Oregon Revised Statutes
As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665: “Affected person” means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district. “Board of county commissioners” or “b…
ORS 459.005 does not apply to wood residue that: Is a by-product of manufacturing wood products or processing wood at a facility that manufactures wood products, including a sawmill, pulp mill or paper mill; Is not commingled with other types of solid waste; and Is combusted as a fuel by the generator of the wood residue in a facility that has obtained a …
The Legislative Assembly finds and declares that: The planning, development and operation of recycling programs is a matter of statewide concern. The opportunity to recycle should be provided to every person in Oregon. There is a shortage of appropriate sites for landfills in Oregon. It is in the best interests of the people of Oregon to extend the usefu…
The Legislative Assembly finds and declares that: The planning, location, acquisition, development and operation of landfills is a matter of statewide concern. Local government units have the primary responsibility for planning for solid waste management. Where the solid waste management plan of a local government unit has identified a need for a landfill…
STATE ADMINISTRATION
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: Shall promote and coordinate research, studies and demonstration projects on improved methods and techniques in all phases of solid waste management. May apply to and receive funds from the federal government and from public and private agencies to…
Consistent with ORS 459.015 (2)(e), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical and planning assistance in development and implementation of effective solid waste management plans and practices, implementation of recycling programs under ORS 459.2…
The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the: Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to s…
The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain partial and final approval of a solid waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act of 1976, P.L. 94-580 and the Hazardous and Solid Waste Amendment…
Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall: Assist the local government unit in the establishment of the landfill including assisti…
Upon its own motion or upon the recommendation of the Department of Environmental Quality, the Environmental Quality Commission may determine that a landfill within the counties of Marion, Polk, Clackamas, Washington or Multnomah must be established in order to protect the health, safety and welfare of the residents of an area for which a local government so…
In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules: To establish a procedure for local government units to request assistance from the Department of Environmental Quality in the establishment of a landfill under ORS 459.047, and to give notice of such requests. To establis…
Subject to policy direction by the Environmental Quality Commission in carrying out ORS 459.017, 459.047 to 459.065, 459.245 and 468.195 to 468.260, the Department of Environmental Quality may: By mutual agreement, return all or part of the responsibility for development or operation of the landfill to the local government unit within whose jurisdiction the…
Before issuing a permit for a landfill established after October 3, 1979, in any area zoned for exclusive farm use, the Department of Environmental Quality shall determine that the site can and will be reclaimed for uses permissible in the exclusive farm use zone. A permit issued for a landfill in an exclusive farm use zone must contain requirements that: E…
Before issuing a permit for a landfill to be established under ORS 459.047 or 459.049 or for a disposal site established as a conditional use in an area zoned for exclusive farm use within the boundaries of Clackamas, Marion, Multnomah, Polk or Washington County, the Department of Environmental Quality shall require that, to the extent legally, technically a…
For purposes of any rules adopted by the Environmental Quality Commission pursuant to ORS 459.005 to 459.437 that require a determination that the use of a solid waste is productive, upland placement of dredged material by a port district shall be determined productive. Nothing in this section is intended to affect any other requirement adopted by rule by th…
The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.385 and 459A.005 to 459A.085 by local government units is a matter of statewide concern. In carrying out the provisions of ORS 459.005 to 459.105, 459.205 to 459.3…
Subject to the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385, a county or a city may acquire real or personal property by lease, purchase, exercise of the power of eminent domain or otherwise for the purpose of operating and maintaining disposal sites. With the consent of the city involved, a county may acquire property for a site within the …
With respect to areas outside of cities, a board of county commissioners may, by ordinance or by regulation or order adopted pursuant to an ordinance or regulation: Prescribe the quality and character of and rates for collection service, and the minimum requirements to guarantee maintenance of service. Divide the unincorporated area into service areas, gra…
No ordinance, order, regulation or contract affecting solid waste management shall be adopted by a local government unit if such ordinance, order, regulation or contract conflicts with rules adopted by the Environmental Quality Commission under ORS 459.045 or 459A.025 or with a solid waste management plan or program adopted by a metropolitan service district…
A local government unit may regulate the use of each disposal site owned or operated by the local government unit, governing the volume or type of solid wastes that will be received at the site and the particular class of person that may use the site.
