ORS 468.265
Powers of county over pollution control facilities

  • limitations

(1)

In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following:

(a)

To acquire, whether by purchase, exchange, devise, gift or otherwise, establish, construct, improve, maintain, equip and furnish one or more pollution control facilities or any interest therein to be located, in whole or in part, within such municipality or in another municipality, if the other municipality gives written consent.

(b)

To enter into a lease, sublease, lease-purchase, installment sale, sale, or agreement for any facility upon such terms and conditions as the governing body may deem advisable, provided the same shall at least fully cover all debt service requirements with respect to the facility and shall not conflict with the provisions of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(c)

To sell, exchange, donate and convey to others any or all facilities upon such terms as the governing body may deem advisable, including the power to receive for any such sale the note or notes of the purchaser of the facilities or property whenever the governing body finds any such action to be in furtherance of the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(d)

To issue revenue bonds for the purpose of carrying out any of its powers under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(e)

Whenever the governing body finds such loans to be in the furtherance of the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds) and subject always to the limitations contained in ORS 468.266 (Issuance of bonds), to make secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a facility and to charge and collect interest on such loans and pledge the proceeds thereof as security for the payment of the principal and interest of any bonds issued hereunder and any agreements made in connection therewith. A facility, in whole or in part, must be located in the municipality or in another municipality if the other municipality gives written consent.

(f)

To mortgage and pledge any or all facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues, proceeds and receipts or any portion thereof from a facility as security for the payment of the principal of and interest on any bonds so issued.

(g)

To refund outstanding obligations incurred by an enterprise to finance the cost of a facility when the governing body finds that such refinancing is in the public interest.

(h)

To pay compensation for professional services and other services as the governing body shall deem necessary to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(i)

To acquire and hold obligations of any kind to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(j)

To invest and reinvest funds under its control as the governing body shall direct.

(k)

To enter into contracts and execute any agreements or instruments and to do any and all things necessary or appropriate to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(L)

To acquire, own, sell, assign or otherwise hold legal or equitable title to or an interest in pollution control facilities or hold federal tax ownership of pollution control facilities.

(2)

The county shall not have the power to operate any facility as a business other than as owner pursuant to subsection (1)(L) of this section or as lessor or seller, nor shall it permit any funds derived from the sale of bonds to be used by any lessee or purchaser of a facility as working capital.

(3)

Counties may jointly exercise any power or authority granted under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds), including, without limitation, the power to borrow money or issue bonds or notes.

(4)

For the purpose of exercising the power and authority granted under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds), a county is not subject to the requirements of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) or ORS chapter 279A, 279B or 279C. [1974 c.34 §3; 2001 c.680 §7; 2003 c.794 §292]
Note: See note under 468.263 (Definitions for ORS 468.263 to 468.272).

Source: Section 468.265 — Powers of county over pollution control facilities; limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468.­html.

