2015 ORS 459.245¹
Issuance of permits
  • terms
  • refusal to renew
  • disposal of liquid waste

(1) If the disposal site meets 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) and rules of the Environmental Quality Commission adopted pursuant thereto, the Department of Environmental Quality shall issue the permit. Every completed application shall be approved or disapproved within 60 days after its receipt by the department. Except as provided in ORS 459.055 (Landfills in farm use areas) or for a permit issued under the process set forth in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application), if the department fails to act within the time allowed, the application shall be considered approved unless an extension of time is granted by the commission on a showing of good cause by the department.

(2) Disposal site permits shall be issued for a period not to exceed 10 years, to be determined by the department and specified in the permit.

(3) Subject to the provisions of ORS chapter 183, the department may refuse to renew a permit unless the disposal site meets the requirements of subsection (1) of this section.

(4) The department may, consistent with applicable federal law, authorize in a disposal site permit the addition at a disposal site of liquid waste or water in a controlled fashion to enhance the decomposition of solid waste if the disposal site otherwise meets 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) and rules of the commission adopted pursuant thereto. For purposes of this subsection, "liquid waste" means any waste that, by using a paint filter liquids test method adopted by the commission, is determined to contain free liquids. [1971 c.648 §10; 1973 c.835 §142; 1979 c.773 §8; 1991 c.735 §26; 1993 c.560 §26; 2003 c.649 §2]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.