2017 ORS 459.053¹
Powers of department regarding landfills

Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017 (Relationship of state to local governments in solid waste management), 459.047 (Landfill assistance from department) to 459.065 (State preemption), 459.245 (Issuance of permits) and 468.195 (Issuance of bonds authorized) to 468.260 (Return of unexpended funds to state required), the Department of Environmental Quality may:

(1) By mutual agreement, return all or part of the responsibility for development or operation of the landfill to the local government unit within whose jurisdiction the landfill is to be established, or contract with the local government unit to establish the landfill.

(2) To the extent necessary, acquire by purchase, gift, grant or exercise of the power of eminent domain, real and personal property or any interest therein, including the property of a public corporation or local government unit.

(3) Lease and dispose of real or personal property.

(4) At reasonable times and after reasonable notice, enter upon land to perform necessary surveys or tests.

(5) Acquire, modify, expand or build landfills.

(6) Subject to any limitations in ORS 468.195 (Issuance of bonds authorized) to 468.260 (Return of unexpended funds to state required), use money from the Pollution Control Fund created in ORS 468.215 (Pollution Control Fund) for the purposes of carrying out ORS 459.047 (Landfill assistance from department) and 459.049 (Mandated landfills in certain counties).

(7) Enter into contracts or other agreements with any local government unit or private person for the purposes stated in ORS 459.065 (State preemption) (1).

(8) Accept gifts, donations or contributions from any source to carry out the provisions of ORS 459.047 (Landfill assistance from department) and 459.049 (Mandated landfills in certain counties).

(9) Establish a system of fees or user charges to fund the operation and maintenance of a department owned landfill and to repay department costs. [1979 c.773 §6; 1983 c.826 §22; 1993 c.560 §11]

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.