Chapter 468A

 

      468A.005

(formerly 449.760, then 468.275)

 

      See also annotations under ORS 449.760 in permanent edition.

 

ATTY. GEN. OPINIONS: Construing air contamination source as including proposed installation, (1971) Vol 35, p 917; classifying parking facilities as a source of air contamination, (1972) Vol 35, p 1169

 

      468A.010

(formerly 449.765, then 468.280)

 

      See also annotations under ORS 449.765 in permanent edition.

 

ATTY. GEN. OPINIONS: Prohibiting construction or installation, (1971) Vol 35, p 917; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100

 

LAW REVIEW CITATIONS: 51 OLR 227 (1971)

 

      468A.020

(formerly 449.775, then 468.290)

 

      See also annotations under ORS 449.775 in permanent edition.

 

ATTY. GEN. OPINIONS: Power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100

 

LAW REVIEW CITATIONS: 5 EL 339-353 (1975)

 

      468A.030

(formerly 449.825, then 468.300)

 

NOTES OF DECISIONS

 

      Intent and purpose of this section is simply to excuse violator from prosecution on account of violation which resulted from independent, intervening cause such as act of God, war, strife, riot or other similar cause; it does entitle defendant to instruction that willful misconduct must be shown to be proximate cause of violation charged in indictment. State v. Fry Roofing Co., 9 Or App 189, 495 P2d 751 (1972)

 

      468A.055

(formerly 449.712, then 468.325)

 

ATTY. GEN. OPINIONS: Issuing orders to owner of source not manufacturer of device, (1971) Vol 35, p 917; classifying parking facilities as a source of air contamination, (1972) Vol 35, p 1169

 

      468A.105

(formerly 468.505)

 

      See also annotations under ORS 449.855 in permanent edition.

 

NOTES OF DECISIONS

 

      Although forming and joining air pollution authority is voluntary, voluntary withdrawal by participating county did not preclude it from being held partially liable for debts incurred while it was an active member. Crofoot v. Columbia-Willamette Air Pollution Authority, 31 Or App 903, 571 P2d 1266 (1977)

 

      468A.140

(formerly 468.540)

 

LAW REVIEW CITATIONS: 5 EL 349 (1975)

 

      468A.155

(formerly 449.883, then 468.555)

 

ATTY. GEN. OPINIONS: Citing for failure to comply when construction or installation had prior approval of department, (1971) Vol 35, p 917; regional authority permit as subject to review by and approval of department, (1972) Vol 35, p 1238

 

      468A.160

(formerly 468.560)

 

NOTES OF DECISIONS

 

      Where regional air pollution authority had ceased functioning upon being taken over by Environmental Quality Commission, no formal dissolution of authority had occurred, and authority’s assets had been disposed of by authority’s city and county members, such members were liable to former employe of regional authority for wage claim which arose prior to disposal of assets. Crofoot v. Columbia-Willamette Air Pollution Authority, 31 Or App 903, 571 P2d 1266 (1977)

 

      468A.165

(formerly 449.905, then 468.565)

 

ATTY. GEN. OPINIONS: Retirement contributions by Department of Environmental Quality to Multnomah County Retirement System for Columbia-Willamette Air Pollution Authority, (1973) Vol 36, p 746

 

      468A.350 to 468A.400

(formerly 468.360 to 468.405)

 

ATTY. GEN. OPINIONS: Motor Vehicle Emission Control Inspection Program funding, (1974) Vol 37, p 130

 

      468A.410

(formerly 449.751, then 468.415)

 

LAW REVIEW CITATIONS: 10 WLJ 24 (1973)

 

      468A.475

(formerly 468.650)

 

NOTE: Repealed as of January 1, 2010

 

 

ATTY. GEN. OPINIONS: Interpretation of phrase “use of aerosol spray essential to intended use,” (1977) Vol 38, p 975

 

      468A.570

 

      See also annotations under ORS 449.840 in permanent edition.

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 468.450)

 

      Regulation by Environmental Quality Commission of agricultural open burning, (1981) Vol 41, p 405

 

      468A.610

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 468.475)

 

      Authority of Environmental Quality Commission to reduce maximum total registered acres available for field burning, (1978) Vol 38, p 1736; relation between federally approved State Implementation Plan and field burning limits, (1978) Vol 38, p 1901

 

      468A.615

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 468.480)

 

      Use of moneys for legal services, (1976) Vol 38, p 220

 

      468A.655

(formerly 468.605)

 

ATTY. GEN. OPINIONS: Exclusion from this section of sales of aerosols occurring outside Oregon, (1977) Vol 38, p 797

 

      468A.715

 

NOTES OF DECISIONS

 

      Construing operator of facility to include person in control of demolition or renovation operations at facility is consistent with legislative intent. Vickers/Nelson & Associates v. Environmental Quality Commission, 209 Or App 179, 148 P3d 917 (2006)