Title 36A, Housing; Lottery and Games; Environment

As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665: (1) “Affected person” means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, cit…

ORS 459.005 does not apply to wood residue that: (1) Is a by-product of manufacturing wood products or processing wood at a facility that manufactures wood products, including a sawmill, pulp mill or paper mill; (2) Is not commingled with other types of solid waste; and (3)(a) Is…

(1) The Legislative Assembly finds and declares that: (a) The planning, development and operation of recycling programs is a matter of statewide concern. (b) The opportunity to recycle should be provided to every person in Oregon. (c) There is a shortage of appropriate sites for …

(1) The Legislative Assembly finds and declares that: (a) The planning, location, acquisition, development and operation of landfills is a matter of statewide concern. (b) Local government units have the primary responsibility for planning for solid waste management. (c) Where th…

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (1) Shall promote and coordinate research, studies and demonstration projects on improved methods and techniques in all phases of solid waste management. (2) May apply to…

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 mana…

(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the: (a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to hu…

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 a…

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: (1) Assi…

(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 he…

In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules: (1) To establish a procedure for local government units to request assistance from the Department of Environmental Quality in the establishment…

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: (1) By mutual agreement, return all or part of the responsibility for development or o…

(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 is…

(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 Departme…

(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. Nothi…

(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…

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 co…

(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: (a) Prescribe the quality and character of and rates for collection service, and the minimum requirements to gu…

(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 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 …

(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. (2) An ordinance described in subsection (1) of this section may establish a maximum or minimum amount fo…

Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469B.403: (1) Supersedes any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste; or (2) Authorizes the collection of solid waste within a city …

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 transpo…

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 …

(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: (a) Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use othe…

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 b…

ORS 459.125 and 459.135 do not apply to, or grant to Marion County any authority over: (1) Material kept separate from waste material for the purpose of recycling or reuse by persons who generate solid waste and which is handled separately from waste material. (2) Material or ene…

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]

(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 di…

(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 …

(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 limit…

(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…

(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: (a) Disposal sites that receive domestic solid waste, building demolition or construction wastes, land clearing debr…

(1) As used in this section: (a) “Property line” has the meaning given that term in ORS 92.010. (b) “School” means: (A) A public or private institution of learning providing instruction in kindergarten through grade 12, or any combination of those grade levels; and (B) The surrou…

(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 approv…

(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: (a) Discarded or abandoned vehicles; (b) Discarded large home or industrial appliances; (c) Used oil; (d) Tires; (e)…

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 authorit…

(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 …

(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…

(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 orde…

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 …

(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. (a) A permit renewed under this subsection shall be issued for the period including the remaining time of operation of the dis…

(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…

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 pract…

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: (1) A material recovery, recycling or reuse facility; or (2) A regional disposal site as defined in ORS 459.005. [1987 c.876 §4; 1993 c.560 §34]

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 public…

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 mon…

(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 Qua…

(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 th…

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 …