Hazardous Waste and Hazardous Materials II

ORS 466.335
Consequences of revocation


(1)

If the Environmental Quality Commission revokes a PCB disposal facility permit under ORS 466.170 (Revocation of permit), the commission may:

(a)

Close the existing PCB disposal site or facility; or

(b)

Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal or treatment of PCB according to the provisions of subsection (2) of this section.

(2)

The department may, upon direction from the commission and after payment of just compensation, acquire and own an existing facility for use in the disposal of PCB. In order to secure such a facility, the commission may modify or waive any of the requirements of ORS chapter 459 and ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations), 466.990 (Civil penalties generally) (1) and (2) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply), but not ORS 469.375 (Required findings for radioactive waste disposal facility certificate) or 469.525 (Radioactive waste disposal facilities prohibited), if the commission finds that waiver or modification:

(a)

Is necessary to make operation of the facility economically feasible; and

(b)

Will not endanger the public health and safety or the environment. [1985 c.670 §30; 1987 c.540 §50; 1993 c.422 §27; 1993 c.560 §105]
Chapter 466

Law Review Citations

29 WLR 297 (1993)


Source

Last accessed
Jun. 26, 2021