2017 ORS 459.055¹
Landfills in farm use areas
  • waste reduction programs

(1) Before issuing a permit for a landfill established after October 3, 1979, in any area zoned for exclusive farm use, the Department of Environmental Quality shall determine that the site can and will be reclaimed for uses permissible in the exclusive farm use zone. A permit issued for a landfill in an exclusive farm use zone must contain requirements that:

(a) Ensure rehabilitation of the site at the termination of the use for solid waste disposal to a condition comparable to its original use;

(b) Protect the public health and safety and the environment;

(c) Minimize the impact of the landfill on adjacent property;

(d) Minimize traffic; and

(e) Minimize rodent and vector production and sustenance.

(2) Before issuing a permit for any disposal site, including a landfill established under ORS 459.047 (Landfill assistance from department) or 459.049 (Mandated landfills in certain counties), the department shall require:

(a) Any person who sends more than 75,000 tons of solid waste a year to the disposal site to prepare a waste reduction program accepted by the department; and

(b) That any contract or agreement to dispose of more than 75,000 tons of out-of-state solid waste a year in an Oregon disposal site established under ORS 459.047 (Landfill assistance from department) or 459.049 (Mandated landfills in certain counties) provides for a waste reduction program accepted by the department.

(3) A disposal site subject to the requirements of subsection (2) of this section may not accept solid waste from any person disposing of solid waste originating in any local government unit that does not have a waste reduction program or a contract accepted by the department. The department shall review the local government programs and the contract programs in the manner provided in subsection (5) of this section. A waste reduction program shall provide for:

(a) A commitment by the local government unit to reduce the volume of waste that would otherwise be disposed of in a landfill through techniques such as waste prevention, recycling, reuse, composting and energy recovery;

(b) An opportunity to recycle that:

(A) Includes a program for recycling that achieves the applicable recovery rate in ORS 459A.010 (Policy) (2) for waste originating in Oregon, or as demonstrated by the disposal site operator for waste originating outside Oregon, either a recovery rate equivalent to that achieved in a comparable county in Oregon or a recycling and waste prevention program equivalent to the opportunity to recycle in ORS 459A.005 (“Opportunity to recycle” defined) (1)(a) and (2) and the program elements in ORS 459A.007 (Opportunity to recycle program elements); and

(B) For waste originating inside Oregon, meets or exceeds the requirements of ORS 459.250 (Place for collecting source separated recyclable material required for disposal site permit) and 459A.005 (“Opportunity to recycle” defined) to 459A.085 (City, county authority to issue collection service franchises);

(c) A timetable for implementing each portion of the waste reduction program;

(d) Energy efficient, cost-effective approaches for waste reduction;

(e) Procedures commensurate with the type and volume of solid waste generated in the area; and

(f) Legal, technical and economic feasibility.

(4) For each area outside the state from which a disposal site receives solid waste, the disposal site has two years after first accepting solid waste from the area to demonstrate how the area complies with the requirements of subsection (3) of this section. If after two years the waste reduction program required under subsection (3) of this section is not implemented, the Environmental Quality Commission may, by order, direct such implementation, or may prohibit the disposal site from accepting waste from the person responsible for preparing the waste reduction program. The disposal site operator shall provide written notice to the department prior to first accepting solid waste from outside the state. The requirements of this subsection apply only to contracts entered into after September 9, 1995.

(5) The department shall review a waste reduction program prepared under subsection (2) of this section and shall accept the program if it meets the criteria prescribed in subsection (3) of this section.

(6) Notwithstanding ORS 459.245 (Issuance of permits) (1), if the department fails to act on an application subject to the requirements of this section within 60 days, the application is not considered granted.

(7) A contract or agreement for the disposal of solid waste made between an owner or operator of a disposal site and a person does not affect the authority of the commission to establish or modify the requirements of an acceptable waste reduction program under subsection (2) of this section.

(8) Notwithstanding any other provision of law relating to solid waste disposal, if the state of origin prohibits or restricts the disposal of any kind of solid waste within the state of origin, the prohibition or restriction also applies to the disposal of the solid waste in Oregon. [1979 c.773 §8a; 1989 c.541 §2; 1991 c.765 §8; 1993 c.560 §12; 1995 c.541 §1; 1997 c.552 §3; 2015 c.534 §14]

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.