ORS 468.466¹
Action on application
  • rejection
  • appeal
  • certification of investment

(1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.461 (Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product). The action of the commission shall include certification of the actual cost of the investment and the portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product as set forth in ORS 468.486 (Allocation of costs to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product). Each certificate shall bear a separate serial number for each such facility.

(2) If the commission rejects an application for certification, or certifies a lesser actual cost of the investment or a lesser portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product than was claimed in the application for certification, the commission shall cause written notice of its action, and a concise statement of the findings and reasons therefor, to be sent by registered or certified mail to the applicant before the 120th day after the filing of the application. Failure of the commission to act constitutes approval of the application.

(3) If the application is rejected for any reason, including the information furnished by the applicant as to the cost of the investment, or if the applicant is dissatisfied with the certification of actual cost or portion of the actual cost properly allocable to collecting, transporting or processing reclaimed plastic or to the manufacture of a reclaimed plastic product, the applicant may appeal from the rejection as provided in ORS 468.110 (Appeal). The rejection or the certification is final and conclusive on all parties unless the applicant takes an appeal therefrom as provided in ORS 468.110 (Appeal) before the 30th day after notice was mailed by the commission.

(4)(a) The commission shall certify an investment, for which an application has been made under ORS 468.461 (Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product), if the commission finds that the investment was made in accordance with the requirements of ORS 468.461 (Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product) and 468.471 (Preliminary certification of investment).

(b) No determination of the proportion of the actual cost of the investment to be certified shall be made until receipt of the application.

(5) A person receiving a certificate under this section may take tax relief only under ORS 315.324 (Plastics recycling), depending upon the tax status of the person’s trade or business.

(6) If the person receiving the certificate is a partnership, each partner shall be entitled to take tax credit relief as provided in ORS 315.324 (Plastics recycling), based on that partner’s pro rata share of the certified cost of the investment.

(7) Certification under this section of an investment qualifying under ORS 468.461 (Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product) shall be granted for a period of five consecutive years which five-year period shall begin with the tax year of the person in which the investment is certified under this section. [Formerly 468.940]

Law Review Cita­tions

5 EL 339-353 (1975)

Chapter 468

See also annota­tions under ORS chapter 449 in permanent edi­tion.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider statutory pro­vi­sions of this chapter while acting on solid waste disposal permit applica­tion under ORS 459.205 (Permit required) to 459.265 (Hearings). Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of depart­ment to review engineering data and design of wigwam waste burner or of air pollu­tion control equip­ment, or to prohibit construc­tion or installa­tion, (1971) Vol 35, p 917; state antipollu­tion regula­tions applicable to mining activities in wilderness areas in na­tional parks, (1972) Vol 35, p 1042; 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 to prevent air or wa­ter pollu­tion, (1979) Vol 39, p 770

Law Review Cita­tions

4 EL 339 (1974)

1 Legislative Counsel Committee, CHAPTER 468—Environmental Quality Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors468.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468ano.­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