A city or county may impose a civil penalty to enforce the requirements of an ordinance that prohibits any action or conduct described in ORS 164.775, 164.785 or 164.805. An ordinance described in subsection (1) of this section may establish a maximum or minimum amount for the civil penalty imposed under the ordinance for each violation. The total amount of…
Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469B.403: Supersedes any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste; or Authorizes the collection of solid waste within a city or county without permission of the city or county. Note: 459.109 was enacted into la…
REGIONAL ADMINISTRATION
Before any disposal site operator enters into a new contract to receive more than 75,000 tons per year of solid waste from outside the region, the person proposing to transport the solid waste to the disposal site shall conduct or have conducted a study of the alternative transportation routes and modes of transportation that may be used to transport the sol…
Upon completion of the study required under ORS 459.118, the appropriate legislative committee shall conduct a hearing on the proposed contract and transportation study to allow the public to discuss the adequacy of the study and the best transportation route and mode to be used to transport the solid waste under the proposed contract. [1991 c.765 §7] Note:…
Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, the board of county commissioners of Marion County may: Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use other methods of sale or disposal for the products or by-products of the disposal sites of …
Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, a public or private disposal, transfer or material or energy recovery site or facility shall not be established, modified or extended in Marion County without the prior approval of the board of county commissioners. The board may deny an application for the establis…
ORS 459.125 and 459.135 do not apply to, or grant to Marion County any authority over: Material kept separate from waste material for the purpose of recycling or reuse by persons who generate solid waste and which is handled separately from waste material. Material or energy recovery involving the collection, storage, processing or use of materials kept se…
It is not the intent of the Legislative Assembly that Marion County, under ORS 459.125 and 459.135, take any action that would hinder or discourage recycling activities in the county.
DISPOSAL SITES
Except as provided by ORS 459.215, a disposal site shall not be established, operated, maintained or substantially altered, expanded or improved, and a change shall not be made in the method or type of disposal at a disposal site, until the person owning or controlling the disposal site obtains a permit therefor from the Department of Environmental Quality a…
By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205. Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health…
If the Environmental Quality Commission finds that a disposal site cannot meet one or more of the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto, it may issue a variance from such requirement either for a limited or unlimited time or it may issue a permit containing a schedule of compliance sp…
Applications for permits shall be on forms prescribed by the Department of Environmental Quality. An application shall contain a description of the existing and proposed operation and the existing and proposed facilities at the site, with detailed plans and specifications for any facilities to be constructed. The application shall include a recommendation by…
In addition to the permit fees provided in ORS 459.235, upon prior approval by the Oregon Department of Administrative Services, there is imposed a fee on all: Disposal sites that receive domestic solid waste, building demolition or construction wastes, land clearing debris, waste tires or solid waste generated outside the state, for final disposal or destr…
As used in this section: “Property line” has the meaning given that term in ORS 92.010. “School” means: A public or private institution of learning providing instruction in kindergarten through grade 12, or any combination of those grade levels; and The surrounding buildings, other structures, playgrounds, athletic fields, parking lots and any other area…
If the disposal site meets the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and rules of the Environmental Quality Commission adopted pursuant thereto, the Department of Environmental Quality shall issue the permit. Every completed application shall be approved or disapproved within 60 days after its receipt by the department. Except as prov…
No person shall dispose of and no disposal site operator shall knowingly accept for disposal the following types of solid waste at a solid waste disposal site: Discarded or abandoned vehicles; Discarded large home or industrial appliances; Used oil; Tires; Lead-acid batteries; or Covered electronic devices. As used in this section: “Covered electroni…
In addition to any other authority granted by law, if the Department of Environmental Quality finds that ground water is contaminated with a hazardous substance originating at a land disposal site, the department may require cleanup of the hazardous substance pursuant to authority under ORS 465.200 to 465.485. As used in this section, “hazardous substance” h…
The Department of Environmental Quality shall require as a condition to issuing or renewing a disposal site permit under ORS 459.245 that a place for collecting source separated recyclable material located either at the disposal site or at another location more convenient to the population served by the disposal site is provided for every person whose solid …
A permit may be suspended or revoked at any time if the Department of Environmental Quality determines that the disposal site or the solid waste management facilities located on the disposal site are being operated in violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or rules of the Environmental Quality Commission adopted pursuant thereto. The pro…
The Environmental Quality Commission may on its own motion or upon the request of the Department of Environmental Quality, and shall upon application of any person entitled to appeal, fix a time and place for a public hearing on any action of the department or commission ordering, or approving action resulting in, the closure or curtailment of use of a disp…
When solid waste is no longer received at a land disposal site, the person who holds or last held the permit issued under ORS 459.205 or, if the person who holds or last held the permit fails to comply with this section, the person owning or controlling the property on which the disposal site is located, shall close and maintain the site according to the req…
At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew the permit. A permit renewed under this subsection shall be issued for the period including the remaining time of operation of the disposal site, closure of the site and all or part of the post-closure period established …
Unless exempted under rules adopted by the Environmental Quality Commission under ORS 459.045, an owner or operator of a land disposal site shall maintain cost estimates of the amount of financial assurance that is necessary and demonstrate evidence of financial assurance for: The costs of closure of the land disposal site and for post-closure maintenance o…
An applicant required to provide financial assurance under ORS 459.272 shall establish provisions satisfactory to the Department of Environmental Quality for disposing of any excess moneys received or interest earned on moneys received for financial assurance. To the extent practicable, the applicant’s provisions for disposing of the excess moneys received o…
As used in ORS 459.284 and 459.290, “disposal site” has the meaning given that term in ORS 459.005, but does not include: A material recovery, recycling or reuse facility; or A regional disposal site as defined in ORS 459.005.
