11.. ...--"",

OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 DEPARTMENTOFENVIRONMENTALQUALlTY

e~· ..

DIVISION 11

CIVIL PENALTIES

[DEQ 33, f. 12-17-71, ef. 1-1-72;

Repealed by DEQ 78,

f. ~74, ef. 9-25-74J

NoticeProvisioas

340-12-010 [DEQ 33, f. 12-17-71, ef. 1-1-72;

Repealed by DEQ 78.

f. 9-6-74, ef. 9-25-74)

. Clamracadon and Schedule for Vloladoa of Air qudty

340-12-015 [DEQ 33, f. 2-17-71, ef. 1-1-72;

Repealed by DEQ 78.

f.9-6-74.ef.9-25-74J

CIassiflcadon and Schedule for Violation of Water Quality

340-12-020 [DEQ33,f.12-17-71.ef.I-1-72;

• Repealed by DEQ 78.

f. 9-6-74, ef. 9-25-74J

CJassiflc:ation and Schedule for Violation of Solid Waste

340-12-025 [DEQ 33, f. 12-17-71,ef. 1-1-72;

Repealed by DEQ 78.

f.~74.ef.9-25-74J

Definitions

340-12-030 Unless otherwise required by context as used

in this·Division: •

(I). ':Commission" means the Environmental Quality

Commission,

(2) "Director" means the Director of the Department or his authorized deputies or officers.

(3) "Department" means the ~nt of Environmental Quality. 0'

(4) "Order" means:

(a) Any action satisfying the definition given in ORS

Chapter 183; or .

(b) Any other action so designated in ORS Chapter 4S4.

4S9, 467, or 468.

(S) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and

municipal corporations, political subdivisions. the state and

any agencies thereof, and the Federal Government and any

agencies thereof.

(6) "Respondent" means the person against whom a civil

penalty IS assessed. . (7) "Violation" means a transgression of any statute, rule.

standard. order, .license. permit. compliance schedule. or any

part thereof and Includes both acts and omissions.

Slat. Auth.: ORS Ch.

HIst: DEQ 78, f. ~74, d. 9-2S-74

Comolldatlon of Proceedings

. 340-12-035 Not~~hstanding that each and every violation IS a separate and distinct offense, and in cases of continuing

v!olat!on, each day's continuance is a separate and distinct vlolatl~n, proeeedings ~or t.he assessment of multiple civil

penalties for multiple Violations may be consolidated into a

single proceeding.

Slat. Auth.: ORS Ch.

Rise: DEQ78. f. ~74, cf. 9-2S-74

Notice of Violation

340-12-040 (1) Except as provided in subsection (3) of this

section. prior to the assessment of any civil penalty the

Department shall serve a Notice of Violation upon the

respondent. Service shall be in accordance with rule 340-11-

fYTT.

(2) A Notice of Violation shall be in writing, specify the

violation and state that the Department will assess a civil

penalty if the violation continues or occurs after five days

following receipt of the notice.

(3)(a) A Notice of Violation shall not be required where

the respondent has otherwise received actual notice of the

violation not less than five days prior to the violation for which a penalty is assessed.

(b) No advance notice. written or actual shall be required

where: .

(A) The act or omission constituting the violation is

intentional; .

(B) The violation consists of disposing of solid waste or sewage at an unauthorized disposal site;

(0 The violation consists of constructing a sewage

disposal system without the department's permit;

(D) The water pollution, air pollution. or air contamination source would normally not be in existence for five days; or

(E) The water pollution. air pollution or air contamination source might leave or-be removed from the jurisdiction of the

department.

Slat. Auth.: ORS Ch. 183& 468

1r1Sl: DEQ 78, f. ~74. ei, 9-25-74; DEQ 2S-1979, f. & d.

7-5-79

Mitigating and Aggravating Factors

. J40.12-04S (1) In:establishing the amount of a civil penalty

to be assessed, [he Director may consider the following factors

and shall cite those he finds applicable:

. (a) Whether the respondent has committed any prior

VIolation. regardless of whether or not any administrative,

civil. or criminal proceeding was commenced therefore;

(b) The history of the respondent in taking all feasible

steps or procedures necessary or appropriate to correct any

violation;

(c) The economic and financial conditions of the respondent;

(d) The gravity and magnitude of the violation;

(e) Whether the violation was repeated or continuous;

(f) Whether a cause of the violation was an unavoidable

accident. or negligence, or an intentional act of the respondent;

(g) The opportunity and degree of difficulty to correct the

violation;

(h) The respondent's cooperativeness and efforts to

correct the violation for which the penalty is to be assessed'

(i) The cost to the Department of investigation 'and

correction .of the cited. violation prior to the time the Department receives respondent's answer to the written notice of

assessment of civil penalty; or

(j) Any other relevant factor.

(2) In imposing a penalty subsequent to a hearing, the

Commission shall consider factors (a), (b), and (c). of section

(I) of this rule. and each other factor cited by the Director. The

Commission may consider any other relevant factor.

(3) Unless the issue is raised in respondent's answer to the

written notice of assessment of civil penalty, the Commission

may presume that the economic and financial conditions of

respondent would allow imposition of the penalty assessed by

the Director. At the hearing. the burden of proof and the

burden of coming forward with evidence regarding the

respondent's economic and financial condition shall be upon

the respondent.

1- Div. 12 (April, 1982)
CJ--.

O·J····.

(2) Not less than twenty-five dollars ($2S) nor more than

seven thousand five hundred dollars ($7,500) for any other

violation.

(3)(a) In addition to any pcnaJty which may be asessed

pursuant to sections (I) and (2) of this rule, any person who

intentionally causes or permits the dise:!1arge of oil into the

waters of the state shall incur a civil penalty of not less than

one thousand dollars ($1.000) nor more than twenty thousand

dollars($20,000) for each violation.

(b) In addition to any penalty which may be assessed

punuant to sections (I) and (2) of this rule, any person who

negligently causes or permits the discharge of oil into the

waters of the state shall incur a civil penalty of not less than

five hundred dollars (5500) nor more than fifteen thousand

dollars (SIS ,000) for each violation.

SCat. AuIb.: ORS 01.

Hba: CEQ 78, C. 9-6074.ef. 9-25-74

ORECON ADMINISTRATIVE RULES

CHAPTEK 340. DIVISION 11-DEPARTMENT OF ENVIRONMENTAL QUALITY

SI8L Au.II.: ORS Ch.

HIlI: CEQ 78. f. 9-6074.d. 9-25-74

. On-SIte Sewage Dispo!Ill1 Systems Sclledule of CMI Penalties

340-U-4J60 In addition to any liability. duty. or other

penalty provided by law. the Director may assess a civil

penalty for any violation pertaining to on-site sewage disposaJ

systems.by service of a written notice of· assessment of civil

penalty upon the respondent. The amount of such civil penalty

shall be determined consistent with the following sc:hedule:

(I) Not less than twenty-five dollars ($2S) nor more than

five hundred dollars ($500) upon any person who:

(a) Violates a final order of the Commission requiring

remedial action;

(b) Violates an order of the Commission limiting or

prohibiting installation of on-site sewage disposal systems in an

area;

(c) Installs or causes to be installed an on-site sewage

disposal system, or any part thereof, which fails to meet the

requiremcnts for satisfactory completion within thirty (30)

days after written notification or posting of a Correction

Notice at the site;

(d) Operates or uses a nonwater-earried waste disposal

facility without first obtaining a letter of authorization from theAgent therefore;

(e) Operates or uses a newly constructed. altered or

repaired on-site sewage disposal system. or part thereof.

without first obtaining a Certificate of Satisfactory Complction

from the Agent. except as provided by statute or rule;

(f) Fails to connect all plumbing fixtures from which

sewage is or may be discharged to a Department approved

system;

(g) Commits any other violation pertaining to on-site

sewage disposaJ systems;

(2) No less than one hundred dollars ($100) nor more than

five hundred dollars (S.500) upon any person who:

Water Pollution SdleduJe of CivU Penalties (a) Performs. or advertises or represents himself as being

340-11.055 In addition to any liability, duty. or other in the business of performing. sewage disposal services,

penalty provided by law, the Director may assess a civil without Obtaining and maintaining a current license from the

penalty for any violation relating to water pollution by service Department. except as provided by statute or rule;

of a written notice of assessment of civil penalty upon thc (b) Installs or causes to be installed a subsurface altemarespondent. The amount of such civil penalty shall be deter- live or experimental sewage disposal system or any part

mined consistent with the following schedule: thereof, without first obtaining a permit from the Agent;

(I) Not less than fifty dollars ($.SO) nor more than ten (c) Fails to obtain a permit from the Agent within three

thousand dollars ($10.000) for: days after beginning emergency repairs on a subsurface,

(a) A violation of an order of the Commission or Depart- alternative or experimental sewage disposal system.

ment: (d) Disposes of septic tank, holding tank, chemical toilet,

(b) A violation of a State Waste Discharge Permit or privy or other treatment facility sludges in a manner or location

National Pollutant Discharge Elimination System (NPDES) not authorized by the Department;

permit; (e) Connects or reconnects the sewage plumbing from any

(c) Any violation which causes, contributes to, or dwelling or commercial facility to an existing system without

threatens the discharge of a waste into any waters of the state. first obtaining an Authorization Notice from the Agent; C

(April, 1982) 2-Div.12

AJr QualIty Schedule 01CIvil Pmaltles

~12-0S0 In addition to any liability, duty, or other

penalty provided by law, the Director, or the director of a

regional air quality control authority. may assess a civil penalty

for any violation pertaining to air quality/by service of a

written notice of. assessment of civil penalty upon the respondent. The amoUnt of sudl civil penalty shall be determined

consistent with the fonowing sdlcdule:

(1) Not less than one hundred dollars ($100) nor man! than

ten thousand dollars ($10,000) for violation of an order of the

Commission. Department. or regional air quality control

authority. . (2) Not less than fifty dollars (s.so) nor more than ten

thousand dollars ($10,000) for:

(a) Anyviolaliunof any condition of any Air Contaminant

Discharge Permit. Indirect Source Permit. or variarn:e; or (b) Any violation which causes. contributes to, or threatens the emission of any air contaminant into the outdoor

atmosphere.

(3) Not less than twenty-five dollars (S25) nor more than seven thousand five hundred dollars ($7.soo) for any other

violation.

Stat. Auill.: ORS Ch. 468

HIlI: CEQ 78. f. 9-6074. d; 9-25-74; CEQ 5-1980, f. & d.

1-2&31

Noise Control Sc:bedWe 01CIvil Penalties

~11-O52 In addition to any liability, duty, or other

penalty provided by law, 'the Director may assess a civil

. penalty for any violation pertaining to noise control by service

of a written notice of assessment of civil penalty upon the

respondent. The amount of such civil penalty shall be determined consistent with the following schedule:

(1) Not less than one hundred dollars ($100) nor more than

five hundred dollars ($.SOO) for violation of an ordcr of the

Commission or Department.

(2) Not less than twenty-five dollars ($25) nor more than

five hundred dollars (s.soo) for any violation which causes. substantially contributes to, or will probably cause:

(a) The emission of noise in excess of levels established by

the Commission for any category of noise emission source.

(b) Ambient noise at any type of noise sensitive real

property to exceed the levels established therefor by the

Commission.

(3) Not less than ten dollars ($10) nor more than three

hundred dollars ($300) for any other violation.

SIaL Auth.: ORS Ch.

RIst: CEQ 101, C. &:d. lOoI·7S
OREGON ADMINISTRATIVE RULES

CHAPTER 340. DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

/'." ..-"'.

I (I) Installs or causes to be installed a nonwater-carried

waste disposal facility without first obtaining written approval

from the Agent therefor;

(g) Operates or uses an on-site sewage disposal system

which is failing by discharging sewage or septic tank effluent

onto the ground surface or into surface public waters;

(h) As "a licensed sewage disposal service worker.

performs any sewage disposal service work in violation of the

rules of the Department.

