467.060 Variances;issuance, revocation or modification; grounds; rules
467.100 Localregulation of noise sources; exemption from state enforcement; rules
467.120 Agriculturaland forestry operations; mining or rock processing
467.131 Exemptionfrom civil or criminal liability based on noise or noise pollution fromshooting range
467.133 Exemptionfrom action for nuisance on basis of noise caused by shooting range
467.136 Preemptionof certain local regulation of shooting range
467.138 Limitationon law enforcement training exemption for shooting range
467.990 Penalties
467.010Legislative findings and policy. The Legislative Assembly finds that theincreasing incidence of noise emissions in this state at unreasonable levels isas much a threat to the environmental quality of life in this state and thehealth, safety and welfare of the people of this state as is pollution of theair and waters of this state. To provide protection of the health, safety andwelfare of Oregon citizens from the hazards and deterioration of the quality oflife imposed by excessive noise emissions, it is hereby declared that the Stateof Oregon has an interest in the control of such pollution, and that a programof protection should be initiated. To carry out this purpose, it is desirableto centralize in the Environmental Quality Commission the authority to adoptreasonable statewide standards for noise emissions permitted within this stateand to implement and enforce compliance with such standards. [1971 c.452 §1]
467.020Prohibition on emission of noise in excess of prescribed levels. Except asprovided in ORS 467.131 and 467.133, no person may emit, cause the emission of,or permit the emission of noise in excess of the levels fixed therefor by theEnvironmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995s.s. c.3 §40c; 1996 c.8 §2]
467.030Adoption of noise control rules, levels and standards. (1) Inaccordance with the applicable provisions of ORS chapter 183, the EnvironmentalQuality Commission shall adopt rules relating to the control of levels of noiseemitted into the environment of this state and including the following:
(a)Categories of noise emission sources, including the categories of motorvehicles and aircraft.
(b)Requirements and specifications for equipment to be used in the monitoring ofnoise emissions.
(c)Procedures for the collection, reporting, interpretations and use of dataobtained from noise monitoring activities.
(2)The Environmental Quality Commission shall investigate and, after appropriatepublic notice and hearing, shall establish maximum permissible levels of noiseemission for each category established, as well as the method of measurement ofthe levels of noise emission.
(3)The Environmental Quality Commission shall adopt, after appropriate publicnotice and hearing, standards for the control of noise emissions which shall beenforceable by order of the commission.
(4)In adopting noise control rules, levels and standards under this section, theEnvironmental Quality Commission shall not adopt any rule that would imposeliability for any activity for which immunity from civil and criminal liabilityis granted or for which an action for nuisance is prohibited under ORS 467.131and 467.133. [1971 c.452 §2; 1973 c.107 §1; 1973 c.835 §159; 1995 s.s. c.3§40d; 1996 c.8 §4]
467.035Determination of exempt noise emission sources; rules. (1) In additionto the powers of the Environmental Quality Commission described in ORS 467.060,the commission by rule may exempt a class of activity within a category ofnoise emission sources from the application of a rule establishing maximumpermissible levels of noise emission for that category of noise emissionsources.
(2)In determining whether to grant an exemption pursuant to subsection (1) of thissection, the commission shall consider:
(a)Protection of the health, safety and welfare of the citizens of this state;
(b)Feasibility and cost of noise abatement; and
(c)Past, present and projected patterns of land use and such state and local lawsand regulations as are applicable thereto. [1977 c.511 §3]
467.040Powers of Environmental Quality Commission; rules. TheEnvironmental Quality Commission has the power to investigate complaintsregarding excessive noise emission, to hold hearings, to issue orders, to makerules, to impose sanctions, and to do any other thing necessary to carry outthe policies of this state as set forth in this chapter. [1971 c.452 §4]
467.050Enforcement powers.The Environmental Quality Commission shall have the further power to enforcecompliance with or restrain violation of this chapter or rules or orders madethereunder in the same manner provided for enforcement proceedings under ORSchapters 468, 468A and 468B. [1971 c.452 §5; 1973 c.826 §5; 1973 c.835 §160;1974 c.36 §16]
467.060Variances; issuance, revocation or modification; grounds; rules. (1) TheEnvironmental Quality Commission by order may grant specific variances from theparticular requirements of any rule or standard to such specific persons orclass of persons or such specific noise emission source, upon such conditions asit may consider necessary to protect the public health, safety and welfare. Thespecific variance may be limited in duration. The commission shall grant aspecific variance only if it finds that strict compliance with the rule orstandard is inappropriate because:
(a)Conditions exist that are beyond the control of the persons applying for thevariance;
(b)Special circumstances render strict compliance unreasonable, unduly burdensomeor impractical due to special physical conditions or cause;
(c)Strict compliance would result in substantial curtailment or closing down of abusiness, plant or operation; or
(d)No other alternative facility or method of operating is yet available.
