reglab/housing_qa huggingface dataset:
OR Rev Stat § 459.205 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.205 - Permit required.

(1) Except as provided by ORS 459.215, a disposal site shall not be established, operated, maintained or substantially 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 disposal site obtains a permit therefor from the Department of Environmental Quality as provided in ORS 459.235. (2) The person who holds or last held the permit issued under subsection (1) of this section, or, if that person fails to comply, then the person owning or controlling a land disposal site that is closed and no longer receiving solid waste must continue or renew the permit required under subsection (1) of this section after the site is closed for the duration of the period in which the department continues to actively supervise the site, even though solid waste is no longer received at the site. [1971 c.648 §6; 1983 c.766 §7; 1993 c.560 §21a]
OR Rev Stat § 459.209 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.209

[1993 c.526 §4; renumbered 459.046 in 1995]
OR Rev Stat § 459.215 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.215 - Exclusion of certain sites from permit requirement; rules.

(1) By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205. Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health hazard, air or water pollution, or other serious problem. Facilities operated under a permit issued under ORS 468B.050 or 468B.053 are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205. However, exclusion from the permit requirements of ORS 459.205 does not relieve any person from compliance with other requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and the rules and regulations adopted pursuant thereto. (2) By rule and after public hearing the commission may establish classes of disposal sites that qualify for exclusion under this section. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22; 1997 c.286 §4]
OR Rev Stat § 459.225 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.225 - Variances authorized.

(1) If the Environmental Quality Commission finds that a disposal site cannot meet one or more of the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto, it may issue a variance from such requirement either for a limited or unlimited time or it may issue a permit containing a schedule of compliance specifying the time or times permitted to bring the disposal site into compliance with such requirements, or it may do both. (2) In carrying out the provisions of subsection (1) of this section, the commission may grant specific variances from particular requirements or may grant a permit to an applicant or to a class of applicants or to a specific disposal site, and specify conditions it considers necessary to protect the public health. (3) The commission shall grant a variance only if: (a) Conditions exist that are beyond the control of the applicant. (b) Special conditions exist that render strict compliance unreasonable, burdensome or impractical. (c) Strict compliance would result in substantial curtailment or closing of a disposal site and no alternative facility or alternative method of solid waste management is available. (4) A variance may be revoked or modified by the commission after a public hearing held upon not less than 10 days’ notice. Such notice shall be served upon all persons who the commission knows will be subjected to greater restrictions if such variance is revoked or modified, or who are likely to be affected or who have filed with the commission a written request for such notification. (5) In addition to the authority to issue a variance under subsections (1) to (4) of this section, the commission may modify an existing disposal site permit to specify the conditions under which the disposal site may accept and dispose of infectious waste. The commission also may require that an energy recovery facility or solid waste incinerator accept infectious waste generated in Oregon if the infectious waste has been contained and transported in accordance with ORS 459.390 and 825.256, but only so long as the volume of infectious waste generated outside the county in which the facility or incinerator is located does not affect the ability of the facility or incinerator to process or dispose of all waste generated within the county in which the facility or incinerator is located. As used in this subsection, "infectious waste" has the meaning given that term in ORS 459.386. (6) The establishment, operation, maintenance, expansion, alteration, improvement or other change of a disposal site in accordance with a variance is not a violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto. [1971 c.648 §8; 1973 c.835 §141; 1989 c.763 §13; 1993 c.560 §23]
OR Rev Stat § 459.235 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 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]
OR Rev Stat § 459.243 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.243 - Restrictions on issuance of permits under ORS 459.245.

(1) As used in this section: (a) "Property line" has the meaning given that term in ORS 92.010. (b) "School" means: (A) A public or private institution of learning providing instruction in kindergarten through grade 12, or any combination of those grade levels; and (B) The surrounding buildings, other structures, playgrounds, athletic fields, parking lots and any other areas of the institution that are accessed by students of the institution on a regular basis. (2) The Department of Environmental Quality may not issue a disposal site permit under ORS 459.245 to establish a commercial disposal site for composting if: (a) The property line of the proposed disposal site for composting is located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses; and (b) The proposed disposal site for composting requires approval from a metropolitan service district under ORS 268.318. [2013 c.524 §5]
OR Rev Stat § 459.245 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 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]
OR Rev Stat § 459.247 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.247 - Prohibition on disposal of certain solid waste at disposal site.

