459.245
Issuance of permits; terms; refusal to renew; disposal of liquid waste. (1) If the disposal site meets the
requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and rules of the
Environmental Quality Commission adopted pursuant thereto, the Department of
Environmental Quality shall issue the permit. Every completed application shall
be approved or disapproved within 60 days after its receipt by the department.
Except as provided in ORS 459.055 or for a permit issued under the process set
forth in ORS 517.952 to 517.989, if the department fails to act within the time
allowed, the application shall be considered approved unless an extension of
time is granted by the commission on a showing of good cause by the department.
(2) Disposal site
permits shall be issued for a period not to exceed 10 years, to be determined
by the department and specified in the permit.
(3) Subject to
the provisions of ORS chapter 183, the department may refuse to renew a permit
unless the disposal site meets the requirements of subsection (1) of this
section.
(4) The
department may, consistent with applicable federal law, authorize in a disposal
site permit the addition at a disposal site of liquid waste or water in a
controlled fashion to enhance the decomposition of solid waste if the disposal
site otherwise meets the requirements of ORS 459.005 to 459.105 and 459.205 to
459.385 and rules of the commission adopted pursuant thereto. For purposes of
this subsection, “liquid waste” means any waste that, by using a paint filter
liquids test method adopted by the commission, is determined to contain free
liquids. [1971 c.648 §10; 1973 c.835 §142; 1979 c.773 §8; 1991 c.735 §26; 1993
c.560 §26; 2003 c.649 §2]
Notes of Decisions
Waste Not of Yamhill Cnty. v. Yamhill Cnty., 471 P.3d 769 (Or. Ct. App. 2020).
· cites it 3× “283 (2)(k) (a “site for the disposal of solid waste approved by the governing body of a * * * county * * * and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its…”
Stop Dump Coalition v. Yamhill Cnty., 391 P.3d 932 (Or. Ct. App. 2017).
“283(2)(k), a “site for the disposal of solid waste *** for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation.”
Waste Not of Yamhill Cnty. v. Yamhill Cnty., 246 P.3d 493 (Or. Ct. App. 2010).
“283(2)(k) allow as a conditional use in an exclusive farm use zone: “A site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together…”
Lane Cnty. v. Land Conservation & Dev. Comm'n, 914 P.2d 1114 (Or. Ct. App. 1996).
“049, together with the equipment, facilities or buildings necessary for its operation”; “[a] site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the Department of…”
Waste Not of Yamhill Cty. v. Yamhill Cnty., 246 P.3d 493 (Or. Ct. App. 2010).
“283(2)(k) allow as a conditional use in an exclusive farm use zone: "A site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together…”
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