OAR 340-093-0250: Landfill Siting: Request for DEQ Assistance

(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 459.047 will 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.