US Laws, Codes, Statutes & Cases

Chapter 459 — Solid Waste Management

 

2007 EDITION

 

SOLID WASTE MANAGEMENT

 

PUBLIC HEALTH AND SAFETY

 

GENERAL PROVISIONS

 

459.005     Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665

 

459.015     Policy

 

459.017     Relationship of state to local governments in solid waste management

 

STATE ADMINISTRATION

 

459.025     General powers and duties of department

 

459.035     Assistance in development and implementation of solid waste management plans and practices and recycling programs

 

459.045     Rules

 

459.046     Solid waste regulatory program; federal approval

 

459.047     Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance

 

459.049     Mandated landfills in certain counties; establishment by state

 

459.051     Procedural rules

 

459.053     Powers of department regarding landfills

 

459.055     Landfills in farm use areas; waste reduction programs

 

459.057     Department to limit wastes allowed in landfills in certain counties

 

LOCAL ADMINISTRATION

 

459.065     State preemption; intergovernmental agreements authorized

 

459.075     Acquisition of property for disposal sites by cities and counties

 

459.085     County authority outside cities; effect of annexation; interagency agreements

 

459.095     Restrictions on authority of local government units

 

459.105     Regulations on use of disposal sites

 

459.108     Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805

 

459.109     Effect of certain laws on cities and counties

 

REGIONAL ADMINISTRATION

 

459.112     Findings; fee for disposal of solid waste generated outside region

 

459.114     Out-of-region fee differential

 

459.118     Study of transportation routes and modes of transportation for transport of out-of-region solid waste

 

459.121     Legislative committee hearing on transportation study

 

MARION COUNTY AUTHORITY

 

459.125     Authority of Marion County over products or by-products of county disposal sites

 

459.135     Marion County authority over private facility in county

 

459.145     Limits on Marion County authority

 

459.153     Intent not to discourage recycling

 

DISPOSAL SITES

 

459.205     Permit required

 

459.215     Exclusion of certain sites from permit requirement; rules

 

459.225     Variances authorized

 

459.235     Applications for permits; fees

 

459.236     Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments

 

459.245     Issuance of permits; terms; refusal to renew; disposal of liquid waste

 

459.247     Prohibition on disposal of certain solid waste at disposal site

 

459.248     Cleanup of hazardous substance contaminating ground water

 

459.250     Place for collecting source separated recyclable material required for disposal site permit

 

459.255     Suspension or revocation of permits

 

459.265     Hearings; appeal

 

459.268     Closure of land disposal site

 

459.270     Renewal of permit prior to proposed closure of disposal site

 

459.272     Evidence of financial assurance for land disposal site

 

459.273     Disposition of excess moneys and interest received for financial assurance

 

459.280     Definitions for ORS 459.284 and 459.290

 

459.284     Use of disposal site fees

 

459.290     Disposal site rehabilitation and enhancement advisory committee

 

459.305     Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee

 

459.310     Surcharge on solid waste disposal; surcharge use

 

459.311     Charge for remedial action or removal; amount; collection; allocation

 

459.315     Definitions for ORS 459.315 to 459.330

 

459.320     Regional disposal site advisory committee; membership; terms

 

459.325     Duties of regional disposal site advisory committee

 

459.330     Notification of advisory committee by regional disposal site permittee

 

459.335     Use of fees collected by the metropolitan service district

 

459.340     Implementation of the solid waste reduction program by metropolitan service district

 

459.345     Metropolitan service district report to commission

 

459.350     Commission review of metropolitan service district report

 

LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS

 

(Temporary provisions relating to federal deregulation of certain radioactive materials are compiled as notes preceding ORS 459.376)

 

ENFORCEMENT

 

459.376     Action to enforce rules or orders

 

459.385     Entry upon private premises authorized; access to records

 

INFECTIOUS WASTE DISPOSAL

 

459.386     Definitions for ORS 459.386 to 459.405

 

459.387     Policy

 

459.388     Restrictions on discarding, storing or transporting infectious waste

 

459.390     Procedures for segregation and containment of infectious waste; exemption

 

459.395     Treatment of infectious wastes; rules

 

459.398     Rules

 

459.400     Exceptions

 

459.405     Transport of infectious waste; certification; records

 

HOUSEHOLD AND SMALL QUANTITY GENERATOR HAZARDOUS WASTE

 

459.411     Policy

 

459.412     Definition for ORS 459.411 to 459.417

 

459.413     Household hazardous waste depots; location; promotion program

 

