### On page 3 

### of the printed House amendments dated May 23, 

### delete lines 15 

### through 18 

### and insert: 2**~(4)** 

### Limit to the extent otherwise allowed by law, the hazardous waste or PCB accepted for treatment or 3 

### disposal at a facility first to hazardous waste or PCB originating in Oregon, or if the capacity of the facility as 4 

### established under section 5 

### of this 1985 

### Act allows, or it is necessary for the commission to receive and maintain 

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• 5 6 63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session 

# PREVIOUS AMENDMENTS By House May 23 

# CONFERENCE COMMITTEE AlVIENDMENTS TO A-ENGROSSED SENATE BILL 138 June II

(No change in Measure Summary)

Mr. President: Your Conference Committee to whom was referred A-engrossed Senate Bill 138, 

### having had the same under consideration, respectfully reports it back with the recommendation that the Senate concur in the printed House amendments dated May 23, 

### and that the bill be further amended as follows and repassed:

state authorization of a hazardous waste regulatory program under P.L. 94-580 

### and P.L. 98-616, 

### to states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS 7**469.930.~.** 8 

### In line 19,

### delete "new' 

### and after the second "a" insert "new". /s/ Bill Bradbury Senator 

### /s/ L. B. Day Senator /s/ Mike McCracken Representative



# • /s/ Mary Burrows Representative 

### HazariJous & 

### Solid Wasfe DivIsion



## . Dept otEnvironmental Quality 

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'. 63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session 

# HOUSE AMENDMENTS TO A-ENGROSSED SENATE BILL 138 ByCOMMITTEE ON ENVIRONMENT AND ENERGY May 23

Amended Summary 

### [Authorizes the Environmental Quality Commission to establish standards for sitingof facilities and disposal of

PCB and hazardous waste. Establishes licensing criteria.]

[Authorizes Public Utility Commissioner to regulate transportation of PCB waste.] Directs Environmental Quality Commission to regulate hazardous waste or PCB disposal facilities through rulemaking and licensing. Directs limitation on number of such facilities. Directs establishment of classes of hazardous waste or PCB. Appropriates licensing fees to Department ofEnvironmental Qualityfor administrative expenses. Declares emergency, effective on passage. On page I ofthe printed A-engrossed bill, line 2, after "ORS" insert "459.410,459.445,459.505,". 2 In line 3, delete "468.900;" and insert "767.457; repealing ORS 459.530; appropriating money;". 3 Delete lines 5 through 23 and pages 2 through 14 and insert: 

# • 4 5 "SECTION 1. ORS 459.410 is amended to read: "459.410. As used in ORS 453.635 and 459.410 to 459.450 and 459.460 to 459.690, unless the context 6 requires otherwise: 7 "(I) 'Commission' means the Environmental Quality Commission. 8 "(2) 'Department' means the Department ofEnvironmental Quality. 9 "(3) 'Director' means the Director ofthe Department ofEnvironmental Quality. JO "(4) 'Dispose' or 'disposal' means the discharge, deposit, injection, dumping, spilling, leaking or placing of II any hazardous waste into or on any land or water so that the hazardous waste or any hazardous constituent 12 thereofmay enterthe environment or be emitted into the air or discharged into any waters ofthe state as defined

14 "(5) 'Generator' means the person, who by virtue ofownership, management or control, is responsible for 15 causing or allowing to be caused the creation ofa hazardous waste. 16 "(6) 'Hazardous waste' does not include radioactive material or the radioactively contaminated containers 17 and receptacles used in the transportation, storage, use or application ofradioactive waste, unless the material, 18 containeror receptacle is classified as hazardous waste under paragraph (a), (b) or (c) ofthis subsection on some 19 basis otherthan the radioactivity ofthe material, containeror receptacle. Hazardous waste does include all ofthe 20 following which are not declassified by the commission under ORS 459.430 (3): 21 "(a) Discarded, useless or unwanted materials or residues resulting from any substance or combination of 

# • 13

22 in ORS 468.700.

substances intended for the purpose ofdefoliating plants or for the preventing, destroying, repelling or mitigating3 "(b) Residues resulting from any process ofindustry, manufacturing, trade or business or government or 4 from the developmentor recovery ofany natural resources, ifsuch residues are classified as hazardous by orderof 5 the commission, after notice and public hearing. For purposes ofclassification, the commission must find that 6 the residue, because ofits quantity, concentration, or physical, chemical or infectious characteristics may: 7 "(A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or 8 incapacitating reversible illness; or 9 "(B) Pose a substantial present or potential hazard to human health or the environment when improperly 10 treated, stored, transported, or disposed of, or otherwise managed. 11 "(c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or 

### 12 application ofthe substances described in paragraphs (a) and (b) ofthis subsection. 13 "(7) 'Hazardous waste collection site' means the geographical site upon which hazardous waste is stored. 14 "(8) 'Hazardous waste disposal site' means a geographical site in which or upon which hazardous waste is 15 disposed. 16 "(9) 'Hazardous waste treatment site' means the geographical site upon which or a facility in which 17 hazardous waste is treated.