468.005
Definitions
468.010
Environmental Quality Commission
468.015
Functions of commission
468.020
Rules and standards
468.030
Department of Environmental Quality
468.035
Functions of department
468.040
Director
468.045
Functions of director
468.050
Deputy director
468.052
Payment by credit card
468.053
Surcharge on fee or invoice
468.054
Environmental Data Management System Fund
468.055
Contracts with Oregon Health Authority
468.060
Enforcement of rules by local health authorities
468.062
Authority of Department of Environmental Quality to require fingerprints
468.065
Issuance of permits
468.066
History of compliance with environmental quality laws
468.067
Organizational standing to seek judicial review of final order in Title V permit proceeding
468.070
Denial, modification, suspension or revocation of permits
468.073
Expedited or enhanced regulatory process
468.075
Revolving fund
468.076
Definitions for ORS 468.076 to 468.089
468.078
Action for pollution originating in Oregon
468.079
Action for pollution originating in reciprocating jurisdiction
468.080
Applicability of Oregon law
468.081
Rights of injured person
468.083
Right conferred under ORS 468.076 to 468.087 in addition to other rights
468.085
Sovereign immunity defense
468.087
Application and construction of ORS 468.076 to 468.087
468.089
Short title
468.090
Complaint procedure
468.095
Investigatory authority
468.100
Enforcement procedures
468.110
Appeal
468.115
Enforcement in cases of emergency
468.120
Public hearings
468.126
Advance notice
468.130
Schedule of civil penalties
468.135
Imposition of civil penalties
468.140
Civil penalties for specified violations
468.148
Legislative findings and declarations
468.149
Assessment of final changes to federal environmental law
468.150
Field sanitation and straw utilization and disposal methods as “pollution control facilities.”
468.153
Legislative findings and declarations
468.155
Definitions for ORS 468.155 to 468.190
468.160
Policy
468.163
Commencement of construction or installation of facility
468.165
Application for certification of pollution control facilities
468.167
Application for precertification
468.170
Action on application
468.172
“Environmental management system” defined
468.173
Applicable percentage of certified cost of facility eligible for tax credit
468.180
Conditions for issuance of certificate under ORS 468.170
468.183
Revocation of certification for loss of Green Permit
468.185
Procedure to revoke certification
468.190
Allocation of costs to pollution control
468.195
Issuance of bonds authorized
468.215
Pollution Control Fund
468.220
Department to administer fund
468.225
Investment of gross proceeds of agency bonds or other obligations
468.230
Pollution Control Sinking Fund
468.240
Remedy where default occurs on payment to state
468.245
Acceptance of federal funds
468.250
Participation in matching fund programs with federal government
468.253
Authority of director to act to benefit fund
468.255
Limit on grants and loans
468.260
Return of unexpended funds to state required
468.263
Definitions for ORS 468.263 to 468.272
468.264
Policy
468.265
Powers of county over pollution control facilities
468.266
Issuance of bonds
468.267
Security for bonds
468.268
Enforcement of bond obligation
468.269
Trustees
468.270
Tax status of leasehold interest in facilities
468.271
Effect on procedure of awarding contracts
468.272
Application of other laws relating to bonds
468.423
Definitions for ORS 468.423 to 468.440
468.425
Policy
468.427
Water Pollution Control Revolving Fund
468.428
Lottery bonds
468.429
Uses of revolving fund
468.431
Water Pollution Control Administration Fund
468.433
Duties of department
468.437
Loan applications
468.439
Borrowing authority of public agency
468.440
Loan terms and interest rates
468.442
Definitions
468.444
Zero-emission and electric vehicle rebate program
468.446
Charge Ahead Oregon Program
468.448
Audits
468.449
Zero-Emission Incentive Fund
468.501
Definitions for ORS 468.501 to 468.521
468.503
Purpose of Green Permits
468.506
Commission rulemaking to carry out Green Permit program
468.508
Eligibility for Green Permit
468.511
Environmental laws not applicable to facility operating under Green Permit
468.513
Judicial review of agency decision on issuance of Green Permit
468.516
Termination of Green Permit
468.518
Application for permit or approval affected by termination of Green Permit
468.521
Recovery of costs of agency in developing, negotiating and publicizing Green Permit
468.531
Legislative findings
468.533
Willamette River Cleanup Authority
468.581
Definitions for ORS 468.581 to 468.587
468.583
Policy
468.585
Legislative findings
468.587
State agencies and ecosystem services
468.920
Definitions for ORS 468.922 to 468.956
468.922
Unlawful disposal, storage or treatment of hazardous waste in the second degree
468.924
Applicability of ORS 161.655
468.926
Unlawful disposal, storage or treatment of hazardous waste in the first degree
468.929
Unlawful transport of hazardous waste in the second degree
468.931
Unlawful transport of hazardous waste in the first degree
468.933
Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931
468.936
Unlawful air pollution in the second degree
468.939
Unlawful air pollution in the first degree
468.941
Determination of number of punishable offenses under ORS 468.936 and 468.939
468.943
Unlawful water pollution in the second degree
468.946
Unlawful water pollution in the first degree
468.948
Unlawful motorized in-stream placer mining
468.949
Determination of number of punishable offenses under ORS 468.943 and 468.946
468.951
Environmental endangerment
468.953
Supplying false information to agency
468.956
Refusal to produce material subpoenaed by commission
468.959
Upset or bypass as affirmative defense
468.961
Approval of Attorney General or district attorney before bringing felony charge
468.962
Notice to Department of Revenue of environmental felony
468.963
Environmental audit privilege
468.996
Civil penalty for intentional or reckless violation
468.997
Joinder of certain offenses
Green check means up to date. Up to date