Oregon · statute · Or. Rev. Stat. ch. 459 · 116 active provisions
As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665: (1) “Affected person” means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service distr…
ORS 459.005 does not apply to wood residue that: (1) Is a by-product of manufacturing wood products or processing wood at a facility that manufactures wood products, including a sawmill, pulp mill or paper mill; (2) Is not commingled with other types of solid waste; and (3)(a) Is combusted as a fuel by the generator of…
(1) The Legislative Assembly finds and declares that: (a) The planning, development and operation of recycling programs is a matter of statewide concern. (b) The opportunity to recycle should be provided to every person in Oregon. (c) There is a shortage of appropriate sites for landfills in Oregon. (d) It is in the be…
(1) The Legislative Assembly finds and declares that: (a) The planning, location, acquisition, development and operation of landfills is a matter of statewide concern. (b) Local government units have the primary responsibility for planning for solid waste management. (c) Where the solid waste management plan of a local…
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (1) Shall promote and coordinate research, studies and demonstration projects on improved methods and techniques in all phases of solid waste management. (2) May apply to and receive funds from the federal gove…
Consistent with ORS 459.015 (2)(e), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical and planning assistance in development and implementation of effective solid waste management plans and practices, implementati…
(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the: (a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollutio…
The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain partial and final approval of a solid waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580 and…
Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall: (1) Assist the local government unit in the esta…
Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall: (1) Assist the local government unit in the esta…
(1) Upon its own motion or upon the recommendation of the Department of Environmental Quality, the Environmental Quality Commission may determine that a landfill within the counties of Marion, Polk, Clackamas, Washington or Multnomah must be established in order to protect the health, safety and welfare of the resident…
In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules: (1) To establish a procedure for local government units to request assistance from the Department of Environmental Quality in the establishment of a landfill under ORS 459.047, and to…
Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017, 459.047 to 459.065, 459.245 and 468.195 to 468.260, the Department of Environmental Quality may: (1) By mutual agreement, return all or part of the responsibility for development or operation of the landfill to the local go…
(1) Before issuing a permit for a landfill established after October 3, 1979, in any area zoned for exclusive farm use, the Department of Environmental Quality shall determine that the site can and will be reclaimed for uses permissible in the exclusive farm use zone. A permit issued for a landfill in an exclusive farm…
(1) Before issuing a permit for a landfill to be established under ORS 459.047 or 459.049 or for a disposal site established as a conditional use in an area zoned for exclusive farm use within the boundaries of Clackamas, Marion, Multnomah, Polk or Washington County, the Department of Environmental Quality shall requir…
(1) For purposes of any rules adopted by the Environmental Quality Commission pursuant to ORS 459.005 to 459.437 that require a determination that the use of a solid waste is productive, upland placement of dredged material by a port district shall be determined productive. Nothing in this section is intended to affect…
(1) The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085 by local government units is a matter of statewide concern. In carrying out the provisions…
Subject to the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385, a county or a city may acquire real or personal property by lease, purchase, exercise of the power of eminent domain or otherwise for the purpose of operating and maintaining disposal sites. With the consent of the city involved, a county may…
(1) With respect to areas outside of cities, a board of county commissioners may, by ordinance or by regulation or order adopted pursuant to an ordinance or regulation: (a) Prescribe the quality and character of and rates for collection service, and the minimum requirements to guarantee maintenance of service. (b) Divi…
(1) No ordinance, order, regulation or contract affecting solid waste management shall be adopted by a local government unit if such ordinance, order, regulation or contract conflicts with rules adopted by the Environmental Quality Commission under ORS 459.045 or 459A.025 or with a solid waste management plan or progra…
A local government unit may regulate the use of each disposal site owned or operated by the local government unit, governing the volume or type of solid wastes that will be received at the site and the particular class of person that may use the site.
(1) A city or county may impose a civil penalty to enforce the requirements of an ordinance that prohibits any action or conduct described in ORS 164.775, 164.785 or 164.805. (2) An ordinance described in subsection (1) of this section may establish a maximum or minimum amount for the civil penalty imposed under the or…
Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469B.403: (1) Supersedes any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste; or (2) Authorizes the collection of solid waste within a city or county without permission of the city…
Before any disposal site operator enters into a new contract to receive more than 75,000 tons per year of solid waste from outside the region, the person proposing to transport the solid waste to the disposal site shall conduct or have conducted a study of the alternative transportation routes and modes of transportati…
Upon completion of the study required under ORS 459.118, the appropriate legislative committee shall conduct a hearing on the proposed contract and transportation study to allow the public to discuss the adequacy of the study and the best transportation route and mode to be used to transport the solid waste under the p…