459.415     Department approval for collection activity required; written proposal

 

459.417     Statewide household hazardous waste public education program

 

459.418     Contract for statewide collection of household hazardous waste

 

BATTERIES

 

459.420     Permitted lead-acid battery disposal; disposal by retailers

 

459.422     Acceptance of used batteries by retailers and wholesalers

 

459.426     Notice to customers

 

459.431     Definitions for ORS 459.431 to 459.437

 

459.432     Policy

 

459.433     Limitation on sale or promotion of alkaline manganese or zinc carbon batteries

 

459.435     Prohibition on sale or promotion of button cell mercuric oxide batteries

 

459.437     Requirements for sale or promotion of mercuric oxide batteries

 

WASTE TIRE DISPOSAL

 

459.705     Definitions for ORS 459.705 to 459.790

 

459.708     Waste tire generator; requirements

 

459.710     Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception

 

459.712     Transport without carrier permit prohibited; exceptions

 

459.715     Storage prohibited; exceptions

 

459.720     Conditions for storage site permit

 

459.725     Application for storage site operator or carrier

 

459.730     Information in application for storage site permit; carrier permit; fees; bond

 

459.735     Notification of permit application in county of proposed disposal site

 

459.740     Hearing on site permit application

 

459.745     Department action on application; appeal

 

459.750     Storage site and carrier permit fees

 

459.755     Revocation of storage site or carrier permit

 

459.760     Monitoring and inspection of waste tire carriers and storage site; access to site and records

 

459.765     Department use of fees

 

459.772     Use of processed, source-separated waste tires for energy recovery

 

459.775     Waste Tire Recycling Account; uses

 

459.780     Tire removal or processing plan; financial assistance; department abatement

 

459.785     Rules

 

459.790     Exceptions to ORS 459.705 to 459.785

 

MISCELLANEOUS

 

459.900     Thermostats and motor vehicle switches containing mercury; disposal; findings

 

PENALTIES

 

459.992     Criminal penalties; license suspension and revocation

 

459.995     Civil penalties

 

GENERAL PROVISIONS

 

      459.005 Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665:

      (1) “Affected person” means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.

      (2) “Board of county commissioners” or “board” includes a county court.

      (3) “Collection service” means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.

      (4) “Commercial” means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.

      (5) “Commission” means the Environmental Quality Commission.

      (6) “Compost” means the controlled biological decomposition of organic material or the product resulting from such a process.

      (7) “Department” means the Department of Environmental Quality.

      (8)(a) “Disposal site” means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.

      (b) “Disposal site” does not include:

      (A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;

      (B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;

      (C) A site used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or

      (D) A site operated by a dismantler issued a certificate under ORS 822.110.

      (9) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

      (10) “Franchise” includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

      (11) “Hazardous waste” has the meaning given that term in ORS 466.005.

      (12) “Household hazardous waste” means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. “Household hazardous waste” may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.

      (13) “Land disposal site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

      (14) “Landfill” means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

      (15) “Local government unit” means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to 468A.175 or any other local government unit responsible for solid waste management.

      (16) “Material recovery” means any process of obtaining from solid waste, by presegregation or otherwise, materials that still have useful physical or chemical properties and can be reused or recycled for some purpose.

      (17) “Metropolitan service district” means a district organized under ORS chapter 268 and exercising solid waste authority granted to such district under this chapter and ORS chapters 268 and 459A.

      (18) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

      (19) “Recyclable material” means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

      (20) “Recycling” means any process by which solid waste materials are transformed into new products in a manner that the original products may lose their identity.

      (21) “Region” means the states of Idaho, Oregon and Washington and those counties in California and Nevada that share a common border with Oregon.

      (22) “Regional disposal site” means a disposal site that receives, or a proposed disposal site that is designed to receive more than 75,000 tons of solid waste a year from outside the immediate service area in which the disposal site is located. As used in this subsection, “immediate service area” means the county boundary of all counties except a county that is within the boundary of the metropolitan service district. For a county within the metropolitan service district, “immediate service area” means the metropolitan service district boundary.

      (23) “Reuse” means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

      (24) “Solid waste” means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. “Solid waste” does not include:

      (a) Hazardous waste as defined in ORS 466.005.

      (b) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.

      (25) “Solid waste management” means prevention or reduction of solid waste, management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, recycling, reuse and material or energy recovery from solid waste and facilities necessary or convenient to such activities.

      (26) “Source separate” means that the person who last uses recyclable material separates the recyclable material from solid waste.

