Oregon Statutes - Chapter 459 - Solid Waste Management

459.005 Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665.
As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665: (1) �Affected person� means a person or entity involved in the...
459.010 [1967 c.428 §2; 1969 c.593 §42; repealed by 1971 c.648 §33]
459.015 Policy.
(1) The Legislative Assembly finds and declares that: (a) The planning, development and operation of recycling programs is a matter of statewide concern. (b) The...
459.017 Relationship of state to local governments in solid waste management.
(1) The Legislative Assembly finds and declares that: (a) The planning, location, acquisition, development and operation of landfills is a matter of statewide concern. (b)...
459.020 [1967 c.248 §1; repealed by 1971 c.648 §33]
459.025 General powers and duties of department.
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (1) Shall promote and coordinate research, studies and demonstration projects on...
459.030 [1967 c.428 §3; 1969 c.593 §43; repealed by 1971 c.648 §33]
459.035 Assistance in development and implementation of solid waste management plans and practices and recycling programs.
Consistent with ORS 459.015 (2)(c), the Department of Environmental Quality shall provide to state agencies, local government units and persons providing collection service, advisory technical...
459.040 [1967 c.428 §4; 1969 c.593 §44; repealed by 1971 c.648 §33]
459.045 Rules.
(1) The Environmental Quality Commission shall adopt reasonable and necessary solid waste management rules governing the: (a) Accumulation, storage, collection, transportation and disposal of solid...
459.046 Solid waste regulatory program; federal approval.
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...
459.047 Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance.
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...
459.049 Mandated landfills in certain counties; establishment by state.
(1) Upon its own motion or upon the recommendation of the Department of Environmental Quality, the Environmental Quality Commission may determine that a landfill within...
459.050 [1967 c.428 §5; 1969 c.593 §45; repealed by 1971 c.648 §33]
459.051 Procedural rules.
In accordance with the requirements of ORS chapter 183 and after public hearing, the Environmental Quality Commission shall adopt rules: (1) To establish a procedure...
459.053 Powers of department regarding landfills.
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...
459.055 Landfills in farm use areas; waste reduction programs.
(1) Before issuing a permit for a landfill established after October 3, 1979, in any area zoned for exclusive farm use, the Department of Environmental...
459.057 Department to limit wastes allowed in landfills in certain counties.
(1) 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...
459.060 [1967 c.428 §6; 1969 c.593 §46; repealed by 1971 c.648 §33]
459.065 State preemption; intergovernmental agreements authorized.
(1) The Legislative Assembly finds that solid waste disposal is a matter of statewide concern. The Legislative Assembly finds that carrying out the provisions of...
459.070 [1967 c.428 §7; 1969 c.593 §47; repealed by 1971 c.648 §33]
459.075 Acquisition of property for disposal sites by cities and counties.
Subject to the requirements of ORS 459.005 to 459.105, 459.205 to 459.385, a county or a city may acquire real or personal property by lease,...
459.080 [1967 c.428 §8; repealed by 1971 c.648 §33]
459.085 County authority outside cities; effect of annexation; interagency agreements.
(1) With respect to areas outside of cities, a board of county commissioners may, by ordinance or by regulation or order adopted pursuant to an...
459.095 Restrictions on authority of local government units.
(1) No ordinance, order, regulation or contract affecting solid waste management shall be adopted by a local government unit if such ordinance, order, regulation or...
459.105 Regulations on use of disposal sites.
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...
459.108 Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805.
(1) A city or county may impose a civil penalty to enforce the requirements of an ordinance that prohibits any action or conduct described in...
459.109 Effect of certain laws on cities and counties.
Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469.790: (1) Supersedes any authority under ORS chapter 459 or 459A for cities and...
459.110 [1969 c.509 §1; repealed by 1971 c.648 §33]
459.111 [1991 c.653 §11; repealed by 1993 c.560 §107]
459.112 Findings; fee for disposal of solid waste generated outside region.
(1) The Legislative Assembly finds: (a) Solid waste management is a regional concern; (b) Management of solid waste among the states of Idaho, Oregon and...
459.114 Out-of-region fee differential.
When allowed by federal law, the Legislative Assembly may assess an out-of-region fee differential that is consistent with the policy set forth in ORS 459.112....
