Chapter 649 Oregon Laws 2003

AN ACT

HB 3645

Relating to solid waste disposal sites; creating new provisions; amending ORS 459.245 and section 3, chapter 260, Oregon Laws 2001; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 3, chapter 260, Oregon Laws 2001, is amended to read:

Sec. 3. The amendments to ORS 215.213 by section 2, chapter 260, Oregon Laws 2001, [of this 2001 Act] become operative on January 1, [2004] 2006.

SECTION 2. ORS 459.245 is amended to read:

459.245. (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 183.310 to 183.550, 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.

SECTION 3. Nothing in the amendments to ORS 459.245 by section 2 of this 2003 Act requires further authorization to add liquid waste or water at a disposal site if such action is authorized by the disposal site permit on the effective date of this 2003 Act.

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor August 12, 2003

Filed in the office of Secretary of State August 13, 2003

Effective date August 12, 2003

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