Stat. Auth.: ORS Cb. 468

Hbl: DEQ 78. f. ~74•.ef. 9-2.5-74; DEQ 4-1981. f. & d. 2.(M11

SolId Waste Management ScheduJe 01Civil Penalties

12-065 In addition to any liability, duty, or other

penalty provided by law, the Director may assess a civil

penalty for any violation pertaining to solid waste management

by service of a written notice of assessment of civil penalty

upon the respondent. The amount of such civil penalty shaJl be

determined consistent with the following schedule:

(I) Not less than one hundred dollars ($100) nor more than

five hundred dollars ($500) for' violation of an order of the

Commission or Department. . (2) Not less than fifty dollars ($50) nor more than five

hundred dollars ($500) for any violation which causes. contributes to. or threatens:

(a) A hazard to the public health or safety;

(b) Damage to a natural resouce, including aesthetic

damage and radioactive irradiation;

(c) Air contamination;

(d) Vector production;

(e) A common law public nuisance.

(3) Not less than twenty-five dollars'($25) nor more than

three hundred dollars ($300) for any other violation.

SCat. Aulh.: ORS Ch. 4S9

HIst: DEQ 78. f. 9-6-74. cf. 9-2.5-74; DEQ 1-1982, f. & ef,

1-28-82

Hazardous Waste Management Schedule of Civil Penalties ~12..()68 In addition to any liability. duty, or other

penalty provided by law, the Director may assess a civil

penalty for any violation pertaining to hazardous waste

management by service of a written Notice of Assessment of

Civil Penalty upon the respondent. The amount of such civil

penalty shall be determined consistent with the following

schedule:

(I) Not less than two thousand five hundred dollars

($2.500) nor more than ten thousand dollars ($10.000) upon any

person who:

(a) Establishes. constructs or operates a geographical site

in which or upon which hazardous wastes are disposed without

first obtaining a license from the Commission.

(b) Disposes of a hazardous waste at any location other

than at a hazardous waste disposal site.

(c) Fails to immediately collect, remove or treat a hazardous waste or substance as required by DRS 459.685.

(2) Not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) upon any person who:

(a) Establishes, constructs or operates a geographical site

upon which hazardous wastes are stored or treated without

first obtaining a license from the Department.

(b) Violates a Special Condition or Environmental

Monitoring Condition of a hazardous waste management

facility license.

(c) Dilutes a hazardous waste for the purpose of declassifyingit..

(d) Ships hazardous waste with a transporter that is not in

compliance with OAR Chapter 860, Division 36. or to a

hazardous waste management facility that is not in compliance

with OAR Chapter 340. Division 63.

(e) Ships hazardous waste without a manifest.

(I) Ships hazardous waste without containerizing and

marking or labeling such waste in compliance with OAR

Chapter 340. Division 63.

(g) Fails to immediately report to the Oregon Accident

Response System (Oregon Emergency Management Division)

all accidents or other emergencies which result in the discharge or disposal of hazardous waste.

(3) Not less than one hundred dollars ($100) nor more than

ten thousand dollars ($10.000) upon any person who:

(a) Violates an order of the Commission or Department.

(b) Violates any other condition of a license or written

authorization or violates any other rule or statute.

Slat. Auth.: ORS Cb. 4S9

Rist: DEQ 1-1982. f. & et. 1-28-82

Written Notice of Assessment of CIvil Penalty: When Penalty

Payable. .

~12-670 (I) A civil penalty shall be due and payable

when the respondent is served a written notice of assessment

of civil penalty signed by the Director. Service shall be in

accordance with rule 340-11-097.

(2) The written notice of assessment of civil penalty shall

be in the form prescribed by rule 340-11-100 for a notice of

opportunity for a hearing in a contested case, and shaJl state

the amount of the penalty or penalties assessed.

(3) The rules prescribing procedure in contested case

proceedings contained in Division II shall apply thereafter.

Stat. Auth.: ORS Ch.

Rist: DEQ 78. f. 9-6-74. ef, 9-15-74

Compromise or Settlement of Civil Penalty by Director ~12-67S At any time subsequent to service of the

written notice of assessment of civil penalty. the Director' is

authorized to seek to compromise or settle any unpaid civil

penalty which he deems appropriate. Any compromise or settlement executed by the Director shall not be final until

approved by the Commission.

Stat. Auth.: ORS Ch.

Rist: DEQ 78. f. 9-6-74, ef. 9-15-74

3 - Div. 12 (April, 1982)
/

1355 ~~ 8-1-2>",(

(Search and Seizure Pursuant to

Warrant)

133.545 Issuance of search warrant.

(1) A search warrant may be issued only by a

judge.

(2) Application for a search warrant may be

made only by a district attorney or by any police

officer.

(3) The application shall consist of a proposed warrant in conformance with ORS

133.565, and shall be supported by one or more

SEARCH AND SEIZURE

(Generally)

133.525 Definitions for ORS 133.525

to 133.703. As used in ORS 133.525 to

133.703, unless the context requires otherwise:

(1) "Judge" means any judge of the district

or circuit court, the Court of Appeals, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and

perform the duties of a justice of the peace.

(2) "Police officer" means a sheriff, municipal policeman, member of the Oregon State

Police or investigator of the Criminal Justice

Division ofthe Department of Justice. [1973 c.836

§81; 1979 c,656 §2]

133.530 [Repealed by 1965 c.508 §8]

133.535 Permissible objects of search

and seizure. The following are subject to

search and seizure under ORS 133.525 to

133.703:

(1) Evidence of or information concerning

the commission of a criminal offense;

(2) Contraband, the fruits of crime, or things

otherwise criminally possessed;

(3) Property that has been used, or is possessed for the purpose of being used, to commit

or conceal the commission of an offense; and

(4) A person for whose arrest there is probable cause or who is unlawfully held in .concealment. [1973 c,8::16 §82j'"

133.540 [Repealed by 1965 c.508 §8]

(b) "Qualified interpreter" means a person

who is readily able to communicate with the

handicapped person, translate the proceedings.

and accurately repeat and translate the statements of the handicapped person to the officer

or other person. [197:l (;,:186 §:I: 1981 s.s, c.:l §139]

133.520 [Amended by 1965 c,508 §2; 1973 c,836 §75:

renumbered 133.4501

• I

133.515 Interpreter to be made available to handicapped person. (1) Upon the

arrest of a handicapped person and before interrogating or taking the statement of the handicapped person, the arresting peace officer, or

when the arrest is by a private person, the officer

to whom the handicapped person is delivered,

shall make available to the handicapped person,

at the earliest possible time, a qualified interpreter to assist the handicapped person throughout the interrogation or taking of a statement.

(2) The public employer of the arresting

peace officer or officer to whom the handicapped

person is delivered shall pay the fees and expenses of the qualified interpreter if:

(a) The handicapped person, subsequent to

the arrest, makes a verified statement and provides other information in writing under oath

showing inability to obtain a qualified interpreter, and provides any other information required

by the court having jurisdiction over the offense

for which the handicapped person was arrested

concerning the inability to obtain such an interpreter; and

(b) It appears to the court that the handicapped person was without means and was unable toobtain a qualified interpreter.

(3) As used in this section:

(a) "Handicapped person" means a person

who cannot readily understand or communicate

the English language, or cannot understand the

proceedings or a charge made against the person,

or is incapable of presenting or assisting in the

presentation of a defense, because of deafness, or

because of a physical hearing impairment or

physical speaking impairment.

133.495 Retention of property to

answer order of court. The proceeds of the

sale mentioned in ORS 133.485 and other property seized shall be retained by liens, if not released on bond, to answer any order that may be

entered by the court upon the trial of the person

arrested. [Formerly 142.130]

133,510 [Repealed by 1965 c.508 §8]

133.485 Perishable property;

livestock. If any of the property seized, as

provided in ORS 133.465, is perishable, or livestock or fowls where the cost of keeping is great,

the sheriff shall, upon order of the court, sell the

same in the manner in which lJroperty is sold on

execution. [Formerly 142.120] .

(It:duetin~ the expenses nud costs. shall be paid

into the gcnerul fund of the county, [Formerly

\.1'1.1101

','.

"

, y the court.

.Aperty;

de~l) The

.rson arrested

iless the bona

.r registers his

.on, subject to

I third parties,'

,lic auction by

'as seized.

19 the expense

st of sale, shall

:~o~~~:W:i~~ \~1t igs brought for

balance of the

ne county.

T of any right,

other conveyhe state shows

, by clear and

claimant had

lerconvey~

:of law.

,. be sold under

! proves to the e_lence that the

or other

a.anee had

was to be used

vhich case the

her conveyance

G property sold""

.475 or 133.485 ,t' '.

>roperty to the :ti;;

oerty. [Fo~ \~f

er• If no 0Il'?'

.eyance, as ~.

.ng of the same,

Ie advertised . i in the city'~'

I S no daily ~;.i<'~"" Y or city, in' .t~

~tion in the eit1i~:f.\ ) weeks and ~jJ,~~/

places near tbI~t~::

th of i', ; ,in e case ':1N;f>,

State of ~;~;:J, iSS in the recOsdI >ii'i l of the Depln{:':~,{

be notified bY,;;.[\,

hin 10 days ~:~~g: 'Jertisexnent.. ~)""',

proceeds, ~.

,aA :l

.,~,
PUOCEDURI·; IN CUIMINAL MATTERS G"~NEnALLY - - ._-_.---.

133.615 F

a search warran

specified by th:

with return the

(2) An off

Warrant shall,

(b) Ifthe of

use of deadly p

fend the officer

Or threatened i

force. [1973 c.836

133.610 (An1973c.836 §138; res

133.605 Ue

warrants. (1) 1

officers accompa

· use the degree of

force, against pes

· open containers,

the execution 0

practicable safetj

(2) The use

execution of a se:

(a) If the c

· there is a substai

, will be used to

injury if their s

force used create

persons other th

or

~.

1-.111.-, 133.585 s« ,i~: search shall be on

!~~ warrant and is re :f the persons or tl

1"'" discovery of the I

~It: the officer shall

;i, them and search

i; ": the warrant. If ir

,j~;: officer discovers

;~ warrant, which hr

r:~: to be subject to

-'fif"

~,~ which he did not

}' . to find, he shall ,';

j,t; .,j' things discovered. ;~tt ' : " 133.595 Lis

'I~'~ upon completion i u. make a list of the

;~\. a receipt embody:

'" of whose possession , '~ in apparent cont:

from which they

premises are urn

present in apparel

shall leave the r

vehicle or premiss

B -t - CC,,-/

the circumstances. 1197:~ c.ll:lfj §84!

133.560 (Repealed by 197:\ c.8:lfi §;\f181

133.565 Contents of search warrant.

(1) A search warrant shall be dated and shall be

addressed to and authorize its execution by an

officer authorized by law to execute search war.

rants.

(2) The warrant shall state, or describe with

particularity:

(a) The identity of the judge issuing tnt'

warrant and the date the warrant was issued;.

(b) The name of the person to be searched,

or the location and designation of the premises

or places to be searched;

(c) The things constituting the object of the

search and authorized to be seized; and

(d) The period of time, not to exceed five

days, after execution of the warrant except B-3

provided in subsection (3) of this section, within

which the warrant is to be returned to the issuing authority.

, (3) Except as otherwise provided herein, the

search warrant shall be executed between the

hours of 7 a.m. and 10 p.m. and within five days

from the date of issuance. The judge issuing the

warrant may, however, by indorsement upon the

face of the warrant, authorize its execution at

any time of the day or night and may further

authorize its execution after five days, but not

more than 10 days from date of issuance. [:~.:i

c.836 §85j

133.575 Execution of warrant. (l) :\

search warrant may be executed only within the

period and at the times authorized by the warrant and only by a police officer. A police officer

charged with its execution may be accompanit'd

by such other persons as may be reasonably

necessary for the successful execution of the

warrant with all practicable safety.

(2) The executing officer shall, before el~ter·

ing the premises, give appropriate notice ot h~

identity, authority and purpose to the person to

be searched, or to the person in apparent control

of the premises to be searched, as the case may

be.

(3) Before undertaking any search or seizurt

pursuant to the warrant, the executing officer

shall read and give a copy of the warrant to the

person to be searched, or to the person in app~r~

ent control of the premises to be searched. If t~

premises are unoccupied or there is no one l>~

apparent control, the officer shall leave a copy 0

the warrant suitably affixed t.o the premises.