### 21 "(11) 'PCB' has the meaning given that term in 

### ORS 468.900. 22 " [(11)] (12) 'Person' means the United States, the state ora public or private corporation, local government 23 unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity. 24 " [(12)] (13) 'Store' or 'storage' means the containment ofhazardous waste eitheron a temporary basis or for 25 a period ofyears, in a manner that does not constitute disposal ofthe hazardous waste. 26 " [(13)] (14) 'Transporter' means any person engaged in the transportation ofhazardous waste by any means. 27 " [(14)] (15) 'Treat' or 'treatment' means any method, technique, activity or process, including but not 28 limitedto neutralization, designedto change the physical, chemical, or biological characteror compositionofany 29 hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, 30 amenable for recovery, amenable for storage, orreduced in volume. 31 "SECTION 2. Sections 3 to 33 and 43 ofthis Act are added to and made a part ofORS 459.410 to 459.450. 32 "SECTION 3. (1) The Legislative Assembly finds it is in the interest ofpublic health and safety and 33 environment to protectOregon citizens from the potential harmful effects ofthe transportation and treatment or 34 disposal ofhazardous waste and PCB within Oregon. 35 "(2) Therefore, the Legislative Assembly declares that it is the purpose ofORS 459.410 to 459.450 and 36 459.460 to 459.690 to:

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18 19 20

37 of insects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nernatocides and rodenticides.

"(10) 'Manifest' means the form used for identifying the quantity, composition, and the origin, routing and destination ofhazardous waste during its transportation from the point

# otgeneration to the point ofdisposal, treatment or storage.

"(a) Protect the public health and safety and environment ofOregon to the maximum extent possible; 

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HA to A-Eng. SB 138 Page 24 materials originatingin the states thatare parties to the Northwest Interstate Compacton Low-Level Radioactive 5 Waste Management under ORS 469.930; and 6 "(d) Limit to the extent possible the size ofany hazardous waste or PCB treatment or disposal facility in 7 Oregon to a size that is appropriate to treat or dispose of waste or PCB originating in Oregon and, if capacity 8 permits, to waste or PCB originating in those states that are parties to the Northwest Interstate Compacton Low9 Level Radioactive Waste Management under ORS 469.930. 10 "SECTION 4. In order to carry out the provisions ofORS 459.410 to 459.450 and 459.460 to 459.695, the II commission shall: 12 "(I) Limit the number of facilities disposing ofor treating hazardous waste or PCB; 13 "(2) Establish classes ofhazardous waste or PCB that may be disposed ofor treated; 14 "(3) Designate the location ofa facility designed to dispose ofor treat hazardous waste or PCB; and 15 "(4) Limit to the extent possible the hazardous waste or PCB accepted for treatment or disposal at a facility 16 first to hazardous waste or PCB originating in Oregon, then, to the extentthatthe capacity ofthe facility allows, to 17 states that are parties to the Northwest Interstate Compacton Low-Level Radioactive Waste Managementas set 18 forth in ORS 469.930. 

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19 20 21 "(b) Exercise the maximum amount ofcontrol over actions within Oregon relating to hazardous waste and PCB transportation and treatment or disposal; "(c) Limit to the extent possible the treatment or disposal of hazardous waste and PCB in Oregon to

"SECTION 5. Before issuing a new license for a facility designed to dispose ofor treat hazardous waste or PCB, the commission must find, on the basis ofinformation submitted by the applicant, the department or any other interested party, that the proposed facility meets the following criteria: 22 "(I) The proposed facility location: 23 "(a) Is suitable for the type and amount ofhazardous waste or PCB intended for treatment or disposal at the 24 facility; 25 "(b) Provides the maximum protection possible to the public health and safety and environment ofOregon 26 from release ofthe hazardous waste or PCB stored, treated or disposed ofat the facility; and 27 "(c) Is situated sufficient distance from urban growth boundaries, as defined in ORS 197.295, to protect the 28 public health and safety, accessible by transportation routes that minimize the threat to the public health and 29 safety and to the environment and sufficient distance from parks, wilderness and recreation areas to prevent 30 adverse impacts on the public use and enjoyment ofthose areas. 31 "(2) Subject to any applicable standards adopted under section 90fthis 1985 Act, the design ofthe proposed 32 facility: 33 "(a) Allows fortreatment or disposal ofthe range ofhazardous waste or PCB as required by the commission; 34 and 

# e 35 36 37 "(b) Significantly adds to: "(A) The range ofhazardous waste or PCB handled at an already licensed treatment or disposal facility; or "(B) The type oftechnology employed at already licensed treatment or disposal facilities.

HA to A-Eng. SB 138 Page 32 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 "'(3)The proposed facility uses the best available technology for treating or disposing ofhazardous waste or PCB as determined by the department or the United States Environmental Protection Agency. "(4) The need for the facility is demonstrated by: "'(a)Lackofadequate currenttreatment or disposal capacity to handle hazardous waste or PCBgenerated by Oregon companies; "(b) A finding that operation ofthe proposed facility would result in a higher level ofprotection ofthe public health and safety or environment; or "(c) Significantly lower treatment or disposal costs to Oregon companies. "(5) The proposed hazardous waste or PCB treatment or disposal facility has no major adverse effect on either: "(a) Public health and safety; or "'(b)Environment ofadjacent lands. "SECTION 6. As a condition to the issuance of a renewal license under ORS 459.410 to 459.450 and 459.460 to 459.690, the commission may require the applicant to comply with all or some ofthe criteria set forth in section 5 ofthis 1985 Act. "SECTION 7. Before issuing a license for a facility designed to treat or dispose 