(2)The commission by rule may delegate to the Department of Environmental Quality,on such conditions as the commission may find appropriate, the power to grantvariances and to make the finding required by subsection (1) of this section tojustify any such variance.
(3)In determining whether or not a variance shall be granted, the commission orthe department shall consider the equities involved and the advantages anddisadvantages to residents and to the person conducting the activity for whichthe variance is sought.
(4)A variance may be revoked or modified by the commission. The commission mayrevoke or modify a variance if it finds:
(a)Violation of one or more conditions of the variance;
(b)Material misrepresentation of fact in the variance application or otherrepresentations of the variance holder;
(c)Material change in any of the circumstances relied upon by the commission ordepartment in granting the variance; or
(d)A material change or absence of any of the circumstances set forth insubsection (1)(a) to (d) of this section.
(5)The procedure for denial, modification, or revocation of a variance shall bethe procedure for a contested case as provided in ORS chapter 183. [1977 c.511 §2]
467.100Local regulation of noise sources; exemption from state enforcement; rules. (1) Pursuant tothis chapter, in order to protect the health, safety and welfare of itscitizens, a city or county may adopt and enforce noise ordinances or noisestandards otherwise permitted by law. A city or county may also adopt suchstandards for a class of activity exempted by the commission or noise emissionsources not regulated by the commission.
(2)The commission may by rule withdraw from enforcement any or all of its rules orstandards adopted pursuant to this chapter within the boundaries of any city orcounty, if the commission finds such city or county:
(a)Has adopted noise standards that are at least as stringent as and no lessprotective than those standards adopted by the state; and
(b)Has a program of active enforcement of such standards which, in the commission’sview, is at least as protective of the public health, safety and welfare aswould be the enforcement provided by the department.
(3)The commission may modify or repeal such a rule as is made in accordance withsubsection (2) of this section with regard to any particular city or county ifit finds material change in any of the circumstances relied upon by thecommission in making such rule. Such rulemaking shall be in conformance withthe provisions of ORS chapter 183.
(4)Nothing in this section is intended to preclude contractual arrangementsbetween a city or county and a state agency for services provided for theenforcement of state or local noise emission control standards. [1977 c.511 §4]
467.120Agricultural and forestry operations; mining or rock processing. (1) Except asprovided in subsection (3) of this section, agricultural operations andforestry operations are exempt from the provisions of this chapter.
(2)As used in this section:
(a)“Agricultural operations” means the current employment of land and buildings ona farm for the purpose of obtaining a profit in money by raising, harvestingand selling crops or by the feeding, breeding, management and sale of, or theproduce of, livestock, poultry, fur-bearing animals, vermiculture products or honeybeesor for dairying and the sale of dairy products or any other agricultural orhorticultural operations or any combination thereof including the propagationand raising of nursery stock and the preparation and storage of the productsraised for human use and animal use and disposal by marketing or otherwise by afarmer on such farm.
(b)“Forestry operations” means an activity related to the growing or harvesting offorest tree species on forestland as defined in ORS 526.324 (1).
(3)The following operations are not exempt from the provisions of subsections (1)and (2) of this section:
(a)The mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area, if:
(A)The operation operates more than nine hours per day during the period subjectto the daytime standards established by the Environmental Quality Commissionunder ORS 467.030; or
(B)The operation operates more than five days per week.
