2017 ORS 459.065¹
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]

Notes of Decisions

Under Former Similar Statutes (Ors 459.210 Et Seq.)

State did not intend to preempt authority over local waste collectors. Schmidt v. Masters, 7 Or App 421, 490 P2d 1029 (1971), Sup Ct review denied

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.