[1973 e.H:1t3 §861

lil3.555

_affidavits particularly setting forth the facts and

~ircumstancestending to show that such things

are in the places, or in the possession of the

individuals, to be searched. If an affidavit is

based in whole or in part on hearsay, the affiant

shall set forth facts bearing on any unnamed

informant's reliability and shall disclose, as far

as possible, the means by which the information

was obtained.

(4) Instead of the written affidavit described

in subsection (3) of this section, the judge may

take an oral statement under oath when circumstances exist making it impracticable for a district attorney or police officer to obtain a warrant in person. The oral statement shall be

recorded and transcribed. The transcribed statement shall be considered to be an affidavit for

the purposes of this section. In such cases, the

recording of the sworn oral statement and the

transcribed statement shall be certified by the

judge receiving it and shall be retained as a part

of the record of proceedings for the issuance of

the warrant. (1973 c.836 §83]

133.550 [Repealed by 1973 c.836 §358j

133.555 Hearing. (1) Before acting on

the application, the judge may examine on oath

the affiants, and the applicant and any witnesses

he may produce, and may himself call such witnesses as he considers necessary to a decision.

He shall make and keep a record of any testimony taken before him. The record shall be admissible as evidence on any motion to suppress.

(2) If the judge finds that the application

meets the requirements of aRS 133.535 and

that, on the basis of the record made before him,

there is probable cause to believe that the search

will discover things specified in the application

and subject to seizure under ORS 133.535, he

shall issue a search warrant based on his finding

and in accordance with the requirements of aRS

133.545 to 133.615. If he does not so find, the

judge shall deny the application.

(3) The judge may orally authorize a police

officer or a district attorney to sign the judge's

name on a duplicate original warrant. A duplicate original warrant shall be a search warrant

for the purposes of aRS 133.535 to 133.615, and

it shall be returned to the judge as provided in

aRS 133.615. In such cases a judge shall enter on

the face of the original warrant the exact time of

the issuance of the warrant and shall sign and

file the original warrant in the manner provided

bylaw.

(4) Until the warrant is executed, the proceedings upon application for a search warrant

shall be conducted with secrecy appropriate to

i

Ie

I

i

I

1
AUREST ANU UELATED PHOCEDUHES 1:3:3.623 -------------_._------_._-------------_._--------

1357

,8\

cearrant.

11 and shall be

ecution by an

te search warI describe with

ge issuing the

wasissued;

LO be searched,

)f the premises

he object of the

1; and

. to exceed five

rrant except 81

I section, within

ned to the issu-

.idedherein, the

ed between the

within five dayD

judge issuing the

sement upon the

its execution at

lAnay further v~ys, but not

f issuance. 11m

warrant. (1) '·A·::

j only within,tlm:'~

rized by the ~6iT,

r. A police offi~ }~:

1 be accompariit\d~?:

iy be reaso~X execution of . .,-, . ·.i

ety. ''':;1.

hall, before

. .iate notice of: I .:

e to the person,:.

1 apparent ....

I as the case , • :11

i,

'f.

133.585 Scope of scorch. The scope of

search shall be only such as is authorized by the

warrant and is reasonably necessary to discover

the persons or things specified therein. Upon

discovery of the persons or things so specified,

the officer shall take possession or custody of

them and search no further under authorit.y of

the warrant. If in the course of the search the

officer discovers things, not "'specified in the

warrant, which he has probable cause to believe

to be subject to seizure under ORS 133.535

which he did not have probable cause to expect

to find, he shall also take possession of the

things discovered. [1973 c.836 §87]

133.595 List of things seized. Promptly

upon completion of the search, the officer shall

make a list ofthe things seized, and shall deliver

a receipt embodying the list to the person from

whose possession they are taken, or the person

in apparent control of the premises or vehicle

from which they are taken. If the vehicle or

premises are unoccupied or there is no one

present in apparent control, the executing officer

shall leave the receipt suitably affixed to the

vehicle or premises. [1973 c.836 §88)

133.605 Use of force in executing

warrants. (1) The executing officer and other

officers accompanying and assisting him may

use the degree of force, short of deadly physical

force, against persons, or to effect an entry, or to

open containers, as is reasonably necessary for

the execution of the search 'warrant with all

practicable safety.

(2) The use of deadly physical force in the

execution of a search warrant is justifiable only:

(a) If the officer reasonably believes that

there is a substantial risk that things to be seized

will be used to cause death or serious physical

injury if their seizure is delayed and that the

force used creates no substantial risk of.injury to

persons other than those obstructing the officer;

or

(b) If the officer reasonably believes that the

use of deadly physical force is necessary to defend the officer or another person from the use

or threatened imminent use of deadly physical

force. [1973 c.836 §891

133.610 [Amended by 1963 c.511 §1; 1965 c.508 §3;

1973c.836 §138; renumbered 135.070)

133.615 Return of the warrant. (1) If

a search warrant is not executed within the time

specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.

(2) An officer who has executed a search

warrant shall, as soon as is reasonably possible

and in no event later than the date specified in

the warrant, return the warrant to the issuing

judge together with a signed list of things seized

and setting forth the date find time of the search.

(3) Subject to the provisions of subsection

(4) of this section, the issuing judge shall file the

warrant and list returned to him, with the record

of the proceedings on the application for the

warrant made pursuant to ORS 133.555.

(4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to

which the warrant was issued or the offense

apparently disclosed by the things seized, the

judge shall transmit the warrant and the record

of proceedings for its issuance, together with the

documents submitted on the return, to the clerk

of the appropriate court having jurisdiction to

inquire into such offense. [1973 c.836 §90)

133.620 [Amended by 1965 c.508 §4; renumbered

135.075)

(Disposition of Things Seized)

133.623 Handling and disposition of

things seized. (1) The provisions of subsections (2), (3) and (4) of this section apply to all

cases of seizure, except for a seizure made under

a search warrant.

(2) If an officer makes an arrest in connection with the seizure, he shall, as soon thereafter

as is reasonably possible, make a written list of

the things seized and furnish a copy of the list to

the defendant.

(3) If no claim to rightful possession has

been established under ORS 133.633 to 133.663,

the court shall order that the things be delivered

to the officials having responsibility under the

applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. '.

(4) If things seized in connection with an

arrest are not needed for evidentiary purposes,

and if a person having a rightful claim establishes his identity and right to possession beyond a

reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the

things seized to their rightful possessor. If the

things seized are perishable and it is not possible

to return them to their rightful possessor, the

seizing officer may dispose of the items as justice

and the necessities of the case require. [1973 c.836

§1091

133.625 [1961 c.696 §I; 1967 c.475 §l; 1973 c.836

§135; renumbered 135.050)

133.630 [Repealed by 1961 c.696 §4)
PHOCEDURE IN CRIMINAL MATTERS GENERALLY

(E

133.680 [R

133.683

Search. If a s

such a manner

the search WOl

'if as a result

evidence is dis

against a defei

ject to a motid

·tion establishe

dence that sue

.covered by la~

tive of such sd

that exclusion:

to deter violatl

[1973c.836 §1I7J

133.690 [)~

133.6931

· evidence. (1)

:section (2) of t

motion to sUI1

·shall be entitle

or offering evil

.truthfulnesa d

evidence press

-for search or Sl

(2) If the I

Was seized by;

moving party'

good faith,

affiant as to j

issuing authd

· motion, suppl

substantial bai

accuracy and t

(3) In any

· this section, I

· burden of pr~

evidence that I

issuing nuthol

· was not. aceun!

(2) Ifthere is no substantial Question whether the things should be returned to the person

from whose possession they were seized, they

must be returned to the person upon the release

of the defendant from custody.

(3) Instead of-conducting the hearing provided for in paragraph (b) of subsection (1) of

this section and returning or restoring the property, the court in its discretion, may leave the

several claimants to appropriate civil process for

the determination of the claims. [1~)7:1 c.836 ~11:J]

133.665 [Hepealed by HlGl c.2H~1 §:q

133.670 [Renumbered 1:l5.0901

(2) An order granting a motion for return or

restoration of things seized shall be reviewable

on appeal in regular course. An order denYing

such a motion or entered under ORS 133.663

shall be reviewable on appeal upon certification

by the court having custody of the things in

Question that they are no longer needed for

evidentiary purposes. [1973 c.836 §112)

133.660 [Amended by 1961 c.289 §1; 1965 c.50S ~S;

1973 c.836 §139; renumbered 135.085)

133.653 Postponement of return

--

Or

restoration; appellate review. (1) In grant.

ing a motion for return or restoration of t.hings

seized, the court shall postpone execution of the

order until such time as the things in question

need no longer remain available for evidentiary

use.

133.663 Disputed possession rights.

(1) If, upon consideration of a motion for return

or restoration of things seized, it appears to the

court that the things should be returned or restored, but there is a substantial Question wheth-

. er they should be returned to the person from

whose possession "they were seized or to some

other person, or a substantial Question among

several claimants to rightful possession, the

court may:

(a) Return the things to the person from

whose possession they were seized; or

(b) Impound the things seized and set a

further hearing, assuring that all persons with a

possible possessory interest in the things in

Question receive due notice and an opportunity

to be heard; and

(c) Upon completion of the hearing provided

for in paragraph (b) of this subsection, enter an

order for the return or restoration of the things

seized.

1:15H

(4) Although the things seized were subject

to seizure under ORS 133.525 to 133.703, the

movant is or will be entitled to their return or

restoration upon the court's determination that

they are no longer needed for evidentiary purposes; or

(5) The parties in the case have stipulated

that the things seized may be returned to the

movant. [1(17:l e.sas §Ill]

133.650 [Repealed by 197:1 e.sas ~:15l:l1

133.6~j3 Motion for return or restoration of things seized. (1) Within 90 days

after actual notice of any seizure, or at such later

date as the court in its discretion may allow:

(a) An individual from whose person, property or premises things have been seized may

move the appropriate court to return things

seized to the person or premises from which they

were seized.

(b) Any other person asserting a claim to

rightful possession of the things seized may

move the appropriate court to restore the things

seized to the movant.

(2) The appropriate court to consider such

motion is:

(a) The court having ultimate trial jurisdiction over any crime charged in connection with

the seizure; or

(b) If no crime is charged in connection with

the seizure, the court to which the warrant was

returned; or

(c) If the seizure was not made under a warrant and no crime is charged in connection with

the seizure, any court having authority to issue

search warrants in the county in which the

seizure was made. [1973 c.836 §1l0)

133.635 [1961 c.696 §3; 1967 c.628 §2; renumbered

135.080)

133.640 [Repealed by 1965 c.508 §8)

133.643 Grounds for motion for return or restoration of things seized. A

motion for the return or restoration of things

seized shall be based on the ground that the

movant has a valid claim to rightful possession

thereof, because:

(1) The things had been stolen or otherwise

converted, and the movant is the owner or rightful possessor; or

\2) The things seized were not in fact subject

to seizure under ORS 133.525 to 133.703; or

(3) The movant, by license or otherwise, is

lawfully entitled to possess things otherwise

subject to seizure under ORS 133.525 to 133.703;

or

.:

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~t of-, return or

( . rjew d.l) Ill"grant-

! ,)slllrat~J1\ of things

. ~~l1t.ion of ~he '~~ in question

able for evidentiary

motion for return or

shall be reviewable

., An order denying

under ORS 133.663

al upon certification

dy of the things in

! longer needed for

.836 §112)

c.289 §1;1965 c.508 §5;

55)

)ossession rights.

,f a motion for return

red, it appears to the

ld be returned or rential question wheth-

, i to the person from

re seized or to some

rtial question among

rtful possession, the

. _he person from

!~;or . '

'hgs seized and set a

hat all persons with a._

est in the things ~r~; ••_~I'

:e and an opportW-lD.1':::.': ~:{jt.,lN -,ff)iir.i

',t'~'

Ifthe hearing providid, :

is subsection, enter,.

,toration of the thi:i

I.

.antial question wh '.

-eturned to the pe .

:hey were seized,

.erson upon the re

tody.

cting the hearing

b) of subsection q

5 or restoring the

ieretion, may lea~

opriate civil proc

claims. [1973 c.836 I;

'61 c.289 §3\

:15.090)

e

(Evidentiary Exclusion)

I :J:J.H73 Motions to suppress evidence.

