ORS 459.235¹
Applications for permits
  • fees

(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 any facilities to be constructed. The application shall include a recommendation by each local government unit having jurisdiction and such other information the department deems necessary in order to determine whether the site and solid waste disposal facilities located thereon and the operation will comply with applicable requirements.

(2) The Environmental Quality Commission shall establish a schedule of fees for disposal site permits. The permit fees contained in the schedule shall be based on the anticipated cost of filing and investigating the application, of issuing or denying the requested permit and of an inspection program to determine compliance or noncompliance with the permit.

(3) In addition to the fees imposed under subsection (2) of this section, the commission shall establish a schedule of permit fees for the purpose of implementing this section and ORS 90.318 (Criteria for landlord provision of certain recycling services), 182.375 (State Productivity Improvement Revolving Fund), 279A.125 (Preference for recycled materials), 279A.155 (State procurement of paper), 279B.025 (Procurement practices regarding recyclable and reusable goods), 279B.240 (Exclusion of recycled oils prohibited), 279B.270 (State contracting agencies to use recovered resources and recycled materials), 279B.280 (Use of recycled products when economically feasible), 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), 459.015 (Policy), 459.247 (Prohibition on disposal of certain solid waste at disposal site), 459.418 (Contract for statewide collection of household hazardous waste), 459.995 (Civil penalties), 459A.005 (Opportunity to recycle defined), 459A.010 (Statewide goals), 459A.020 (Statewide integrated solid waste management plan), 459A.030 (Technical assistance to local governments) to 459A.055 (Variance or request for extension to provide opportunity to recycle), 459A.070 (Limitation on amount charged person who source separates recyclable material), 459A.110 (Additional fees for programs for reduction of domestic solid waste and environmental risks), 459A.115 (Surcharge on fee imposed under ORS 459A.110), 459A.475 (Legislative findings), 459A.480 (State agency recycling program), 459A.500 (Definitions for ORS 459A.500 to 459A.520) to 459A.685 (Prohibition on manufacture of rigid plastic bottles or containers without label), 459A.695 (Requirement for retail establishment supplying plastic bags for customer use) and 459A.750 (Recycling and waste reduction component of curriculum). The fees shall be based on the amount of solid waste received at the disposal site.

(4) Notwithstanding any other fee or surcharge imposed under ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.437 (Requirements for sale or promotion of mercuric oxide batteries) or 459A.005 (Opportunity to recycle defined) to 459A.120 (Use of additional fees), for the disposal of solid waste, in order to encourage the use of suitable material other than virgin material for daily cover at a disposal site, the only fee that may be charged for the disposal of substitute material that is also used for daily cover is the permit fee established under this section. [1971 c.648 §9; 1977 c.37 §1; 1983 c.144 §1; 1987 c.876 §18; 1989 c.833 §154; 1991 c.331 §65; 1991 c.385 §12a; 1993 c.343 §2; 1993 c.560 §§24,24a; 1995 c.281 §1; 2003 c.794 §285]

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