2015 ORS 459.045¹
Rules

(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the:

(a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public.

(b) Location of disposal sites, giving consideration to:

(A) The adaptability of each disposal site to the population served, topography and geology of the area and other characteristics as they affect protection of ground and surface waters and air pollution;

(B) Minimum standards of design, management and operation of disposal sites; and

(C) Salvage operations at disposal sites.

(c) Construction, loading and operation of vehicles used in performing collection service to prevent the contents of the vehicles from dropping, sifting, leaking or escaping onto public highways.

(d) Definition of other "wastes" subject to regulation under ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.105 (Regulations on use of disposal sites), 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) and 459.992 (Criminal penalties) (1) and (2).

(e) Closure and post-closure maintenance of land disposal sites.

(2) The commission may by rule:

(a) Exempt a class of land disposal sites other than those receiving domestic solid waste from the requirement to provide financial assurance under ORS 459.272 (Evidence of financial assurance for land disposal site); or

(b) Establish criteria that a land disposal site must meet to be exempted from the requirement to provide financial assurance under ORS 459.272 (Evidence of financial assurance for land disposal site).

(3) The commission shall adopt rules on other subjects as necessary to carry out:

(a) 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).

(b) ORS 646.608 (Additional unlawful business, trade practices) (1)(y). Rules adopted under this paragraph shall, to the greatest extent practicable, be consistent with the labeling requirements of other states.

(4) The commission shall adopt rules which have modified or limited application in different geographic areas of the state when special conditions prevail in specified geographic areas. Special conditions that shall be considered include, but are not limited to, climatic conditions, zone classification of the area, population characteristics, methods and costs of solid waste management, solid waste management plans and other conditions in the area. Modifications or limitations shall not be unreasonable, arbitrary or inimical to the policy and purposes 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).

(5) All rules adopted under this section shall be adopted after public hearing and in accordance with ORS chapter 183.

(6) Unless a rule adopted under this section is adopted pursuant to the authority granted by ORS 183.335 (Notice) (5), the commission shall mail copies of the proposed rules to all persons who have requested such copies. The copies shall be mailed at least 30 days prior to the hearing required by subsection (5) of this section. [1971 c.648 §5; 1973 c.835 §137; 1981 c.709 §2; 1983 c.766 §6; 1993 c.560 §§7,7a; 2001 c.924 §23]

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/­ors/­ors459.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.