2021 Oregon Revised Statutes
Chapter 468 - Environmental Quality Generally
Section 468.265 - Powers of county over pollution control facilities; limitations.


(a) To acquire, whether by purchase, exchange, devise, gift or otherwise, establish, construct, improve, maintain, equip and furnish one or more pollution control facilities or any interest therein to be located, in whole or in part, within such municipality or in another municipality, if the other municipality gives written consent.
(b) To enter into a lease, sublease, lease-purchase, installment sale, sale, or agreement for any facility upon such terms and conditions as the governing body may deem advisable, provided the same shall at least fully cover all debt service requirements with respect to the facility and shall not conflict with the provisions of ORS 468.263 to 468.272.
(c) To sell, exchange, donate and convey to others any or all facilities upon such terms as the governing body may deem advisable, including the power to receive for any such sale the note or notes of the purchaser of the facilities or property whenever the governing body finds any such action to be in furtherance of the purposes of ORS 468.263 to 468.272.
(d) To issue revenue bonds for the purpose of carrying out any of its powers under ORS 468.263 to 468.272.
(e) Whenever the governing body finds such loans to be in the furtherance of the purposes of ORS 468.263 to 468.272 and subject always to the limitations contained in ORS 468.266, to make secured or unsecured loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a facility and to charge and collect interest on such loans and pledge the proceeds thereof as security for the payment of the principal and interest of any bonds issued hereunder and any agreements made in connection therewith. A facility, in whole or in part, must be located in the municipality or in another municipality if the other municipality gives written consent.
(f) To mortgage and pledge any or all facilities or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues, proceeds and receipts or any portion thereof from a facility as security for the payment of the principal of and interest on any bonds so issued.
(g) To refund outstanding obligations incurred by an enterprise to finance the cost of a facility when the governing body finds that such refinancing is in the public interest.
(h) To pay compensation for professional services and other services as the governing body shall deem necessary to carry out the purposes of ORS 468.263 to 468.272.
(i) To acquire and hold obligations of any kind to carry out the purposes of ORS 468.263 to 468.272.
(j) To invest and reinvest funds under its control as the governing body shall direct.
(k) To enter into contracts and execute any agreements or instruments and to do any and all things necessary or appropriate to carry out the purposes of ORS 468.263 to 468.272.
(L) To acquire, own, sell, assign or otherwise hold legal or equitable title to or an interest in pollution control facilities or hold federal tax ownership of pollution control facilities.
(2) The county shall not have the power to operate any facility as a business other than as owner pursuant to subsection (1)(L) of this section or as lessor or seller, nor shall it permit any funds derived from the sale of bonds to be used by any lessee or purchaser of a facility as working capital.
(3) Counties may jointly exercise any power or authority granted under ORS 468.263 to 468.272, including, without limitation, the power to borrow money or issue bonds or notes.
(4) For the purpose of exercising the power and authority granted under ORS 468.263 to 468.272, a county is not subject to the requirements of ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C. [1974 c.34 §3; 2001 c.680 §7; 2003 c.794 §292]
Note: See note under 468.263.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 468 - Environmental Quality Generally

Section 468.005 - Definitions.

Section 468.010 - Environmental Quality Commission; appointment; confirmation; term; compensation and expenses.

Section 468.020 - Rules and standards.

Section 468.035 - Functions of department.

Section 468.045 - Functions of director; delegation.

Section 468.050 - Deputy director.

Section 468.053 - Surcharge on fee or invoice.

Section 468.054 - Environmental Data Management System Fund.

Section 468.062 - Authority of Department of Environmental Quality to require fingerprints.

Section 468.065 - Issuance of permits; content; rules; fees; use.

Section 468.066 - History of compliance with environmental quality laws.

Section 468.067 - Organizational standing to seek judicial review of final order in Title V permit proceeding.

Section 468.070 - Denial, modification, suspension or revocation of permits.

Section 468.073 - Expedited or enhanced regulatory process; payment; disposition of payments.

Section 468.075 - Revolving fund; uses.

Section 468.076 - Definitions for ORS 468.076 to 468.089.

Section 468.078 - Action for pollution originating in Oregon.

Section 468.079 - Action for pollution originating in reciprocating jurisdiction.

Section 468.080 - Applicability of Oregon law.

Section 468.081 - Rights of injured person.

Section 468.083 - Right conferred under ORS 468.076 to 468.087 in addition to other rights.

Section 468.085 - Sovereign immunity defense.

Section 468.087 - Application and construction of ORS 468.076 to 468.087.

Section 468.089 - Short title.

Section 468.090 - Complaint procedure.

Section 468.095 - Investigatory authority; entry on premises; status of records.

Section 468.100 - Enforcement procedures; powers of regional authorities; status of procedures.

Section 468.115 - Enforcement in cases of emergency.

Section 468.120 - Public hearings; subpoenas, oaths, depositions.

