2017 ORS 459.243¹
Restrictions on issuance of permits under ORS 459.245

(1) As used in this section:

(a) “Property line” has the meaning given that term in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(b) “School” means:

(A) A public or private institution of learning providing instruction in kindergarten through grade 12, or any combination of those grade levels; and

(B) The surrounding buildings, other structures, playgrounds, athletic fields, parking lots and any other areas of the institution that are accessed by students of the institution on a regular basis.

(2) The Department of Environmental Quality may not issue a disposal site permit under ORS 459.245 (Issuance of permits) to establish a commercial disposal site for composting if:

(a) The property line of the proposed disposal site for composting is located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses; and

(b) The proposed disposal site for composting requires approval from a metropolitan service district under ORS 268.318 (District approval required for disposal, transfer or resource recovery site or facility). [2013 c.524 §5]

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.