ORS 459.095¹
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 (Rules) or 459A.025 (Commission to adopt rules regarding waste disposal and recycling) 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.

(2) Solid waste management regulations adopted by a sanitary district or sanitary authority shall be limited to regulations supplemental to the rules adopted by the commission under ORS 459.045 (Rules) or 459A.025 (Commission to adopt rules regarding waste disposal and recycling) and necessary to meet special local conditions. [1971 c.648 §17; 1973 c.835 §139; 1977 c.95 §7; 1993 c.560 §16]

Notes of Decisions

Neither Metropolitan Service District's solid waste manage­ment plan nor its sub­se­quent resolu­tions were in conflict with weight limita­tions in city's condi­tional use permit for waste transfer facility, and city regula­tion was therefore not preempted under this sec­tion. Cusma v. City of Oregon City, 92 Or App 1, 757 P2d 433 (1988)

Notes of Decisions

Under Former Similar Statutes (ORS 459.210 Et Seq.)

State did not intend to preempt authority over local waste collectors. Schmidt v. Masters, 7 Or App 421, 490 P2d 1029 (1971), Sup Ct review denied

Chapter 459

Atty. Gen. Opinions

Power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environ­mental Quality Commission and Depart­ment of Environ­mental Quality to regulate disposi­tion of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

Law Review Cita­tions

16 WLR 459 (1979)

1 Legislative Counsel Committee, CHAPTER 459—Solid Waste Management, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors459.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information