2017 ORS 468.265¹
Powers of county over pollution control facilities
  • limitations

(1) In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following:

(a) To acquire, whether by purchase, exchange, devise, gift or otherwise, establish, construct, improve, maintain, equip and furnish one or more pollution control facilities or any interest therein to be located, in whole or in part, within such municipality or in another municipality, if the other municipality gives written consent.

(b) To enter into a lease, sublease, lease-purchase, installment sale, sale, or agreement for any facility upon such terms and conditions as the governing body may deem advisable, provided the same shall at least fully cover all debt service requirements with respect to the facility and shall not conflict with the provisions of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(c) To sell, exchange, donate and convey to others any or all facilities upon such terms as the governing body may deem advisable, including the power to receive for any such sale the note or notes of the purchaser of the facilities or property whenever the governing body finds any such action to be in furtherance of the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(d) To issue revenue bonds for the purpose of carrying out any of its powers under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(e) Whenever the governing body finds such loans to be in the furtherance of the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds) and subject always to the limitations contained in ORS 468.266 (Issuance of bonds), to make secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a facility and to charge and collect interest on such loans and pledge the proceeds thereof as security for the payment of the principal and interest of any bonds issued hereunder and any agreements made in connection therewith. A facility, in whole or in part, must be located in the municipality or in another municipality if the other municipality gives written consent.

(f) To mortgage and pledge any or all facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues, proceeds and receipts or any portion thereof from a facility as security for the payment of the principal of and interest on any bonds so issued.

(g) To refund outstanding obligations incurred by an enterprise to finance the cost of a facility when the governing body finds that such refinancing is in the public interest.

(h) To pay compensation for professional services and other services as the governing body shall deem necessary to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(i) To acquire and hold obligations of any kind to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(j) To invest and reinvest funds under its control as the governing body shall direct.

(k) To enter into contracts and execute any agreements or instruments and to do any and all things necessary or appropriate to carry out the purposes of ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds).

(L) To acquire, own, sell, assign or otherwise hold legal or equitable title to or an interest in pollution control facilities or hold federal tax ownership of pollution control facilities.

(2) The county shall not have the power to operate any facility as a business other than as owner pursuant to subsection (1)(L) of this section or as lessor or seller, nor shall it permit any funds derived from the sale of bonds to be used by any lessee or purchaser of a facility as working capital.

(3) Counties may jointly exercise any power or authority granted under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds), including, without limitation, the power to borrow money or issue bonds or notes.

(4) For the purpose of exercising the power and authority granted under ORS 468.263 (Definitions for ORS 468.263 to 468.272) to 468.272 (Application of other laws relating to bonds), a county is not subject to the requirements of ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) or ORS chapter 279A, 279B or 279C. [1974 c.34 §3; 2001 c.680 §7; 2003 c.794 §292]

Note: See note under 468.263 (Definitions for ORS 468.263 to 468.272).

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468.­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.