Oregon Revised Statutes

Or. Rev. Stat. § 459.284 (2026)

Use of disposal site fees

✓ current as of May 2026

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459.284 Use of disposal site fees. Each local government unit that has a disposal site operating under the provisions of ORS 459.005 to 459.437 and 459.710 and for which the local government unit collects a fee may apportion an amount of the service or user charges collected for solid waste disposal at each publicly owned, franchised or privately owned solid waste disposal site within or for the local government unit and dedicate and use the moneys obtained for rehabilitation and enhancement of the area around the disposal site from which the fees have been collected. That portion of the service and user charges set aside by the local government unit for the purposes of this section shall be not more than $1 for each ton of solid waste. If any local government unit apportions moneys under this section, another local government unit may not also apportion moneys under this section for the same disposal site. [1987 c.876 §2; 1989 c.763 §15; 1993 c.560 §35]

459.285 [1971 c.648 §19; 1973 c.835 §146; 1981 c.81 §1; 1981 c.709 §3; renumbered 459.385 in 1987]

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).

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Gilliam Cnty. v. Dep't of Env't Quality, 849 P.2d 500 (Or. 1993). “236 (permit fees imposed on all disposal sites to pay for removal or remediation of hazardous substances); ORS 459.284 (permit fees that are imposed on governmental unit that has a disposal site to be used for rehabilitation and enhancement of the area around the site); former…”

Gilliam Cnty. v. Dep't of Env't Quality, 837 P.2d 965 (Or. Ct. App. 1992). · cites it 2× “236(5); ORS 459.284; ORS 459.335. That careful structuring of fees demonstrates that the legislature wanted to ensure that the costs of each protective activity would be borne by those who had created the need for it.”

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