2017 ORS 459.225¹
Variances authorized

(1) If the Environmental Quality Commission finds that a disposal site cannot meet one or more of the 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) or any rule or regulation adopted pursuant thereto, it may issue a variance from such requirement either for a limited or unlimited time or it may issue a permit containing a schedule of compliance specifying the time or times permitted to bring the disposal site into compliance with such requirements, or it may do both.

(2) In carrying out the provisions of subsection (1) of this section, the commission may grant specific variances from particular requirements or may grant a permit to an applicant or to a class of applicants or to a specific disposal site, and specify conditions it considers necessary to protect the public health.

(3) The commission shall grant a variance only if:

(a) Conditions exist that are beyond the control of the applicant.

(b) Special conditions exist that render strict compliance unreasonable, burdensome or impractical.

(c) Strict compliance would result in substantial curtailment or closing of a disposal site and no alternative facility or alternative method of solid waste management is available.

(4) A variance may be revoked or modified by the commission after a public hearing held upon not less than 10 days’ notice. Such notice shall be served upon all persons who the commission knows will be subjected to greater restrictions if such variance is revoked or modified, or who are likely to be affected or who have filed with the commission a written request for such notification.

(5) In addition to the authority to issue a variance under subsections (1) to (4) of this section, the commission may modify an existing disposal site permit to specify the conditions under which the disposal site may accept and dispose of infectious waste. The commission also may require that an energy recovery facility or solid waste incinerator accept infectious waste generated in Oregon if the infectious waste has been contained and transported in accordance with ORS 459.390 (Procedures for segregation and containment of infectious waste) and 825.256 (Rules for transportation of infectious waste), but only so long as the volume of infectious waste generated outside the county in which the facility or incinerator is located does not affect the ability of the facility or incinerator to process or dispose of all waste generated within the county in which the facility or incinerator is located. As used in this subsection, “infectious waste” has the meaning given that term in ORS 459.386 (Definitions for ORS 459.386 to 459.405).

(6) The establishment, operation, maintenance, expansion, alteration, improvement or other change of a disposal site in accordance with a variance is not a violation 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) or any rule or regulation adopted pursuant thereto. [1971 c.648 §8; 1973 c.835 §141; 1989 c.763 §13; 1993 c.560 §23]

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider wa­ter pollu­tion statutes in ORS chapter 468 while acting on solid waste disposal permit applica­tion. Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), 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.