ELR Citation: ELR 20582
No(s). 18457 (Or. Ct. App. Feb 8, 1982)

The court affirms respondents' denial of a solid waste permit because of a risk of groundwater pollution that would be contrary to Oregon water pollution statutes. The court rules that the Department of Environmental Quality need not base its actions only on the state's solid waste control statutes since those statutes neither require nor permit the department to grant a permit for solid waste disposal activities that would violate the state's water pollution statutes. In addition, respondent's permit denial and order are not required to have an exact counterpart in the applicable statutes and regulations. Those statutes and regulations clearly indicate that review of disposal permit applications may include examination of the water pollution risks that may be created by the proposed facility.

Counsel for Petitioners
Richard J. Brownstein
Gilbertson, Brownstein, Sweeney, Kerr & Grim
1200 SW Main St., Portland OR 97205
(503) 221-1772

Ronald A. Watson
806 SW Broadway, Portland OR 97205
(503) 228-8531

Counsel for Respondents
Frank W. Ostrander, Raymond W. Underwood, Ass't Attorneys General; John R. McCulloch Jr., William F. Gary
Dep't of Justice, 100 State Office Bldg., Salem OR 97310
(503) 378-6002

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.