      (27) “Transfer station” means a fixed or mobile facility other than a collection vehicle where solid waste is deposited temporarily after being removed from the site of generation but before being transported to a final disposal location.

      (28) “Waste prevention” means to reduce the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. “Waste prevention” does not include reuse, recycling or composting.

      (29) “Wasteshed” means an area of the state having a common solid waste disposal system or designated by the commission as an appropriate area of the state within which to develop a common recycling program.

      (30) “Yard debris” includes grass clippings, leaves, hedge trimmings and similar vegetative waste generated from residential property or landscaping activities, but does not include stumps or similar bulky wood materials. [1971 c.648 §2; 1973 c.811 §1; 1973 c.835 §135; 1975 c.239 §1; 1977 c.867 §21; 1983 c.338 §931; 1983 c.729 §14; 1983 c.766 §5; 1987 c.876 §17; 1989 c.763 §12; 1989 c.833 §67; 1991 c.385 §6; 1991 c.765 §1; 1993 c.343 §1; 1993 c.560 §2; 1997 c.286 §3; 1997 c.552 §1; 2003 c.14 §290; 2005 c.654 §24]

 

      459.010 [1967 c.428 §2; 1969 c.593 §42; repealed by 1971 c.648 §33]

 

      459.015 Policy. (1) The Legislative Assembly finds and declares that:

      (a) The planning, development and operation of recycling programs is a matter of statewide concern.

      (b) The opportunity to recycle should be provided to every person in Oregon.

      (c) There is a shortage of appropriate sites for landfills in Oregon.

      (d) It is in the best interests of the people of Oregon to extend the useful life of solid waste disposal sites by encouraging waste prevention and the recycling and reuse of materials, and by requiring solid waste to undergo volume reduction through recycling and reuse measures to the maximum extent feasible before disposal. Implementation of waste prevention and recycling and reuse measures will not only increase the useful life of solid waste disposal sites, but also decrease the potential public health and safety impacts associated with the operation of disposal sites.

      (e) There are limits to Oregon’s natural resources and the capacity of the state’s environment to absorb the impacts of increasing consumption of resources, increasing waste generation and increasing solid waste disposal.

      (f) It is in the best interests of the people of Oregon to conserve resources and energy by developing an economy that encourages waste prevention and recycling.

      (g) The State of Oregon should make it a priority to support efforts that assist each wasteshed in meeting its recovery goal so the statewide recovery goal may be achieved.

      (2) In the interest of the public health, safety and welfare and in order to conserve energy and natural resources, it is the policy of the State of Oregon to establish a comprehensive statewide program for solid waste management which will:

      (a) After consideration of technical and economic feasibility, establish priority in methods of managing solid waste in Oregon as follows:

      (A) First, to reduce the amount of solid waste generated;

      (B) Second, to reuse material for the purpose for which it was originally intended;

      (C) Third, to recycle material that cannot be reused;

      (D) Fourth, to compost material that cannot be reused or recycled;

      (E) Fifth, to recover energy from solid waste that cannot be reused, recycled or composted so long as the energy recovery facility preserves the quality of air, water and land resources; and

      (F) Sixth, to dispose of solid waste that cannot be reused, recycled, composted or from which energy cannot be recovered by landfilling or other method approved by the Department of Environmental Quality.

      (b) Clearly express the Legislative Assembly’s previous delegation of authority to cities and counties for collection service franchising and regulation and the extension of that authority under the provisions of this section and ORS 459.125 and 459A.005 to 459A.085.

      (c) Retain primary responsibility for management of adequate solid waste management programs with cities, counties or metropolitan service districts, reserving to the state those functions necessary to ensure effective programs, cooperation among cities, counties or metropolitan service districts and coordination of solid waste management programs throughout the state.

      (d) Promote, encourage and develop markets first for reusable material and then for recyclable material.

      (e) Promote research, surveys and demonstration projects to encourage material or energy recovery.

      (f) Promote research, surveys and demonstration projects to aid in developing more sanitary, efficient and economical methods of solid waste management.

      (g) Provide advisory technical assistance and planning assistance to affected persons, in the planning, development and implementation of solid waste management programs.

      (h) Develop, in coordination with federal, state and local agencies and other affected persons, long-range plans including regional approaches to promote reuse, to provide land reclamation in sparsely populated areas, and in urban areas necessary disposal facilities.

      (i) Provide for the adoption and enforcement of recycling rates and standards as well as performance standards necessary for safe, economic and proper solid waste management.

