ORS 459A.055 Variance or request for extension to provide opportunity to recycle

Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025.

The Environmental Quality Commission may grant all or part of a variance under this section.

Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.

In granting a variance, the commission must find that:

Conditions exist that are beyond the control of the applicant;

Special conditions exist that render compliance unreasonable or impractical; or

Compliance may result in a reduction in recycling.

An affected person may apply to the commission to extend the time permitted under

459A.005 and 459A.050 for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may:

Grant an extension upon a showing of good cause;

Impose any necessary conditions on the extension; or

Deny the application in whole or in part.