ORS 466.780
Variance upon petition


(1)

Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 (Commission rules) if the commission finds:

(a)

The alternative proposed by the petitioner provides protection to the public health, safety, welfare and the environment, equal to or greater than the rule or standard; and

(b)

The alternative proposal is at least as stringent as any applicable federal requirements.

(2)

The commission may grant a variance under subsection (1) of this section only if the commission finds that strict compliance with the rule or standard is inappropriate because:

(a)

Conditions exist that are beyond the control of the petitioner; or

(b)

Special physical conditions or other circumstances render strict compliance unreasonable, burdensome or impracticable.

(3)

The commission may delegate the authority to grant a variance to the Department of Environmental Quality.

(4)

Within 15 days after the department denies a petition for a variance, the petitioner may file with the commission a request for review by the commission. The commission shall review the petition for variance and the reasons for the department’s denial of the petition within 150 days after the commission receives a request for review. The commission may approve or deny the variance or allow a variance on terms different than the terms proposed by the petitioner. If the commission fails to act on a denied petition within the 150-day period the variance shall be considered approved by the commission. [1987 c.539 §22]

Source: Section 466.780 — Variance upon petition, https://www.­oregonlegislature.­gov/bills_laws/ors/ors466.­html.

466.005
Definitions for ORS 453.635 and 466.005 to 466.385
466.010
Purpose
466.015
Powers and duties of department
466.020
Rules and orders
466.025
Duties of commission
466.030
Designation of classes of facilities subject to certain provisions
466.035
Commission authority to impose standards for hazardous waste or PCB at Oregon facility
466.040
Application period for PCB or hazardous waste permit
466.045
Application form
466.050
Citizen advisory committees
466.055
Criteria for new facility
466.060
Criteria to be met by owner and operator before issuance of permit
466.065
Applicant for renewal to comply with ORS 466.055 and 466.060
466.067
Modification of PCB or hazardous waste permit to allow recycling operation
466.068
Technical assistance and information program for generators of hazardous waste
466.069
Hazardous Waste Technical Assistance Fund
466.070
Standards for rules
466.075
Rules for generators of hazardous waste
466.077
Fee for generators of hazardous waste to obtain identification number
466.080
Rules for transportation of hazardous waste
466.086
Gaining federal authorization
466.090
Inspection and copying of records authorized
466.095
Hazardous waste to be stored or treated at permitted site
466.100
Disposal of waste restricted
466.105
Duties of permittee
466.107
Action under ORS 466.105 against guarantor
466.110
Application
466.115
Required application information
466.120
Required application information to operate site
466.125
Notice of hearings on applications
466.130
Public hearing in areas of proposed site required
466.135
Recommendations by state agencies on applications
466.140
Review of applications
466.145
Review of treatment applications
466.150
Permit requirements
466.153
Exemption from state or local laws for sale or deeding of land
466.155
Acquisition by condemnation
466.160
Site permit fees
466.165
Annual fees
466.168
Annual fee for used oil processor
466.170
Revocation of permit
466.175
Disposition of site or facility after revocation
466.180
Department authority to limit storage, disposal or treatment
466.185
Investigation upon complaint
466.190
Investigation upon motion of department
466.195
Monitoring and surveillance program
466.200
Procedure for emergencies
466.205
Liability for improper disposal of waste
466.208
Requirement to reimburse department for costs associated with implementing corrective action
466.210
Actions or proceedings to enforce compliance
466.215
Post-closure permit for disposal site
466.225
Monitoring site
466.250
Definition of “PCB disposal facility.”
466.255
Disposal of PCB restricted
466.260
Duties of department
466.265
Rules for regulation of PCB disposal
466.270
Criteria for rules
466.275
Permit application for PCB disposal facility
466.280
Copies of application to be sent to affected state agencies
466.285
Notice of hearings on application
466.290
Public hearing in area of proposed facility required
466.295
Examination of applications
466.300
Restrictions on commission authority to issue permit