Each local government unit that has a disposal site operating under the provisions of ORS 459.005 to 459.437 and 459.710 and for which the local government unit collects a fee may apportion an amount of the service or user charges collected for solid waste disposal at each publicly owned, franchised or privately owned solid waste disposal site within or for …
Each local government unit that apportions money under ORS 459.284 shall establish a citizens advisory committee to select plans, programs and projects for the rehabilitation and enhancement of the area around disposal sites for which the local government unit has apportioned moneys under ORS 459.284. If any local government unit establishes a citizens advis…
Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection (4) of this section, a disposal site may not accept solid waste generated outside the county in which the disposal site is located unless the Department of Environmental Quality certifies or, for waste that originates outside Oregon in an amount exceeding 7…
Each board of county commissioners of a county in which a regional disposal site is operating under provisions of ORS 459.005 to 459.437 may impose a surcharge on the solid waste received at the regional disposal site. The county may negotiate with the owner or operator of the regional disposal site to establish the amount of the surcharge imposed under this…
A local government unit responsible for conducting a remedial action or removal or related activities under ORS 465.260 at a solid waste disposal site, or a local government unit that contributed solid waste to a solid waste disposal site for which the local government is liable under ORS 465.255 or other applicable law, shall impose a charge to be added to …
As used in ORS 459.315 to 459.330: “Committee” means a local citizens advisory committee established under ORS 459.320. “Permittee” means a person operating a regional disposal site under a permit issued under ORS 459.245.
Except as provided in subsection (3) or (4) of this section, the board of county commissioners of a county in which a regional disposal site is proposed to be located shall establish a local citizens advisory committee when the Department of Environmental Quality receives an application for a regional disposal site within the county. The board shall select m…
The duties of the local citizens advisory committee established under ORS 459.320 shall include but need not be limited to: Reviewing with the permittee, the regional disposal site including but not limited to siting, operation, closure and long-term monitoring of the regional disposal site; and Providing a forum for citizen comments, questions and concern…
The permittee shall notify the local citizens advisory committee established under ORS 459.320 when the permittee proposes to apply for a change to any state or local permit.
Notwithstanding any other provision of ORS 268.330, the metropolitan service district shall use moneys collected by the district as service or user fees for solid waste disposal for: Activities of the metropolitan service district related to solid waste, including activities of regional concern that are directly related to reducing the environmental impact …
The metropolitan service district shall implement the provisions of the solid waste reduction program as adopted by the metropolitan service district. Before the metropolitan service district council amends the district’s solid waste reduction program, the district shall submit the proposed amendment to the Department of Environmental Quality for review and…
In conjunction with and on the same schedule as the report required under ORS 459A.050 (1)(a), the metropolitan service district shall report to the Environmental Quality Commission on the implementation of its solid waste reduction program as approved or as amended in accordance with ORS 459.340. The report submitted by the metropolitan service district un…
The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 to determine: Whether the district’s activities related to solid waste disposal comply with the district’s solid waste reduction program and any goals established by the district in previous reports submitted under ORS 459.345; and …
LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS Note: Sections 12 to 16 and 18, chapter 653, Oregon Laws 1991, provide: Sec. 12. (1) The Legislative Assembly finds and declares: It is the policy of this state to minimize the release to the environment of radioactive material resulting from human activities; The United States Congress, the United …
The Environmental Quality Commission may take whatever action is appropriate for the enforcement of its rules or orders. The commission may institute proceedings to enforce compliance with or restrain violations of ORS chapters 459 and 459A, or any rule, standard, permit or order adopted, entered or issued pursuant to ORS chapters 459 and 459A.