      (j) Provide authority for counties to establish a coordinated program for solid waste management, to regulate solid waste management and to license or franchise the providing of service in the field of solid waste management.

      (k) Encourage utilization of the capabilities and expertise of private industry.

      (L) Promote means of preventing or reducing at the source, materials which otherwise would constitute solid waste.

      (m) Promote application of material or energy recovery systems which preserve and enhance the quality of air, water and land resources. [1971 c.648 §1; 1975 c.239 §2; 1983 c.729 §15; 1989 c.541 §1; 1991 c.385 §7; 1993 c.560 §3; 1997 c.552 §2; 2001 c.513 §1]

 

      459.017 Relationship of state to local governments in solid waste management. (1) The Legislative Assembly finds and declares that:

      (a) The planning, location, acquisition, development and operation of landfills is a matter of statewide concern.

      (b) Local government units have the primary responsibility for planning for solid waste management.

      (c) Where the solid waste management plan of a local government unit has identified a need for a landfill, the state has a responsibility to assist local government and private persons in establishing such a site.

      (2) It is the intent of the Legislative Assembly that any action taken by the Environmental Quality Commission to establish a landfill under ORS 459.049 be recognized as an extraordinary measure that should be exercised only in the closest cooperation with local government units that have jurisdiction over the area affected by the proposed establishment of a landfill. [1979 c.773 §2; 1993 c.560 §4]

 

      459.020 [1967 c.248 §1; repealed by 1971 c.648 §33]

 

STATE ADMINISTRATION

 

      459.025 General powers and duties of department. Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality:

      (1) Shall promote and coordinate research, studies and demonstration projects on improved methods and techniques in all phases of solid waste management.

      (2) May apply to and receive funds from the federal government and from public and private agencies to carry out studies, research and demonstration projects in the field of solid waste management.

      (3) May enter into agreements with the federal government, state agencies, local government units and private persons to carry out ORS 459.005 to 459.105, 459.112 to 459.121 and 459.205 to 459.385. [1971 c.648 §4; 1973 c.835 §136; 1993 c.560 §5]

 

      459.030 [1967 c.428 §3; 1969 c.593 §43; repealed by 1971 c.648 §33]

 

      459.035 Assistance in development and implementation of solid waste management plans and practices and recycling programs. Consistent with ORS 459.015 (2)(c), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical and planning assistance in development and implementation of effective solid waste management plans and practices, implementation of recycling programs under ORS 459.250, 459A.005 to 459A.120 and 459A.600 to 459A.620, and assistance in training of personnel in solid waste management. The department shall report to the Legislative Assembly from time to time on further assistance that will be needed to develop, implement and administer effective solid waste management programs or recycling programs. The department shall assist in surveys to locate potential disposal sites. The department may request the assistance of other state agencies. [1971 c.648 §3; 1983 c.729 §16; 1993 c.560 §6]

 

      459.040 [1967 c.428 §4; 1969 c.593 §44; repealed by 1971 c.648 §33]

 

      459.045 Rules. (1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the:

      (a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public.

      (b) Location of disposal sites, giving consideration to:

      (A) The adaptability of each disposal site to the population served, topography and geology of the area and other characteristics as they affect protection of ground and surface waters and air pollution;

      (B) Minimum standards of design, management and operation of disposal sites; and

      (C) Salvage operations at disposal sites.

      (c) Construction, loading and operation of vehicles used in performing collection service to prevent the contents of the vehicles from dropping, sifting, leaking or escaping onto public highways.

      (d) Definition of other “wastes” subject to regulation under ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and (2).

      (e) Closure and post-closure maintenance of land disposal sites.

      (2) The commission may by rule:

      (a) Exempt a class of land disposal sites other than those receiving domestic solid waste from the requirement to provide financial assurance under ORS 459.272; or

      (b) Establish criteria that a land disposal site must meet to be exempted from the requirement to provide financial assurance under ORS 459.272.

      (3) The commission shall adopt rules on other subjects as necessary to carry out:

      (a) ORS 459.005 to 459.105 and 459.205 to 459.385.

      (b) ORS 646.608 (1)(y). Rules adopted under this paragraph shall, to the greatest extent practicable, be consistent with the labeling requirements of other states.

      (4) The commission shall adopt rules which have modified or limited application in different geographic areas of the state when special conditions prevail in specified geographic areas. Special conditions that shall be considered include, but are not limited to, climatic conditions, zone classification of the area, population characteristics, methods and costs of solid waste management, solid waste management plans and other conditions in the area. Modifications or limitations shall not be unreasonable, arbitrary or inimical to the policy and purposes of ORS 459.005 to 459.105 and 459.205 to 459.385.