### ofhazardous waste or PCB, the license applicant must demonstrate, and the commission must find, that the owner and operator meet the following criteria: "( I) The owner, any parent company ofthe owner and the operator have adequate financial and technical capability to properly construct and operate the facility; and "(2) The compliance history ofthe owner including any parent company ofthe owner and the operator in owning and operating other similarfacilities, if any, indicates an ability and willingness to operate the proposed facility in compliance with the provisions ofORS 459.410 to 459.450 and 459.460 to 459.690 or any condition imposed on the licensee by the commission. "SECTION 8. The Environmental Quality Commission may, by rule, designate classes of facilities designed to treat or dispose ofhazardous waste or PCBthat shall be subject to the provisions of sections 4to 27of this 1985 Act. "SECTION 9. The commission may impose specific standards for the range and type ofhazardous waste or PCB treated or disposed ofat a facility in order to protect the public health and safety and environment of Oregon. "SECTION 10. Whenever the Environmental Quality Commission finds there is a need for an additional hazardous waste or PCB treatment or disposal facility according to the criteria established in section 5 of this 1985 Act, the commission shall establish an application period during which persons may apply for a PCB disposal facility license according to the provisions ofsections IS to 20 ofthis 1985 Act or a hazardous waste disposal facility license under ORS 459.410 to 459.450 and 459.460 to 459.690. "SECTION 11. (I) Upon request, the department shall furnish an application form to any person interested in developing or constructing a hazardous waste or PCB treatment or disposal facility. Each such form shall contain: 

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### 4 waste or PCBtreatment or disposal facilities and in the handling of such substances. 5 "(2) 

### The department shall also require the submission of such information relating to the construction, 6 

### development or establishment of a proposed hazardous waste or PCB treatment or disposal site and facilities to 7 

### be operated in conjunction therewith, and such additional information, data and reports as it deems necessary to 8 

### make a decision on granting or denying a license. 9 

### "(3) If the application is for a new license to operate a new hazardous waste or PCB treatment or disposal 10 

### facility, the application shall be accompanied by a fee in an amount sufficient to cover the department's costs in II 

### investigating and processing the application, but which shall not exceed $70,000, which shall be continuously 12 

### appropriated to the department forpaymentof the department's administrative expensesincurredin the process 13 

### oflicensingthe treatment or disposal facility. Anyportion of the fee that exceeds the department's administrative 14 

### expenses shall be refunded to the applicant. 15 "(4) 

### If the application is for the renewal ofan existing license, the application shall be accompaniedby a fee 16 

### in an amount estimated by the department to be sufficient to cover the department's costs in investigating and 17 

### processing the renewal application. If the departmentincurs expenses in excessofthe estimatedfee, the applicant

22 

### '"SECTION 12. 

### (1) To aid and advise the directorand the commission in the selection ofahazardous waste 23 

### or PCB treatment or disposal facility or the site of such facility, the director shall establish citizen advisory 24 

### committees as the director considers necessary. The director shall determine the representation, membership, 25 

### terms and organization of the committees and shall appoint their members. The director or a designee shall be a 26 

### nonvoting member of each committee. 27 "(2) 

### The advisory committees appointed under subsection (I) 

### of this section shall reviewapplications during 28 

### an application period established under section 10 

### of this 1985 Act and make recommendations on the 29 

### applications to the commission. 30 

### "SECfION 13. 

### As used in sections 13to 33 of this 1985Act, 'PCB disposal facility' includes a facility for the 31 

### treatment or disposal of PCB. 32 

### '"SECfION 14. 

### (1) No person shall treat or dispose ofany PCB anywhere in this state except at a PCB 33 

### disposal facility licensed pursuant to sections 4 

### to 33 of this 1985 Act. 34 "(2) 

### No person shall establish, construct or operate a PCB disposal facilitywithout a license therefor issued 35 

### under sections 4 

### to 33 of this 1985 Act. 36 

### "SECTION 15. 

### The department shall: 

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18 19 20 21

37 38 

### "(a) The name and address ofthe applicant

. "(b) A statement of financial condition of the applicant, including assets, liabilities and net worth. "(c) The experience ofthe applicantin construction, management:supervision or development of hazardous

shall pay the excess fees.Under no circumstances shall the renewal fee exceed a total of$50,000. Anyportion of the fee that exceeds the department's administrative expenses shall be refunded to the applicant. Such fees shall be continuously appropriated to the department for payment of the department's administrative expenses incurred in the process ofrenewing the license for a treatment or disposal facility.

"(1) 

### Provide for the administration, enforcement and implementation of sections 4 

### to 33 of this 1985 Act and may perform all functions necessary: HA 

### to A-Eng. SB 138 Page 52 3 4 5 6 "(a) To regulate the operation and construction ofa PCB disposal facility; and "(b) Forthe licensing ofa PCB disposal facility in consultation with the appropriate county governing body or city council. "(2) Coordinate and supervise all functions ofstate and local governmental agencies engaged in activities subject to the provisions of sections 4 to 33 ofthis 1985 Act. "SECTION 16. In accordance with applicable provisions ofORS 183.310"to 183.550, the commission shall: 

