Chapter 459

ATTY. GEN. OPINIONS: Power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

LAW REVIEW CITATIONS: 16 WLR 459 (1979)

      459.015

ATTY. GEN. OPINIONS: Power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; use of funds for research necessary and prior to planning, (1972) Vol 36, p 86; effect of city charter contract limitations, (1974) Vol 37, p 172

      459.049

LAW REVIEW CITATIONS: 16 WLR 469 (1979)

      459.065 to 459.105

NOTES OF DECISIONS

Under former similar statutes (ORS 459.210 et seq.)

      State did not intend to preempt authority over local waste collectors. Schmidt v. Masters, 7 Or App 421, 490 P2d 1029 (1971), Sup Ct review denied

      459.095

NOTES OF DECISIONS

      Neither Metropolitan Service District’s solid waste management plan nor its subsequent resolutions were in conflict with weight limitations in city’s conditional use permit for waste transfer facility, and city regulation was therefore not preempted under this section. Cusma v. City of Oregon City, 92 Or App 1, 757 P2d 433 (1988)

      459.165 to 459.200

See annotations under ORS 459A.005 to 459A.085.

      459.205 to 459.265

NOTES OF DECISIONS

      It was proper for Department of Environmental Quality to consider water pollution statutes in ORS chapter 468 while acting on solid waste disposal permit application. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

      Legislature intended category of persons “controlling” landfill site, as used in ORS 459.205, to include persons having authority to control landfill site, regardless of whether that authority has been exercised. Kinzua Resources v. DEQ, 366 Or 674, 468 P3d 410 (2020)

      459.268

NOTES OF DECISIONS

      Legislature intended category of persons “controlling” landfill site, as used in this provision, to include persons having authority to control landfill site, regardless of whether that authority has been exercised. Kinzua Resources v. DEQ, 366 Or 674, 468 P3d 410 (2020)

      459.410

See annotations under ORS 466.005.

      459.430

See annotations under ORS 466.015.

      459.510

See annotations under ORS 466.100.

      459.810 to 459.890

See annotations under ORS 459A.700 to 459A.740.

      459.850

See annotations under ORS 459A.720.

      459.860

See annotations under ORS 459A.725.