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Many environmental and legal challenges are associated with the establishment of a new landfill facility in rural Oregon. As a lawyer specializing in environmental law and land use, I have guided clients through the intricate process of obtaining the necessary permits for landfill projects. Here's summary of the complex journey to secure these permissions for a new landfill facility in Oregon. 1. Understanding the Environmental Concerns Oregon's environmental protection regulations are stringent and designed to protect the state's beautiful and diverse ecology. New landfills must adhere to strict guidelines to mitigate potential harm to the environment. A. Preliminary Site Assessment The first step is a detailed assessment of the proposed site's environmental aspects. This includes studying the local ecology, groundwater conditions, and evaluating potential risks to nearby communities. B. NEPA If the project requires federal permits or action, the developer must work with agencies to obtain compliance with the National Environmental Policy Act (NEPA). This can be a time consuming and complex process that will be addressed in a separate article. C. Other Federal Permits D e pending on the site, several types of federal permits or actions could be involved. For example, if the site is contiguous with a navigable water, federal wetland permitting might be required. Similarly, if endangered species are in the area, action under the Endangered Species Act might be needed. 2. Zoning and Land Use Regulations Zoning and land use issues can be a complex area to navigate. Although landfills are allowed under state law in rural areas, rural areas often have unique zoning laws that must be carefully interpreted and complied with. A. Local Zoning Compliance You must ensure that the proposed site complies with local zoning ordinances, which will require a conditional use permit. Issues ranging from compliance with environmental concerns to traffic impacts will be at issue. Odor is often also a major consideration for landfills in this process. Engaging local authorities and the community early in the process is essential for success. Moreover, conditional use permits are subject to hearings at the local level, and the results can be appealed to the Land Use Board of Appeals (LUBA) and the appellate courts. B. Land Use Compatibility Statement (LUCS) A LUCS must be obtained, indicating that the proposed use of the property is consistent with the local government's comprehensive plan. This should follow from the conditional use permit. 3. State Regulations and Permits State permits are often the most challenging aspect of the process, encompassing a range of areas including: A. Solid Waste Permit The Department of Environmental Quality (DEQ) will require a solid waste permit, detailing how the landfill will be constructed, operated, and eventually closed. ORS 459 and companion rules describe the requirements for this permit. B. Water Quality Permits Given the potential impact on local water resources, permits related to stormwater discharge and wastewater management must be obtained. The applicant will, for example, have to prepare a plan showing how it will manage landfill leachate. C. Air Quality Permits Oregon's DEQ also regulates air emissions from landfills. An air quality permit detailing the landfill's potential emissions and control measures is required. 4. Community Engagement Community concerns can significantly impact the permitting process. Holding public hearings and engaging with residents to address their concerns is vital to securing the necessary permits. 5. Conclusion: A Collaborative Effort Securing the necessary permits for a landfill in rural Oregon that serves urban areas is a multifaceted process that requires collaboration between legal experts, environmental consultants, and local authorities. While the permitting process may seem daunting, a well-prepared legal strategy can guide you through these complexities, ensuring that the proposed landfill complies with all legal and environmental regulations. By considering the environmental impact and working closely with local authorities and the community, we can build facilities that align with Oregon's commitment to environmental stewardship. If you are considering such a project, seeking professional legal guidance early in the process can prove invaluable in navigating the legal maze that surrounds the establishment of a new landfill facility in rural Oregon.

The Risk. If you operate and industrial or commercial site, you are always at risk of offending the Oregon Department of Environmental Quality (DEQ). If you are discharging a pollutant to waters of the state (a defined term), you might have a problem with the Clean Water Act's (CWA) NPDES program. If you are emitting a pollutant, you might have a problem with clean air regulations. If your land has hazardous waste deposits, you might have a problem under CERCLA. Whatever it is, you could come under scrutiny by DEQ. If that happens, several general steps apply. First Steps. DEQ will first try to work with you to resolve the violation, if any, by imposing additional regulation on you. For example, the agency might require you to come into compliance or get a permit, like coverage under the general stormwater permit 1200-Z. Or DEQ might require you not to emit the offending pollutant. You can and should negotiate with DEQ during this period. File a Notice of Appeal. If DEQ doesn't like your response, it will issue a notice of violation (NOV) and enforcement order. DEQ will generally impose a fine in addition to requiring compliance with the order. That gives you two choices. First, you can comply with the NOV and pay the fine. But second, you can choose to contest the NOV. If you take the second approach, you must file a notice of appeal withing 20 days. This period cannot be extended. With the notice of appeal, you can request an informal conference with DEQ to work through the issues. DEQ will schedule the conference and you will have the opportunity for further negotiations. If, however, DEQ will not settle with you the case will be referred to an administrative law judge for a hearing and decision on the order. If you don't like that result, the next step is an appeal to the Oregon Court of Appeals. Get Expert Help.  Negotiating with DEQ at any step, and litigating the NOV, is a tricky business. Essentially you will be engaging in complex litigation. Your best bet is to get an experienced environmental lawyer at the start who can guide you through the process. Remember dealing with DEQ is a complex and risky process. It is best to have expert help at the start. I can provide that help. I have been working for and against DEQ for 20 years, and I am experienced with administrative and environmental law. I currently am in litigation with DEQ for its regulatory overreach. Please give me a call if you would like to discuss a problem with DEQ.