Or. Admin. Code § 345-022-0110 - Public Services
(1) Except for facilities described in
sections (2) and (3), to issue a site certificate, the Council must find that
the construction and operation of the facility, taking into account mitigation,
are not likely to result in significant adverse impact to the ability of public
and private providers within the analysis area described in the project order
to provide: sewers and sewage treatment, water, storm water drainage, solid
waste management, housing, traffic safety, police and fire protection, health
care and schools.
(2) The Council
may issue a site certificate for a facility that would produce power from wind,
solar or geothermal energy without making the findings described in section
(1). However, the Council may apply the requirements of section (1) to impose
conditions on a site certificate issued for such a facility.
(3) The Council may issue a site certificate
for a special criteria facility under OAR
345-015-0310 without making the
findings described in section (1). However, the Council may apply the
requirements of section (1) to impose conditions on a site certificate issued
for such a facility.
(4) To assist
the Council in determining whether the standard outlined in (1) through (3) has
been met, the Applicant must submit:
(a)
Information about significant potential adverse impacts of construction and
operation of the proposed facility on the ability of public and private
providers in the analysis area to provide the services listed in OAR
345-022-0110, providing evidence
to support a finding by the Council as required by OAR
345-022-0110. The applicant must
include:
(A) The important assumptions the
applicant used to evaluate potential impacts;
(B) Identification of the public and private
providers in the analysis area that would likely be affected;
(C) A description of any likely adverse
impact to the ability of the providers identified in (B) to provide the
services listed in OAR
345-022-0110;
(D) Evidence that adverse impacts described
in (C) are not likely to be significant, taking into account any measures the
applicant proposes to avoid, reduce or otherwise mitigate the impacts;
and
(E) The applicant's proposed
monitoring program, if any, for impacts to the ability of the providers
identified in (B) to provide the services listed in OAR
345-022-0110.
(b) A materials analysis,
including:
(A) An inventory of substantial
quantities of industrial materials flowing into and out of the proposed
facility during construction and operation;
(B) The applicant's plans to manage hazardous
substances during construction and operation, including measures to prevent and
contain spills; and
(C) The
applicant's plans to manage non-hazardous waste materials during construction
and operation.
Notes
Statutory/Other Authority: ORS 469.470 & 469.501
Statutes/Other Implemented: ORS 469.501
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Except for facilities described in sections (2) and (3), to issue a site certificate, the Council must find that the construction and operation of the facility, taking into account mitigation, are not likely to result in significant adverse impact to the ability of public and private providers within the analysis area described in the project order to provide: sewers and sewage treatment, water, storm water drainage, solid waste management, housing, traffic safety, police and fire protection, health care and schools.
(2) The Council may issue a site certificate for a facility that would produce power from wind, solar or geothermal energy without making the findings described in section (1). However, the Council may apply the requirements of section (1) to impose conditions on a site certificate issued for such a facility.
(3) The Council may issue a site certificate for a special criteria facility under OAR 345-015-0310 without making the findings described in section (1). However, the Council may apply the requirements of section (1) to impose conditions on a site certificate issued for such a facility.
Notes
Stat. Auth.: ORS 469.470 & 469.501
Stats. Implemented: ORS 469.501