Personnel of the Department of Environmental Quality or a local health department, authorized environmental health specialists or other authorized personnel of a city or county may enter upon the premises of any person regulated under ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 or under regulations adopted pursuant to ORS 450.0…
As used in ORS 459.386 to 459.405: “Biological waste” includes blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soiled with urine or feces. “Cultures and stocks” …
The Legislative Assembly finds and declares that: The collection, transportation, storage, treatment and disposal of infectious waste in a manner that protects the health, safety and welfare of the workers who handle the waste and of the public is a matter of statewide concern. The public health, safety and welfare is best protected by an infectious waste …
No person who generates infectious waste shall discard or store such waste except as provided in ORS 459.390. No person shall transport infectious waste other than infectious waste that is an incidental part of other solid waste except as provided in ORS 459.390 (6) and 825.256.
Except as provided in paragraph (b) of this subsection, infectious waste shall be segregated from other wastes by separate containment at the point of generation. A person may consolidate sharps and waste pharmaceuticals into a single container, which may be reusable, provided that: The container satisfies the requirements of subsection (3) of this section…
Pathological wastes shall be treated by incineration in an incinerator that provides complete combustion of waste to carbonized or mineralized ash. The ash shall be disposed of as provided in rules adopted by the Environmental Quality Commission. However, if the Department of Environmental Quality determines that incineration is not reasonably available with…
The Environmental Quality Commission may adopt rules for storage and handling of infectious waste at a solid waste disposal site.
The requirements of ORS 459.386 to 459.405 do not apply to: Waste, other than sharps, that is: Generated in the practice of veterinary medicine; and Not capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. The following, released by a health care facility as defin…
Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall: Provide written certification to a person who discards more than 50 pounds per month of infectious waste that such waste will be disposed of in compliance with the provisions of ORS 459.386 to 459.405; and Maintain records…
HOUSEHOLD AND SMALL QUANTITY GENERATOR HAZARDOUS WASTE
The Legislative Assembly finds: Individuals have limited opportunities to properly manage household hazardous waste; Businesses that are conditionally exempt small quantity generators of hazardous waste do not have feasible options for the management of hazardous waste; and The disposal of household hazardous waste and hazardous waste generated by conditi…
As used in ORS 459.411 to 459.417, “conditionally exempt small quantity generator” means a person who generates a hazardous waste but is conditionally exempt from certain regulations because the waste is generated in quantities below the threshold adopted by the Environmental Quality Commission pursuant to ORS 466.020.
The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be: Developed at geographically diverse locations throughout the district; and Located and operationally designed to conveniently receive household hazardous waste from the general public on an ongoing basis. In conjunction with establ…
Before any local government operates a permanent collection depot or periodic collection events for household hazardous waste or hazardous waste generated by conditionally exempt small quantity generators, the local government shall receive written approval from the Department of Environmental Quality. In requesting written approval from the department, a l…
The Department of Environmental Quality shall implement a statewide household hazardous waste public education program. The program shall include but need not be limited to providing information about: Alternatives to disposal of household hazardous waste at solid waste disposal sites; Methods of reusing or recycling household hazardous waste; and Alterna…
The Department of Environmental Quality may contract with a hazardous waste collection service to provide for the statewide collection of household hazardous waste. As used in this section, “hazardous waste collection service” means a service that collects hazardous waste from conditionally exempt small quantity generators and from households.