(1) No person shall dispose of and no disposal site operator shall knowingly accept for disposal the following types of solid waste at a solid waste disposal site: (a) Discarded or abandoned vehicles; (b) Discarded large home or industrial appliances; (c) Used oil; (d) Tires; (e) Lead-acid batteries; or (f) Covered electronic devices. (2) As used in this section: (a) "Covered electronic device" has the meaning given that term in ORS 459A.305, except that "covered electronic device" does not include a computer peripheral or a printer as those items are defined in ORS 459A.305; and (b) "Used oil" has the meaning given that term in ORS 459A.555. (3) Nothing in this section shall prohibit a disposal site operator from accepting and storing, for purposes of recycling or recovering, any of the types of solid waste listed in subsection (1) of this section. (4) The Environmental Quality Commission may postpone the prohibition under subsection (1)(f) of this section in any area of this state where the commission determines there is an inadequate system for the collection, transportation and recycling of covered electronic devices. (5)(a) Each disposal site operator shall establish and implement, in accordance with any permit requirements established by the Department of Environmental Quality, a program reasonably designed to prevent acceptance of covered electronic devices for disposal. If an operator operates the disposal site in conformity with the program, the operator is presumed to have complied with the provisions of this section that prohibit knowingly accepting covered electronic devices for disposal. (b) This section does not prevent the disposal site operator from accepting and storing, for purposes of recycling, reusing or refurbishing, covered electronic devices. [1991 c.385 §39; 2007 c.302 §15; 2011 c.548 §10]
OR Rev Stat § 459.248 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.248 - Cleanup of hazardous substance contaminating ground water.

In addition to any other authority granted by law, if the Department of Environmental Quality finds that ground water is contaminated with a hazardous substance originating at a land disposal site, the department may require cleanup of the hazardous substance pursuant to authority under ORS 465.200 to 465.545. As used in this section, "hazardous substance" has the meaning given that term in ORS 465.200. [1993 c.526 §3]
OR Rev Stat § 459.250 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.250 - Place for collecting source separated recyclable material required for disposal site permit.

(1) The Department of Environmental Quality shall require as a condition to issuing or renewing a disposal site permit under ORS 459.245 that a place for collecting source separated recyclable material located either at the disposal site or at another location more convenient to the population served by the disposal site is provided for every person whose solid waste enters the disposal site. (2) The department may modify the requirements of this section if the department finds that the opportunity to recycle is being provided through an acceptable alternative method. [1983 c.729 §4; 1993 c.560 §28]
OR Rev Stat § 459.255 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.255 - Suspension or revocation of permits.

(1) A permit may be suspended or revoked at any time if the Department of Environmental Quality determines that the disposal site or the solid waste management facilities located on the disposal site are being operated in violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or rules of the Environmental Quality Commission adopted pursuant thereto. (2) The procedures for denial, suspension, modification of a condition or variance, revocation or refusal to renew a permit shall be those specified for a contested case in ORS chapter 183. [1971 c.648 §11; 1973 c.835 §143; 1993 c.560 §29]
OR Rev Stat § 459.265 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.265 - Hearings; appeal.

(1) The Environmental Quality Commission may on its own motion or upon the request of the Department of Environmental Quality, and shall upon application of any person entitled to appeal, fix a time and place for a public hearing on any action of the department or commission ordering, or approving action resulting in, the closure or curtailment of use of a disposal site. (2) In making its determination upon appeal from the action of a local government unit or the department, which action would result in the closure or curtailment of the use of a disposal site, the commission shall consider and make findings with respect to: (a) The nature and magnitude of the problems created by the site or its operation. (b) The applicable solid waste management plan. (c) The existence or threat of air or water pollution. (d) The need for the particular disposal site and alternative methods of disposal or alternate disposal sites. (e) The costs, funds available to meet the costs and the minimum time required for a change in disposal method or disposal site. (3) In making its determination under subsection (2) of this section with respect to a disposal site owned or operated by a local government unit, and prior to ordering closure or curtailment of use of the site, the commission shall make a finding as to whether there is an alternative method of disposal or an alternate disposal site. [1971 c.648 §12; 1973 c.835 §144; 1993 c.560 §30]
OR Rev Stat § 459.268 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 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]
OR Rev Stat § 459.270 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.270 - Renewal of permit prior to proposed closure of disposal site.