( I ) Ohjection~ to lise ill evidence of things seized

ill violation of any of the provisions of ORS

1:1:1.;,2;, to 1:1:1.70:1 shall be made by a motion to

suppress which shall be heard and determined by

any department of the trial court in advance of

trial.

(2) A motion to suppress which has been

denied may be renewed, in the discretion of the

court, on the ground of newly discovered evidence, or as the interests of justice require. [1973

c.83fl §1l4; 1975 c.197 §1]

133.680 [Renumbered 135.095]

133.683 Fruits of prior unlawful

search. If a search or seizure is carried out in

such a manner that things seized in the course of

the search would be subject to suppression, and

if as a result of such search or seizure other

evidence is discovered subsequently and offered

against a defendant, such evidence shall be subject to a motion to suppress unless the prosecution establishes by a preponderance of the evidence that such evidence would have been discovered by law enforcement authorities irrespective of such search or seizure, and the court finds

that exclusion of such evidence is not necessary

to deter violations of ORS 133.525 to 133.703.

[1973 c.836 §117]

133.690 [Renumbered 135)00]

133.693 Challenge to truth of

evidence. (1) Subject to the provisions ofsubsection (2) ofthis section, in any proceeding on a

motion to suppress evidence the moving party

shall be entitled to contest, by cross-examination

or offering evidence, the good faith, accuracy and

truthfulness of the affiant with respect to the

evidence presented to establish probable cause

forsearch or seizure.

(2) If the evidence sought to be suppressed

was seized by authority of a search warrant, the

moving party shall be allowed to contest the

good faith, accuracy and truthfulness of the

affiant as to the evidence presented before the

issuing authority only upon supplementary

motion, supported by affidavit, setting forth

substantial basis for questioning such good faith,

accuracy and truthfulness.

(3) In any proceeding under subsection (2) of

this section, the moving party shall have the

burden of proving by a preponderance of the

~vidence that the evidence presented before the

ISsuing authority was not offered in good faith,

was not accurate and was not truthful.

(.1) Where the motion to suppress challenges

evidence seized as the result of u warrantless

search. the burden of proving by a preponderance of the evidence the validity of the search is

on the prosecution.

(5) The court shall determine whether.

under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression.

[1973 c.8:16 §118J

133.700 [Renumbered 135.105J

133.703 Identity of informants. (1) In

any proceeding on a motion to suppress evidence

wherein, pursuant to ORS 133.693, the good

faith of the testimony presented to establish

probable cause is contested, and wherein such

testimony includes a report of information furnished by an informant whose identity is not

disclosed in the testimony, the moving party

shall be entitled to prevail on the motion to

suppress and evidence obtained as a result of the

information furnished by the informant shall be

suppressed unless:

(a) The evidence sought to be suppressed

was seized by authority of a search warrant and

the informant testified in person before the

issuing authority; or

(b) The judge determines from the affiant by

a preponderance of the evidence that such confidential informant exists and is reliable.

(2) If the defendant is entitled to prevail on

the motion to suppress under subsection (1) of

this section, the evidence obtained as a result of

the information furnished by the informant shall

be suppressed. [1973 c.836 §119]

133.710 [Renumbered 135.115]

133.720 [Renumbered 135.125]

INTERCEPTION OF

COMMUNICATIONS,

133.721 Definitions for ORS 41.910,

133.721, 133.724 and 133.729 to

133.739. As used in ORS 41.910, 133.724,

133.729 to 133.739 and this section, unless the

context requires otherwise:

(1) "Aggrieved person" means a person who

was a party to any wire or oral communication

intercepted under ORS 133.724 or a person

against whom the interception was directed.

(2) "Contents," when used with respect to

any wire or oral communication, includes any

information concerning the identity of the parties to such communication or the existence,

substance, purport or meaning of that communication.

8 -{ - e~
63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session

HOUSE AMENDMENTS TO

HOUSE BILL 2145

By COMMITTEE ON ENVIRONMENT AND ENERGY

April 5

Amended Summary

Punishes failure to obtain hazardous waste disposal site post-closure license or violation of certain rules or

orders ofEnvironmental Quality Commission by maximum fine of$10,000, maximum jail term of one year, or

both. Imposes maximum civil penalty of $10,000 for each day of violation. Makes related changes.

In line 2 of the printed bill, after "waste" insert "; creating new provisions; amending ORS 459.455 and

2 468.125; and repealing ORS 459.455".

3 After line 4, insert:

4 ''SECTION 2. ORS 459.455 is amended to read:

5 "459.455. The commission and the department are authorized to perform or cause to be performed any act

6 necessary to gain interim and final authorization of a hazardous waste regulatory program under the provisions

26 "SECflON 4. (I) ORS 459.455 is repealed.

"(2) The repeal ofORS 459.455 by this section does not become operative until July I, 1987.".

9 commission may adopt, amend or repeal any rule or license and the commission or department may enter into

10 any agreement necessary to implement this section.

11 "SECflON 3. ORS 468.125 is amended to read:

12 "468.125. (1) No civil penalty prescribed under ORS 468.140 shall be imposed until the person incurring the

13 penalty has received five days' advance notice in writing from the department or the regional air quality control

14 authority, specifying the violation and stating that a penalty will be imposed if a violation continues or occurs

15 after the five-day period, or unless the person incurring the penalty shall otherwise have received actual notice of

16 the violation not less than five days prior to the violation for which a penalty is imposed.

17 "(2) No advance notice shall be required [. however, where] under subsection (1) of this section if:

18 "(a) The violation is intentional or consists of disposing ofsolid waste [, hazardous waste] or sewage at an

19 unauthorized disposal site [,] or constructing a sewage disposal system without the department's permit. [or

20 where]

21 "(b) The water pollution, air pollution or air contamination source would normally not be in existence for

22 five days, including but not limited to open burning. [or where]

23 "(c) The water pollution, air pollution or air contamination source might leave or be removed from the

24 jurisdiction of the department or regional air quality control authority, including but not limited to ships.

•

•

7

8

25

ofthe Federal Resource Conservation and Recovery Act, P.L. 94-580 [as amended] and P.L. 98-616, and federal

regulations and interpretive and guidance documents issued pursuant to P.L. 94-580 and P.L. 98-616. The

"(d) The penalty to be imposed is for a violation of ORS 459.410 to 459.450 and 459.460 to 459.690.
•

•

•

63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session

House Bill 2145

Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Department of

Environmental Quality)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to

consideration by the Legislative Assembly. It is an editor's briefstatement ofthe essential features ofthe measure as introduced.

Punishes failure to obtain hazardous waste disposal site post-closure license or violation of certain rules or

orders of Environmental Quality Commission by maximum fine of$1 0,000, maximum jail term of one year, or

both. Imposes maximum civil penalty of$1 0,000 for each day of violation.

A BILL FOR AN ACT

2 Relating to hazardous waste.

3 Be It Enacted by the People of the State of Oregon:

4 SECTION 1. ORS 459.455 and 459.695 are added to and made a part ofORS 459.460 to 459.690.

NOTE: Matter in bold face in an amended section is new; matter [italic and bracketed) is existing law to be omitted.
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

•

• 5

6

63rd OREGON LEGISLATIVE ASSEMBLY-1985 Regular Session

PREVIOUS AMENDMENTS

By House May 23

CONFERENCE COMMITTEE AMENDMENTS 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 &. ~O/ld Waste DIvision

fDJo.~ «rrrirrmo un JUl:l3 ss lJj)
,

J

•

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 standardsfor 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 of the 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 14and 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 of Environmental Quality.

9 "(3) 'Director' means the Director of the Department ofEnvironmental Quality.

10 "(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 of the 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 of a 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) of this subsection on some

19 basis other than the radioactivity ofthe material, container or receptacle. Hazardous waste does include all of the

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 mitigating
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

of insects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants,

fungicides, herbicides, insecticides, nematocides and rodenticides.

"(b) Residues resulting from any process of industry, manufacturing, trade or business or government or

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

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

the residue, because ofits quantity, concentration, or physical, chemical or infectious characteristics may:

"(A) Cause or significantly contribute to an increase in mortality or an increase in 'serious irreversible or

incapacitating reversible illness; or

"(B) Pose a substantial present or potential hazard to human health or the environment when improperly

treated, stored, transported, or disposed of, or otherwise managed.

"(c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or

application ofthe substances described in paragraphs (a) and (b) ofthis subsection.

"(7) 'Hazardous waste collection site' means the geographical site upon which hazardous waste is stored.

"(8) 'Hazardous waste disposal site' means a geographical site in which or upon which hazardous waste is

disposed.

"(9) 'Hazardous waste treatment site' means the geographical site upon which or a facility in which

hazardous waste is treated.

"( 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 of generation to the point of disposal,

treatment or storage.

"(11) 'PCB' has the meaning given that term in ORS 468.900.

" [(1J)] (12) 'Person' means the United States, the state or a public or private corporation, local government

unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

" [(12)](13) 'Store' or 'storage' means the containment ofhazardous waste either on a temporary basis or for

a period ofyears, in a manner that does not constitute disposal ofthe hazardous waste.

" [(13)](14) 'Transporter' means any person engaged in the transportation ofhazardous waste by any means.

" [(14)] (15) 'Treat' or 'treatment' means any method, technique, activity or process, including but not

limited to neutralization, designed to change the physical, chemical, or biological character or composition ofany

hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport,

amenable for recovery, amenable for storage, or reduced in volume.

"SECfION2. Sections 3 to 33 and 43 ofthis Act are added to and made a part ofORS 459.410 to 459.450.

"SECTION 3. (1) The Legislative Assembly finds it is in the interest of public health and safety and

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

disposal of hazardous waste and PCB within Oregon.

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

459.460 to 459.690 to:

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

G

o

o

HA to A-Eng. SB 138 Page 2
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 of ORS 459.410 to 459.450 and 459.460 to 459.695, the

11 commission shall:

12 "( I) Limit the number offacilities 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.

22 "( I) The proposed facility location:

23 "(a) Is suitable for the type and amount of hazardous 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 of the 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 9 ofthis 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) 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

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

"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:

"(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 PCB generated by

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6 "(b) A finding that operation ofthe proposed facility would result in a higher level of protection ofthe public

7 health and safety or environment; or

8 "(c) Significantly lower treatment or disposal costs to Oregon companies.

9 "(5) The proposed hazardous waste or PCB treatment or disposal facility has no major adverse effect on

10 either:

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12 "(b) Environment of adjacent lands.

13 "SECTION 6. As a condition to the issuance of a renewal license under ORS 459.410 to 459.450 and

14 459.460 to 459.690, the commission may require the applicant to comply with all or some of the criteria set forth

15 in section 5 ofthis 1985 Act.

16 "SECTION 7. Before issuing a license for a facility designed to treat or dispose of hazardous waste or PCB,

23 facility in compliance with the provisions ofORS 459.410 to 459.450 and 459.460 to 459.690 or any condition

24 imposed on the licensee by the commission.

25 "SECTION 8. The Environmental Quality Commission may, by rule, designate classesoffacilities designed

26 to treat or dispose ofhazardous waste or PCBthat shall be subject to the provisions of sections 4 to 27 of this 1985

27 Act.

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

29 PCB treated or disposed of at a facility in order to protect the public health and safety and environment of

30 Oregon.

31 "SECTION 10. Whenever the Environmental Quality Commission finds there is a need for an additional

32 hazardous waste or PCB treatment or disposal facility according to the criteria established in section 5 of this

33 1985 Act, the commission shall establish an application period during which persons may apply for a PCB

34 disposal facility license according to the provisions of sections 15 to 20 of this 1985 Act or a hazardous waste

35 disposal facility license under ORS 459.4 IO to 459.450 and 459.460 to 459.690.

36 "SECTION 11. (I) Upon request, the department shall furnish an application form to any person interested

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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 inowning and operating other similar facilities, if any, indicates an ability and willingness to operate the proposed

in developing or constructing a hazardous waste or PCB treatment or disposal facility. Each such form shall

contain:

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36 "SECTION 15. The department shall:

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"(a) The name and address of the applicant.