459.116 [1991 c.765 §5; 1993 c.560 §18; repealed by 1997 c.807 §2]
459.118 Study of transportation routes and modes of transportation for transport of out-of-region solid waste.
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,...
459.120 [1969 c.509 §2; 1971 c.648 §29; repealed by 1981 c.81 §3]
459.121 Legislative committee hearing on transportation study.
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...
459.125 Authority of Marion County over products or by-products of county disposal sites.
(1) 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...
459.130 [1969 c.509 §3; 1971 c.330 §1; 1971 c.648 §30; 1979 c.190 §421; repealed by 1981 c.81 §3]
459.135 Marion County authority over private facility in county.
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...
459.140 [1969 c.509 §4; 1975 c.239 §5; repealed by 1981 c.81 §3]
459.145 Limits on Marion County authority.
ORS 459.125 and 459.135 do not apply to, or grant to Marion County any authority over: (1) Material kept separate from waste material for the...
459.150 [1969 c.509 §5; 1975 c.239 §6; repealed by 1981 c.81 §3]
459.153 Intent not to discourage recycling.
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...
459.155 [1975 c.239 §8; 1979 c.772 §23; repealed by 1981 c.81 §3]
459.160 [1969 c.509 §7; repealed by 1971 c.648 §33]
459.165 [1983 c.729 §2; 1991 c.385 §9; renumbered 459A.005 in 1991]
459.168 [1983 c.729 §9; renumbered 459A.015 in 1991]
459.170 [1983 c.729 §3; renumbered 459A.025 in 1991]
459.175 [1983 c.729 §5; 1991 c.385 §10; renumbered 459A.045 in 1991]
459.180 [1983 c.729 §6; 1991 c.385 §11; renumbered 459A.050 in 1991]
459.185 [1983 c.729 §7; 1991 c.385 §12; renumbered 459A.055 in 1991]
459.188 [1983 c.729 §8; renumbered 459A.065 in 1991]
459.190 [1983 c.729 §11; 1991 c.385 §3; renumbered 459A.070 in 1991]
459.192 [1983 c.729 §12; renumbered 459A.075 in 1991]
459.195 [1983 c.729 §13; renumbered 459A.080 in 1991]
459.200 [1983 c.729 §10; renumbered 459A.085 in 1991]
459.205 Permit required.
(1) 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...
459.209 [1993 c.526 §4; renumbered 459.046 in 1995]
459.210 [1969 c.90 §2; repealed by 1971 c.648 §33]
459.215 Exclusion of certain sites from permit requirement; rules.
(1) By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit...
459.220 [1969 c.90 §1; repealed by 1971 c.648 §33]
459.225 Variances authorized.
(1) 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...
459.230 [1969 c.90 §3; repealed by 1971 c.648 §33]
459.235 Applications for permits; fees.
(1) Applications for permits shall be on forms prescribed by the Department of Environmental Quality. An application shall contain a description of the existing and...
459.236 Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments.
(1) In addition to the permit fees provided in ORS 459.235, upon prior approval by the Oregon Department of Administrative Services and a report to...
459.240 [1969 c.90 §4; repealed by 1971 c.648 §33]
459.245 Issuance of permits; terms; refusal to renew; disposal of liquid waste.
(1) 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...
459.247 Prohibition on disposal of certain solid waste at disposal site.
(1) No person shall dispose of and no disposal site operator shall knowingly accept for disposal the following types of solid waste at a solid...
459.248 Cleanup of hazardous substance contaminating ground water.
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...
459.250 Place for collecting source separated recyclable material required for disposal site permit.
(1) 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...
459.255 Suspension or revocation of permits.
(1) A permit may be suspended or revoked at any time if the Department of Environmental Quality determines that the disposal site or the solid...
459.265 Hearings; appeal.
(1) The Environmental Quality Commission may on its own motion or upon the request of the Department of Environmental Quality, and shall upon application of...
459.268 Closure of land disposal site.
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...
459.270 Renewal of permit prior to proposed closure of disposal site.
(1) At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew...
459.272 Evidence of financial assurance for land disposal site.
(1) 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...
459.273 Disposition of excess moneys and interest received for financial assurance.
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...