466.305
Investigation of complaints
466.310
Monitoring, inspection and surveillance program
466.315
Procedure for emergency
466.320
Conditions for holding permit
466.325
Annual fee
466.330
Acquisition by state of real property for disposal of PCB
466.335
Consequences of revocation
466.340
Restrictions on treatment or disposal of PCB at facility
466.345
PCB facility permit fee
466.350
Post-closure permit
466.355
Interstate cooperation regarding toxics use and hazardous waste reduction programs
466.357
Requirements for certain generators of hazardous waste
466.360
Policy
466.365
Commission authority to establish sites for which notice is required
466.370
Notice to owner
466.375
Filing of notice
466.380
Interagency agreement for notices for radioactive waste disposal sites
466.385
Amendment of comprehensive plan and land use regulations
466.505
Definitions for ORS 466.505 to 466.530
466.510
Sale of items containing concentrations of PCB prohibited
466.515
Electric transformers or capacitors exempted
466.520
Exemption certificates
466.525
Additional PCB compounds may be prohibited by rule
466.530
Prohibited disposal of waste containing PCB
466.605
Definitions for ORS 466.605 to 466.680
466.610
Department authority relating to cleanup of oil or hazardous material
466.615
Limit on commission and department authority over radioactive substances
466.620
Emergency response plan
466.625
Rulemaking
466.630
Commission designation of substance as hazardous material
466.635
Report of spill or release of reportable quantity of hazardous material
466.640
Strict liability for spill or release
466.645
Cleanup
466.670
Oil and Hazardous Material Emergency Response and Remedial Action Fund
466.675
Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund
466.680
Responsibility for expenses of cleanup
466.706
Definitions for ORS 466.706 to 466.882 and 466.994
466.710
Application of ORS 466.706 to 466.882 and 466.994
466.715
Legislative findings
466.720
Statewide underground storage tank program
466.725
Limitation on local government regulation
466.727
Prohibition on local government tax, fee or surcharge
466.730
Delegation of program administration to state agency or local government by agreement
466.735
Cooperation with Department of Consumer and Business Services and State Fire Marshal
466.740
Noncomplying installation prohibited
466.743
Training on operation, maintenance and testing
466.746
Commission rules
466.750
License procedure for persons servicing underground tanks
466.760
When permit required
466.765
Duty of owner or permittee of underground storage tank
466.770
Corrective action required on contaminated site
466.775
Grounds for refusal, modification, suspension or revocation of permit
466.780
Variance upon petition
466.783
Installation fee
466.785
Annual storage tank fee
466.787
Annual service provider fee
466.791
Underground Storage Tank Compliance and Corrective Action Fund
466.795
Underground Storage Tank Insurance Fund
466.800
Records as public records
466.805
Site inspection
466.810
Investigation on noncompliance
466.815
Financial responsibility of owner or permittee
466.820
Reimbursement to department
466.825
Strict liability of owner or permittee
466.830
Halting tank operation upon clear and immediate danger
466.835
Compliance and correction costs as lien
466.837
Noncompliance penalties for specific underground storage tank violations
466.840
Legislative findings
466.845
Commission authority to accept and expend moneys received for financial assistance programs
466.858
Heating oil tank regulatory program
466.862
License required to provide heating oil tank services
466.868
Licensing requirements
466.872
Certification of voluntary decommissioning or approval of corrective action
466.878
Required actions when use of underground heating oil tank is terminated
466.882
Rules
466.901
Definitions for ORS 466.901 to 466.915
466.903
Financial assistance program for fuel tanks holding aircraft or marine fuel
466.905
Eligibility for financial assistance
466.907
Rules
466.910
Sources of funds
466.913
Fuel Tank Compliance and Corrective Action Fund
466.915
Memorandum of understanding with State Marine Board or Department of Transportation
466.917
Priority of financial assistance granted by Director of Transportation
466.920
Priority for distribution of funds by State Marine Board
466.990
Civil penalties generally
466.992
Civil penalties for damage to wildlife resulting from contamination of food or water supply
466.994
Civil penalties for violations of underground storage tank regulations
466.995
Criminal penalties
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