"(b) A statement offinancial condition of the applicant, including assets, liabilities and net worth.

"(c) The experience of the applicant in construction, management, supervision or development of hazardous

waste or PCB treatment or disposal facilities and in the handling ofsuch substances.

"(2) The department shall also require the submission of such information relating to the construction,

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

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

make a decision on granting or denying a license.

"(3) Ifthe application is for a new license to operate a new hazardous waste or PCB treatment or disposal

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

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

appropriated to the department for payment of the department's administrative expenses incurred in the process

oflicensing the treatment or disposal facility. Any portion ofthe fee that exceeds the department's administrative

expenses shall be refunded to the applicant.

"(4) If the application is for the renewal of an existing license, the application shall be accompanied by a fee

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

processingthe renewal application. If the department incurs expenses in excessof the estimated fee, the applicant

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.

"SECTION 12. (1) To aid and advise the director and the commission in the selection of a hazardous waste

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

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

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

nonvoting member of each committee.

"(2) The advisory committees appointed under subsection (I) ofthis section shall review applications during

an application period established under section 10 of this 1985 Act and make recommendations on the

applications to the commission.

"SECTION 13. As used in sections 13to 33 ofthis 1985Act, 'PCB disposal facility' includes a facility for the

treatment or disposal of PCB.

"SECTION 14. (1) No person shall treat or dispose of any PCB anywhere in this state except at a PCB

disposal facility licensed pursuant to sections 4 to 33 of this 1985 Act.

"(2) No person shall establish, construct or operate a PCB disposal facility without a license therefor issued

under sections 4 to 33 of this 1985 Act.

"(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 of state and local governmental agencies engaged in activities

subject to the provisions ofsections 4 to 33 of this 1985 Act.

"SECTION 16. In accordance with applicable provisions ofORS 183.3lO'to 183.550, the commission shall:

"( I) Adopt rules and issue orders, including but not limited to establishing minimum requirements for the

disposal of PCB, minimum requirements for operation, maintenance, monitoring, reporting and supervision 'of

disposal facilities, and requirements and procedures for selection ofsuch facilities.

"(2) Adopt rules and issue orders relating to the procedures ofthe department with respect to hearings, filing

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

468.900 to 468.921.

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

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 (I) 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:

"(I) 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 of the 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 of such 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 of the 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 of the 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 of the license application.

"(2) The notice shall contain information regarding the approximate location of the 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

PCB disposal 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. (I) At the close ofthe application period under section 10 ofthis 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 (I) 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. (I) 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 license or any provisions of sections 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 of the 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 of the 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 offer 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, if PCB 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. Ifthe 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 (1) 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 of PCB including but not limited to familiarization

22 with all contingency plans.

23 "(L) If disposal 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

2S 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 of the

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. (I) 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.

S "(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.

11 "(g) 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.

1S "(i) Grant the commission the first opportunity to purchase the PCB disposal facility if the licensee offers the

16 facility for sale.

17 "U) Maintain records of any PCB identified under provisions of sections 4 to 33 of this 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 of time 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

3S 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

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15 "SECTION 32. (I) The PCB disposal facility license shall require a fee based either on the volume of PCB

16 accepted at the facility or a percentage of the fee collected, or both. The fees shall be calculated in amounts

17 estimated to produce over the facility use period a sum sufficient to:

18 "(a) Secure performance oflicense requirements;

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commission may modify or waive any ofthe requirements ofthis chapter, but not ORS 469.375 or 469.525, if the

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. (I) The department may limit, prohibit or otherwise restrict the treatment or disposal of

PCB at a disposal facility if appropriate to protect public health and safety or the environment.

"(2) The department shall monitor the origin and volume ofPCB received at a disposal facility acquired and

regulated under section 30 of this 1985 Act, and may curtail or reduce the volume of the PCB that may be

accepted for disposal as necessary to:

"(a) Protect public health and safety or the environment; or

"(b) Assure that the operation ofthe facility is economically feasible.

"(3) The department shall not accept any PCB at a disposal facility owned by the state from a state that is not

a party to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS

469.930.

"(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.

"(2) The amount so paid shall be held in a separate account and when the amount paid in by the licensee

together with the earnings thereon equals the amount ofthe financial assurance required under subsection (2) of

section 27 of this 1985 Act, the licensee shall be allowed to withdraw the financial assurance.

"(3) If the facility is closed before the fees reach an amount equal to the financial assurance, appropriate

adjustment shall be made and the reduced portion ofthe financial assurance may be withdrawn.

"SECTION 33. (I) At the time a PCB disposal facility is closed, the person licensed under sections 4 to 33 of

this 1985 Act to operate the facility must obtain a post-closure license from the department.

"(2) A post-closure license issued under this section must be maintained until the end of the post-closure

period established by the commission by rule.

"(3) In order to obtain a post-closure license the licensee must provide post-closure care which shall include

at least the following:

"(a) Monitoring and security ofthe PCB disposal facility; and

"(b) Any remedial action necessary to protect the public health and safety and environment.

"(4) The commission may by rule establish a post-closure license application fee.

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

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11 '"SECTION 36. ORS 767.457 is amended to read:

12 "767.457. (1) The commissioner shall adopt rules setting standards for the safe transportation of hazardous

13 waste, [as defined in ORS 459.410.] hazardous substance and PCB by all transporters.

14 "(2) The authority granted under this section:

15 "(a) Is in addition to any other authority granted the commissioner.

16 "(b) Does not supersede the authority ofthe Energy Facility Siting Council to regulate the transportation of

17 radioactive materials under ORS 469.530.

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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.

"(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 ofsuch waste;

"(c) Furnish information on the chemical composition of such hazardous waste to persons transporting,

treating, storing or disposing ofsuch 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 of generator 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 disposalfacility 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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5 "(b) Commence operation, management or supervision of the hazardous waste disposal facility on

6 cO,mpletion ofthe project and not to permanently discontinue such operation, management or supervision of the

7 facility without the approval ofthe 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

\0 the people ofthis state.

1\ "(d) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably

\2 foreseeable risks.

\3 "(e) Restore, to the extent reasonably practicable, the facility to its original condition when use ofthe area is

14 terminated as a site.

15 "(f) Maintain a cash bond or other equivalent financial assurance in the name of the 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

18 remedial action by the state necessary to protect the public health, welfare and safety and the environment

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"(2) Each hazardous waste disposal facility licensee under DRS 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 DRS 459.410 to 459.450 and 459.460 to 459.690 and the rules adopted thereunder.

following facility closure. The financial assurance shall remain on deposit for the duration ofthe license and until

the end of the post-closure period, except as the assurance may be released or modified by the department.

2\ "(g) Report periodically on the volume ofmaterial received at the facility and the fees collected therefor.

22 "(h) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the

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. DRS 459.635 is amended to read:

28 "459.635. [The legislature finds that there is an urgent need for 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:

3\ "(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 DRS 469.375 or

• 37 469.525, if it finds that such waiver or modification:

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" [(1)) (a) Is necessary to make operation ofthe facility or siteeconomically 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., (I) 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 ofthe total project costs for facilities for the disposal of solid

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 ofthe State of Oregon, 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 municipal corporation, 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 of real property for the

disposal by storage of environmentally hazardous wastes.

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HA to A-Eng. S8 '138 Page 14
7 "(2) The facilities referred to in paragraphs (a) to (c) of subsection (I) of this section shall be only such as

8 conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from

9 revenues, gifts, grants from the Federal Government, user charges, assessments and other fees.

10 "(3) The facilities referred to in paragraphs (d), (f) and (g)ofsubsection (I) ofthis section shall be only such as

II conservatively appear to the department to be not less than 70 percent self-supporting and self-liquidating from

12 revenues, gifts, grants from the Federal Government, user charges, assessments and other fees.

13 "(4) The real property and facilities referred to in (paragraph UJ] paragraphs (j) and (k) ofsubsection (1) 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.

25 sessions.

26 "(8) The department may assess those entities to whom grants and loans are made under this section to

27 recover expenses incurred in administering this section.

28 "SECTION 43. No new PCB disposal facility shall be constructed on or after January I, 1985, without first

29 complying with sections 4 to 33 ofthis 1985 Act.

30 "SECTION 44. Within 270 days after the etTectivedate ofthis Act, the Environmental Quality Commission

31 shall adopt rules according to the applicable provisions ofORS 183.310 to 183.550 to carry out the provisions of

32 sections 4 to 33 ofthis Act.

33 "SECTION 45. (I) The Environmental Quality Commission shall establish an application period under

34 section 10 ofthis Act and first begin to receive applications for operation ofa PCB disposal facility not later than

35 270 days after the commission first adopts rules under section 16 ofthis Act.

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"0) To dispose of environmentally hazardous wastes by the Department of Environmental Quality

whenever the department finds that an emergency exists requiring such disposal.

"(j) 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.

"(5) The department may sell or pledge any bonds, notes or other obligations acquired under paragraph (b) of

subsection (I) ofthis 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 ofthe JOInt Committee

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

"(2) This section is repealed July 1, 1987.

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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

after January 31, 1984, but not yet approved on the effective date ofthis Act.

"SECTION 47. Notwithstanding section 46 of this Act, an individual licensed under ORS 459.410 to

459.450 and 459.460 to 459.690 as ofthe day immediately preceding the effective date of this Act, who is subject

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

license under ORS 459.410 to 459.450 and 459.460 to 459.690 as amended by this Act until the license issued to

the individual before the effective date of this Act under ORS 459.410 to 459.450 and 459.460 to 459.690 has

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

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

by the individual, until the expiration of the license. Any person operating under a license issued under ORS

459.410 to 459.450 and 459.460 to 459.690 whose license expires after the effective date of this Act but before the

commission adopts rules under section 44 of this Act may continue to operate according to the terms of the

expired license until such time as the commission has adopted rules to carry out the provisions ofthis Act and

either issues or denies a renewal license according to the provisions ofORS 459.410 to 459.450 and 459.460 to

459.690 as amended by this Act.

"SECTION 48. Notwithstanding any other provision of this Act, the commission shall process any

application submitted to the commission on or before January 31, 1984, for renewal ofa license to operate a PCB

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

for which an application to renew the license was submitted according to the criteria of this section shall continue

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

"SECTION 49. ORS 459.530 is repealed.

"SECTION 50. This Act being necessary for the immediate preservation of the public peace, health and

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

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•

'.

Hazardous Waste

Management Rules

Oregon Administrative Rules

Chapter 340 -

Department of Environmental Quality

Hazardous and Solid Waste Division

522 S.W. Fifth Avenue

P.O. Box 1760

Portland, Oregon 97207
•

•

Hazardous Waste

Management Rules

Oregon Administrative Rules

Chapter' 340·

Divisions 100-110

Current as of July 19, 1985

Department of Environmental Quality

Hazardous and Solid Waste Division

522 S.W. Fifth Avenue

P.O. Box 1760

Portland, Oregon 97207
• DEPARTMENT OF ENVIRONMENTAL QUALITY

Hazardous and Solid Waste Division

522SW 5thAvenue

P.O. Box1760

Portland. OR97207

229-5913

Regional Offices

Northwest Region

522S.w. 5thAvenue

P.o. Box 1760

Portland. OR97207

229-5263

Eastem Region

700 S.E. Emigrant

SuiteJ30

Pendleton.Oregon 97801 27~

•

Wlllamette Valley Region

895SummerStreet. NE

Salem. OR97310

378-8240

Southwest Region

201W.Main St..Suite2~

Medford. Oregon 97501

776-6010

Central Region

2150N.E. StudioRoad

Bend. Oregon 97701

388-6146

•

For information or assistance with DEQ's Hazardous Waste Rules, contact the

DEQ Regional Office serving your area, or the Hazardous and Solid Waste Division.
DIVISION 100

HAZARDOUS WASTE MANAGEMENT

Hazardous Waste Management System: General

340-100-001

340-100-002

340-100-003

340-100-004

340-100-010

340-100-011

340-100-020

340-100-021

340-100-022

Purpose and scope.

Adoption of United States Environmental Protection Agency

Hazardous Waste Regulations.

Confidentiality.

Table of contents, Divisions 100 to 110.

