ORS 459.215
Exclusion of certain sites from permit requirement; rules


By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205 (Permit required). Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health hazard, air or water pollution, or other serious problem. Facilities operated under a permit issued under ORS 468B.050 (Water quality permit) or 468B.053 (Alternatives to obtaining water quality permit) are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205 (Permit required). However, exclusion from the permit requirements of ORS 459.205 (Permit required) does not relieve any person from compliance with other requirements of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.105 (Regulations on use of disposal sites) and 459.205 (Permit required) to 459.385 (Entry upon private premises authorized) and the rules and regulations adopted pursuant thereto.


By rule and after public hearing the commission may establish classes of disposal sites that qualify for exclusion under this section. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22; 1997 c.286 §4]
§§ 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)

Last accessed
May. 15, 2020