(b)Any mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area during the period subject to the nighttime noiseemission standards established by the Environmental Quality Commission underORS 467.030. [1979 c.413 §2; 1983 c.730 §2; 1985 c.681 §1; 2005 c.657 §6]
467.130 [1995 s.s. c.3 §40;repealed by 1996 c.8 §5 (467.131 enacted in lieu of 467.130)]
467.131Exemption from civil or criminal liability based on noise or noise pollutionfrom shooting range.Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap,blackpowder or other shooting range in this state shall be immune from civil orcriminal liability based upon an allegation of noise or noise pollution so longas:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity on the shooting range occurring between 7a.m. and 10 p.m. or conducted for law enforcement training purposes. [1996 c.8 §6(enacted in lieu of 467.130)]
Note: 467.131 to467.138 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 467 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
467.132 [1995 s.s. c.3 §40a;repealed by 1996 c.8 §7 (467.133 enacted in lieu of 467.132)]
467.133Exemption from action for nuisance on basis of noise caused by shooting range. The owner,operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder orother shooting range in this state shall not be subject to any action fornuisance and no court in this state shall enjoin the use or operation of suchshooting range on the basis of noise or noise pollution so long as:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity occurring between 7 a.m. and 10 p.m. orconducted for law enforcement training purposes. [1996 c.8 §8 (enacted in lieuof 467.132)]
Note: See note under467.131.
467.135 [1995 s.s. c.3 §40b;repealed by 1996 c.8 §9 (437.136 enacted in lieu of 467.135)]
467.136Preemption of certain local regulation of shooting range. Any localgovernment or special district ordinance or regulation now in effect orsubsequently adopted that makes a shooting range a nuisance or trespass orprovides for its abatement as a nuisance or trespass is invalid with respect toa shooting range for which no action or claim is allowed under ORS 467.131 and467.133. [1996 c.8 §10 (enacted in lieu of 467.135)]
Note: See note under467.131.
467.137 [1995 s.s. c.3 §40e;repealed by 1996 c.8 §11 (467.138 enacted in lieu of 467.137)]
467.138Limitation on law enforcement training exemption for shooting range. The exemptionallowed under ORS 467.131 and 467.133 for shooting activity conducted for lawenforcement training purposes shall be allowed only:
(1)For up to four nights a month; and
(2)After the owner, lessee or operator provides notice of the activity at leastone week before the activity occurs by publication in a newspaper of generalcirculation in a county in which the shooting range is located. [1996 c.8 §12(enacted in lieu of 467.137)]
Note: See note under467.131.
467.990Penalties.Violation of any provision of this chapter or rules or orders made under theprovisions of this chapter is a Class B misdemeanor. Each day of violationshall be considered a separate offense. [1971 c.452 §6; 1973 c.835 §161]
467.060 Variances;issuance, revocation or modification; grounds; rules
467.100 Localregulation of noise sources; exemption from state enforcement; rules
467.120 Agriculturaland forestry operations; mining or rock processing
467.131 Exemptionfrom civil or criminal liability based on noise or noise pollution fromshooting range
467.133 Exemptionfrom action for nuisance on basis of noise caused by shooting range
467.136 Preemptionof certain local regulation of shooting range
467.138 Limitationon law enforcement training exemption for shooting range
467.990 Penalties
467.010Legislative findings and policy. The Legislative Assembly finds that theincreasing incidence of noise emissions in this state at unreasonable levels isas much a threat to the environmental quality of life in this state and thehealth, safety and welfare of the people of this state as is pollution of theair and waters of this state. To provide protection of the health, safety andwelfare of Oregon citizens from the hazards and deterioration of the quality oflife imposed by excessive noise emissions, it is hereby declared that the Stateof Oregon has an interest in the control of such pollution, and that a programof protection should be initiated. To carry out this purpose, it is desirableto centralize in the Environmental Quality Commission the authority to adoptreasonable statewide standards for noise emissions permitted within this stateand to implement and enforce compliance with such standards. [1971 c.452 §1]
467.020Prohibition on emission of noise in excess of prescribed levels. Except asprovided in ORS 467.131 and 467.133, no person may emit, cause the emission of,or permit the emission of noise in excess of the levels fixed therefor by theEnvironmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995s.s. c.3 §40c; 1996 c.8 §2]
467.030Adoption of noise control rules, levels and standards. (1) Inaccordance with the applicable provisions of ORS chapter 183, the EnvironmentalQuality Commission shall adopt rules relating to the control of levels of noiseemitted into the environment of this state and including the following:
(a)Categories of noise emission sources, including the categories of motorvehicles and aircraft.
