(1) If the Environmental Quality Commission revokes a PCB disposal facility permit under ORS 466.170, the commission may: (a) Close the existing PCB disposal site or facility; or (b) Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal or treatment of PCB according to the provisions of subsection (2) of this section. (2) The department may, upon direction from the commission and after payment of just compensation, acquire and own an existing facility for use in the disposal of PCB. In order to secure such a facility, the commission may modify or waive any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS 469.375 or 469.525, if the commission finds that waiver or modification: (a) Is necessary to make operation of the facility economically feasible; and (b) Will not endanger the public health and safety or the environment.
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