459.275 [1971 c.648 §13; repealed by 1973 c.826 §3 (459.276 enacted in lieu of 459.275); 1973 c.835 §145; see 459.277]
459.276 [1973 c.826 §4 (enacted in lieu of 459.275); renumbered 459.376 in 1987]
459.277 [Formerly 459.275; repealed by 1974 c.36 §28]
459.280 Definitions for ORS 459.284 and 459.290.
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: (1) A material...
459.284 Use of disposal site fees.
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...
459.285 [1971 c.648 §19; 1973 c.835 §146; 1981 c.81 §1; 1981 c.709 §3; renumbered 459.385 in 1987]
459.290 Disposal site rehabilitation and enhancement advisory committee.
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...
459.292 [1989 c.833 §150; renumbered 459A.100 in 1991]
459.293 [1989 c.833 §151; renumbered 459A.105 in 1991]
459.294 [1989 c.833 §152; 1991 c.385 §13; 1991 c.385 §91; renumbered 459A.110 in 1991]
459.295 [1989 c.833 §153; renumbered 459A.120 in 1991]
459.297 [1989 c.833 §155; 1993 c.560 §36; repealed by 1995 c.576 §6]
459.298 [1989 c.833 §156; 1995 c.79 §273; repealed by 1995 c.576 §6]
459.300 [1987 c.876 §5; repealed by 1993 c.560 §107]
459.305 Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee.
(1) Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection (4) of this section, a disposal site may not accept...
459.310 Surcharge on solid waste disposal; surcharge use.
(1) 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...
459.311 Charge for remedial action or removal; amount; collection; allocation.
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...
459.315 Definitions for ORS 459.315 to 459.330.
As used in ORS 459.315 to 459.330: (1) �Committee� means a local citizens advisory committee established under ORS 459.320. (2) �Permittee� means a person operating...
459.320 Regional disposal site advisory committee; membership; terms.
(1) Except as provided in subsection (3) or (4) of this section, the board of county commissioners of a county in which a regional disposal...
459.325 Duties of regional disposal site advisory committee.
The duties of the local citizens advisory committee established under ORS 459.320 shall include but need not be limited to: (1) Reviewing with the permittee,...
459.330 Notification of advisory committee by regional disposal site permittee.
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...
459.335 Use of fees collected by the metropolitan service district.
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...
459.340 Implementation of the solid waste reduction program by metropolitan service district.
(1) The metropolitan service district shall implement the provisions of the solid waste reduction program as adopted by the metropolitan service district. (2) Before the...
459.345 Metropolitan service district report to commission.
(1) 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...
459.350 Commission review of metropolitan service district report.
The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 to determine: (1) Whether the district�s activities related...
459.355 [1987 c.876 §16; 1993 c.560 §43; repealed by 1997 c.552 §40]
459.376 Action to enforce rules or orders.
(1) The Environmental Quality Commission may take whatever action is appropriate for the enforcement of its rules or orders. (2) The commission may institute proceedings...
459.385 Entry upon private premises authorized; access to records.
The Department of Environmental Quality or county, district or city board of health personnel, authorized environmental health specialists or other authorized city or county personnel...
459.386 Definitions for ORS 459.386 to 459.405.
As used in ORS 459.386 to 459.405: (1) �Biological waste� includes blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot...
459.387 Policy.
The Legislative Assembly finds and declares that: (1) The collection, transportation, storage, treatment and disposal of infectious waste in a manner that protects the health,...
459.388 Restrictions on discarding, storing or transporting infectious waste.
(1) No person who generates infectious waste shall discard or store such waste except as provided in ORS 459.390. (2) No person shall transport infectious...
459.390 Procedures for segregation and containment of infectious waste; exemption.
(1) Infectious waste shall be segregated from other wastes by separate containment at the point of generation. Enclosures used for storage of infectious waste shall...
459.395 Treatment of infectious wastes; rules.
(1) Pathological wastes shall be treated by incineration in an incinerator that provides complete combustion of waste to carbonized or mineralized ash. The ash shall...
459.398 Rules.
The Environmental Quality Commission may adopt rules for storage and handling of infectious waste at a solid waste disposal site. [1989 c.763 §7]
459.400 Exceptions.
The requirements of ORS 459.386 to 459.405 shall not apply to waste, other than sharps as defined in ORS 459.386, that is: (1) Generated in...
