Schreiner's Gardens v. Department of Environmental Quality

Petitioners appeal from an order of the Land Use Board of Appeals affirming the Department of Environmental Quality’s issuance of an air containment discharge permit, a waste disposal permit and a solid waste disposal permit to respondent Trans Energy - Oregon for the operation of a waste burning facility in Marion County.

Petitioners earlier appealed to LUBA from the county’s decision approving the location of the facility. LUBA dismissed that appeal, because it was not filed timely. We affirmed that dismissal without opinion. Schreiner’s Gardens v. Marion County, 66 Or App 194, 674 P2d 630…