2017 ORS 468A.135¹
Function of authority
  • rules

(1) When authorized to do so by the Environmental Quality Commission, a regional authority formed under ORS 468A.105 (Formation of regional air quality control authorities) shall exercise the functions relating to air pollution control vested in the commission and the Department of Environmental Quality by ORS 468.020 (Rules and standards), 468.035 (Functions of department), 468.065 (Issuance of permits), 468.070 (Denial, modification, suspension or revocation of permits), 468.090 (Complaint procedure), 468.095 (Investigatory authority), 468.120 (Public hearings), 468.140 (Civil penalties for specified violations), 468A.025 (Air purity standards), 468A.040 (Permits), 468A.050 (Classification of air contamination sources), 468A.055 (Notice prior to construction of new sources), 468A.065 (Furnishing copies of rules and standards to building permit issuing agencies), 468A.070 (Measurement and testing of contamination sources) and 468A.700 (Definitions for ORS 468A.700 to 468A.760) to 468A.755 (Exemptions) insofar as such functions are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. Such functions may be exercised over both incorporated and unincorporated areas within the territory of the regional authority, regardless of whether the governing body of a city within the territory of the region is participating in the regional authority.

(2) No regional authority is authorized to establish or alter areas or to adopt any rule or standard that is less strict than any rule or standard of the commission. The regional authority must submit to the commission for its approval all air quality standards adopted by the regional authority prior to enforcing any such standards.

(3) Subject to ORS 468A.140 (Assumption, retention and transfer of control over classes of air contamination sources), 468A.145 (Contract for commission to retain authority under ORS 468A.135) and 468A.165 (Compliance with state standards required), when a regional authority is exercising functions under subsection (1) of this section, the commission and the department shall not exercise the same functions in the same territory. The regional authority’s jurisdiction shall be exclusive. The regional authority shall enforce rules and standards of the commission as required to do so by the commission.

(4) The commission and the regional authorities may regulate, limit, control or prohibit by rule all air contamination sources not otherwise exempt within their respective jurisdictions. However, field burning and forestland burning shall be regulated by the commission and fire permit agencies as provided in ORS 468A.555 (Policy to reduce open field burning) to 468A.620 (Experimental field sanitization) and 468A.992 (Civil penalties for open field burning violations), 476.380 (Fire permits), 477.505 (State Forester may declare fire season in district) to 477.562 (Registration fee) and 478.960 (Burning of certain materials permitted only with permission of fire chief). [Formerly 468.535; 1993 c.420 §1]

(formerly 468.360 to 468.405)

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468A.­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.