459.405 Transport of infectious waste; certification; records.
Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall: (1) Provide written certification...
459.410
[1971 c.699 §1; 1973 c.778 §1; 1977 c.867 §1; 1979 c.132 §1; 1981 c.709 §4; 1983 c.703 §9; 1985 c.670 §1; renumbered 466.005] HOUSEHOLD AND...
459.411 Policy.
(1) The Legislative Assembly finds: (a) Individuals have limited opportunities to properly manage household hazardous waste; (b) Businesses that are conditionally exempt small quantity generators...
459.412 Definition for ORS 459.411 to 459.417.
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...
459.413 Household hazardous waste depots; location; promotion program.
(1) The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be: (a) Developed at geographically diverse locations throughout...
459.415 Department approval for collection activity required; written proposal.
(1) Before any local government operates a permanent collection depot or periodic collection events for household hazardous waste or hazardous waste generated by conditionally exempt...
459.417 Statewide household hazardous waste public education program.
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...
459.418 Contract for statewide collection of household hazardous waste.
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...
459.419 [1991 c.385 §38; 1993 c.560 §54; renumbered 459A.695 in 1993]
459.420 Permitted lead-acid battery disposal; disposal by retailers.
(1) 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...
459.422 Acceptance of used batteries by retailers and wholesalers.
(1) 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...
459.426 Notice to customers.
(1) 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:...
459.430 [1971 c.699 §3; 1973 c.778 §2; 1973 c.835 §147; 1977 c.867 §2; 1979 c.132 §2; 1981 c.709 §5; renumbered 466.015]
459.431 Definitions for ORS 459.431 to 459.437.
As used in ORS 459.431 to 459.437: (1) �Alkaline manganese battery� means a battery consisting of manganese dioxide positive electrode material, zinc negative electrode material,...
459.432 Policy.
(1) The Legislative Assembly finds and declares that: (a) Batteries have come to play an important role in the advancement of social, medical and economic...
459.433 Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.
(1) Except as otherwise provided in subsections (2) and (3) of this section, no person shall sell, offer for sale or offer for promotional purposes:...
459.434 [1991 c.653 §3; repealed by 1995 c.597 §6]
459.435 Prohibition on sale or promotion of button cell mercuric oxide batteries.
A person may not sell, offer for sale or offer for promotional purposes any button cell mercuric oxide battery for use in Oregon. [1995 c.597...
459.436 [1991 c.653 §4; 1995 c.597 §5; repealed by 1997 c.552 §40]
459.437 Requirements for sale or promotion of mercuric oxide batteries.
(1) A person may not sell, offer for sale or offer for promotional purposes a mercuric oxide battery for use in Oregon unless the battery...
459.438 [1991 c.653 §5; repealed by 1995 c.597 §6]
459.439 [1991 c.653 §6; repealed by 1993 c.560 §107]
459.440 [1971 c.699 §3a; 1973 c.835 §148; 1977 c.867 §3; 1981 c.709 §5a; renumbered 466.020]
459.442 [1981 c.709 §20; renumbered 466.070]
459.445 [1977 c.867 §6; 1981 c.709 §6; 1983 c.703 §10; 1985 c.565 §75; 1985 c.670 §37; renumbered 466.075]
459.450 [1971 c.699 §16a; 1973 c.835 §150; 1977 c.867 §4; renumbered 466.080]
459.455 [1983 c.703 §2; 1985 c.735 §2; renumbered 466.085]
459.460 [1971 c.699 §21; 1973 c.835 §149; 1981 c.709 §7; renumbered 466.090]
