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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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

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/s/ Mary Burrows

Representative HazariJous & Solid Wasfe DivIsion . Dept ot Environmental Quality

fijJ fa II \YJ f[J1 U1) JUl:?3$ l.llJ
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63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session

HOUSE AMENDMENTS TO

A-ENGROSSED SENATE BILL 138

By COMMITTEE ON ENVIRONMENT AND ENERGY

May 23

Amended Summary

[Authorizes the Environmental Quality Commission to establish standards for siting offacilities and disposal

ofPCB and hazardous waste. Establishes licensing criteria.]

[Authorizes Public Utility Commissioner to regulate transportation ofPCB 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 of Environmental Quality for 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:

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"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 of Environmental Quality.

9 "(3) 'Director' means the Director of the Department of Environmental 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 enter the 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 of ownership, 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 container or receptacle is classified as hazardous waste under paragraph (a), (b) or (c) ofthis subsection on some

19 basis other than the radioactivity ofthe material, container or 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

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in ORS 468.700.

substances intended for the purpose ofdefoliating plants or for the preventing, destroying, repelling or mitigating
3 "(b) Residues resulting from any process of industry, manufacturing, trade or business or government or

4 from the development or recovery ofany natural resources, if such residues are classified as hazardous by order of

5 the commission, after notice and public hearing. For purposes of classification, the commission must find that

6 the residue, because of its 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 or a 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 either on 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 limited to neutralization, designed to change the physical, chemical, or biological character or composition ofany

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, or reduced 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 of public health and safety and

33 environment to protect Oregon citizens from the potential harmful effects ofthe transportation and treatment or

34 disposal of hazardous waste and PCB within Oregon.

35 "(2) Therefore, the Legislative Assembly declares that it is the purpose of ORS 459.410 to 459.450 and

36 459.460 to 459.690 to:

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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 of hazardous waste during its transportation from the point ot generation to the point of disposal,

treatment or storage.

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

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4 materials originating in the states that are parties to the Northwest Interstate Compact on Low-Level Radioactive

5 Waste Management under ORS 469.930; and

6 "(d) Limit to the extent possible the size of any 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 Compact on 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 of or treating hazardous waste or PCB;

13 "(2) Establish classes of hazardous waste or PCB that may be disposed of or treated;

14 "(3) Designate the location of a facility designed to dispose of or 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 extent that the capacity ofthe facility allows, to

17 states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set

18 forth in ORS 469.930.

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"(b) Exercise the maximum amount of control 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 of or 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) Issuitable 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 of at 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 for treatment or disposal ofthe range ofhazardous waste or PCB as required by the commission;

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"(b) Significantly adds to:

"(A) The range of hazardous waste or PCB handled at an already licensed treatment or disposal facility; or

"(B) The type of technology employed at already licensed treatment or disposal facilities.

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"'(3)The proposed facility uses the best available technology for treating or disposing of hazardous 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)Lack ofadequate current treatment 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 of protection 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 of adjacent 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 of this 1985 Act.

"SECTION 7. Before issuing a license for a facility designed to treat or dispose of hazardous 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 of the owner and the operator have adequate financial and technical

capability to properly construct and operate the facility; and

"(2) The compliance history of the owner including any parent company of the owner and the operator in

owning and operating other similar facilities, 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 4 to 27 of this 1985

Act.

"SECTION 9. The commission may impose specific standards for the range and type ofhazardous waste or

PCB treated or disposed of at 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 of sections IS to 20 of this 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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HA to A-Eng. SB 138 Page 4
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 for payment of the department's administrative expensesincurred in the process

13 oflicensing the treatment or disposal facility. Any portion 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 accompanied by 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 department incurs expenses in excessofthe estimated fee, the applicant

22 '"SECTION 12. (1) To aid and advise the director and the commission in the selection ofa hazardous 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 review applications 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 of any 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 facility without a license therefor issued

35 under sections 4 to 33 of this 1985 Act.

36 "SECTION 15. The department shall:

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"(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 applicant in 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. Any portion 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:

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"(a) To regulate the operation and construction of a PCB disposal facility; and

"(b) For the 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 of PCB, 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 department with respect to hearings, filing

11 of reports, submission of plans and the issuance, revocation and modification of licenses issued under ORS

12 468.900 to 468.921.

13 "SECTION 17. (l) In adopting rules under section 16 of this 1985 Act regulating the disposal of PCB

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including, but not limited to, rules for the operation and maintenance ofa PCB disposal facility, the commission

shall provide for the best practicable disposal ofthe PCB in a manner that will minimize the possibility of adverse

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 16 ofthis 1985 Act and 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) A description ofthe size and type offacility to be constructed, including the height and type offencing to

be used, the size and construction ofstructures or buildings, warning signs, notices and alarms to be used, the type

of drainage 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 and water 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 legal description ofthe lands included within the facility.

"(5) A geologist's survey report indicating land formation, location of water resources and direction of the

flows thereof and the geologist's opinion relating to the potential of contamination 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) Prior to 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 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 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 department considers necessary, and make a recommendation 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 commission is subject to judicial

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.

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"(2) If, after making an investigation under subsection (1) of this section, the department is satisfied that

sufficient grounds exist to justify 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 otTer exhibits 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 of the 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 of orders in

contested cases. The costs ofreporting and oftranscribing the hearing for the purpose ofjudicial review shall be

paid by the party seeking judicial 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 other than

the owner or licensee to do so. Owners and operators ofa PCB disposal facility must allow 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 the judgment 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 order the operation ofthe facility

halted by service ofthe order on the facility operator or an agent ofthe operator.

