ORS 459.205
Permit required

(1)

Except as provided by ORS 459.215 (Exclusion of certain sites from permit requirement), a disposal site shall not be established, operated, maintained or substantially altered, expanded or improved, and a change shall not be made in the method or type of disposal at a disposal site, until the person owning or controlling the disposal site obtains a permit therefor from the Department of Environmental Quality as provided in ORS 459.235 (Applications for permits).

(2)

The person who holds or last held the permit issued under subsection (1) of this section, or, if that person fails to comply, then the person owning or controlling a land disposal site that is closed and no longer receiving solid waste must continue or renew the permit required under subsection (1) of this section after the site is closed for the duration of the period in which the department continues to actively supervise the site, even though solid waste is no longer received at the site. [1971 c.648 §6; 1983 c.766 §7; 1993 c.560 §21a]
§§ 459.205 to 459.265

Notes of Decisions

It was proper for Department of Environmental Quality to consider water pollution statutes in ORS chapter 468 while acting on solid waste disposal permit application. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Chapter 459

Atty. Gen. Opinions

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 determined to be solid waste, (1979) Vol 39, p 770

Law Review Citations

16 WLR 459 (1979)

Source
OR Legislature
Last accessed
May. 15, 2020
REMOVE ADS