(1) Before issuing a permit for a facility designed to treat or dispose of hazardous waste or PCB, the permit applicant must demonstrate, and the Environmental Quality Commission must find, that the owner and operator meet the following criteria:

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(a) The owner, any parent company of the owner and the operator have adequate financial and technical capability to properly construct and operate the facility; and

(b) The compliance history of the owner including any parent company of the owner and the operator in owning and operating other similar facilities, if any, indicates an ability and willingness to operate the proposed facility in compliance with the provisions of ORS § 466.005 to 466.385 and 466.992 or any condition imposed on the permittee by the commission.

(2) If requested by the permit applicant, information submitted as confidential under subsection (1)(a) of this section shall be maintained confidential and exempt from public disclosure to the extent provided by Oregon law. [1985 c.670 § 7; 1987 c.540 § 19; 1989 c.833 § 97]