ORS 459.049
Mandated landfills in certain counties
- establishment by state
(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 residents of an area for which a local government solid waste management plan has identified the need for a landfill. In making its determination on the need for a landfill or, where applicable, on the location of a landfill, the commission shall give due consideration to:(a)
The legislative policy and findings expressed in ORS 459.015 (Policy), 459.017 (Relationship of state to local governments in solid waste management) and 459.065 (State preemption), and particularly the policy that action taken under this section be exercised in cooperation with local government;(b)
The provisions of the solid waste management plan or plans for the affected area;(c)
Applicable local government ordinances, rules, regulations and plans other than for solid waste management;(d)
The statewide land use planning goals as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325);(e)
The need for a landfill;(f)
The availability and capacity of alternative disposal sites or material or energy recovery facilities;(g)
The time required to establish a landfill;(h)
Information received from public comment and hearings; and(i)
Any other factors the commission considers relevant.(2)
If the commission makes a determination under subsection (1) of this section that there is a need for a landfill within a plan area, the commission may issue an order directing the local government unit responsible for implementing the plan to establish a landfill within a specified period of time. The order may specify a time schedule for the completion of the major elements required to establish the site. A local government unit directed to establish a landfill under this section may request assistance from the department or request that the department establish the disposal site as provided in ORS 459.047 (Landfill assistance from department).(3)
If the commission determines that the establishment of a landfill ordered by the commission under subsection (2) of this section is not being accomplished or that the completion of major elements has fallen behind the time schedule specified in the order, the commission may direct the department to establish the landfill or complete the establishment of the landfill undertaken by the local government unit. The commission may direct the department to establish or complete the establishment of a landfill under this section only if the commission finds that:(a)
The action is consistent with the statewide planning goals relating to solid waste management adopted under ORS chapters 195, 196 and 197 and any applicable provisions of a comprehensive plan or plans; and(b)
The responsible local government unit is unable to establish the landfill ordered by the commission under subsection (2) of this section.(4)
If the commission directs the department to establish or complete the establishment of a landfill under subsection (3) of this section, the department may establish the site subject only to the approval of the commission and the provisions of the solid waste management plan adopted for the area and in consultation with all affected local government units. Notwithstanding any city, county or other local government charter or ordinance to the contrary, the department may establish a landfill under this subsection without obtaining any license, permit, franchise or other form of approval from a local government unit. [1979 c.773 §4; 1983 c.827 §54; 1985 c.565 §74; 1993 c.560 §9]
Source:
Section 459.049 — Mandated landfills in certain counties; establishment by state, https://www.oregonlegislature.gov/bills_laws/ors/ors459.html.
Law Review Citations
16 WLR 469 (1979)
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