BATTERIES
No person may place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery in this state except by delivery to a lead-acid battery retailer or wholesaler, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States …
A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the State of Oregon shall accept used lead-acid batteries of the same type purchased from a customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by the customer. Any person selling new lead-acid bat…
Any person selling new lead-acid batteries shall post in each area where lead-acid batteries are sold a clearly visible and legible sign stating that: Lead-acid batteries cannot be disposed of in household solid waste or mixed municipal waste, but must be recycled; and The dealer will accept used lead-acid batteries of the same type sold by the dealer. If…
As used in ORS 459.431 to 459.437: “Alkaline manganese battery” means a battery consisting of manganese dioxide positive electrode material, zinc negative electrode material, and an alkaline electrolyte. “Battery” means one or more cells, each consisting of a positive electrode, a negative electrode, and an electrolyte. “Battery pack” means one or more ba…
The Legislative Assembly finds and declares that: Batteries have come to play an important role in the advancement of social, medical and economic concerns. It is important to advance environmental interests without unnecessary interference with, or complications of, local, interstate and international commerce to the detriment of our state’s economy. It …
Except as otherwise provided in subsections (2) and (3) of this section, no person shall sell, offer for sale or offer for promotional purposes: Any alkaline manganese battery manufactured on or after January 1, 1996, containing intentionally introduced mercury. Any zinc carbon battery manufactured on or after January 1, 1996, containing intentionally intr…
A person may not sell, offer for sale or offer for promotional purposes any button cell mercuric oxide battery for use in Oregon.
A person may not sell, offer for sale or offer for promotional purposes a mercuric oxide battery for use in Oregon unless the battery manufacturer: Identifies a collection site that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal; Informs each person who purchases the manufac…
FOODWARE CONTAINERS AND POLYSTYRENE FOAM
As used in ORS 459.465 to 459.474: “Food vendor” means a business, organization or other person that sells prepared food or offers prepared food for sale to the public, including, but not limited to, a store, shop or other sales outlet, a restaurant, a delicatessen or a cart, truck or other vehicle from which the business, organization or other person sells…
A food vendor may not use a polystyrene foam container in selling, offering for sale, serving or dispensing prepared food to a consumer. Note: See note under 459.465.
A person may not sell, offer for sale or distribute in or into this state polystyrene foam containers or polystyrene foam packaging peanuts. Note: See note under 459.465.
A person may not sell, offer for sale, or distribute in or into this state a foodware container containing intentionally added perfluoroalkyl or polyfluoroalkyl substances. Note: See note under 459.465.
The Environmental Quality Commission may adopt rules necessary to implement ORS 459.465 to 459.474. Note: See note under 459.465. FLUORESCENT LAMPS
As used in this section and ORS 459.488, “compact fluorescent lamp” and “linear fluorescent lamp” have the meanings given those terms in the California Health and Safety Code, Division 104, Part 3, chapter 16, section 109020, as in effect on September 24, 2023. On or after January 1, 2024, a person may not sell, offer to sell or distribute in or into this s…
ORS 459.485 does not apply to: A lamp used for image capture and projection, including photocopying, printing, directly or in preprocessing, lithography, film and video projection and holography. A lamp that has a high proportion of ultraviolet light emission and is one of the following: A lamp with high ultraviolet content that has ultraviolet power grea…
The Environmental Quality Commission may adopt rules necessary to enforce ORS 459.485 and 459.488. Note: See note under 459.485.
WASTE TIRE DISPOSAL
As used in ORS 459.705 to 459.790: “Danger” or “nuisance” includes but is not limited to the unpermitted storage of waste tires or the storage of waste tires in a manner that does not comply with a condition of a permittee’s waste tire storage permit. “Director” means the Director of the Department of Environmental Quality. “Dispose” means to deposit, dum…
Any person who generates waste tires shall either: Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790; or Transport the waste tires generated by the person to a waste tire storage site operating under a permit issued by the department, to a solid w…
Except as provided in subsection (2) of this section, no person shall dispose of waste tires in a disposal site, as defined in ORS 459.005. A person may dispose of waste tires in a disposal site permitted by the Department of Environmental Quality if the waste tires are chipped in accordance with standards established by the Environmental Quality Commission…
No person shall collect or transport waste tires for the purpose of storage, processing or disposal or purport to be in the business of collecting or transporting waste tires unless the person has a waste tire carrier permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790. As a condition to holding a permit issued under subsec…
No person shall store more than 100 waste tires anywhere in this state except at a waste tire storage site operated under a permit issued under ORS 459.745. Subsection (1) of this section shall not apply to: A solid waste disposal site permitted by the Department of Environmental Quality if the permit has been modified by the department to authorize the st…
