Oregon Statutes 466.300 – Restrictions on commission authority to issue permit
The Environmental Quality Commission may not issue a permit under ORS § 466.295 for any facility designed to dispose of PCB by incineration unless:
Terms Used In Oregon Statutes 466.300
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The facility is also equipped to incinerate hazardous waste; and
(2) The applicant has received all federal and state licenses and permits required to operate a hazardous waste incinerator. [1985 c.670 § 23; 1987 c.540 § 44]
(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator’s permit or any provisions of ORS § 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS § 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.
(2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist to justify a hearing upon the complaint, it shall give 10 days’ written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.
(3) An administrative law judge assigned from the Office of Administrative Hearings established under ORS § 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality Commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS § 183.480 for judicial review of orders in contested cases. The costs of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 § 24; 1987 c.540 § 45; 1999 c.849 96,97; 2003 c.75 § 40]