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7 "(1) Adopt rules and issue orders, including but notlimited to establishing minimum requirements for the 8 disposal ofPCB, minimum requirements for operation, maintenance, monitoring, reporting and supervision-of 9 disposal facilities, and requirements and procedures for selection ofsuch facilities. 10 "(2) Adopt rules and issue orders relating to the procedures ofthe departmentwith respect to hearings, filing 11 ofreports, submission ofplans and the issuance, revocation and modification oflicenses issued under ORS 12 468.900 to 468.921. 13 "SECTION 17. (l) In adopting rules under section 16 ofthis 1985 Act regulating the disposal of PCB 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 including, but not limited to, rules for the operationand maintenance ofa PCB disposal facility, the commission shall provide for the best practicabledisposal ofthe PCB in a mannerthatwillminimizethe possibility ofadverse effects on the public health and safety or environment. "(2) The department shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under section 16ofthis 1985 Actand subsection (1) ofthis section and shall report its findings and recommendations to the commission. "SECTION 18. License applications submitted to the department for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following: "( 1)The management program for the operation ofthe facility including the person to be responsible for the operation of the facility and a resume of the person's qualifications, the proposed method of disposal, the proposed method of pretreatment or decontamination of the facility, if any, and the proposed emergency

measures to be provided at the facility. "(2) Adescription ofthe size and type offacility to be constructed, includingthe height and type offencingto beused, the size and construction ofstructures or buildings, warning signs, notices and alarms to be used, the type ofdrainage and waste treatment facilities and maximum capacity ofsuch facilities, the location and source of each water supply to be used and the location and the type offire control facilities to be provided at the facility. "(3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and development ofthe disposal facility and the waste treatment andwater supply facilities, if any, to be used at the facility. "(4) The exact location and place where the applicant proposes to operate and maintain the PCB disposal facility, including the legaldescription ofthe lands included within the facility. "(5) A geologist's survey report indicating land formation, location of water resources and direction of the flows thereofand the geologist's opinion relating to the potential ofcontamination of water resources including but not limited to possible sources ofsuch contamination. 

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### "(6) The names and addresses ofthe applicant's current or proposed insurance carriers, including copies of insurance policies then in effect. "SECTION 19. Upon receipt of an application for a PCB disposal facility license, the department shall cause copies of the application to be 

### sent to affected state agencies, including the Health Division, the Public Utility Commissioner, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within the period specified by the department by making a written recommendation as to whether the license application should be granted. Recommendation from other agencies shall be 

### considered in determining whether to grant the license. "SECTION 20. (I) Priorto holding hearings on a PCB disposal facility license application, the commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected persons ofthe license application. "(2)The notice shall contain information regarding the approximate location ofthe facility and the type and amount of PCB intended for disposal at the facility, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed PCB disposal facility shall have opportunity to testify at the hearing: "SECTION 21. The commission shall conduct a public hearing in the county or counties where a proposed PCBdisposal facility is located and may conducthearings at other places as the departmentconsiders 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 application. "SECTION 22. (1) 

### At the close ofthe application period under section 10

### of this 1985 

### Act, the department shall examine and review all PCB disposal facility license applications submitted to the commission and make such investigations as the departmentconsiders necessary, and make arecommendation to the commission as to whether to issue the license. "(2) After reviewing the department's recommendations under subsection (1) 

### of this section, the commission shall decide whether or not to issue the license. It shall cause notice ofits decision to be

### given to the applicant by certified mail at the address designated in the application. The decision of the commissionis subject tojudicial review under ORS 183.480. 

### "SECTION 23. The Environmental Quality Commission may not issue a license under section 22 of this 1985 

### Act for any facility designed to dispose of PCB by incineration unless: "(1) 

### The facility is also equipped to incinerate hazardous waste; and "(2) The applicant has received all federal and state licenses required to operate a hazardous waste incinerator. "SECTION 24. (1) 

### The department shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator's licenseor any provisions ofsections 4 to 31 

### of this 1985 

### Act or the rules adopted under sections 4 to 33 

### of this 1985 

### Act. Upon receiving a complaint, the department shall furnish a copy ofthe complaint to the person holding the license to operate the PCB disposal facility.

HA to A-Eng. SB 138 

### Page 72 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 "(2) If, after making an investigation under subsection (1) ofthis section, the department is satisfied that sufficient grounds exist tojustify a hearing upon the complaint, it shall give 10 days' written notice ofthe time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and otTerexhibits and to require the attendance of witnesses at the hearing. "(3) The commission or a hearings examiner appointed by the commission shall hear the matter. Within 30 days after the date ofthe hearing and after considering all evidence and testimony submitted, the commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS 183.480 for judicial review oforders in contested cases. The costs ofreporting and oftranscribing the hearing for the purpose of judicial review shall be paid by the party seekingjudicial review. "SECTION 25. The department shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency otherthan the owner or licensee to do so. Owners and operators ofa PCB disposal facility mustallow necessary access to the PCB disposal facility and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. "SECTION 26. (I) Whenever, in thejudgment ofthe department, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation ofthe facility, without hearing or prior notice, the department shall orderthe operation ofthe facility halted by service ofthe order on the facility operator or an agent ofthe operator. "(2) Within 24hours after the orderis served, the department mustappearin the appropriate circuit court to petition for the equitable reliefrequired to protect the public health or safety or the environment and may begin proceedings to revoke the license ifgrounds for revocation exist. "SECTION 27. (I) As a condition ofissuance ofa PCB disposal facility license, ifPCB waste disposal is to be by landfilling, the licensee must deed to the state the real property in or upon which the PCB waste will be permanently landfilled. If the state is required to pay the licenseejustcompensation for the real property deeded to it, the licensee shall pay the state annually a fee in an amount determinedby the department to be sufficient to make the real property self-supporting and self-liquidating. "(2) In addition to the requirement under subsection (I) ofthis section, each PCB disposal facility licensee under sections 4 to 33 ofthis 1985 Act shall berequired to do the following as a condition to holding the license: "(a)Proceed expeditiously with and complete the project in accordance with the plans and specifications approved and the rules adopted under sections 4 to 33 ofthis 1985 Act. "(b) Commence operation, management or supervision ofthe PCB disposal facility on completion of the project and not to permanentlydiscontinue the operation, management or supervision of the facility without the approval ofthe department. "(c) Maintain sufficient liability insurance or equivalentfinancial assurance in such amounts as determined by the department to be reasonably necessary to compensate for damage to the public health and safety and environment. 

