(1)(a) 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.\n(b) The Environmental Quality Commission may grant all or part of a variance under this section.\n(c) 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.\n(d) In granting a variance, the commission must find that:\n(A) Conditions exist that are beyond the control of the applicant;\n(B) Special conditions exist that render compliance unreasonable or impractical; or\n(C) Compliance may result in a reduction in recycling.\n(2) An affected person may apply to the commission to extend the time permitted under ORS 459.005, 459.015, 459.035, 459.250, 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. RS 459.005, 459.015, 459.035, 459.250, 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:\n(a) Grant an extension upon a showing of good cause;\n(b) Impose any necessary conditions on the extension; or\n(c) Deny the application in whole or in part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]
Oregon Legal Code