      (5) All rules adopted under this section shall be adopted after public hearing and in accordance with ORS chapter 183.

      (6) Unless a rule adopted under this section is adopted pursuant to the authority granted by ORS 183.335 (5), the commission shall mail copies of the proposed rules to all persons who have requested such copies. The copies shall be mailed at least 30 days prior to the hearing required by subsection (5) of this section. [1971 c.648 §5; 1973 c.835 §137; 1981 c.709 §2; 1983 c.766 §6; 1993 c.560 §§7,7a; 2001 c.924 §23]

 

      459.046 Solid waste regulatory program; federal approval. The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain partial and final approval of a solid waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580 and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal regulations and interpretive and guidance documents issued pursuant to the Resource Conservation and Recovery Act. [Formerly 459.209]

 

      459.047 Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance. Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall:

      (1) Assist the local government unit in the establishment of the landfill including assisting in planning, location, acquisition, development and operation of the site.

      (2) Locate a site and issue a solid waste disposal permit under ORS 459.205 to 459.385 for a landfill within the boundaries of the requesting local government unit. Subject to the conditions set forth in the permit, any permit for a landfill authorized by the Environmental Quality Commission under this subsection shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the proposed facility. Affected state agencies, counties, cities and political subdivisions shall issue the appropriate permits, licenses and certificates necessary to construction and operation of the landfill, subject only to condition of the site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over such permit, license or certificate. [1979 c.773 §3; 1993 c.560 §8]

 

      Note: Operation of the amendments to 459.047 by section 10, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user’s convenience.

      459.047. Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall:

      (1) Assist the local government unit in the establishment of the landfill including assisting in planning, location, acquisition, development and operation of the site.

      (2) Locate a site and issue a solid waste disposal permit under ORS 459.205 to 459.385 for a landfill within the boundaries of the requesting local government unit. Subject to the conditions set forth in the permit and except for permit decisions delegated by the federal government to the Department of State Lands, any permit for a landfill authorized by the Environmental Quality Commission under this subsection shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the proposed facility. Except for those statutes and rules for which compliance decisions have been delegated by the federal government to the Department of State Lands, all affected state agencies, counties, cities and political subdivisions shall issue the appropriate permits, licenses and certificates necessary to construction and operation of the landfill, subject only to condition of the site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over such permit, license or certificate.

 

      459.049 Mandated landfills in certain counties; establishment by state. (1) Upon its own motion or upon the recommendation of the Department of Environmental Quality, the Environmental Quality Commission may determine that a landfill within the counties of Marion, Polk, Clackamas, Washington or Multnomah must be established in order to protect the health, safety and welfare of the residents of an area for which a local government solid waste management plan has identified the need for a landfill. In making its determination on the need for a landfill or, where applicable, on the location of a landfill, the commission shall give due consideration to:

      (a) The legislative policy and findings expressed in ORS 459.015, 459.017 and 459.065, and particularly the policy that action taken under this section be exercised in cooperation with local government;

      (b) The provisions of the solid waste management plan or plans for the affected area;

      (c) Applicable local government ordinances, rules, regulations and plans other than for solid waste management;

      (d) The statewide land use planning goals as defined in ORS 197.015;

      (e) The need for a landfill;

      (f) The availability and capacity of alternative disposal sites or material or energy recovery facilities;

      (g) The time required to establish a landfill;

      (h) Information received from public comment and hearings; and

      (i) Any other factors the commission considers relevant.

      (2) If the commission makes a determination under subsection (1) of this section that there is a need for a landfill within a plan area, the commission may issue an order directing the local government unit responsible for implementing the plan to establish a landfill within a specified period of time. The order may specify a time schedule for the completion of the major elements required to establish the site. A local government unit directed to establish a landfill under this section may request assistance from the department or request that the department establish the disposal site as provided in ORS 459.047.

      (3) If the commission determines that the establishment of a landfill ordered by the commission under subsection (2) of this section is not being accomplished or that the completion of major elements has fallen behind the time schedule specified in the order, the commission may direct the department to establish the landfill or complete the establishment of the landfill undertaken by the local government unit. The commission may direct the department to establish or complete the establishment of a landfill under this section only if the commission finds that:

      (a) The action is consistent with the statewide planning goals relatin