(1) If the Environmental Quality Commission revokes a permit under ORS § 466.170, the commission may:

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(a) Close an existing hazardous waste disposal site or facility; or

(b) Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal, storage or treatment of hazardous waste according to the provisions of subsection (2) of this section.

(2) The department may, upon direction of the commission and upon payment of just compensation, acquire and own an existing facility or site for use in the disposal, storage or treatment of hazardous waste. In order to secure such a site, the commission may modify or waive any of the requirements of ORS Chapter 459 and ORS § 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS § 469.375 or 469.525, if it finds that such waiver or modification:

(a) Is necessary to make operation of the facility or site economically feasible; and

(b) Will not endanger the public health and safety or the environment. [Formerly 459.635; 1987 c.540 § 31; 1993 c.422 § 26; 1993 c.560 § 104]