459.504 [1987 c.706 §20; repealed by 1991 c.882 §17]
459.505 [1977 c.867 §12; 1979 c.132 §10; 1981 c.709 §8; 1985 c.670 §38; renumbered 466.095]
459.509 [1987 c.706 §21; 1991 c.882 §5; repealed by 1991 c.882 §17]
459.510 [1971 c.699 §2; 1973 c.778 §3; 1973 c.835 §151; 1977 c.867 §7; 1981 c.709 §9; renumbered 466.100]
459.514 [1987 c.706 §22; repealed by 1991 c.882 §17]
459.517 [1977 c.867 §13; 1979 c.132 §11; 1981 c.709 §10; 1983 c.703 §11; renumbered 466.105]
459.519 [1987 c.706 §23; repealed by 1991 c.882 §17]
459.520 [1971 c.699 §2a; 1973 c.835 §152; repealed by 1977 c.867 §8]
459.524 [1987 c.706 §24; repealed by 1991 c.882 §17]
459.529 [1987 c.706 §25; repealed by 1991 c.882 §17]
459.530 [1971 c.699 §4; 1977 c.867 §9; repealed by 1985 c.670 §49]
459.534 [1987 c.706 §26; repealed by 1991 c.882 §17]
459.535 [1977 c.867 §14; 1979 c.132 §12; renumbered 466.110]
459.539 [1987 c.706 §27; repealed by 1991 c.882 §17]
459.540 [1971 c.699 §5; 1979 c.132 §3; renumbered 466.115]
459.544 [1987 c.706 §28; repealed by 1991 c.882 §17]
459.545 [1977 c.867 §15; 1979 c.132 §13; renumbered 466.120]
459.549 [1987 c.706 §29; 1993 c.560 §58; repealed by 1991 c.882 §17]
459.550 [1971 c.699 §6; 1979 c.132 §4; renumbered 466.125]
459.554 [1987 c.706 §30; repealed by 1991 c.882 §17]
459.559 [1987 c.706 §31; repealed by 1991 c.882 §17]
459.560 [1971 c.699 §7; 1979 c.132 §5; renumbered 466.130]
459.564 [1987 c.706 §32; repealed by 1991 c.882 §17]
459.569 [1987 c.706 §33; repealed by 1991 c.882 §17]
459.570 [1971 c.699 §8; 1973 c.835 §152a; 1979 c.132 §6; renumbered 466.135]
459.574 [1987 c.706 §34; repealed by 1991 c.882 §17]
459.579 [1987 c.706 §35; repealed by 1991 c.882 §17]
459.580 [1971 c.699 §9; 1979 c.132 §7; renumbered 466.140]
459.584 [1987 c.706 §36; repealed by 1991 c.882 §17]
459.585 [1979 c.132 §15; renumbered 466.145]
459.589 [1987 c.706 §37; repealed by 1991 c.882 §17]
459.590 [1971 c.699 §10; 1973 c.778 §4; 1973 c.835 §153; 1977 c.867 §10; 1979 c.132 §8; 1981 c.709 §11; 1983 c.703 §12; 1985 c.670 §39; renumbered 466.150]
459.594 [1987 c.706 §38; repealed by 1991 c.882 §17]
459.595 [1973 c.778 §7; 1977 c.867 §11; renumbered 466.155]
459.599 [1987 c.706 §39; repealed by 1991 c.882 §17]
459.600 [1971 c.699 §11; 1979 c.132 §9; 1981 c.709 §12; renumbered 466.160]
459.604 [1987 c.706 §40; repealed by 1991 c.882 §17]
459.609 [1987 c.706 §41; repealed by 1991 c.882 §17]
459.610 [1971 c.699 §12; 1973 c.835 §154; 1981 c.709 §13; 1983 c.90 §1; renumbered 466.165]
459.614 [1987 c.706 §42; repealed by 1991 c.882 §17]
459.619 [1987 c.706 §43; repealed by 1991 c.882 §17]
459.620 [1971 c.699 §16; 1973 c.835 §155; renumbered 466.170]
459.625 [1975 c.483 §3; 1977 c.796 §3; renumbered 469.375]
459.630 [1975 c.483 §2; 1977 c.796 §4; renumbered 469.525]
459.635 [1975 c.483 §4; 1985 c.670 §40; renumbered 466.175]
459.640 [1981 c.709 §22; 1985 c.670 §41; renumbered 466.180]
459.650 [1971 c.699 §13a; 1977 c.867 §16; 1979 c.132 §16; 1981 c.709 §14; 1983 c.703 §13; renumbered 466.185]
459.660 [1971 c.699 §14; 1973 c.835 §156; 1977 c.867 §17; 1979 c.132 §17; 1981 c.709 §15; 1983 c.703 §14; renumbered 466.190]
459.670 [1971 c.699 §13; 1977 c.867 §18; 1979 c.132 §18; 1981 c.709 §16; 1983 c.90 §2; renumbered 466.195]
459.680 [1971 c.699 §15a; 1977 c.867 §19; 1979 c.132 §19; 1981 c.709 §16a; 1983 c.703 §15; renumbered 466.200]
459.685 [1973 c.778 §§8,9,10,11,12,13; 1977 c.867 §20; 1985 c.685 §3; renumbered 466.205]
459.690 [1971 c.699 §15; 1973 c.835 §157; 1979 c.284 §150; renumbered 466.210]
459.695 [1983 c.703 §3; renumbered 466.215]
