Variance or request for extension to provide opportunity to recycle
(1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025 (Commission to adopt rules regarding waste disposal and recycling).
(b) The Environmental Quality Commission may grant all or part of a variance under this section.
(c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015 (Policy), 459.250 (Place for collecting source separated recyclable material required for disposal site permit) and 459A.005 (Opportunity to recycle defined) to 459A.665 (Opportunity to recycle rigid plastic containers).
(d) In granting a variance, the commission must find that:
(A) Conditions exist that are beyond the control of the applicant;
(B) Special conditions exist that render compliance unreasonable or impractical; or
(C) Compliance may result in a reduction in recycling.
(2) An affected person may apply to the commission to extend the time permitted under ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), 459.015 (Policy), 459.035 (Assistance in development and implementation of solid waste management plans and practices and recycling programs), 459.250 (Place for collecting source separated recyclable material required for disposal site permit), 459A.005 (Opportunity to recycle defined) and 459A.050 (Recycling reports) for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may:
(a) Grant an extension upon a showing of good cause;
(b) Impose any necessary conditions on the extension; or
(c) Deny the application in whole or in part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]
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