Exclusion of certain sites from permit requirement
- • rules
(1) By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205 (Permit required). Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health hazard, air or water pollution, or other serious problem. Facilities operated under a permit issued under ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205 (Permit required). However, exclusion from the permit requirements of ORS 459.205 (Permit required) does not relieve any person from compliance with other requirements 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) and the rules and regulations adopted pursuant thereto.
(2) By rule and after public hearing the commission may establish classes of disposal sites that qualify for exclusion under this section. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22; 1997 c.286 §4]
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