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Oregon Revised Statutes

Or. Rev. Stat. § 459.268 (2026)

Closure of land disposal site

✓ current as of May 2026
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      459.268 Closure of land disposal site. When solid waste is no longer received at a land disposal site, the person who holds or last held the permit issued under ORS 459.205 or, if the person who holds or last held the permit fails to comply with this section, the person owning or controlling the property on which the disposal site is located, shall close and maintain the site according to the requirements of this chapter, any applicable rule adopted by the Environmental Quality Commission under ORS 459.045 and any requirement imposed by the Department of Environmental Quality as a condition to renewing or issuing a disposal site permit. [1983 c.766 §2; 1993 c.560 §31]

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2018–2023 · leading case: Kinzua Resources v. DEQ, 468 P.3d 410 (Or. 2020).
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Kinzua Resources v. DEQ, 468 P.3d 410 (Or. 2020). · cites it 18× “205; ORS 459.268. The Environmental Quality Commission found that petitioners had the legal author- ity to control an inactive landfill site, and on that basis held that petitioners were persons “controlling” the site.”
Kinzua Res., LLC v. Or. Dep't of Envtl. Quality, 434 P.3d 461 (Or. Ct. App. 2018). · cites it 24× “205 and ORS 459.268, the commission fined each of those parties on the theory that they were persons "controlling" a landfill site within the meaning of those statutes and were, therefore, required to comply with the applicable landfill permit and OAR 340-095-0090.”
Adelsperger v. Elkside Dev. LLC, 529 P.3d 230 (Or. 2023). · cites it 2× “165(1) and concluded that individual liability for LLC member- managers was permissible: “The commission contends that ORS 63.165(1) permits it to impose liability based on [the] petitioners’ own failure to perform obligations with which they were individu- ally charged in their…”
Kinzua Res., LLC v. Or. Dep't of Envtl. Quality, 437 P.3d 331 (Or. Ct. App. 2019). · cites it 2× “205 and ORS 459.268. Demers does not separately contend that, to the extent his personal conduct otherwise constituted 'controlling' under those statutes, he acted merely as an agent of Kinzua or another business entity and therefore cannot be held personally liable.”
Kinzua Resources v. DEQ, 523 P.3d 120 (Or. Ct. App. 2022). · cites it 19× “As this matter has been presented to Oregon’s appel- late courts multiple times, a recitation of the full procedural and factual background of this Environmental Quality Commission (the commission) proceeding would be redun- dant. Relevant to this particular remand are the…”
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