"(2) Within 24 hours after the order is served, the department must appear in 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 if grounds 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 licensee just 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 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 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 and the rules adopted under sections 4 to 33 ofthis 1985 Act.

"(b) Commence operation, management or supervision of the PCB disposal facility on completion of the

project and not to permanently discontinue the operation, management or supervision of the facility without the

approval ofthe department.

"(c) Maintain sufficient liability insurance or equivalent financial 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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20 "(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 of hazardous waste.

24 "SECTION 28. An annual fee may be required 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 of this 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 other equivalent financial assurance in the name ofthe state and in an amount

6 estimated by the department to be sufficient to cover any costs of closing the facility and monitoring it or

7 providing for its security after closure, to secure performance of license 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 deposit for the duration ofthe license and until 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 of PCB received at the facility, their

12 manner of disposition 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 of any PCB identified under provisions ofsections 4 to 33 ofthis 1985 Act which is

18 stored, treated or disposed ofat the facility and the manner in which the PCB was stored, treated, transported or

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"(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.

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"(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 9
6 PCB at a disposal facility if appropriate 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 of this 1985 Act, and may curtail or reduce the volume of the 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 owned by 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 of PCB

\6 accepted at the facility or a percentage of the 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 together with 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 be made 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 of the post-closure

3\ period established by the commission by rule.

32 "(3) In order to 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.

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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 endanger the 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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"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 commissioner under ORS 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 of impoundment 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 meaning given that term in ORS 468.900 when the PCB is a waste product ofan 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 of hazardous

waste, [as defined in ORS 459.410,] 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 of not more than $10,000 for violation of a rule adopted under this

section. Each day of noncompliance 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 of hazardous 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 of hazardous waste generated during a given

time period and the disposition of all such waste.

"(2) The generator of a hazardous waste shall be allowed to store a hazardous waste produced by that

generator on the premises ofthat generator 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 of hazardous waste.

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"(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 of handling or use ofa hazardous 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 of hazardous 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 of adjacent 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 of hazardous 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 of waste or duration ofstorage, such a class of collection 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 of a 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 of the hazardous waste disposal facility in or upon which hazardous wastes shall be

disposed of. If the state is required to pay the licensee just 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) 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 therefor pursuant to ORS 459.410 to 459.450 and 459.460 to 459.690 and the rules adopted thereunder.

. 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 to purchase 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 needfor an Oregon site for the disposal ofhazardous

29 chemical wastes and that such a site should be regulated but not operated by the Department ofEnvironmental

30 Quality.](1) If the 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 of hazardous

33 waste according to the provisions of subsection (2) of this section.

34 "(2) The department may, upon direction of the commission and upon payment of just compensation, acquire

35 and ownan existing facility or site for use in the disposal or treatment of hazardous waste. In order to secure such

36 a site, the commission may modify or waive any of the requirements of this chapter, but not ORS 469.375 or

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"(I) Maintain a cash bond or other equivalent 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 of material 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:

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" [(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 of the

hazardous waste disposal site.

"(2) The department shall monitor the origin and volume ofhazardous waste received at a hazardous waste

treatment or disposal site and may curtail or reduce the volume ofthe wastes that may be accepted for disposal as

necessary to prolong the useful life ofthe 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 of the

Pollution Control Fund. The department is 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 of the State of Oregon, or combinations thereof, issued or made for the

purpose of paragraph (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 of any city that are authorized by its charter in

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 or grants to any municipal corporation, city, county, or agency of the State ofOregon, or

combinations thereof, for planning ofeligible projects as defined in ORS 454.505, seweragesystems as defined by

ORS 468.700 or facilities for the disposal ofsolid waste, including without being 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 of Oregon, or combinations thereof, issued or made for the

purpose of paragraph (d) ofthis subsection in an amount not to exceed 100 percent of the total project costs.

"(g) To advance funds by contract, loan or otherwise, to any municipalcorporation, city, county or agency of

the State of Oregon, or combination thereof, for the purpose of paragraphs (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 of environmentally 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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"(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 other obligations 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 applicant to 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 prior approval of the Joint Committee

on Ways and Means during the legislative sessions or the Emergency Board during the interim period between

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"(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, without first

complying with sections 4 to 33 ofthis 1985 Act.

"SECfION 44. 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 for operation 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.

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3 after January 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 of this Act under ORS 459.410 to 459.450 and 459.460 to 459.690 has

9 expired. The individual is considered to be licensed under and subject to ORS 459.490 to 459.450 and 459.460 to

10 459.690 on and afterthe effective date ofthis Act, according to the nature and character ofthe business conducted

II by the individual, until the expiration of the 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 of this Act may continue to operate according to the terms of the

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 of ORS 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

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"SECTION 46. Except as provided in section 48 ofthis Act, the provisions ofthis Act control application for

licenses made to the Environmental Quality Commission under ORS 459.410 to 459.450 and 459.460 to 459.695

or hazardous waste disposal facility operating on 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 submitted according to the criteria ofthis section shall continue

22 in full force and effect until the commission either issues or denies a renewal license.

23 "SECTION 49. ORS 459.530 is repealed.

24 "SECTION SO. This Act being necessary for the immediate preservation of the public peace, health and

25 safety, an emergency is declared to exist, and this Act takes effect on its passage.",

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