Each waste tire storage site permittee shall be required to do the following as a condition to holding the permit: Report periodically to the Department of Environmental Quality on numbers of waste tires received and the manner of disposition. Maintain current contingency plans to minimize damage from fire or other accidental or intentional event. Maintai…
The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a waste tire storage site or to be a waste tire carrier. In addition to information requested on the application form, the department also shall require the submission of such information relating to the construction, development or establishment of a p…
Permit applications submitted to the Department of Environmental Quality for operating a waste tire storage site shall contain the following: The management program for the operation of the site, including the person to be responsible for the operation of the site, the proposed method of disposal and the proposed emergency measures to be provided at the sit…
Following the submittal of a waste tire storage site permit application, the Director of the Department of Environmental Quality shall cause notice to be given in the county where the proposed site is located in a manner reasonably calculated to notify interested persons of the permit application. The notice shall contain information regarding the location …
The Department of Environmental Quality may conduct a public hearing in the county where a proposed waste tire storage site is located and may conduct hearings at other places as the department considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the applica…
Based upon the review by the Department of Environmental Quality of the waste tire storage site or waste tire carrier permit application, and any public comments received by the department, the Director of the Department of Environmental Quality shall issue or deny the permit. The director’s decision shall be subject to appeal to the Environmental Quality Co…
A fee may be required from every person for whom a permit is issued under ORS 459.745. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate, less any federal funds budgeted therefor by legislative action, to carry on the monitoring, inspection and surveillance program established under ORS 459.760 and to cover relat…
The Director of the Department of Environmental Quality may revoke any permit issued under ORS 459.745 upon a finding that the permittee has violated any provision of ORS 459.705 to 459.790 or rules adopted pursuant thereto or any material condition of the permit, subject to appeal to the Environmental Quality Commission and judicial review under ORS chapter…
The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all waste tire storage sites and all waste tire carriers or may contract with any qualified public or private agency to do so. After reasonable notice, waste tire carriers and owners and operators of storage sites must allow the departme…
Fees received by the Department of Environmental Quality pursuant to ORS 459.730 and 459.750 shall be deposited in the State Treasury and credited to the department and are continuously appropriated to carry out the permitting program under ORS 459.705 to 459.790.
Notwithstanding any other provision of ORS 459.015, for purposes of encouraging the use of waste tires under ORS 459.705 to 459.790, the use of processed, source-separated waste tires having a positive market value as a new product to recover energy shall be considered recycling under ORS 459.015 (2)(c)(C). Note: 459.772 was added to and made a part of 459.…
The Waste Tire Recycling Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department of Revenue under ORS 459.504 to 459.619 (1989 Edition) shall be deposited to the credit of the account. Any moneys remaining in the Waste Tire Recycling Account on July 1, 1992, and any interest earned on …
The Department of Environmental Quality, as a condition of a waste tire storage site permit issued under ORS 459.745, may require the permittee to remove or process the waste tires according to a plan approved by the department. The department may use moneys from the Waste Tire Recycling Account to assist a permittee in removing or processing the waste tire…
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 459.705 to 459.790. The commission may adopt rules that limit, restrict or prohibit the storage of waste tire chips not chipped and disposed of in accordance with standards adopted by the commis…
Except for the purposes of waste tire removal under ORS 459.780 (2) and (4) to (8), the provisions of ORS 459.705 to 459.785 do not apply to: Tires from: Any device moved exclusively by human power. Any device used exclusively upon stationary rails or tracks. A motorcycle. An all-terrain vehicle. Any device used exclusively for farming purposes, except…
MISCELLANEOUS
The Legislative Assembly finds that mercury is a potent neurotoxin that can cause long-lasting health problems. In order to reduce the amount of mercury entering the environment from the solid waste stream: A manufacturer of thermostats that contain mercury: Shall make available a program for the collection of such thermostats to be managed as a universal …
PENALTIES
The following are Class A misdemeanors: Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to 459.385. Violation of ORS 459.205. Violation of ORS 459.270. Violation of ORS 459A.080. Violation of ORS 459.272. Each day a violation referred to by subsection (1) of this section continues constitutes a separate offense. The se…
Notwithstanding ORS 153.018 (3), a violation of ORS 459A.757 by a restaurant or retail establishment, as those terms are defined in ORS 459A.755, is a Class D violation subject to a maximum fine of $250. Each day that the restaurant or retail establishment commits a violation constitutes a separate offense. Note: 459.993 was enacted into law by the Legisla…
Except as provided in subsection (2) of this section, in addition to any other penalty provided by law: Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705 to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975 or 646A.080, or any rule or order of the Environmental Quality Commission pertaining t…
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