Definitions.

References.

Petitions, general.

Petitions for equivalent testing or analytical methods.

Petitions to amend Division 101 to exclude a waste produced at

a particular facility.

Ie

Authority: ORS Chapter 468, including 468.020; 459, including 459.440;

and 183.

ZRULE.OA (7/19/85) -1-
Purpose and scope.

340-100-001 The Department finds that increasing quantities of

hazardous waste are being generated in Oregon which, without adequate

safeguards, can create conditions that threaten public health and the

environment. It is therefore in the public interest to establish a

comprehensive program to provide for the safe management of such waste.

The purpose of the management program contained in Divisions 100 to

110 of this Chapter is to control hazardous'waste from the time of

generation through transportation, storage, treatment and disposal. Waste

reduction at the point of generation, beneficial use, recycling and

treatment are given preference'to'landdisposal. TO.this end, the

Department intends to minimize the number of disposal, sites and to tightly

control their operation.

Divisions 100 to 106 incorporate, by reference, hazardous waste

management regulations of the federal program,included in 40CFR Parts 260·

to 266, 270 and Subpart A of 124, into Oregon Administrative Rules.

Therefore, persons must consult these parts of·40 CFR in addition to

Divisions 100 to 106 of these rules to determine all applicable hazardous

waste management requirements.

A secondary purpose is to obtain EPA Final Authorization to manage

hazardous waste in Oregon in lieu of the federal program.

Adoption of United States Environmental Protection Agency Hazardous Waste

Regul'at.Lona..

340-100-002 Except as otherwise modified or specified by OAR

Chapter 340, Divisions 100 to 106, the rules and regulations governing the

management of hazardous waste, including its generation, transportation by

air or water, treatment, storage and disposal, prescribed by the United

States Environmental Protection Agency in Title 40 Code of Federal

Regulations, Part 260 to 266, 270 and Subpart A of 124, and amendments

thereto promulgated prior to May 1, 1985, are adopted and prescribed by the

Commission to be observed by all persons subject 'to ORS 459.410 to 459.450,

and 459.460 to 459.695.

Confidentiality.

340-100-003 (1) The provisions of this rule replace the provisions of

40 CFR 260.2.

(2) Records, reports, and information submitted pursuant to these

rules may be claimed as confidential by the submitter. Such claim must be

asserted at the time of submission by stamping the words "confidential

business information" or the equivalent on each page containing such

information. If no claim is made at the time of submission, the Department

may make the information available to the public without further notice.

If a claim is asserted, the information will be treated in accordance with

ORS 192.500 and 459.460.

(3) Records, reports, and information submitted pursuant to these

rules shall be made available to EPA upon request. If the records,

reports, or information has been submitted under a claim of confidentiality, the state shall make that claim of confidentiality to EPA for the

requested records, reports or information. The federal agency shall treat

the records, reports or information that is subject to the confidentiality

claim as confidential in accordance with applicable federal law.

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(Comment: It is suggested that claims of confidentiality be

restricted to that information considered absolutely necessary and that

such information be clearly separated from the remainder of the

submission.)

Table of contents, Divisions 100 to 110.

340-100-004 The following Divisions including the incorporation of

regulations in 40 CFR Parts 260 to 266, 270 and 124, comprise the Oregon

hazardous waste management program:

Diyision

100

101

102

103

104

105

106

108

109

110

Subject

Hazardous Waste Management System: General

Identification and Listing of Hazardous Waste

Standards Applicable to Generators of Hazardous Waste

Standards Applicable to Transporters of Hazardous Waste

by Air or Water

Standards for Owners and Operators of Hazardous Waste

Treatment, Storage and Disposal Facilities

Management Facility Permits

Permitting Procedures

Spills and Other Incidents

Management of Pesticide Wastes

Polychlorinated Biphenyls (PCBs)

Definitions.

4It 340-100-010 (1) The definitions of terms contained in this rule

modify, or are in addition to, the definitions contained in 40 CFR 260.10.

(2) When used in Divisions 100 to 110 of this Chapter, the following

terms have the meanings given below:

(a) "Administrator" means:

(A) The "Department," except as specified in paragraphs (2)(a)(B) or

(C) of this rule;

(B) The "Commission," when used in 40 CFR 261.10 and 261.11; or

(C) The Administrator of the U.S. Environmental Protection Agency,

when used in 40 CFR 262.50.

(b) "Aquatic LC50" (median aquatic lethal concentration) means that

concentration of a substance which is expected in a specific time to kill

50% of an indigenous aquatic test population (i.e., fish, insects or other

aquatic organisms). Aquatic LC50 is expressed in milligrams of the

substance per liter of water.

(c) "Beneficiation of ores and minerals" means the upgrading of ores

and minerals by purely physical processes (e.g., crushing, screening,

settling, flotation, dewatering and drying) with the addition of other

chemical products only to the extent that they are a non-hazardous aid to

the physical process (such as flocculants and deflocculants added to a

froth-flotation process).

(d) "Collection." See "Storage."

(e) "Commission" means the Environmental Quality Commission.

(f) "Department" means the Department of Environmental Quality except

it means the Commission when the context relates to a matter solely within

the authority of the Commission such as: the adoption of rules and

issuance of orders thereon pursuant to ORS 459.440, 459.445 and 468.903;

ZRULE.OA (7/19/85) -3-
the making of findings to support declassification of hazardous wastes

pursuant to ORS 459.430(3); the issuance of exemptions pursuant to ORS

459.505(2); the issuance of disposal site permits pursuant to ORS

459.580(2);and the holding of hearings pursuant to ORS 459.560, 459.580(2),

459.620, 459.650, and 459.660.

(g) "Director" means:

(A) The "Department," except as specified in paragraph (2)(g)(B) of

this rule; or

(B) The "permitting body," as defined in section (2) of this rule,

when used in 40 CFR 124.5, 124.6, 124.8, 124.10, 124.12, 124.14, 124.15 and

124.17.

(h) "Disposal" means the discharge, deposit, injection, dumping,

spilling, leaking, or placing of any hazardous waste or hazardous substance

into or on any land or water so that the hazardous waste or hazardous

substance or any constituent thereof may enter the environment or be

emitted into the air or discharged into any waters of the state as defined

in ORS 468.700.

(i) "EPA" or "Environmental Protection Agency" means the Department of

Environmental Quality.

(j) "EPA Form 8700-12" means EPA Form 8700-12 as modified by the

Department.

(k) "Existing hazardous waste management (HWM) facility" or "existing

facility" means a facility which was in operation or for which construction

commenced on or before November 19, 1980, or is in existence on the

effective date of statutory or regulatory changes under Oregon law that

render the facility subject to the requirement to have a permit. A

facility has commenced construction if:

(A) The owner or operator has obtained the federal, state, and local

approvals or permits necessary to begin physical construction; and either

(B) (i) A continuous on-site, physical construction program has begun,

or

(ii) The owner or operator has entered into contractual obligations-- .

which cannot be cancelled or modified without substantial loss--for

physical construction of the facility to be completed within a reasonable

time.

(1) "Extraction of ores and minerals" means the process of mining and

removing ores and minerals from the earth.

(m) "Generator" means the person who, by virtue of ownership,

management or control, is responsible for causing or allowing to be caused

the creation of a hazardous waste.

(n) "Hazardous substance" means any substance intended for use which

may also be identified as hazardous pursuant to Division 101.

(0) "Hazardous waste" means a hazardous waste as defined in 40 CFR

261.3.

(p) "Identification number" means the number assigned by EPA to each

generator, transporter, and treatment, storage and disposal facility.

(q) "License." See "Permit."

(r) "Management facility" means a hazardous waste treatment, storage

or disposal facility.

(s) "Off-site" means any site which is not on-site.

(t) "Oxidizer" means any substance such as a chlorate, permanganate,

peroxide, or nitrate, that yields oxygen readily or otherwise acts to

stimulate the combustion of organic matter (see 40 CFR 173.151).

(u) "Permitting body" means:

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rule and in 40 CFR

of Environmental

These materials are

(A) The Department of Environmental Quality, when the activity or

action pertains to hazardous waste storage or treatment facility permits;

or

(B) The Environmental Quality Commission, when the activity or action

pertains to hazardous waste disposal facility permits.

(v) "Permit" or "license" means the control document that contains

the requirements of ORS Chapter 459 and Divisions 104 to 106. Permit

includes permit-by-rule and emergency permit. Permit does not include any

permit which has not yet been the subject of final Department action, such

as a draft permit or a proposed permit.

(w) "RCRA" or "Resource Conservation and Recovery Act," when used to

refer to a federal law, means Oregon law.

(x) "RCRA permit" means Oregon hazardous waste management facility

permit.

(y) "Regional Administrator" means:

(A) The "Department," except as specified in paragraphs (2)(y)(B) or

(C) of this rUle;

(B) The "permitting body," as defined in section (2) of this rule,

when used in 40 CFR 124.5, 124.6, 124.8, 124.10, 124.12, 124.14, 124.15 and

124.17.

(C) The "Commission," when used in 40 CFR 260.30 through 260.41.

(z) "Residue" means solid waste as defined in 40 CFR 261.2.

(aa) "Site" means the land or water area where any facility or

activity is physically located or conducted, including adjacent land used

in connection with the facility or activity.

(bb) "Spill" means unauthorized disposal.

(cc) "Storage" or "collection" means the containment of hazardous

waste either on a temporary basis or for a period of years, in a manner

that does not constitute disposal of the hazardous waste.

(dd) "Waste management unit" means a contiguous area of land on or in

which waste is placed. A waste management unit is the largest area in

which there is a significant likelihood of mixing of waste constituents in

the same area. Usually this is due to the fact that each waste management

unit is subject to a uniform set of management practices (e.g., one liner

and leachate collection and removal system). The provisions in the

Division 104 regulations (principally the technical standards in

Subparts K-N of 40 CFR Part 264) establish requirements that are to be

implemented on a unit-by-unit basis.

References.

340-100-011 (1) In addition to the publications listed in 40 CFR

260.11, when used in Divisions 100 to 110, the following publications are

incorporated by reference:

(a) Code of Federal Regulations, Title 40, U.S. Environmental

Protection Agency.

(b) Code of Federal Regulations, Title 49, U.S. Department of

Transportation.

(2) The references listed in section (1) of this

260.11 are available for inspection at the Department

Quality, 522 SW Fifth Ave., Portland, Oregon, 97204.

incorporated as they exist on April 30, 1985.

ZRULE.OA (7/19/85) -5-
Petitions, general.

340-100-020 (1) Any person may petition the Department to approve an

equivalent testing or analytical method or may petition the Commission to

exclude a waste produced at a particular facility. This rule sets forth

general requirements which apply to all such petitions.

(2) Persons submitting petitions shall comply with the requirements of

40 CFR 260.20.

(3) After evaluating all public comments, the Department or Commission

as appropriate will make a decision to grant or deny the petition. Persons

commenting on the petition will be notified and the decision placed in the

public record.

Petitions for equivalent testing or analytical methods.

340-100-021 (1) Any person seeking to add a testing or analytical

method to Divisions 101, 104 or 105 shall petition under this rule and rule

340-100-020.

(2) Persons submitting petitions shall comply with the requirements of

40 CFR 260.21.

(3) If the Department permits use of a new testing or analytical

method, the method will be made available for public inspection in the

manner indicated in rule 340-100-011(2).

(Comment: In most instances, the Department will not consider

approving a testing or. analytical method until it has been approved by

EPA.)

Petitions to amend Division 101 to exclude a waste produced at a par~icular

facility.

340-100-022 (1) Any person seeking to exclude a waste at a particular

generating facility from the lists in Subpart D of Part 261 shall petition

under this rule and rule 340-100-020.

(2) Persons submitting petitions shall comply with the requirements of

40 CFR 260.22.

(3) The Commission may (but shall not be required to) grant a

temporary exclusion before making a final decision under 40 CFR 260.20(d)

whenever it finds that there is a substantial likelihood that an exclusion

will be finally granted. The Commission will place any such temporary

exclusion in the public record.

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340-101-001

340-101-004

340-101-005

340-101-032

340-101-033

340-101-034

DIVISION 101

HAZARDOUS WASTE MANAGEMENT

Identification and Listing of

Hazardous Waste

Purpose and scope.

