Oregon Revised Statutes

Or. Rev. Stat. § 459.235 (2026)

Applications for permits; fees

✓ current as of May 2026

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459.235 Applications for permits; fees. (1) Applications for permits shall be on forms prescribed by the Department of Environmental Quality. An application shall contain a description of the existing and proposed operation and the existing and proposed facilities at the site, with detailed plans and specifications for any facilities to be constructed. The application shall include a recommendation by each local government unit having jurisdiction and such other information the department deems necessary in order to determine whether the site and solid waste disposal facilities located at the site and the operation will comply with applicable requirements.

(2) The Environmental Quality Commission shall establish a schedule of fees for disposal site permits. Consistent with the policies in ORS 459.015, moneys collected under this section shall be used to fund oversight activities related to solid waste disposal sites, including but not limited to policy development, permitting, inspecting, monitoring, enforcement, training, technical assistance, responding to complaints, rulemaking and any other activities that support the safe management of solid waste.

(3) Notwithstanding any other fee or surcharge imposed under ORS 459.005 to 459.437 or 459A.005 to 459A.120, for the disposal of solid waste, in order to encourage the use of suitable material other than virgin material for daily cover at a disposal site, the only fee that may be charged for the disposal of substitute material that is also used for daily cover is the permit fee established under this section. [1971 c.648 §9; 1977 c.37 §1; 1983 c.144 §1; 1987 c.876 §18; 1989 c.833 §154; 1991 c.331 §65; 1991 c.385 §12a; 1993 c.343 §2; 1993 c.560 §§24,24a; 1995 c.281 §1; 2003 c.794 §285; 2015 c.662 §§1,8]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1992–2022 · leading case: Oregon Waste Sys., Inc. v. Dep't of Env't Quality of Ore., 511 U.S. 93 (1994).

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Oregon Waste Sys., Inc. v. Dep't of Env't Quality of Ore., 511 U.S. 93 (1994). · cites it 2× “, Ore. Rev. Stat. §§ 459.235(3), 459.310 (1991).”

Kinzua Resources v. DEQ, 468 P.3d 410 (Or. 2020). “215, a disposal site shall not be established, operated, maintained or sub- stantially 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 dis- posal site obtains a permit…”

Gilliam Cnty. v. Dep't of Env't Quality, 849 P.2d 500 (Or. 1993). “085 in 1991) (cities and counties — fees from persons holding collection service franchises); ORS 459.235 (fee for permit to operate a disposal site); ORS 459.”

Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). · cites it 3× “The amount of the surcharge shall be based on the costs to the State of Oregon and its political subdivisions of disposing of solid waste generated out-of-state which are not otherwise paid for under the provisions of ORS 459.”

Kinzua Resources v. DEQ, 523 P.3d 120 (Or. Ct. App. 2022). “215, a disposal site shall not be established, operated, maintained or sub- stantially 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 dis- posal site obtains a permit…”

— Or. Rev. Stat. § 459.235(2) — 1 case

Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). “The amount of the surcharge shall be based on the costs to the State of Oregon and its political subdivisions of disposing of solid waste generated out-of-state which are not otherwise paid for under the provisions of ORS 459.”

— Or. Rev. Stat. § 459.235(3) — 1 case

Oregon Waste Sys., Inc. v. Dep't of Env't Quality of Ore., 511 U.S. 93 (1994). “, Ore. Rev. Stat. §§ 459.235(3), 459.310 (1991).”

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