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HA to A-Eng. SB 138 Page 820 "(k) Assure that all personnel who are employed by the licensee are trained in proper procedures for 21 handling, transfer, transport, treatment, disposal and storage ofPCB including but not limited to familiarization 22 with all contingency plans. 23 "CL) Ifdisposal is by incineration, the facility must also incinerate a reasonable ratio ofhazardous waste. 24 "SECTION 28. An annual fee may berequired ofevery PCB disposal facility licensee under sections 4 to 33 25 of this 1985 Act. The fee shall be in an amount determined by the commission to be adequate to carry on the 26 monitoring, inspection and surveillance program established under section 25 ofthis 1985 Act and to cover 27 related administrative costs. All such fees are continuously appropriated to the department to pay the cost ofthe 28 program under section 25 ofthis 1985 Act. 29 "SECTION 29. The commission may acquire real property for the disposal of PCB by instituting 30 condemnation proceedings therefor to be conducted in accordance with ORS chapter 35. 31 "SECTION 30. (1) If the commission revokes a PCB disposal facility license under ORS 459.620, the

3 "(e) Restore, to the extent reasonably practicable, the area ofthe facility to its original condition when use of 4 the area is terminated as a facility. 5 "(f) Maintain a cash bond or otherequivalent financial assurance in the name ofthe state and in an amount 6 estimated by the department to be sufficient to cover any costs ofclosing the facility and monitoring it or 7 providing for its security after closure, to secure performance oflicense requirements and to provide for any 8 remedial action by the state necessary to protect the public health and safety and the environment following 9 facility closure. The financial assurance shall remain on depositfor the duration ofthe license anduntil the end of 10 the post-closure period, except as the assurance may be released or modified by the department. II "Cg) Report periodically to the department on the volume and types ofPCB received at the facility, their 12 manner ofdisposition and the fees collected therefor. 13 "(h) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the 14 department to be reasonably necessary to protect the public health or safety or the environment. 15 "(i) Grant the commission the first opportunity to purchase the PCB disposal facility ifthe licensee offers the 16 facility for sale. 17 "(j) Maintain records ofany PCB identified under provisions ofsections 4 to 33 ofthis 1985 Act which is 18 stored, treated or disposed ofat the facility and the mannerin which the PCB was stored, treated, transported or 

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19 "(d) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable risks.

disposed of. The records shall be retained for the period oftime determined by the commission.

32 commission may: 33 "(a) Close the existing PCB disposal site or facility; or 34 "(b) Direct the department to acquire an existing facility or site for the disposal or treatment of PCB 35 according to the provisions ofsubsection (2) ofthis section. 

# • 36 37 "(2) The department may, upon direction from the commission and after payment ofjust compensation, acquire and own an existing facility for use in the disposal of PCB. In order to secure such a facility, the HA to A-Eng. SB 138 Page 96 PCB at a disposal facility ifappropriate to protect public health and safety or the environment. 7 "(2) The department shall monitor the origin and volume ofPCB received at a disposal facility acquired and 8 regulated under section 30 ofthis 1985 Act, and may curtail or reduce the volume ofthe PCB that may be 9 accepted for disposal as necessary to: 10 "(a) Protect public health and safety or the environment; or \\ "(b) Assure that the operation ofthe facility is economically feasible. \2' "(3) The department shall not accept any PCB at a disposal facility ownedby the state from a state that is not \3 a party to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS \4 469.930. \5 "SECTION 32. (I) The PCB disposal facility license shall require a fee based either on the volume ofPCB \6 accepted at the facility or a percentage ofthe fee collected, or both. The fees shall be calculated in amounts \7 estimated to produce over the facility use period a sum sufficient to: \8 "(a) Secure performance oflicense requirements;

23 "(2) The amount so paid shall be held in a separate account and when the amount paid in by the licensee 24 togetherwith the earnings thereon equals the amount ofthe financial assurance required under subsection (2) of 25 section 27 ofthis 1985 Act, the licensee shall be allowed to withdraw the financial assurance. 26 "(3) If the facility is closed before the fees reach an amount equal to the financial assurance, appropriate 27 adjustment shall bemade and the reduced portion ofthe financial assurance may be withdrawn. 28 "SECTION 33. (I) At the time a PCB disposal facility is closed, the person licensed under sections 4 to 33 of 29 this 1985 Act to operate the facility must obtain a post-closure license from the department. 30 "(2) A post-closure license issued under this section must be maintained until the end ofthe post-closure 3\ period established by the commission by rule. 32 "(3) In orderto obtain a post-closure license the licensee must provide post-closure care which shall include 33 at least the following: 34 "(a) Monitoring and security ofthe PCB disposal facility; and 35 "(b) Any remedial action necessary to protect the public health and safety and environment. 36 "(4) The commission may by rule establish a post-closure license application fee.