459.705 Definitions for ORS 459.705 to 459.790.
As used in ORS 459.705 to 459.790: (1) �Danger� or �nuisance� includes but is not limited to the unpermitted storage of waste tires or the...
459.708 Waste tire generator; requirements.
(1) Any person who generates waste tires shall either: (a) Have the waste tires transported by a waste tire carrier operating under a permit issued...
459.710 Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception.
(1) Except as provided in subsection (2) of this section, no person shall dispose of waste tires in a disposal site, as defined in ORS...
459.712 Transport without carrier permit prohibited; exceptions.
(1) No person shall collect or transport waste tires for the purpose of storage, processing or disposal or purport to be in the business of...
459.715 Storage prohibited; exceptions.
(1) No person shall store more than 100 waste tires anywhere in this state except at a waste tire storage site operated under a permit...
459.720 Conditions for storage site permit.
(1) Each waste tire storage site permittee shall be required to do the following as a condition to holding the permit: (a) Report periodically to...
459.725 Application for storage site operator or carrier.
(1) The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a waste tire storage site or to be...
459.730 Information in application for storage site permit; carrier permit; fees; bond.
(1) Permit applications submitted to the Department of Environmental Quality for operating a waste tire storage site shall contain the following: (a) The management program...
459.735 Notification of permit application in county of proposed disposal site.
(1) Following the submittal of a waste tire storage site permit application, the Director of the Department of Environmental Quality shall cause notice to be...
459.740 Hearing on site permit application.
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...
459.745 Department action on application; appeal.
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...
459.750 Storage site and carrier permit fees.
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...
459.755 Revocation of storage site or carrier permit.
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...
459.760 Monitoring and inspection of waste tire carriers and storage site; access to site and records.
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...
459.765 Department use of fees.
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...
459.770 [1987 c.706 §13; 1989 c.203 §2; 1991 c.882 §8; repealed by 1991 c.882 §17]
459.772 Use of processed, source-separated waste tires for energy recovery.
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,...
459.775 Waste Tire Recycling Account; uses.
(1) The Waste Tire Recycling Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department...
459.780 Tire removal or processing plan; financial assistance; department abatement.
(1) 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...
459.785 Rules.
(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules necessary to carry out the provisions of...
459.790 Exceptions to ORS 459.705 to 459.785.
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...
459.810 [1971 c.745 §1; renumbered 459A.700 in 1991]
459.820 [1971 c.745 §2; renumbered 459A.705 in 1991]
459.830 [1971 c.745 §3; 1973 c.758 §1; renumbered 459A.710 in 1991]
459.840 [1971 c.745 §4; 1973 c.758 §2; 1981 c.513 §1; renumbered 459A.715 in 1991]
459.850 [1971 c.745 §5; 1977 c.151 §1; 1977 c.157 §1; 1979 c.188 §1; renumbered 459A.720 in 1991]
459.860 [1971 c.745 §6; 1973 c.693 §1; renumbered 459A.725 in 1991]
459.870 [1971 c.745 §7; renumbered 459A.730 in 1991]
459.880 [1971 c.745 §8; 1973 c.758 §3; renumbered 459A.735 in 1991]
459.890 [1971 c.745 §9; renumbered 459A.740 in 1991]
459.900 Thermostats and motor vehicle switches containing mercury; disposal; findings.
(1) 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...
459.990 [1967 c.428 §16; 1969 c.593 §48; subsection (2) enacted as 1969 c.509 §6; repealed by 1971 c.648 §33]
459.992 Criminal penalties; license suspension and revocation.
(1) The following are Class A misdemeanors: (a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to 459.385. (b) Violation...
459.995 Civil penalties.
(1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law: (a) Any person who violates ORS...
459.997 [1987 c.706 §44; repealed by 1991 c.882 §17]

Last modified: August 7, 2008