2011 ORS § 459.265¹
- • 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
ordering, or approving action resulting in, the closure or curtailment of use of a disposal site.
(2) In making its determination upon appeal from the action of a local government unit or the department, which action would result in the closure or curtailment of the use of a disposal site, the commission shall consider and make findings with respect to:
(a) The nature and magnitude of the problems created by the site or its operation.
(b) The applicable solid waste management plan.
(c) The existence or threat of air or water pollution.
(d) The need for the particular disposal site and alternative methods of disposal or alternate disposal sites.
(e) The costs, funds available to meet the costs and the minimum time required for a change in disposal method or disposal site.
(3) In making its determination under subsection (2) of this section with respect to a disposal site owned or operated by a local government unit, and prior to ordering closure or curtailment of use of the site, the commission shall make a finding as to whether there is an alternative method of disposal or an alternate disposal site. [1971 c.648 §12; 1973 c.835 §144; 1993 c.560 §30]