ORS 459.215¹
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 (Permit required). 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 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205 (Permit required). However, exclusion from the permit requirements of ORS 459.205 (Permit required) does not relieve any person from compliance with other requirements of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.105 (Regulations on use of disposal sites) and 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) and the rules and regulations adopted pursuant thereto.

(2) By rule and after public hearing the commission may establish classes of disposal sites that qualify for exclusion under this section. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22; 1997 c.286 §4]

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider wa­ter pollu­tion statutes in Chapter 468 while acting on solid waste disposal permit applica­tion. Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), 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