(b)Requirements and specifications for equipment to be used in the monitoring ofnoise emissions.
(c)Procedures for the collection, reporting, interpretations and use of dataobtained from noise monitoring activities.
(2)The Environmental Quality Commission shall investigate and, after appropriatepublic notice and hearing, shall establish maximum permissible levels of noiseemission for each category established, as well as the method of measurement ofthe levels of noise emission.
(3)The Environmental Quality Commission shall adopt, after appropriate publicnotice and hearing, standards for the control of noise emissions which shall beenforceable by order of the commission.
(4)In adopting noise control rules, levels and standards under this section, theEnvironmental Quality Commission shall not adopt any rule that would imposeliability for any activity for which immunity from civil and criminal liabilityis granted or for which an action for nuisance is prohibited under ORS 467.131and 467.133. [1971 c.452 §2; 1973 c.107 §1; 1973 c.835 §159; 1995 s.s. c.3§40d; 1996 c.8 §4]
467.035Determination of exempt noise emission sources; rules. (1) In additionto the powers of the Environmental Quality Commission described in ORS 467.060,the commission by rule may exempt a class of activity within a category ofnoise emission sources from the application of a rule establishing maximumpermissible levels of noise emission for that category of noise emissionsources.
(2)In determining whether to grant an exemption pursuant to subsection (1) of thissection, the commission shall consider:
(a)Protection of the health, safety and welfare of the citizens of this state;
(b)Feasibility and cost of noise abatement; and
(c)Past, present and projected patterns of land use and such state and local lawsand regulations as are applicable thereto. [1977 c.511 §3]
467.040Powers of Environmental Quality Commission; rules. TheEnvironmental Quality Commission has the power to investigate complaintsregarding excessive noise emission, to hold hearings, to issue orders, to makerules, to impose sanctions, and to do any other thing necessary to carry outthe policies of this state as set forth in this chapter. [1971 c.452 §4]
467.050Enforcement powers.The Environmental Quality Commission shall have the further power to enforcecompliance with or restrain violation of this chapter or rules or orders madethereunder in the same manner provided for enforcement proceedings under ORSchapters 468, 468A and 468B. [1971 c.452 §5; 1973 c.826 §5; 1973 c.835 §160;1974 c.36 §16]
467.060Variances; issuance, revocation or modification; grounds; rules. (1) TheEnvironmental Quality Commission by order may grant specific variances from theparticular requirements of any rule or standard to such specific persons orclass of persons or such specific noise emission source, upon such conditions asit may consider necessary to protect the public health, safety and welfare. Thespecific variance may be limited in duration. The commission shall grant aspecific variance only if it finds that strict compliance with the rule orstandard is inappropriate because:
(a)Conditions exist that are beyond the control of the persons applying for thevariance;
(b)Special circumstances render strict compliance unreasonable, unduly burdensomeor impractical due to special physical conditions or cause;
(c)Strict compliance would result in substantial curtailment or closing down of abusiness, plant or operation; or
(d)No other alternative facility or method of operating is yet available.
(2)The commission by rule may delegate to the Department of Environmental Quality,on such conditions as the commission may find appropriate, the power to grantvariances and to make the finding required by subsection (1) of this section tojustify any such variance.
(3)In determining whether or not a variance shall be granted, the commission orthe department shall consider the equities involved and the advantages anddisadvantages to residents and to the person conducting the activity for whichthe variance is sought.
(4)A variance may be revoked or modified by the commission. The commission mayrevoke or modify a variance if it finds:
(a)Violation of one or more conditions of the variance;
(b)Material misrepresentation of fact in the variance application or otherrepresentations of the variance holder;
(c)Material change in any of the circumstances relied upon by the commission ordepartment in granting the variance; or
(d)A material change or absence of any of the circumstances set forth insubsection (1)(a) to (d) of this section.
