under ORS 465.260 at a solid waste disposal site, or a local government unit that contributed solid waste to a solid waste disposal site for which the local government is liable under ORS 465.255 or other applicable law, shall impose a charge to be added to all billings for collection services rendered within the boundaries of that local government unit unless the local government unit provides an equivalent amount of funding through another source. A charge imposed under this section shall be subject to the following requirements

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ORS 459.315 Definitions for ORS 459.315 to 459.330. As used in ORS 459.315 to 459.330

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ORS 459.320 Regional disposal site advisory committee; membership; terms. (1) Except as provided in subsection (3) or (4) of this section, the board of county commissioners of a county in which a regional disposal site is proposed to be located shall establish a local citizens advisory committee when the Department of Environmental Quality receives an application for a regional disposal site within the county. The board shall select members of the committee from among at least each of the following groups, to the extent feasible

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ORS 459.325 Duties of regional disposal site advisory committee. The duties of the local citizens advisory committee established under ORS 459.320 shall include but need not be limited to

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ORS 459.330 Notification of advisory committee by regional disposal site permittee. The permittee shall notify the local citizens advisory committee established under ORS 459.320 when the permittee proposes to apply for a change to any state or local permit. [1987 c.876 §12]

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