ORS 459.045: Rules.

(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the: (a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public. (b) Location of disposal sites, giving consideration to: (A) The adaptability of each disposal site to the population served, topography and geology of the area and other characteristics as they affect protection of ground and surface waters and air pollution; (B) Minimum standards of design, management and operation of disposal sites; and (C) Salvage operations at disposal sites. (c) Construction, loading and operation of vehicles used in performing collection service to prevent the contents of the vehicles from dropping, sifting, leaking or escaping onto public highways. (d) Definition of other “wastes” subject to regulation under ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and (2). (e) Closure and post-closure maintenance of land disposal sites. (2) The commission may by rule: (a) Exempt a class of land disposal sites other than those receiving domestic solid waste from the requirement to provide financial assurance under ORS 459.272; or (b) Establish criteria that a land disposal site must meet to be exempted from the requirement to provide financial assurance under ORS 459.272. (3) The commission shall adopt rules on other subjects as necessary to carry out: (a) ORS 459.005 to 459.105 and 459.205 to 459.385. (b) ORS 646.608 (1)(y). Rules adopted under this paragraph shall, to the greatest extent practicable, be consistent with the labeling requirements of other states. (4) The commission shall adopt rules which have modified or limited application in different geographic areas of the state when special conditions prevail in specified geographic areas. Special conditions that shall be considered include, but are not limited to, climatic conditions, zone classification of the area, population characteristics, methods and costs of solid waste management, solid waste management plans and other conditions in the area. Modifications or limitations shall not be unreasonable, arbitrary or inimical to the policy and purposes of ORS 459.005 to 459.105 and 459.205 to 459.385. (5) All rules adopted under this section shall be adopted after public hearing and in accordance with ORS chapter 183. (6) Unless a rule adopted under this section is adopted pursuant to the authority granted by ORS 183.335 (5), the commission shall mail copies of the proposed rules to all persons who have requested such copies. The copies shall be mailed at least 30 days prior to the hearing required by subsection (5) of this section. [1971 c.648 §5; 1973 c.835 §137; 1981 c.709 §2; 1983 c.766 §6; 1993 c.560 §§7,7a; 2001 c.924 §23]