(5)The procedure for denial, modification, or revocation of a variance shall bethe procedure for a contested case as provided in ORS chapter 183. [1977 c.511 §2]
467.100Local regulation of noise sources; exemption from state enforcement; rules. (1) Pursuant tothis chapter, in order to protect the health, safety and welfare of itscitizens, a city or county may adopt and enforce noise ordinances or noisestandards otherwise permitted by law. A city or county may also adopt suchstandards for a class of activity exempted by the commission or noise emissionsources not regulated by the commission.
(2)The commission may by rule withdraw from enforcement any or all of its rules orstandards adopted pursuant to this chapter within the boundaries of any city orcounty, if the commission finds such city or county:
(a)Has adopted noise standards that are at least as stringent as and no lessprotective than those standards adopted by the state; and
(b)Has a program of active enforcement of such standards which, in the commission’sview, is at least as protective of the public health, safety and welfare aswould be the enforcement provided by the department.
(3)The commission may modify or repeal such a rule as is made in accordance withsubsection (2) of this section with regard to any particular city or county ifit finds material change in any of the circumstances relied upon by thecommission in making such rule. Such rulemaking shall be in conformance withthe provisions of ORS chapter 183.
(4)Nothing in this section is intended to preclude contractual arrangementsbetween a city or county and a state agency for services provided for theenforcement of state or local noise emission control standards. [1977 c.511 §4]
467.120Agricultural and forestry operations; mining or rock processing. (1) Except asprovided in subsection (3) of this section, agricultural operations andforestry operations are exempt from the provisions of this chapter.
(2)As used in this section:
(a)“Agricultural operations” means the current employment of land and buildings ona farm for the purpose of obtaining a profit in money by raising, harvestingand selling crops or by the feeding, breeding, management and sale of, or theproduce of, livestock, poultry, fur-bearing animals, vermiculture products or honeybeesor for dairying and the sale of dairy products or any other agricultural orhorticultural operations or any combination thereof including the propagationand raising of nursery stock and the preparation and storage of the productsraised for human use and animal use and disposal by marketing or otherwise by afarmer on such farm.
(b)“Forestry operations” means an activity related to the growing or harvesting offorest tree species on forestland as defined in ORS 526.324 (1).
(3)The following operations are not exempt from the provisions of subsections (1)and (2) of this section:
(a)The mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area, if:
(A)The operation operates more than nine hours per day during the period subjectto the daytime standards established by the Environmental Quality Commissionunder ORS 467.030; or
(B)The operation operates more than five days per week.
(b)Any mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area during the period subject to the nighttime noiseemission standards established by the Environmental Quality Commission underORS 467.030. [1979 c.413 §2; 1983 c.730 §2; 1985 c.681 §1; 2005 c.657 §6]
467.130 [1995 s.s. c.3 §40;repealed by 1996 c.8 §5 (467.131 enacted in lieu of 467.130)]
467.131Exemption from civil or criminal liability based on noise or noise pollutionfrom shooting range.Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap,blackpowder or other shooting range in this state shall be immune from civil orcriminal liability based upon an allegation of noise or noise pollution so longas:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity on the shooting range occurring between 7a.m. and 10 p.m. or conducted for law enforcement training purposes. [1996 c.8 §6(enacted in lieu of 467.130)]
Note: 467.131 to467.138 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 467 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
467.132 [1995 s.s. c.3 §40a;repealed by 1996 c.8 §7 (467.133 enacted in lieu of 467.132)]
467.133Exemption from action for nuisance on basis of noise caused by shooting range. The owner,operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder orother shooting range in this state shall not be subject to any action fornuisance and no court in this state shall enjoin the use or operation of suchshooting range on the basis of noise or noise pollution so long as:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity occurring between 7 a.m. and 10 p.m. orconducted for law enforcement training purposes. [1996 c.8 §8 (enacted in lieuof 467.132)]
Note: See note under467.131.
467.135 [1995 s.s. c.3 §40b;repealed by 1996 c.8 §9 (437.136 enacted in lieu of 467.135)]
467.136Preemption of certain local regulation of shooting range. Any localgovernment or special district ordinance or regulation now in effect orsubsequently adopted that makes a shooting range a nuisance or trespass orprovides for its abatement as a nuisance or trespass is invalid with respect toa shooting range for which no action or claim is allowed under ORS 467.131 and467.133. [1996 c.8 §10 (enacted in lieu of 467.135)]
Note: See note under467.131.