2 3 4 5

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37 commission may modify or waive any ofthe requirements ofthis chapter, but not ORS 469.375 or 469.525, ifthe commission finds that waiver or modification: "(a) Is necessary to make operation ofthe facility economically feasible; and "(b) Will not endangerthe public health and safety or the environment. "SECTION 31. (1) The department may limit, prohibit or otherwise restrict the treatment or disposal of

"(b) Close the facility; "(c) Provide for any monitoring or security ofthe facility after closure; and "(d) Provide for any remedial action by the state necessary after closure to protect the public health and safety and the environment.

"SECTION 34. Section 35 ofthis Act is added to and made a part ofORS chapter 767. 

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• 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "SECTION 35. (I) In' addition to any other enforcement measure allowed, if a person violates the provisions ofORS 459.450 or 767.457 or rules adopted by the commissionerunderORS 459.450 or 767.457, the commissioner may impound the person's vehicle transporting, about to transport or that has transported hazardous waste, PCB or hazardous substance within the state. The commissioner may charge a reasonable fee for the costs ofimpoundment and storage, if any, before releasing any vehicle to its owner. "(2) As used in this section and ORS 767.457: "(a) 'Hazardous substance' includes any substance defined by the commissioner as hazardous. "(b) 'Hazardous waste' has the meaning given that term in ORS 459.410. "(c) 'PCB' has the meaninggiven that term in ORS 468.900 when the PCB is a waste productofan industrial, commercial or other activity. "SECTION 36. ORS 767.457 is amended to read: "767.457. (I) The commissioner shall adopt rules setting standards for the safe transportation ofhazardous waste, [asdefined in ORS459.410,] hazardous substance and PCB by all transporters. "(2) The authority granted under this section: "(a) Is in addition to any other authority granted the commissioner. "(b) Does not supersede the authority ofthe Energy Facility Siting Council to regulate the transportation of radioactive materials under ORS 469.530. "(3) In addition to any other penalty for violation of a rule adopted under this section, the commissioner, after hearing, may impose a civil penalty ofnot more than $10,000 for violation ofa rule adopted under this section. Each day ofnoncompliance with a rule is a separate violation. "SECTION 37. ORS 459.445 is amended to read: "459.445. (I) The commission may, by rule, require generators ofhazardous waste to: "(a) Identify themselves to the department, list the location and general characteristics oftheir activity and name the hazardous waste generated; "(b) Keep records that accurately identify the quantities ofsuch hazardous waste, the constituents thereof, and the disposition of such waste; "(c) Furnish information on the chemical composition of such hazardous waste to persons transporting, treating, storing or disposing of such waste; "(d) Use a department approved manifest system to assure that all such hazardous waste generated are destined for treatment, storage or disposal in treatment, storage or disposal facilities (other than facilities on the premises where the waste is generated) which are operating pursuant to lawful authority; and "(e) Submit reports to the department setting out quantities ofhazardous waste generated during a given time period and the disposition ofall such waste. "(2) The generator of a hazardous waste shall be allowed to store a hazardous waste produced by that generatoron the premises ofthatgenerator for a term not to exceed that set by rule without obtaining a hazardous waste collection site license. This shall not relieve any generator from complying with any other rule or standard regarding storage ofhazardous waste.

HA to A-Eng. SB 138 Page II2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "(3) The commission by rule may exempt certain classes or types ofhazardous waste generators from part or all ofthe requirements upon generators adopted by the commission. Such an exemption can only be made if the commission finds that, because ofthe quantity, concentration, methods ofhandling or use ofahazardous waste, such a class or type ofgenerator is not likely either: "(a) To cause or significantly contribute to an increase in serious irreversible or incapacitating reversible illness: or "(b) To pose a substantial present or potential threat to human health or the environment. "(4) The commission by rule may provide for a special license for the treatment ofhazardous waste on the premises of a generator. Such a special license may be established only if such treatment has no major adverse impact on: "(a) Public health and safety; or "(b) The environment ofadjacent lands. "SECTION 38. ORS 459.505 is amended to read: "459.505. (I) Except as provided in ORS 459.445 (2), no person shall: "(a) Store a hazardous waste anywhere in this state except at a licensed hazardous waste treatment, collection

or disposal site; "(b) Establish, construct or operate a hazardous waste collection site in this state without obtaining a hazardous waste collection site license issued pursuant to this chapter; or "(c) Establish, construct or operate a hazardous waste treatment site in this state without obtaining a hazardous waste treatment site license issued under ORS 459.410 to 459.450 and 459.460 to 459.690. "(2) The commission may exempt certain classes ofhazardous waste collection or treatment sites from part or all ofthe licensing requirements for these sites. Such an exemption can only be made if the commission finds that, because ofthe quantity, concentration or type ofwaste or duration ofstorage, such a class ofcollection or treatment site is not likely to endanger the public health, welfare or safety or the environment. "(3) If the director finds an emergency condition to exist, the director may authorize the short-term storage

or treatment ofa hazardous waste anywhere in the state as long as such temporary storage or treatment shall not constitute a hazard to public health. welfare or safety or to the environment. "(4) Hazardous waste collection sites operating on June 30, 1977, shall be required to obtain a hazardous waste collection site license not later than January I, 1978. "(5) Hazardous waste treatment sites operating on October 3, 1979, shall be required to obtain a hazardous

. waste treatment site license not later than July I, 1980. "SECTION 39. ORS 459.590 is amended to read: "459.590. (I) As a condition ofissuance ofa hazardous waste disposal facility license, the licensee must deed to the state all that portion ofthe hazardous waste disposal facility in or upon which hazardous wastes shall be disposed of. If the state is required to pay the licenseejust compensation for the real property deeded to it, the licensee shall pay the state annually a fee in an amount determined by the department to be sufficient to make such real property self-supporting and self-liquidating. 