Exclusions.

Special requirements for hazardous waste produced by small

quantity generators.

Hazardous waste from specific sources.

Additional hazardous wastes•.

Basis for listing hazardous waste.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440;

and 183.

ZRULE.1A (7/19/85) -1-
Purpose and scope.

340-101-001 (1) The purpose of this Division is to identity those

residues which are subject to regulation as hazardous wastes under

Divisions 100 to 108 of this Chapter.

(2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

Exclusions.

340-101-004 (1) The provision of 40 CFR'26l.4(b)(7) is deleted and

replaced with section (2) of this rule.

(2) Residues from the extraction and benef.iciation of ores and

minerals (including coal), including phosphate rock and overburden.from the

mining of uranium ore, are not hazardous waste.

(Comment: The State program is more stringent than the federal

program in that the latter also excludes residues from processing.)

Special requirements for hazardous waste produced by small quantity

generators.

340-101-005 (1) The provisions of 40 CFR 261.5(b)·and 261.5(g) are

deleted and replaced with sections (2), (3), (4) and (5) of this rule.

(2) Except for those wastes identified in 40 CFR 261.5(e) and (f), a

small quantity generator's hazardous wastes are subject to regulation

under Divisions 100 to 108 only to the extent of generator compliance

with the requirements of OAR 340-101-005(3) and the owner or operator of

a treatment or storage facility's compliance with the requirements of

OAR 340-101-005(4).

(3) In order for hazardous waste generated by a small quantity

generator to be excluded from full regulation under 40 CFR 261.5, the

generator must:

(a) (A) Comply with 40 CFR 262.11; and

(B) If he generates more than 200 pounds in a calendar month, comply

with 40 CFR 262.12(a), 262.30, 262.31, and 262.32(a).

(b) If he stores his hazardous waste on-site, store it in compliance

with the requirements of 40 CFR 261.5(f); and

(c) If the quantity generated in a calendar month exceeds the small

quantity disposal exemptions indicated in section (5) of this rule: Either

treat or dispose of his hazardous waste in an on-site facility, or ensure

delivery to an off-site storage, treatment or disposal facility, either of

which is:

(A) Permitted under Division 105;

(B) In interim status under 40 CFR Parts 265 and 270;

(C) Authorized to manage hazardous waste by a state with a hazardous

waste management program approved under 40 CFR Part 271;

(d) If the quantity generated in a calendar month is equal to or less

than the small quantity disposal exemptions indicated in section (5) of

this rule:

(A) Either treat or dispose of his hazardous waste in an on-site

facility, or ensure delivery to an off-site storage, treatment or disposal

facility, either of which is:

(i) Permitted under Division 105;

(ii) In interim status under 40 CFR Parts 265 and 270;

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ZRULE.1A (7/19/85) -2-
(iii) Authorized to manage hazardous waste by a state with a hazardous

waste"management program approved under 40 CFR Part 271; or

(iv) Permitted, licensed.or registered by a state to manage municipal

or industrial solid waste. Additionally, the generator shall:

(I) Securely contain the waste to minimize the possibility of waste

release prior to burial; and

(II) Obtain permission from the waste collector or from the landfill

permittee, as appropriate, before depositing the waste in any container for

subsequent collection or in any landfill for disposal. In the event that

the waste collector or landfill permittee refuses to accept the waste, the

Department shall be contacted for alternative disposal instructions.

(4) The owner or operator of an off-site facility that treats or

stores hazardous waste obtained only from small quantity generators in

amounts greater than 200 pounds but less than 2000 pounds of hazardous

waste in a calendar month must obtain a letter of authorization from the

Department as required by rule 340-105-100. Owners or operators of offsite facilities that treat or store more than 2000 pounds per calendar

month are fully sUbject to regulation under Divisions 100 to 108.

(5) The following small quantity exemption levels shall be used for

purposes of section (3) of this rule:

Small Quantity Small Quantity

Hazardous DispOsal Exemption Hazardous Disposal Exemption

Waste No. (lb. per month) Waste No. Ub. per month)

D001 25 F001 200

D002 200 F002 200

D003 Determined by the F003 25

Dept. on an indivi- F004 200

dual basis, but F005 25

not to exceed 200 F006 200

D004 10 FOQ7 10

D005 200 F008 10

D006 10 F009 10

D007 200 F010 10

D008 200 F011 10

D009 10 F012 10

D010 200 F024 200

D011 200 F020 2

D012 10 F021 2

DOn 10 F022 2

D014 10 F023 2

D015 10 F026 2

D016 10 F027 2

D017 10 F028 10

K001 10 K073 200

K002 200 K106 10

K003 200 K031 10

K004 200 K032 10

K005 200 K033 10

K006 200 K034 10

K007 200 K097 10

K008 200 K035 10

ZRULE.1A (7/19/85) -3-
Small Quantity Small ·Quantity

Hazardous Disposal Exemption Hazardous Disposal Exemption

Waste No. (lb. per month) Waste No. (lb. per month) C

K009 200 K036 10

K010 200 K037 10

K011 200 K038 10

K013 200 K039 10

K014 200 K040 10

K015 10 K041 10

K016 200 K098 10

K017 200 K042 10

K018 200 K043 10

K019 200 ,K099 10

K020 200 K044 200.

K021 200 K045 200

K022 200 K046 200

K023 200 K047 200

K024 200 K048 200

K025 200 K049 200

K026 200 K050 200

K027 200 K051 200

K028 200 K052 200

K029 200 K061 200

K093 200 K062 200

K094 200 K069 200

K095 200 K100 200

K096 200 K084 10

K030 200 K101 ,10

K083 C' 200 K102 10

K103 200 K086 200

K104 200 K060 200

K085 200 K087 200

K105 200 K088 200

K071 10

P001 to P999 - Commercial chemical products 2

or intermediates

P001 to P999 - Spill cleanup 200

P001 to P999 - Process waste as defined 10

in 340-101-040(2)(a)

U001 to U999 - Commercial chemical products 10

or intermediates

U001 to U999 - Process waste as defined in 10

340-101-040(2)(b)

X001 - Pesticide waste as defined in 10

340-101-045

All F, K, U and X listed spill cleanup 2000 0

ZRULE.1A (7/19/85) -4-
Hazardous constituents

for which listed

Hazardous waste from specific sources.

340-101-032 The following hazardous wastes are added to and made a

part of the list of hazardous wastes in 40 CFR 261.32:

K088 • • • Spent potliner from primary aluminum

reduction - Hazard code: R, T

Additional hazardous wastes.

340-101-033 (1) The residues identified in sections (2) and (3) of

this rule are hazardous wastes and are added to and made a part of the list

of hazardous wastes in 40 CFR 261.33.

(2) Any residue, including but not limited to manufacturing process

wastes and unused chemicals that has either:

(a) A 3% or greater concentration of any substance or mixture of

substances listed in 40 CFR 261.33(e); or

(b) A 10% or greater concentration of any substance or mixture of

substances listed in 40 CFR 261.33(f).

(3) Any residue or contaminated soil, water or other debris resulting

from the cleanup of a spill into or on any land or water, of either:

(a) A residue identified in subsection (2)(a); or

(b) A residue identified in subsection (2)(b).

(4) The wastes identified in subsections (2)(a) and (3)(a) of this

rule are identified as acutely hazardous wastes (H) and are sUbject to the

small quantity exclusion defined in 261.5(e).

(Comment: Sections (2) and (3) of this rule shall be applied to a

manufacturing process waste only in the event it is not identified

elsewhere in this Division, but prior to application of section (5) of this

rule.)

(5)(a) A pesticide residue or pesticide manufacturing residue is a

toxic hazardous waste if a representative sample of the residue exhibits a

96-hour aquatic LCSO equal to or less than 250 mg/l.

(b) A pesticioe residue or pesticide manufacturing residue identified

in subsection (5)(a) of this rule but not in 40 CFR 261.24 or listed

elsewhere in Subpart D of 40 CFR Part 261, has the Hazardous Waste Number

of 1001 and is added to and made a part of list of hazardous wastes in 40

CFR 261.31.

(6)(a) The commercial chemical products, manufacturing chemical

intermediates, or off-specification commercial chemical products or

manufacturing chemical intermediates identified in subsection (6)(b) this

rule are added to and made a part of the list in 40 CFR 261.33(e).

(b) P999 • • • •• Nerve agents (such as GB (Sarin) and VI).

Basis for listing hazardous waste.

340-101-034 (1) The waste identified in section (2) of this rule is

hereby added to and made a part of Appendix VII: Basis for Listing

Hazardous Wastes to 40 CFR Part 261.

(2) Hazardous

Waste No.

K08B • • •

ZRULE.1A (7/19/85) -5-

cyanide
DIVISION 102

HAZARDOUS WASTE MANAGEMENT

Standards Applicable to

Generators of Hazardous Waste

340-102-010

340-102-011

340-102-012

340-102-034

340-102-040

340-102-041

340-102-050

340-102-051

340-102-060

340-102-065

Purpose, scope and applicability.

Hazardous waste determination.

Identification number.

Accumulation time.

Recordkeeping.

Quarterly reporting.

International shipments.

Farmers.

Additional instructions for the Uniform Hazardous Waste

Manifest.

Hazardous waste generator fees.

Authority: ORS Chapter 468, inclUding 468.020; 459, including 459.440;

and 183.

ZRULE.2A (7/19/85) -1-
Purpose, scope and applicability.

340-102-010 (1) The purpose, or this Division is to establish

standards for generators of hazardous w~s.t.·e•. ··

(2) Persons must also consult 4b CFR Parts' 260-266, 270 and 124, which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

(3) In addition to the provisions of 40 CFR 262.10, a person

identified in section (4) of'this rule who pr-oducee a' pesticide r-eardue ,

excluding unused commercial:pesticide, that is'hazardous 'solely by

application of section (5) of rule 340-101-033, is exempt from compliance

with Divisions 100 to 106 provided such person complies wIth the

requirements of Division 109. . (4) Exemptions under section (3) of this' rule: . Any person who

produces an unwanted pesticide residue from agricultural pest control (for

example, on crops, livestock, Chri~tmas trees, commercial nursery plants or

grassland); industrial pest control' (for example, in warehouses~ grain

elevators, tank farms or rail yards); structural pest control (for example,

in human dwellings); ornamental and turf pest control (for example, on

ornamental trees, shrubs, flowers or turf); forest pest control;

recreational pest control (for example, in parks or golf courses);

governmental (for example, for clearing a right-of-way, or vector,

predator, and aquatic pest control); seed treatment; and pesticide

demonstration and research.

(5) A person who generates a hazardous waste as defined by ~O CFR

261.3 must comply with the requirements'of' this Division. Failure to

comply will subject a person to the compliance requirements and penalties

prescribed by ORS 459.650 to .690, .992 and .995, and OAR Chapter 340,

Division 12.

Hazardous waste determination.

340-102-011 (1) The provisions of this rule replace the requirements

of 40 CFR 262.11.

(2) A person who generates a residue as defined in rule 340-100-010

must determine if that residue is a hazardous waste using the folloWing

method:

(a) He should first determine if the waste is excluded from regulation

under 40 CFR 261.4 or rule 340-101-004.

(b) He must then determine if the waste is listed as a hazardous waste

in Subpart D of 40 CFR Part 261, excluding application of rule 340-101-

033.

(Comment: Even if the waste is listed, the generator still has an

opportunity under rule 340-100-022 to demonstrate to the Commission that

the waste from his particular facility or operation is not a hazardous

waste. )

(c) If the waste is not listed as a hazardous waste by application of

subsection (2)(b) of this rule, he must determine whether the waste is

identified in Subpart C of 40 CFR Part 261 by either:

(A) Testing the waste according to the methods set forth in Subpart C

of 40 CFR 261, or according to an equivalent method approved by the

Department under rule 340-100-021; or

(Comment: In most instances, the Department will not consider

approving a test method until it has been approved by EPA.)

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ZRULE.2A (7/19/85) -2-
(B) Applying knowledge of the hazard characteristic of the waste in

light of the materials or 'the processes used.