467.137 [1995 s.s. c.3 §40e;repealed by 1996 c.8 §11 (467.138 enacted in lieu of 467.137)]
467.138Limitation on law enforcement training exemption for shooting range. The exemptionallowed under ORS 467.131 and 467.133 for shooting activity conducted for lawenforcement training purposes shall be allowed only:
(1)For up to four nights a month; and
(2)After the owner, lessee or operator provides notice of the activity at leastone week before the activity occurs by publication in a newspaper of generalcirculation in a county in which the shooting range is located. [1996 c.8 §12(enacted in lieu of 467.137)]
Note: See note under467.131.
467.990Penalties.Violation of any provision of this chapter or rules or orders made under theprovisions of this chapter is a Class B misdemeanor. Each day of violationshall be considered a separate offense. [1971 c.452 §6; 1973 c.835 §161]
467.060 Variances;issuance, revocation or modification; grounds; rules
467.100 Localregulation of noise sources; exemption from state enforcement; rules
467.120 Agriculturaland forestry operations; mining or rock processing
467.131 Exemptionfrom civil or criminal liability based on noise or noise pollution fromshooting range
467.133 Exemptionfrom action for nuisance on basis of noise caused by shooting range
467.136 Preemptionof certain local regulation of shooting range
467.138 Limitationon law enforcement training exemption for shooting range
467.990 Penalties
467.010Legislative findings and policy. The Legislative Assembly finds that theincreasing incidence of noise emissions in this state at unreasonable levels isas much a threat to the environmental quality of life in this state and thehealth, safety and welfare of the people of this state as is pollution of theair and waters of this state. To provide protection of the health, safety andwelfare of Oregon citizens from the hazards and deterioration of the quality oflife imposed by excessive noise emissions, it is hereby declared that the Stateof Oregon has an interest in the control of such pollution, and that a programof protection should be initiated. To carry out this purpose, it is desirableto centralize in the Environmental Quality Commission the authority to adoptreasonable statewide standards for noise emissions permitted within this stateand to implement and enforce compliance with such standards. [1971 c.452 §1]
467.020Prohibition on emission of noise in excess of prescribed levels. Except asprovided in ORS 467.131 and 467.133, no person may emit, cause the emission of,or permit the emission of noise in excess of the levels fixed therefor by theEnvironmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995s.s. c.3 §40c; 1996 c.8 §2]
467.030Adoption of noise control rules, levels and standards. (1) Inaccordance with the applicable provisions of ORS chapter 183, the EnvironmentalQuality Commission shall adopt rules relating to the control of levels of noiseemitted into the environment of this state and including the following:
(a)Categories of noise emission sources, including the categories of motorvehicles and aircraft.
(b)Requirements and specifications for equipment to be used in the monitoring ofnoise emissions.
(c)Procedures for the collection, reporting, interpretations and use of dataobtained from noise monitoring activities.
(2)The Environmental Quality Commission shall investigate and, after appropriatepublic notice and hearing, shall establish maximum permissible levels of noiseemission for each category established, as well as the method of measurement ofthe levels of noise emission.
(3)The Environmental Quality Commission shall adopt, after appropriate publicnotice and hearing, standards for the control of noise emissions which shall beenforceable by order of the commission.
(4)In adopting noise control rules, levels and standards under this section, theEnvironmental Quality Commission shall not adopt any rule that would imposeliability for any activity for which immunity from civil and criminal liabilityis granted or for which an action for nuisance is prohibited under ORS 467.131and 467.133. [1971 c.452 §2; 1973 c.107 §1; 1973 c.835 §159; 1995 s.s. c.3§40d; 1996 c.8 §4]
467.035Determination of exempt noise emission sources; rules. (1) In additionto the powers of the Environmental Quality Commission described in ORS 467.060,the commission by rule may exempt a class of activity within a category ofnoise emission sources from the application of a rule establishing maximumpermissible levels of noise emission for that category of noise emissionsources.
