Chapter 468
See
also annotations under ORS chapter 449 in permanent edition.
NOTES OF DECISIONS
It
was proper for Department of Environmental Quality to consider statutory
provisions of this chapter while acting on solid waste disposal permit application
under ORS 459.205 to 459.265. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640
P2d 699 (1982), Sup Ct review denied
ATTY. GEN. OPINIONS: Authority of
department to review engineering data and design of wigwam waste burner or of
air pollution control equipment, or to prohibit construction or installation,
(1971) Vol 35, p 917; state antipollution regulations
applicable to mining activities in wilderness areas in national parks, (1972) Vol 35, p 1042; 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 to prevent air or water pollution, (1979) Vol 39, p 770
LAW REVIEW CITATIONS: 4 EL 339 (1974)
468.030
See
also annotations under ORS 449.032 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; regional authority permit as
subject to review by and approval of department, (1972) Vol
35, p 1238
468.035
See
annotations under ORS 449.035 and 449.082 in permanent edition.
468.100
NOTES OF DECISIONS
Conformance
with pollution standards does not preclude suit in private nuisance. Lunda v. Matthews, 46 Or App 701, 613 P2d 63 (1980)
468.110
See
also annotations under ORS 449.090 in permanent edition.
NOTES OF DECISIONS
This
section provides that appeals from Environmental Quality Commission orders are
governed by Administrative Procedures Act generally; it does not require that
appeals from commission orders be treated as appeals from contested cases. Linnton Plywood Assoc. v. DEQ, 68 Or App 412, 681 P2d 1180
(1984), Sup Ct review denied
Amendment
of ORS 183.484 to create 60-day appeal period did not impliedly repeal 30-day
period for appealing decisions made under ORS 468.170. Tidewater Barge Lines,
Inc. v. Environmental Quality Commission, 159 Or App 296, 974 P2d 807 (1999)
468.150
NOTES OF DECISIONS
“Benefits
allowed by ORS 468.155 to 468.190” includes conditions, limitations and
administrative provisions of series, not just benefits. Phelan v. Environmental
Quality Commission, 141 Or App 321, 917 P2d 1029 (1996), Sup Ct review
denied
468.155 to 468.190
ATTY. GEN. OPINIONS: Tax credit for
conversion of motor vehicle to liquefied petroleum gas fuel, (1980) Vol 40, p 293
468.170
See
also annotations under ORS 449.635 in permanent edition.
NOTES OF DECISIONS
There
is no requirement in this section that EQC must provide petitioner a hearing
before rejecting application for tax credit certificate; only requirement is
that, if application is rejected, EQC must provide written notice of rejection
along with concise statement of findings and reasons for rejection. Linnton Plywood Assoc. v. DEQ, 68 Or App 412, 681 P2d 1180
(1984), Sup Ct review denied
Election
under subsection (5) of this section involves two rather than three choices, in
that election is between “tax credit relief” and “ad valorem tax relief”; tax
credit relief may be under “[former] ORS 316.097 or [former ORS] 317.072,” but
if subchapter S status is terminated, tax credit relief is under [former] ORS
317.072 rather than [former] ORS 316.097, though election for tax credit relief
still stands. Vickers v. Dept. of Rev., 11 OTR 44 (1988), aff’d
307 Or 572, 771 P2d 268 (1989)
Creation
of 60-day appeal period provided for in ORS 468.110 did not impliedly repeal
30-day time limit for appealing denial of pollution control facility
certificate. Tidewater Barge Lines, Inc. v. Environmental Quality Commission,
159 Or App 296, 974 P2d 807 (1999)
468.215
ATTY. GEN. OPINIONS: Commission
authority to loan planning funds to metropolitan service district, (1972) Vol 35, p 1117
468.220
See
also annotations under ORS 449.685 in permanent edition.
ATTY. GEN. OPINIONS: Commission
authority to loan planning funds to metropolitan service district, (1972) Vol 35, p 1117; use of funds for research necessary and
prior to planning, (1972) Vol 36, p 86; authority of
the EQC to grant pollution control funds for preliminary research planning and
acquisition of real estate for solid waste disposal facilities, (1972) Vol 36, p 242
468.275
See
annotations under ORS 468A.005.
468.280
See
annotations under ORS 468A.010.
468.290
See
annotations under ORS 468A.020.
468.295
See
annotations under ORS 449.785 in permanent edition.
468.300
See
annotations under ORS 468A.030.
468.325
See
annotations under ORS 468A.055.
468.360 to 468.405
See
annotations under ORS 468A.350 to 468A.400.
468.415
See
annotations under ORS 468A.410.
468.450 to 468.485
LAW REVIEW CITATIONS: 5 EL 339-353
(1975)
468.450
See
annotations under ORS 468A.570.
468.475
See
annotations under ORS 468A.610.
468.480
See
annotations under ORS 468A.615.
468.505
See
annotations under ORS 468A.105.
468.535
See
annotations under ORS 449.875 in permanent edition.
468.540
See
annotations under ORS 468A.140.
468.555
See
annotations under ORS 468A.155.
468.560
See
annotations under ORS 468A.160.
468.565
See
annotations under ORS 468A.165.
468.605
See
annotations under ORS 468A.655.
468.650
See
annotations under ORS 468A.475.
468.700 to 468.778
See
annotations under ORS 468B.005 to 468B.095.
468.700
See
annotations under ORS 468B.005.
468.705
See
annotations under ORS 468B.010.
468.710
See
annotations under ORS 468B.015.
468.715
See
annotations under ORS 468B.020.
468.720
See
annotations under ORS 468B.025.
468.725
See
annotations under ORS 449.081 in permanent edition.
468.735
See
annotations under ORS 449.086 in permanent edition.
468.740
See
annotations under ORS 468B.050.
468.785
See
annotations under ORS 468B.305.
468.926
NOTES OF DECISIONS
Transfer
of waste between containers located at same illegal site constitutes separate
act of storage. State v. Maxwell, 161 Or App 468, 984 P2d 361 (1999)
468.961
LAW REVIEW CITATIONS: 24 EL 1673 (1994)
468.963
LAW REVIEW CITATIONS: 26 EL 1241 (1996)
468.997
LAW REVIEW CITATIONS: 2 EL 181, 197-216
(1971)