Oregon Revised Statutes

Or. Rev. Stat. § 459.125 (2026)

Authority of Marion County over products or by-products of county disposal sites

✓ current as of May 2026
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      459.125 Authority of Marion County over products or by-products of county disposal sites. (1) Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, the board of county commissioners of Marion County may:

      (a) Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use other methods of sale or disposal for the products or by-products of the disposal sites of the county.

      (b) Require any person or class of persons who generate solid waste to make use of the disposal, transfer or material or energy recovery sites or facilities of the county or disposal, transfer or material or energy recovery sites or facilities designated by the county.

      (c) Require any person or class of persons who pick up, collect or transport solid waste to make use of the disposal, transfer or material or energy recovery sites or facilities of the county or disposal, transfer or material or energy recovery sites or facilities designated by the county.

      (d) Regulate, license, franchise and certify disposal, transfer and material or energy recovery sites or facilities; establish, maintain and amend rates charged by disposal, transfer and material or energy recovery sites or facilities; establish and collect license or franchise fees; and otherwise control and regulate the establishment and operation of all public or private disposal, transfer and material or energy recovery sites or facilities located within the county. Licenses or franchises granted by the board may be exclusive.

      (e) Cause solid wastes received and accepted at the disposal sites of the county to be processed, recycled or reused.

      (2) Contracts and other agreements authorized under subsection (1) of this section may be for terms not longer than 20 years. [1981 c.386 §2; 1993 c.560 §19]

      459.130 [1969 c.509 §3; 1971 c.330 §1; 1971 c.648 §30; 1979 c.190 §421; repealed by 1981 c.81 §3]

Notes of Decisions
Cited in 2 cases, 1992–1993 · leading case: Gilliam Cnty. v. Dep't of Env't Quality, 849 P.2d 500 (Or. 1993).
Gilliam Cnty. v. Dep't of Env't Quality, 849 P.2d 500 (Or. 1993). “053(9) (DEQ — fees to repay department costs and fund operation and maintenance of a department-owned landfill disposal site); ORS 459.125(l)(d) (Marion County — fees to control and regulate disposal, transfer, and resource recovery sites located in the county); former ORS 459.”
Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “053(9) (DEQ —fees to repay department costs and fund operation and maintenance of a department owned landfill disposal site); ORS 459.125(l)(d) (Marion County — fees to control and regulate disposal, transfer and resource recovery sites located in the county); former ORS 459.”
— Or. Rev. Stat. § 459.125(l)(d) — 2 cases
Gilliam Cnty. v. Dep't of Env't Quality, 849 P.2d 500 (Or. 1993). “053(9) (DEQ — fees to repay department costs and fund operation and maintenance of a department-owned landfill disposal site); ORS 459.125(l)(d) (Marion County — fees to control and regulate disposal, transfer, and resource recovery sites located in the county); former ORS 459.”
Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “053(9) (DEQ —fees to repay department costs and fund operation and maintenance of a department owned landfill disposal site); ORS 459.125(l)(d) (Marion County — fees to control and regulate disposal, transfer and resource recovery sites located in the county); former ORS 459.”
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