2015 ORS 468.070¹
Denial, modification, suspension or revocation of permits

(1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 (Issuance of permits) if it finds:

(a) A material misrepresentation or false statement in the application for the permit.

(b) Failure to comply with the conditions of the permit.

(c) Violation of any applicable provisions of ORS 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup), 466.990 (Civil penalties generally) (3) and (4) and 466.995 (Criminal penalties) (2) or ORS chapters 468, 468A and 468B.

(d) Violation of any applicable rule, standard or order of the Environmental Quality Commission.

(2) The department may modify any permit issued pursuant to ORS 468.065 (Issuance of permits) if it finds that modification is necessary for the proper administration, implementation or enforcement of the provisions of ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (Municipality defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal), 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup) and ORS chapters 468, 468A and 468B.

(3) The procedure for modification, suspension, revocation or refusal to issue or renew shall be the procedure for a contested case as provided in ORS chapter 183. [1973 c.835 §14; 1979 c.184 §1; 1985 c.733 §22; 1993 c.422 §32]

Chapter 468

See also annota­tions under ORS chapter 449 in permanent edi­tion.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider statutory pro­vi­sions of this chapter while acting on solid waste disposal permit applica­tion under ORS 459.205 (Permit required) to 459.265 (Hearings). Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of depart­ment to review engineering data and design of wigwam waste burner or of air pollu­tion control equip­ment, or to prohibit construc­tion or installa­tion, (1971) Vol 35, p 917; state antipollu­tion regula­tions applicable to mining activities in wilderness areas in na­tional parks, (1972) Vol 35, p 1042; 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 to prevent air or wa­ter pollu­tion, (1979) Vol 39, p 770

Law Review Cita­tions

4 EL 339 (1974)


1 Legislative Counsel Committee, CHAPTER 468—Environmental Quality Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468.­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.