(1) Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental Quality that the person meets the definition of a toxics user, complete a toxics use reduction and hazardous waste reduction plan. At a minimum, a plan shall include:
(a) A written policy articulating organizational support for the toxics use reduction and hazardous waste reduction plan and a commitment by the organization to implement plan goals.
(b) A description of its scope and objectives, including the evaluation of technologies, procedures and personnel training programs to ensure unnecessary toxic substances are not used and unnecessary waste is not generated.
(c) Internal analysis and periodic assessment of individual processes for toxics use and hazardous waste generation.
(d) Identification of opportunities to reduce or eliminate toxics use and hazardous waste generation.
(e) Employee awareness and training programs that involve employees in toxics use reduction and hazardous waste reduction planning and implementation.
(f) Institutionalization of the plan by incorporating the plan into management practices and procedures.
(2) A person is not required to complete a plan if the person has implemented an environmental management system, as defined in ORS 468.172.
(3) A toxics user shall incorporate into the plan and associated decision-making process, the costs of using toxic substances and generating hazardous waste. The costs may represent, among other things, the costs of management, liability insurance, regulatory compliance and oversight.
(4) As part of each plan, a toxics user shall evaluate technically and economically practicable toxics use reduction and hazardous waste reduction opportunities for:
(a) Any toxic substance for which the toxics user reports as a large user; and
(b) Any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.
(5) A toxics user shall explain the rationale for each toxics use reduction and waste reduction opportunity specified in the plan, including any impediments, such as technical or economic barriers, to toxics use reduction and hazardous waste reduction.
(6) A toxics use reduction and hazardous waste reduction plan developed under this section or the documentation for an environmental management system shall be retained at the facility. To the extent that a plan or system may be considered a public record under ORS 192.410, the information contained in the plan or system is confidential and is exempt from public disclosure pursuant to ORS 192.502.
(7) It is the policy of this state that plans developed under this section be kept current and that the plans reflect changes in toxics use over time. In furtherance of this policy, a toxics user may update its plan or modify its environmental management system to reflect any changes. [1989 c.833 §7; 1997 c.384 §1; 2005 c.206 §6]
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