459.053 Powers of department regarding landfills
254 words·~1 min read·
/or/ors-chapter-459/solid-waste-management/state-administration/459-053·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
459.053 Powers of department regarding landfills. Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017, 459.047 to 459.065, 459.245 and 468.195 to 468.260, the Department of Environmental Quality may:
(1)By mutual agreement, return all or part of the responsibility for development or operation of the landfill to the local government unit within whose jurisdiction the landfill is to be established, or contract with the local government unit to establish the landfill.
(2)To the extent necessary, acquire by purchase, gift, grant or exercise of the power of eminent domain, real and personal property or any interest therein, including the property of a public corporation or local government unit.
(3)Lease and dispose of real or personal property.
(4)At reasonable times and after reasonable notice, enter upon land to perform necessary surveys or tests.
(5)Acquire, modify, expand or build landfills.
(6)Subject to any limitations in ORS 468.195 to 468.260, use money from the Pollution Control Fund created in ORS 468.215 for the purposes of carrying out ORS 459.047 and 459.049.
(7)Enter into contracts or other agreements with any local government unit or private person for the purposes stated in ORS 459.065 (1).
(8)Accept gifts, donations or contributions from any source to carry out the provisions of ORS 459.047 and 459.049.
(9)Establish a system of fees or user charges to fund the operation and maintenance of a department owned landfill and to repay department costs. [1979 c.773 §6; 1983 c.826 §22; 1993 c.560 §11]