Section 468.126 - Advance notice.

Section 468.130 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

Section 468.135 - Imposition of civil penalties.

Section 468.140 - Civil penalties for specified violations.

Section 468.148 - Legislative findings and declarations.

Section 468.149 - Assessment of final changes to federal environmental law; state implementation of baseline federal standards.

Section 468.150 - Field sanitation and straw utilization and disposal methods as "pollution control facilities."

Section 468.153 - Legislative findings and declarations.

Section 468.155 - Definitions for ORS 468.155 to 468.190.

Section 468.165 - Application for certification of pollution control facilities; rules; fees.

Section 468.167 - Application for precertification.

Section 468.170 - Action on application; rejection; appeal; issuance of certificate; certification.

Section 468.172 - "Environmental management system" defined.

Section 468.173 - Applicable percentage of certified cost of facility eligible for tax credit.

Section 468.180 - Conditions for issuance of certificate under ORS 468.170.

Section 468.183 - Revocation of certification for loss of Green Permit.

Section 468.185 - Procedure to revoke certification; reinstatement.

Section 468.190 - Allocation of costs to pollution control; rules.

Section 468.220 - Department to administer fund; uses; legislative approval of grants; administrative assessment.

Section 468.230 - Pollution Control Sinking Fund; use; limitation.

Section 468.250 - Participation in matching fund programs with federal government.

Section 468.253 - Authority of director to act to benefit fund.

Section 468.263 - Definitions for ORS 468.263 to 468.272.

Section 468.264 - Policy.

Section 468.265 - Powers of county over pollution control facilities; limitations.

Section 468.266 - Issuance of bonds.

Section 468.267 - Security for bonds.

Section 468.268 - Enforcement of bond obligation.

Section 468.269 - Trustees; powers.

Section 468.270 - Tax status of leasehold interest in facilities.

Section 468.271 - Effect on procedure of awarding contracts; construction.

Section 468.272 - Application of other laws relating to bonds.

Section 468.423 - Definitions for ORS 468.423 to 468.440.

Section 468.425 - Policy.

Section 468.427 - Water Pollution Control Revolving Fund; sources.

Section 468.428 - Lottery bonds.

Section 468.429 - Uses of revolving fund.

Section 468.431 - Water Pollution Control Administration Fund; sources; uses.

Section 468.433 - Duties of department; loan program.

Section 468.437 - Loan applications; eligibility; repayment; default remedy.

Section 468.439 - Borrowing authority of public agency.

Section 468.440 - Loan terms and interest rates; considerations; rules.

Section 468.442 - Definitions.

Section 468.444 - Zero-emission and electric vehicle rebate program; rules.

Section 468.446 - Charge Ahead Oregon Program; rules.

Section 468.448 - Audits; reports.

Section 468.449 - Zero-Emission Incentive Fund; rules.

Section 468.501 - Definitions for ORS 468.501 to 468.521.

Section 468.503 - Purpose of Green Permits.

Section 468.506 - Commission rulemaking to carry out Green Permit program.

Section 468.508 - Eligibility for Green Permit.

Section 468.511 - Environmental laws not applicable to facility operating under Green Permit.

Section 468.513 - Judicial review of agency decision on issuance of Green Permit.

Section 468.516 - Termination of Green Permit.

Section 468.518 - Application for permit or approval affected by termination of Green Permit.

Section 468.521 - Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected.

Section 468.531 - Legislative findings.

Section 468.533 - Willamette River Cleanup Authority; purposes; membership; powers.

Section 468.581 - Definitions for ORS 468.581 to 468.587.

Section 468.583 - Policy.

Section 468.585 - Legislative findings.

Section 468.587 - State agencies and ecosystem services.

Section 468.920 - Definitions for ORS 468.922 to 468.956.

Section 468.922 - Unlawful disposal, storage or treatment of hazardous waste in the second degree.

Section 468.924 - Applicability of ORS 161.655.

Section 468.926 - Unlawful disposal, storage or treatment of hazardous waste in the first degree.

Section 468.929 - Unlawful transport of hazardous waste in the second degree.

Section 468.931 - Unlawful transport of hazardous waste in the first degree.

Section 468.936 - Unlawful air pollution in the second degree.

Section 468.939 - Unlawful air pollution in the first degree.

Section 468.943 - Unlawful water pollution in the second degree.

Section 468.946 - Unlawful water pollution in the first degree.

Section 468.948 - Unlawful motorized in-stream placer mining.

Section 468.951 - Environmental endangerment.

Section 468.953 - Supplying false information to agency.

Section 468.959 - Upset or bypass as affirmative defense.

Section 468.961 - Approval of Attorney General or district attorney before bringing felony charge; guidelines for bringing felony charge; model guidelines.

Section 468.963 - Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review.

Section 468.996 - Civil penalty for intentional or reckless violation; rules.