ORS 215.246: Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives.

(1) The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v): (a) Require a determination by the Department of Environmental Quality, in conjunction with the department’s review of a license, permit or approval, that the application rates and site management practices for the land application of reclaimed water, agricultural or industrial process water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity of the tract. (b) Are not subject to other provisions of ORS 215.213 or 215.283 or to the provisions of ORS 215.274, 215.275 or 215.296. (2) The use of a tract of land on which the land application of reclaimed water, agricultural or industrial process water or biosolids has occurred under this section may not be changed to allow a different use unless: (a) The tract is included within an acknowledged urban growth boundary; (b) The tract is rezoned to a zone other than an exclusive farm use zone; (c) The different use of the tract is a farm use as defined in ORS 215.203; or (d) The different use of the tract is a use allowed under: (A) ORS 215.213 (1)(b), (d) to (f), (i) to (n), (p) to (r), (u), (w) or (x); (B) ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r); (C) ORS 215.213 (11); (D) ORS 215.283 (1)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u); (E) ORS 215.283 (2)(a), (j), (L) or (p) to (s); or (F) ORS 215.283 (4). (3) When a state agency or a local government makes a land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids under a license, permit or approval by the Department of Environmental Quality, the applicant shall explain in writing how alternatives identified in public comments on the land use decision were considered and, if the alternatives are not used, explain in writing the reasons for not using the alternatives. The applicant must consider only those alternatives that are identified with sufficient specificity to afford the applicant an adequate opportunity to consider the alternatives. A land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids may not be reversed or remanded under this subsection unless the applicant failed to consider identified alternatives or to explain in writing the reasons for not using the alternatives. (4) The uses allowed under this section include: (a) The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application; (b) The establishment and use of facilities, including buildings, equipment, aerated and nonaerated water impoundments, pumps and other irrigation equipment, that are accessory to and reasonably necessary for the land application to occur on the subject tract; (c) The establishment and use of facilities, including buildings and equipment, that are not on the tract on which the land application occurs for the transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs if the facilities are located within: (A) A public right of way; or (B) Other land if the landowner provides written consent and the owner of the facility complies with ORS 215.275 (4); and (d) The transport by vehicle of reclaimed water or agricultural or industrial process water to a tract on which the water will be applied to land. (5) Uses not allowed under this section include: (a) The establishment and use of facilities, including buildings or equipment, for the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to the treatment that occurs as a result of the land application; or (b) The establishment and use of utility facility service lines allowed under ORS 215.213 (1)(x) or 215.283 (1)(u). [2001 c.488 §4; 2009 c.850 §5; 2011 c.567 §8; 2013 c.242 §6]