Section 459A.055 - Variance or request for extension to provide opportunity to recycle(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.(b) The Environmental Quality Commission may grant all or part of a variance under this section.(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.(d) In granting a variance, the commission must find that:(A) Conditions exist that are beyond the control of the applicant;(B) Special conditions exist that render compliance unreasonable or impractical; or(C) Compliance may result in a reduction in recycling.(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. The commission may: (a) Grant an extension upon a showing of good cause;(b) Impose any necessary conditions on the extension; or(c) Deny the application in whole or in part. Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5