Jeld-Wen, Inc. v. Environmental Quality Commission

Petitioner Jeld-Wen, Inc., seeks review of a declaratory ruling of the Environmental Quality Commission (EQC) in which EQC concluded that the sewer system of the City of Klamath Falls (the City) was “available” to petitioner under ORS 454.655(4) and OAR 340-071-0160(5)(f). The ruling means that, under the statute and the rule, petitioner is not entitled to a permit to repair and enlarge its septic tank and drainfield sewage system but must, instead, connect to the City’s system. EQC also rejected petitioner’s constitutional challenges to that requirement. We affirm.

We take the facts from…