2007 ORS 466.175¹
Disposition of site or facility after revocation
  • acquisition of site by department

(1) If the Environmental Quality Commission revokes a permit under ORS 466.170 (Revocation of permit), the commission may:

(a) Close an existing hazardous waste disposal site or facility; or

(b) Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal, storage or treatment of hazardous waste according to the provisions of subsection (2) of this section.

(2) The department may, upon direction of the commission and upon payment of just compensation, acquire and own an existing facility or site for use in the disposal, storage or treatment of hazardous waste. In order to secure such a site, the commission may modify or waive any of the requirements of ORS chapter 459 and ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations), 466.990 (Civil penalties generally) (1) and (2) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply), but not ORS 469.375 (Required findings for radioactive waste disposal facility certificate) or 469.525 (Radioactive waste disposal facilities prohibited), if it finds that such waiver or modification:

(a) Is necessary to make operation of the facility or site economically feasible; and

(b) Will not endanger the public health and safety or the environment. [Formerly 459.635; 1987 c.540 §31; 1993 c.422 §26; 1993 c.560 §104]

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials II, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­466.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­466ano.­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.