(2)In determining whether to grant an exemption pursuant to subsection (1) of thissection, the commission shall consider:
(a)Protection of the health, safety and welfare of the citizens of this state;
(b)Feasibility and cost of noise abatement; and
(c)Past, present and projected patterns of land use and such state and local lawsand regulations as are applicable thereto. [1977 c.511 §3]
467.040Powers of Environmental Quality Commission; rules. TheEnvironmental Quality Commission has the power to investigate complaintsregarding excessive noise emission, to hold hearings, to issue orders, to makerules, to impose sanctions, and to do any other thing necessary to carry outthe policies of this state as set forth in this chapter. [1971 c.452 §4]
467.050Enforcement powers.The Environmental Quality Commission shall have the further power to enforcecompliance with or restrain violation of this chapter or rules or orders madethereunder in the same manner provided for enforcement proceedings under ORSchapters 468, 468A and 468B. [1971 c.452 §5; 1973 c.826 §5; 1973 c.835 §160;1974 c.36 §16]
467.060Variances; issuance, revocation or modification; grounds; rules. (1) TheEnvironmental Quality Commission by order may grant specific variances from theparticular requirements of any rule or standard to such specific persons orclass of persons or such specific noise emission source, upon such conditions asit may consider necessary to protect the public health, safety and welfare. Thespecific variance may be limited in duration. The commission shall grant aspecific variance only if it finds that strict compliance with the rule orstandard is inappropriate because:
(a)Conditions exist that are beyond the control of the persons applying for thevariance;
(b)Special circumstances render strict compliance unreasonable, unduly burdensomeor impractical due to special physical conditions or cause;
(c)Strict compliance would result in substantial curtailment or closing down of abusiness, plant or operation; or
(d)No other alternative facility or method of operating is yet available.
(2)The commission by rule may delegate to the Department of Environmental Quality,on such conditions as the commission may find appropriate, the power to grantvariances and to make the finding required by subsection (1) of this section tojustify any such variance.
(3)In determining whether or not a variance shall be granted, the commission orthe department shall consider the equities involved and the advantages anddisadvantages to residents and to the person conducting the activity for whichthe variance is sought.
(4)A variance may be revoked or modified by the commission. The commission mayrevoke or modify a variance if it finds:
(a)Violation of one or more conditions of the variance;
(b)Material misrepresentation of fact in the variance application or otherrepresentations of the variance holder;
(c)Material change in any of the circumstances relied upon by the commission ordepartment in granting the variance; or
(d)A material change or absence of any of the circumstances set forth insubsection (1)(a) to (d) of this section.
(5)The procedure for denial, modification, or revocation of a variance shall bethe procedure for a contested case as provided in ORS chapter 183. [1977 c.511 §2]
467.100Local regulation of noise sources; exemption from state enforcement; rules. (1) Pursuant tothis chapter, in order to protect the health, safety and welfare of itscitizens, a city or county may adopt and enforce noise ordinances or noisestandards otherwise permitted by law. A city or county may also adopt suchstandards for a class of activity exempted by the commission or noise emissionsources not regulated by the commission.
(2)The commission may by rule withdraw from enforcement any or all of its rules orstandards adopted pursuant to this chapter within the boundaries of any city orcounty, if the commission finds such city or county:
(a)Has adopted noise standards that are at least as stringent as and no lessprotective than those standards adopted by the state; and
(b)Has a program of active enforcement of such standards which, in the commission’sview, is at least as protective of the public health, safety and welfare aswould be the enforcement provided by the department.
(3)The commission may modify or repeal such a rule as is made in accordance withsubsection (2) of this section with regard to any particular city or county ifit finds material change in any of the circumstances relied upon by thecommission in making such rule. Such rulemaking shall be in conformance withthe provisions of ORS chapter 183.
(4)Nothing in this section is intended to preclude contractual arrangementsbetween a city or county and a state agency for services provided for theenforcement of state or local noise emission control standards. [1977 c.511 §4]
467.120Agricultural and forestry operations; mining or rock processing. (1) Except asprovided in subsection (3) of this section, agricultural operations andforestry operations are exempt from the provisions of this chapter.