(1) At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew the permit. (a) A permit renewed under this subsection shall be issued for the period including the remaining time of operation of the disposal site, closure of the site and all or part of the post-closure period established by the Department of Environmental Quality during which active supervision of the land disposal site is necessary. (b) Application for the renewal of a permit under this subsection shall not prevent the disposal site permittee from applying for an extension of the useful life of the land disposal site for receiving solid waste. (2) Unless the department finds a need to protect against a significant hazard or risk to the public health, safety or environment, the department shall terminate any permit for and active supervision of a land disposal site 30 years after the site is closed. (3) Any time after a land disposal site is closed according to the requirements of this section, the permit holder may apply for a termination of the permit, a release from one or more of the permit requirements or termination of any applicable permit fee. Before the department grants a termination or release under this section, the department must find that there is no longer a need for: (a) Active supervision of the site; (b) Maintenance of the site; or (c) Maintenance or operation of any system or facility on the site. [1983 c.766 §3; 1993 c.526 §7]
OR Rev Stat § 459.272 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.272 - Evidence of financial assurance for land disposal site.

(1) Unless exempted under rules adopted by the Environmental Quality Commission under ORS 459.045, an owner or operator of a land disposal site shall maintain cost estimates of the amount of financial assurance that is necessary and demonstrate evidence of financial assurance for: (a) The costs of closure of the land disposal site and for post-closure maintenance of the land disposal site; and (b) Any corrective action required to be taken at the land disposal site. (2) The financial assurance requirements established by subsection (1) of this section may be satisfied by insurance, the establishment of a trust fund, surety bond, letter of credit or qualification as a self-insurer or any combination of these methods or any other method approved by the Director of the Department of Environmental Quality. In adopting rules under ORS 459.045 to implement subsection (1) of this section, the Environmental Quality Commission may specify policy or other contractual terms, conditions or defenses necessary to establish evidence of financial assurance. (3) The owner or operator of a land disposal site shall annually review and update the financial assurance for closure, post-closure and corrective action required under this section and cost estimates of the amount of financial assurance necessary. (4) The owner or operator of a land disposal site shall provide the evidence of financial assurance required under this section for closure and post-closure at the time a disposal site permit is issued under ORS 459.245. If the land disposal site is operating under an existing permit on November 4, 1993, the owner or operator shall provide the evidence of financial assurance on or before April 9, 1994, or a later date established by rule by the Environmental Quality Commission. (5) When financial assurance is required for corrective action at a land disposal site under subsection (1) of this section, the owner or operator shall provide evidence of financial assurance before beginning corrective action. [1993 c.526 §2]
OR Rev Stat § 459.273 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.273 - Disposition of excess moneys and interest received for financial assurance.

An applicant required to provide financial assurance under ORS 459.272 shall establish provisions satisfactory to the Department of Environmental Quality for disposing of any excess moneys received or interest earned on moneys received for financial assurance. To the extent practicable, the applicant’s provisions for disposing of the excess moneys received or interest earned on moneys shall provide for: (1) A reduction of the rates a person within the area served by the land disposal site is charged for collection service; or (2) Enhancing present or future disposal sites within the area from which the excess moneys were received. [1983 c.766 §4; 1993 c.526 §8; 1993 c.560 §33]
OR Rev Stat § 459.276 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.276

[1973 c.826 §4 (enacted in lieu of 459.275); renumbered 459.376 in 1987]
OR Rev Stat § 459.280 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.280 - Definitions for ORS 459.284 and 459.290.

As used in ORS 459.284 and 459.290, "disposal site" has the meaning given that term in ORS 459.005, but does not include: (1) A material recovery, recycling or reuse facility; or (2) A regional disposal site as defined in ORS 459.005. [1987 c.876 §4; 1993 c.560 §34]
OR Rev Stat § 459.284 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 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]
OR Rev Stat § 459.285 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459 - Solid Waste Management|Section 459.285

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