ORS 459.095
Restrictions on authority of local government units

Text
Annotations 1

(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 (Rules) or 459A.025 (Adoption of rules regarding waste disposal and recycling) or with a solid waste management plan or program adopted by a metropolitan service district and approved by the Department of Environmental Quality or any ordinances or regulations adopted under such plan or program.

(2)

Solid waste management regulations adopted by a sanitary district or sanitary authority shall be limited to regulations supplemental to the rules adopted by the commission under ORS 459.045 (Rules) or 459A.025 (Adoption of rules regarding waste disposal and recycling) and necessary to meet special local conditions. [1971 c.648 §17; 1973 c.835 §139; 1977 c.95 §7; 1993 c.560 §16]

Source: Section 459.095 — Restrictions on authority of local government units, https://www.oregonlegislature.gov/bills_laws/ors/ors459.html.

Notes of Decisions

Neither Metropolitan Service District’s solid waste management plan nor its subsequent resolutions were in conflict with weight limitations in city’s conditional use permit for waste transfer facility, and city regulation was therefore not preempted under this section. Cusma v. City of Oregon City, 92 Or App 1, 757 P2d 433 (1988)

459.005
Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665 459.007
Applicability of ORS 459.005 to wood residue 459.015
Policy 459.017
Relationship of state to local governments in solid waste management 459.025
General powers and duties of department 459.035
Assistance in development and implementation of solid waste management plans and practices and recycling programs 459.045
Rules 459.046
Solid waste regulatory program 459.047
Landfill assistance from department 459.049
Mandated landfills in certain counties 459.051
Procedural rules 459.053
Powers of department regarding landfills 459.055
Landfills in farm use areas 459.057
Department to limit wastes allowed in landfills in certain counties 459.061
Upland placement of dredged material 459.065
State preemption 459.075
Acquisition of property for disposal sites by cities and counties 459.085
County authority outside cities 459.095
Restrictions on authority of local government units 459.105
Regulations on use of disposal sites 459.108
Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805 459.109
Effect of certain laws on cities and counties 459.118
Study of transportation routes and modes of transportation for transport of out-of-region solid waste 459.121
Legislative committee hearing on transportation study 459.125
Authority of Marion County over products or by-products of county disposal sites 459.135
Marion County authority over private facility in county 459.145
Limits on Marion County authority 459.153
Intent not to discourage recycling 459.205
Permit required 459.215
Exclusion of certain sites from permit requirement 459.225
Variances authorized 459.235
Applications for permits 459.236
Additional permit fees for remedial action or removal 459.243
Restrictions on issuance of permits under ORS 459.245 459.245
Issuance of permits 459.247
Prohibition on disposal of certain solid waste at disposal site 459.248
Cleanup of hazardous substance contaminating ground water 459.250
Place for collecting source separated recyclable material required for disposal site permit 459.255
Suspension or revocation of permits 459.265
Hearings 459.268
Closure of land disposal site 459.270
Renewal of permit prior to proposed closure of disposal site 459.272
Evidence of financial assurance for land disposal site 459.273
Disposition of excess moneys and interest received for financial assurance 459.280
Definitions for ORS 459.284 and 459.290 459.284
Use of disposal site fees 459.290
Disposal site rehabilitation and enhancement advisory committee 459.305
Certification or demonstration that government unit has implemented opportunity to recycle 459.310
Surcharge on solid waste disposal 459.311
Charge for remedial action or removal 459.315
Definitions for ORS 459.315 to 459.330 459.320
Regional disposal site advisory committee 459.325
Duties of regional disposal site advisory committee 459.330
Notification of advisory committee by regional disposal site permittee 459.335
Use of fees collected by the metropolitan service district 459.340
Implementation of the solid waste reduction program by metropolitan service district 459.345
Metropolitan service district report to commission 459.350
Commission review of metropolitan service district report 459.376
Action to enforce rules or orders 459.385
Entry upon private premises authorized 459.386
Definitions for ORS 459.386 to 459.405 459.387
Policy 459.388
Restrictions on discarding, storing or transporting infectious waste 459.390
Procedures for segregation and containment of infectious waste 459.395
Treatment of infectious wastes 459.398
Rules 459.400
Exceptions 459.405
Transport of infectious waste 459.411
Policy 459.412
Definition for ORS 459.411 to 459.417 459.413
Household hazardous waste depots 459.415
Department approval for collection activity required 459.417
Statewide household hazardous waste public education program 459.418
Contract for statewide collection of household hazardous waste 459.420
Permitted lead-acid battery disposal 459.422
Acceptance of used batteries by retailers and wholesalers 459.426
Notice to customers 459.431
Definitions for ORS 459.431 to 459.437 459.432
Policy 459.433
Limitation on sale or promotion of alkaline manganese or zinc carbon batteries 459.435
Prohibition on sale or promotion of button cell mercuric oxide batteries 459.437
Requirements for sale or promotion of mercuric oxide batteries 459.705
Definitions for ORS 459.705 to 459.790 459.708
Waste tire generator 459.710
Disposal in disposal site prohibited 459.712
Transport without carrier permit prohibited 459.715
Storage prohibited 459.720
Conditions for storage site permit 459.725
Application for storage site operator or carrier 459.730
Information in application for storage site permit 459.735
Notification of permit application in county of proposed disposal site 459.740
Hearing on site permit application 459.745
Department action on application 459.750
Storage site and carrier permit fees 459.755
Revocation of storage site or carrier permit 459.760
Monitoring and inspection of waste tire carriers and storage site 459.765
Department use of fees 459.772
Use of processed, source-separated waste tires for energy recovery 459.775
Waste Tire Recycling Account 459.780
Tire removal or processing plan 459.785
Rules 459.790
Exceptions to ORS 459.705 to 459.785 459.900
Thermostats and motor vehicle switches containing mercury 459.992
Criminal penalties 459.993
Penalties for violation of ORS 459A.757 459.995
Civil penalties

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§ 459.095’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_459.095

Original Source: Section 459.095 — Restrictions on authority of local government units, https://www.oregonlegislature.gov/bills_laws/ors/ors459.html (last accessed Aug. 25, 2023).