(2)As used in this section:
(a)“Agricultural operations” means the current employment of land and buildings ona farm for the purpose of obtaining a profit in money by raising, harvestingand selling crops or by the feeding, breeding, management and sale of, or theproduce of, livestock, poultry, fur-bearing animals, vermiculture products or honeybeesor for dairying and the sale of dairy products or any other agricultural orhorticultural operations or any combination thereof including the propagationand raising of nursery stock and the preparation and storage of the productsraised for human use and animal use and disposal by marketing or otherwise by afarmer on such farm.
(b)“Forestry operations” means an activity related to the growing or harvesting offorest tree species on forestland as defined in ORS 526.324 (1).
(3)The following operations are not exempt from the provisions of subsections (1)and (2) of this section:
(a)The mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area, if:
(A)The operation operates more than nine hours per day during the period subjectto the daytime standards established by the Environmental Quality Commissionunder ORS 467.030; or
(B)The operation operates more than five days per week.
(b)Any mining or processing of rock, aggregate or minerals within one-half mile ofa noise sensitive area during the period subject to the nighttime noiseemission standards established by the Environmental Quality Commission underORS 467.030. [1979 c.413 §2; 1983 c.730 §2; 1985 c.681 §1; 2005 c.657 §6]
467.130 [1995 s.s. c.3 §40;repealed by 1996 c.8 §5 (467.131 enacted in lieu of 467.130)]
467.131Exemption from civil or criminal liability based on noise or noise pollutionfrom shooting range.Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap,blackpowder or other shooting range in this state shall be immune from civil orcriminal liability based upon an allegation of noise or noise pollution so longas:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity on the shooting range occurring between 7a.m. and 10 p.m. or conducted for law enforcement training purposes. [1996 c.8 §6(enacted in lieu of 467.130)]
Note: 467.131 to467.138 were enacted into law by the Legislative Assembly but were not added toor made a part of ORS chapter 467 or any series therein by legislative action.See Preface to Oregon Revised Statutes for further explanation.
467.132 [1995 s.s. c.3 §40a;repealed by 1996 c.8 §7 (467.133 enacted in lieu of 467.132)]
467.133Exemption from action for nuisance on basis of noise caused by shooting range. The owner,operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder orother shooting range in this state shall not be subject to any action fornuisance and no court in this state shall enjoin the use or operation of suchshooting range on the basis of noise or noise pollution so long as:
(1)The allegation results from the normal and accepted activity on the shootingrange;
(2)The owner, operator or lessee complied with any applicable noise control law orordinance existing at the time construction of the shooting range began or nonoise control law or ordinance was then existing; and
(3)The allegation results from activity occurring between 7 a.m. and 10 p.m. orconducted for law enforcement training purposes. [1996 c.8 §8 (enacted in lieuof 467.132)]
Note: See note under467.131.
467.135 [1995 s.s. c.3 §40b;repealed by 1996 c.8 §9 (437.136 enacted in lieu of 467.135)]
467.136Preemption of certain local regulation of shooting range. Any localgovernment or special district ordinance or regulation now in effect orsubsequently adopted that makes a shooting range a nuisance or trespass orprovides for its abatement as a nuisance or trespass is invalid with respect toa shooting range for which no action or claim is allowed under ORS 467.131 and467.133. [1996 c.8 §10 (enacted in lieu of 467.135)]
Note: See note under467.131.
467.137 [1995 s.s. c.3 §40e;repealed by 1996 c.8 §11 (467.138 enacted in lieu of 467.137)]
467.138Limitation on law enforcement training exemption for shooting range. The exemptionallowed under ORS 467.131 and 467.133 for shooting activity conducted for lawenforcement training purposes shall be allowed only:
(1)For up to four nights a month; and
(2)After the owner, lessee or operator provides notice of the activity at leastone week before the activity occurs by publication in a newspaper of generalcirculation in a county in which the shooting range is located. [1996 c.8 §12(enacted in lieu of 467.137)]
Note: See note under467.131.
467.990Penalties.Violation of any provision of this chapter or rules or orders made under theprovisions of this chapter is a Class B misdemeanor. Each day of violationshall be considered a separate offense. [1971 c.452 §6; 1973 c.835 §161]