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# • 2 3 4 "(2) Each hazardous waste disposal facility licensee under ORS 459.410 to 459.450 and 459.460 to 459.690 shall be required to do the following as a condition to holding the license: "(a) Proceed expeditiously with and complete the project in accordance with the plans and specifications -approved thereforpursuantto ORS 459.410 to 459.450 and 459.460 to 459.690 and the rules adoptedthereunder. . 5 "(b) Commence operation, management or supervision of the hazardous waste disposal facility on

6 completion of the project and not to permanently discontinue such operation, management or supervision ofthe 7 facility without the approval of the department. 8 "(c) Maintain sufficient liability insurance or equivalent financial assurance in such amounts as determined 9 by the department to be reasonably necessary to protect the environment, and the health, safety and welfare of 10 the people of this state. 11 "(d) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably 12 foreseeable risks. 13 "(e) Restore, to the extent reasonably practicable, the facility to its original condition when use ofthe area is 14 terminated as 

### a site.

23 department to be reasonably necessary to protect the public health, welfare or safety or the environment. 24 "(i) In addition to the requirement of subsection (1) of this section. grant to the Environmental Quality 25 Commission the first opportunity topurchase the hazardous waste disposal facility or site if the licensee offers the 26 site for sale. 27 "SECTION 40. ORS 459.635 is amended to read: 28 "459.635. 

### [The legislaturefinds that there is an urgent needforan Oregon site for the disposal of hazardous 29 

### chemical wastes and that such a site shouldbe regulated but not operated by the Department of Environmental 30 Quality.] (1) Ifthe commission revokes a license under ORS 459.620, the commission may: 31 "(a) Close an existing hazardous waste disposal site or facility; or 32 "(b) Direct the department to acquire an existing facility or site for the disposal or treatment ofhazardous 33 waste according to the provisions of subsection (2) of this section. 34 "(2) The department may, upondirection of the commission and upon payment ofjustcompensation, acquire 35 and ownan existing facility or site for use in the disposal or treatment ofhazardous waste. Inorderto secure such 36 a site, the commission may modify or waive any of the requirements ofthis chapter, but not ORS 469.375 or 

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• 15 16 17 18 19 20 21 22

37 "(I) Maintain a cash bond or otherequivalent financial assurance in the name ofthe state and in an amount estimated by the department to be sufficient to cover any costs of closing the facility and monitoring it or providing for its security after closure, to secure performance of license requirements and to provide for any remedial action by the state necessary to protect the public health, welfare and safety and the environment following facility closure. The financial assurance shall remain on deposit for the duration ofthe license and until the end ofthe post-closure period, except as the assurance may be released or modified by the department. "(g) Report periodically on the volume ofmaterial received at the facility and the fees col1ected therefor. "(h) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the

469.525, ifit finds that such waiver or modification:

HA to A-Eng. SB 138 Page 13

# - 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 " [(1)] (a) Is necessary to make operation ofthe facility or site'economically feasible; and

" [(2)] (b) Will not endanger the public health and safety or the environment. "SECTION 41. ORS 459.640 is amended to read: "459.640. (1) The department may limit, prohibit or otherwise restrict the treatment or disposal of certain hazardous [wastes] waste at a hazardous waste treatment or disposal site [owned by the state] if [necessary] appropriate to protect public health, welfare or safety or the environment or to prolong the useful life ofthe hazardous waste disposal site. "(2) The department shall monitor the origin and volume ofhazardous waste received at a hazardous waste treatmentor disposal site and may curtail or reduce the volume ofthe wastes that may be accepted for disposal as necessary to prolong the useful lifeofthe site. "SECTION 42. ORS 468.220 is amended to read: "468.220. (1) The department shall be the agency for the State of Oregon for the administration ofthe Pollution Control Fund. The departmentis hereby authorized to use the Pollution Control Fund for one or more ofthe following purposes: "(a) To grant funds not to exceed 30 percent of total project costs for eligible projects as defined in ORS 454.505 or sewerage systems as defined in ORS 468.700. "(b) To acquire, by purchase, or otherwise, general obligation bonds or other obligations of any municipal corporation, city, county, or agency ofthe State ofOregon, or combinations thereof, issued or made for the purpose ofparagraph (a) ofthis subsection in an amount not to exceed 100 percent of the total project costs for eligible projects. "(c) To acquire, by purchase, or otherwise, other obligations ofany city that are authorized by its charterin

an amount not to exceed 100 percent ofthe total project costs for eligible projects. "(d) To grant funds not to exceed 30 percent of the total project costs for facilities for the disposal ofsolid waste, including without being limited to, transfer and resource recovery facilities. "(e) To make loans orgrants to any municipalcorporation, city, county, or agency of the State ofOregon, or combinations thereof, forplanning ofeligible projects as defined in ORS 454.505, seweragesystems as defined by ORS 468.700 or facilities for the disposal ofsolid waste, including withoutbeing limited to, transfer and resource recovery facilities. Grants made under this paragraph shall be considered a part of any grant authorized by paragraph (a) or (d) ofthis subsection if the project is approved. "(f) To acquire, by purchase, or otherwise, general obligation bonds or other obligations of any municipal corporation, city, county, or agency of the State ofOregon, or combinations thereof, issued or made for the purpose ofparagraph (d) ofthis subsection in an amount not to exceed 100 percent of the total project costs. "(g)To advance funds bycontract, loan or otherwise, to any municipalcorporation, city, county or agency of the State ofOregon, or combination thereof, for the purpose ofparagraphs (a) and (d) of this subsection in an amount not to exceed 100 percent ofthe total project costs. "(h) To pay compensation required by law to be paid by the state for the acquisition ofreal property for the disposal by storage ofenvironmentally hazardous wastes. 

