ORS 459.065
State preemption
- intergovernmental agreements authorized
(1)
The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions 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), 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) and 459A.005 (“Opportunity to recycle” defined) to 459A.085 (City, county authority to issue collection service franchises) by local government units is a matter of statewide concern. In carrying out the provisions 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), 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) and 459A.005 (“Opportunity to recycle” defined) to 459A.085 (City, county authority to issue collection service franchises), a local government unit may, as one of its authorized functions, enter into any agreement which the local government unit determines is desirable, for any period of time, with the Department of Environmental Quality, any local government unit or other person:(a)
For joint franchising of service or the franchising or licensing of disposal sites.(b)
For joint preparation or implementation of a solid waste management plan.(c)
For establishment of a joint solid waste management system.(d)
For cooperative establishment, maintenance, operation or use of joint disposal sites, including but not limited to energy and material recovery facilities.(e)
For the employment of persons to operate a site owned or leased by the local government unit.(f)
For promotion and development of markets for energy and material recovery.(g)
For the establishment of landfills including site planning, location, acquisition, development and placing into operation.(2)
Authority granted by 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) to a local government unit is specific and is in no way intended to restrict the general authority granted under ORS 190.010 (Authority of local governments to make intergovernmental agreement) to 190.030 (Effect of agreement), 190.110 (Authority of units of local government and state agencies to cooperate), 203.010 (General powers of county as body politic and corporate) to 203.075 (Applicable law for local improvement assessments), 203.111 (County governing body), 203.145 (Appointment of legal counsel for county governing body) to 203.810 (Offenses under county law) and ORS chapters 268, 450 and 451 and is in addition to and not in lieu of such authority. [1971 c.648 §14; 1973 c.835 §138; 1975 c.239 §3; 1977 c.95 §6; 1979 c.773 §7; 1993 c.560 §14]
Source:
Section 459.065 — State preemption; intergovernmental agreements authorized, https://www.oregonlegislature.gov/bills_laws/ors/ors459.html.
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