Oil Re-Refining Co. v. Environmental Quality Commission

Petitioner, Oil Re-Refining Company (ORRCO), seeks judicial review of a final order of the Environmental Quality Commission (the commission) in a contested case in which the Department of Environmental Quality (DEQ) sought to fine petitioner for transporting and treating hazardous waste without a required manifest and permit in violation of 40 CFR section 263.20(a)(1) (2007)1 and ORS 466.095(l)(c). ORRCO challenges the commission’s interpretation of those provisions, arguing that they require DEQ to prove that ORRCO did not rely on the waste generator’s characterization of the waste as…