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### 13 "(4) The real property and facilities referred to in (paragraph 

### OJ] paragraphs (j) 

### and (k) ofsubsection (I) 

### of 14 

### this section shall be only such as conservatively appear to the department to be not less than 70 percent self15 supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, 16 assessments and other fees.

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17 18 19. 20 21 22 23 24 "(i) 

### To dispose of environmentally hazardous wastes by the Department of Environmental Quality whenever the department finds that an emergency exists requiring such disposal. "U) 

### To acquire for the state real property and facilities for the disposal by landfill, storage or otherwise of solid waste, including but not limited to, transfer and resource recovery facilities. "(k) To acquire for the state real property and facilities for the disposal by 

### incineration or otherwise of hazardous waste or PCB. "(2) The facilities referred to in paragraphs (a) to (c) of subsection (I) 

### of this section shall be 

### only such as conservatively appear to the department to be 

### not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, assessments and other fees. "(3)The facilities referred to in paragraphs (d), (f) 

### and (g)of subsection (I) 

### ofthis section shall be only such as conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from revenues, gifts, grants from the Federal Government, user charges, assessments and other fees.

"(5)The department may sell or pledge any bonds, notes or otherobligations acquired under paragraph (b) of subsection (I) 

### of this section. "(6) Before making a loan or grant to or acquiring general Obligation bonds or other obligations of a municipal corporation, city, county or agency for facilities for the disposal of solid waste or planning for such facilities, the department shall require the applicantto demonstrate that it has adopted a solid waste management plan that has been approved by the department. The plan must include a waste reduction program. "(7) Any grant authorized by this section shall be made only with the priorapproval of the Joint Committee on Ways and Means during the legislative sessions or the Emergency Board during the interim period between 25 

### sessions.



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### 27 28 29 30 

### 31 32 33 34 35 36 

### "(8) The department may assess those entities to whom grants and loans are made under this section to recover expenses incurred in administering this section. "SECfION 43. 

### No new PCB disposal facility shall be 

### constructed on or after January I, 

### 1985, withoutfirst complying with sections 4 to 33 ofthis 1985 Act. "SECfION44. Within 270 days after the effective date of this Act, the Environmental Quality Commission shall adopt rules according to the applicable provisions ofORS 183.310 to 183.550 to carry out the provisions of sections 4 to 33 ofthis Act. "SECTION 45. (1) 

### The Environmental Quality Commission shall establish an application period under section 10of this Act and first begin to receive applications foroperation of a PCB disposal facility not later than 270 days after the commission first adopts rules under section 16 of this Act. "(2) This section is repealed July I, 

### 1987.

HA to A-Eng. SB 138 Page 153 afterJanuary 31, 1984, but not yet approved on the effective date ofthis Act. 4 "SECTION 47. Notwithstanding section 46 of this Act, an individual licensed under ORS 459.410 to 5 459.450 and 459.460 to 459.690 as ofthe day immediately preceding the effective date ofthis Act, who is subject 6 to ORS 459.410 to 459.450 and 459.460 to 459.690 on and after the effective date ofthis Act, need not obtain a 7 license under ORS 459.410 to 459.450 and 459.460 to 459.690 as amended by this Act until the license issued to 8 the individual before the effective date ofthis Act under ORS 459.410 to 459.450 and 459.460 to 459.690 has 9 expired. The individual is consideredto be licensed underand subjectto ORS 459.490 to 459.450 and 459.460 to 10 459.690 on and afterthe effective date ofthis Act, accordingto the nature andcharacterofthebusiness conducted II by the individual, until the expiration ofthe license. Any person operating under a license issued under ORS 12 459.410 to 459.450 and 459.460 to 459.690 whose license expires after the effective date ofthis Act but before the 13 commission adopts rules under section 44 ofthis Act may continue to operate according to the terms ofthe 14 expired license until such time as the commission has adopted rules to carry out the provisions of this Act and 15 either issues or denies a renewal license according to the provisions ofORS 459.410 to 459.450 and 459.460 to 16 459.690 as amended by this Act. 17 "SECTION 48. Notwithstanding any other provision of this Act, the commission shall process any 18 application submitted to the commission on or before January 31, 1984, for renewal ofa license to operate a PCB 2

19 20 "SECTION46. Except as providedin section48 ofthis Act, the provisions ofthis Act control application for licenses made to the Environmental Quality Commission underORS 459.410 to 459.450 and 459.460 to 459.695

or hazardous waste disposal facility operatingon the effective date ofthis Act; according to the provisions ofORS 459.410 to 459.450 and 459.460 to 459.690 as those sections read before the effective date ofthis Act. A license 

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21 for which an application to renew the license was submittedaccordingto the criteriaofthis section shallcontinue 22 in full force and effect until the commission eitherissues or denies a renewal license. 23 "SECTION 49. ORS 459.530 is repealed. 24 "SECTION SO. This Act being necessary for the immediate preservation ofthe public peace, health and 25 safety, an emergency is declared to exist, and this Act takes effect on its passage.",

HA to A-Eng. SB 138 Page 16