Current through Register Vol. 63, No. 3, March 1, 2024
(1) A city or county responsible for
implementing a Department approved Solid Waste Management Plan which identifies
the need for a landfill may request assistance from the Department in
establishing a landfill under ORS 459.047.
(2) Applications for requests for assistance
in siting landfills under ORS 459.047 shall be in the form of a letter signed
by the governing body of the city or county with attachments as necessary to
fully describe the need and justification for the request, need for the site as
outlined in the Department approved Solid Waste Management Plan and types of
assistance required.
(3) When the
request for assistance includes Department siting of the landfill under ORS
459.047, exhibits and information shall be submitted which document the
following:
(a) The local government has an
adopted, Department approved Solid Waste Management Plan which identifies the
need for a landfill;
(b) The local
government has reevaluated the plan in consultation with the Department and has
confirmed that siting a landfill in the immediate future is still
needed;
(c) An explanation of why
the local government is unable to proceed successfully to site the landfill,
including a discussion of progress to date and the obstacles to be
overcome;
(d) All pertinent
reports, plans, documents and records relative to the siting process to date
will be made available to the Department at the Department's request;
(e) The local government has carried out a
process for landfill siting (with technical assistance from the Department if
requested) including a minimum of the following:
(A) Alternative sites have been reviewed and
ranked as to adequacy and probable acceptability based upon locally developed
criteria and applicable laws and regulations;
(B) Information has been gathered on at least
the top ranked site sufficient to satisfy the requirements of the "site
characterization report(s)" provided for in OAR
340-093-0130.
Certain requirements of the "site characterization report(s)" may be waived,
for the purpose of this section, by the Department upon a demonstration of
prohibitive cost or legal constraint;
(C) A public participation process, including
the use of a citizens advisory committee or other approach which provides for
public access, review and input has been carried out in the siting
process.
(4)
The Department shall give reasonable public notice of each such request,
including the prompt publication of a summary of such request in the Secretary
of State's Bulletin.
(5) Requests
for siting under ORS 459.047will be reviewed by the Commission and written
findings as to the acceptability of the process under subsection (3)(e) of this
rule will be prepared. Should the process be found incomplete, the Commission
may request the Department or the local government to complete the
process.
(6) Landfill siting in
Marion, Polk, Clackamas, Washington or Multnomah Counties under ORS 459.049:
(a) Public comment to determine need. Prior
to the Commission making a determination of need for any landfill site under
ORS 459.049, the Department shall give prior reasonable public notice of, and
hold a public informational hearing on, the need for the landfill
site;
(b) Public hearing in area
affected by proposed site. Prior to siting a landfill under ORS 459.049, the
Department shall give prior reasonable public notice of and hold a public
informational hearing in the area affected by the proposed site.
Stat. Auth.: ORS 459
Stats. Implemented: ORS 459.017, ORS 459.035 & ORS
459.047