(d) If the waste is not identified as hazardous by application of

subsection (2)(c) of this rule, he must determine if the waste is listed

under rule 340-101-033.

Identification number.

340-102-012 In addition to the provisions of 40 CFR 262.12, as a

matter of policy, the Department will accept EPA identification numbers

already assigned and use a modified EPA registration form and

identification numbering system (Dun and Bradstreet) for generators who

register in the future.

Accumulation time.

340-102-034 In addition to the requirements of 40 CFR 262.34, a

generator may accumulate hazardous waste on-site for 90 days or less

without a permit provided that:

(1) If storing in excess of 100 containers, the waste is placed in a

storage unit that meets the requirements of 40 CFR 264.175; and

(2) If storing in tanks, the tank unit complies with rule 340-104-191.

Recordkeeping.

340-102-040 (1) The provisions of section (2) of this rule replace

the requirements of 40 CFR 262.40(b).

(2) A generator must keep a copy of each Quarterly Report and

Exception Report for a period of at least three years from the due date of

the report.

Quarterly reporting.

340-102-041 (1) The provisions of this rule replace the requirements

of 40 CFR 262.41.

(2) A generator who ships his hazardous waste off-site must submit to

the Department Quarterly Reports of the waste shipped:

(a)(A) The Quarterly Report consists of copies of the latest quarter's

manifest and shipping papers. Alternatively, generators may copy the

information from the manifests and shipping papers onto a form of their

choice and submit it within the same time schedule.

(Comment: For ease of processing, the Department prefers xerographic

or carbon copies of the manifests and shipping papers.)

(B) The Quarterly Report must be accompanied by the following

certification signed and dated by the generator or his authorized

representative:

"I certify under penalty of law that I have personally examined and am

familiar with the information submitted in this demonstration and all

attached documents, and that, based on my inquiry of those individuals

immediately responsible for obtaining the information, I believe that the

submitted information is true, accurate, and complete. I am aware that

there are significant penalties for SUbmitting false information, including

the possibility of fine and imprisonment."

(b) No later than 45 days after the end of each calendar quarter.

5

ZRULE.2A (7/19/85) -3-
(3) Any generator who .treats,.. st.ores, or disposes of hazardous waste

on-site must submit a report covering those wastes in accordance with the

provisions of Divisions 104 an~:1 05. .

International shipments.

340-102-050 (1) Any person who is required to comply with 40 CFR

262.50 shall also comply with sections (2) and (3) of this rule.

(2) When shipping hazardous waste outside the United States, the

generator must notify the Department in writing four weeks before the

initial shipment of hazardous waste to each country in each calendar year;

(a) The waste must be identified by its EPA hazardous waste

identification number and its DOT shipping description;

(b) the name and address of the foreign consignee must be included in

this notice;

(c) These notices must be sent to:

Hazardous Waste Section.

Department of Environmental Quality

PO Box 1760

Portland, OR 97207

(3)(a) The requirements of subsection (3)(b) of this rule replace the

provisions of 40 CFR 262.50(d)(2).

(b) In addition to the generator's signature on the certification

statement, the U.S. importer or his agent must also sign and date the

certification and obtain the signature of the initial transporter.

Farmers.

340-102-051 In addition to the provisions of 40 CFR 262.51, a ~armer

disposing of waste pesticides from his own use which are hazardous wastes

shall comply with the requirements of Division 109.

Instructions for the Uniform Hazardous Waste Manifest.

340-102-060 (1) In addition to the instructions in the Appendix to 40

CFRPart 262, relating to completion of the Uniform Hazardous Waste

Manifest, generators shall also comply with sections (2) (3), (4) and (5)

of this rule.

(2) Enter a telephone number where an authorized agent of the first

transporter may be reached in the event of an emergency, in:

(a) Item D of EPA Form 8700-22; and

(b) Item 0 of EPA Form 8700-22A, if applicable•.

(3) Enter a telephone number where an authorized agent of the second

transporter may be reached in the event of, an emergency, in:

(a) Item F of EPA Form 8700-22; and

(b) Item Q of EPA Form 8700-22A, if applicable.

(4) Enter. a telephone number where an authorized agent of the facility

may be reached in the event of an emergency in Item H of EPA Form 8700-22.

(5) Enter the EPA Hazardous Waste Number in:

(a) Item I of EPA Form 8700-22; and

(b) Item.R of EPA Form 8700-22A, if applicable•.

(6) The authorized disposal request number may be entered in:

(a) Item 15 of EPA Form 8700-22; and

(b) Item 32 of EPA Form 8700-22A, if applicable.

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ZRULE.2A (7/19/85) -4-
Hazardous waste generator fees.

340-102-065 (1) Beginning July 1, 1984, each person generating

hazardous waste shall be subject to an annual fee based on the volume of

hazardous waste generated during the previous calendar year. The fee

period shall be the state's fiscal year (July 1 through June 30) and shall

be paid annually by July 1, except that for fiscal year 1985 the fee shall

be paid by January 1, 1985.

(2) For the purpose of determining appropriate fees, each hazardous

waste generator shall be assigned to a category in Table 1 of this Division

based upon the amount of hazardous waste generated in the calendar year

identified in section (1) of this rule except as otherwise provided in

section (5) of this section.

(3) For the purpose of determining appropriate fees, hazardous waste

that is used, reused, recycled or reclaimed shall be included in the

quantity determinations required by section (1) of this section.

(4) In order to determine annual hazardous waste generation rates, the

Department intends to use generator quarterly reports required by rule 340-

102-041; treatment, storage and disposal reports required by rule 340-104-

075; and information derived from manifests required by 40 CFR 262.20. For

wastes reported in the units of measure other than cubic feet, the

Department will use the following conversion factors: 1.0 cubic feet = 7.48 gallons =62.4 pounds = 0.03 tons (English) =0.14 drums (55 gallon).

(5) Owners and operators of hazardous waste treatment, storage and

disposal facilities shall not be subject to the fees required by section

(1) of this rule for any wastes generated as a result of storing, treating

or disposing of wastes upon which an annual hazardous waste generation fee

has already been paid. Any other wastes generated by owners and operators

of treatment, storage and disposal facilities are subject to the fee

required by section (1) of this rule.

(6) All fees shall be made payable to the Department of Environmental

Quality.

Table 1

Hazardous Waste

Generation Rate

(cu.ft./year)

<35

35-99

100-499

500-999

1,000-4,999

5,000-9,999

>10,000

ZRULE.2A (7/19/85)

Fee

(dollars)

No fee

$ 100

350

625

1500

3500

5000

-5-
340-103-010

340-103-011

340-103-030

340-103-031

DIVISION 103

HAZARDOUS WASTE MANAG9mNT

Standards Applicable to Transporters

of Hazardous Waste by Air or Water

Purpose and applicability.

Identification number.

Immediate action.

Discharge cleanup.

Authority: ORS Chapter 468, inclUding 468.020; 459, including 459.440;

and 183.

ZRULE.3A (7/19/85) -1-
Purpose and applicability. '

340-103-010 (1) The purpose of this Division is to establish

standards which apply to'persohs transporting h~ar!iou~ waste by air or

water if the transportation requires a manifest under,Division 102.

(2) Rail and highway transporters must comply with the regulations of

the Public Utility Commissioner.

(3) Persons must also consult 40 CFR Parts 260-26.6, 270 and 124, which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

Identification Number.

340-103-011 In addition to the requirements of 40 CFR 263.11, as a

matter of policy, the Department will accept EPA identification numbers

already assigned and use a modified EPA registration form and EPA's

identification numbering system (Dun and Bradstreet) for transporters who

register in the future.

Immediate action.

340-103-030 In addition to the requirements of 40 CFR 263.30, a

transporter who has discharged hazardous waste must report the discharge to

the Oregon Emergency Management Division (800-452-0311).

Discharge clean up.

340-103-031 A transporter must clean up any hazardous waste discharge

that occurs during transportation or take such action as may be required or

approved by federal, state, or local officials so that the hazardous waste

discharge no longer presents a hazard to human health or the environment.

See Division 108 for further requirements.

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ZRULE.3A (7/19/85) -2-
DIVISION 104

HAZARDOUS WASTE MANAGEMENT

Standards for Owners and Operators of Hazardous

Waste Treatment, Storage and Disposal Facilities

340-104-001

340-104-003

340-104-004

340-104-011

340-104-012

340-104-029

340-104-056

340-104-074

340-104-075

340-104-143

340-104-145

340-104-147

340-104-149

340-104-150

340-104-151

340-104-191

340-104-220

340-104-228

340-104-258

340-104-276

340-104-314

340-104-339

340-104-340

340-104-343

Purpose, scope and applicability.

Relationship to interim status.

Imminent hazard action.

Identification number.

Required notices.

Unsaturated zone monitoring program.

Emergency procedures.

AVailability of records.

Periodic report.

Financial assurance for facility closure.

Financial assurance for post-closure care.

Liability requirements.

Use of State-required mechanisms.

State assumption of responsibility.

Wording of the instruments.

Design of tanks.

.Applicability to surface impoundments.

Closure and post-closure care of surface impoundments.

Closure and post-closure care of waste piles.

Food-chain crops.

Prohibition on land disposal of ignitable wastes.

Procedure for prohibiting the land disposal of any hazardous

waste.

Applicability to incinerators.

Performance standards for incinerators.

Authority: ORS Chapters 468, including 468.020; 459, including

459.440; and 183.

ZRULE.4A (7/19/85) -1-
Purpose, scope and applicability~

340-104-001 (1) The purpose of this Division is to establish minimum

State standards which define the acceptable management of hazardous waste.

(2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

(3}(a) The provisions of subsection (3}(b) of this rule replace the

requirements of 40 CFR 264.1(d}.

(b) The requirements of this Division apply to a person disposing of

hazardous waste by means of underground injection subject to a permit

issued under an Underground Injection Control (UIC) program approved' or

promulgated under the Safe Drinking Water Act only to the following'

extent: 40 CFR 264.11 (identification number), 264.16 (personnel

training), 264.71 (manifest system), 264.72 (manifest discrepancie~),

264.73(a}, (b}(1) and (b}(2) (operating record), 264.75 (periodic report),

and 264.76 (unmanifested waste report}. When abandonment is completed, the

owner or operator must submit to the Department certification by the owner

or operator and by an independent ~egis~ered professional engineer that the

facility has been closed in a manner that will ensure that plugging and

abandonment of the well will not allow the movement of fluids either' into

an underground source of drinking water or from one underground source of

drinking water to another.

(4) The provisions of 40 eFR 264.1(f) are deleted.

(5) In addition to the requirements of 40 CFR 264.1(g}(8}(iii}, any

person covered by 40 CFR 264 1(g}( 8}( iii} shall comply with the applicable

requirements of Divisions 100 to 108.

Relationship to interim status.

340-104-003 (1) The provisions of 40 CFR 264.3 are del'eted.

(2) An owner or operator of an existing facility'which has not been

issued a RCRA permit shall comply with the requirements of rule 340-105-

010.

Imminent hazard action.

340-104-004 (1) The provisions of section (2) of this rule replace the

provisions of 40 CFR 264.4.

(2) NotWithstanding any other provisions of these regulations,

enforcement actions may be brought pursuant to ORS 459.650 to .690.

Identification number.

340-104-011 In addition to the provisions of 40 CFR 264.11, as a

matter of policy, the Department will accept EPA identification numbers

already assigned, use an amended EPA registration form, and use

EPA's ide~tification numbering system (Dun and Bradstreet) for owners and

operators who register in the future.

Required notices.

340-104-012 The provisions of 40 CFR 264.12(c} regarding transfers of

ownership are hereby deleted.

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ZRULE.4A (7/19/85) -2- '
Unsaturated zone monitoring program.

340-104-029 An owner or operator may be required to establish an

unsaturated zone monitoring program consisting of soil-pore liquid

monitoring in the zone immediately below a facility to determine whether

hazardous constituents have migrated out of the facility. The Department

will approve the components of this program based on a consideration of the

construction and operation of the facility and the type and amount of waste

being managed therein.

Emergency procedures.

340-104-056 (1) In 40 CFR 264.56(d) prior to paragraph (1), the

phrase "outside the facility" is deleted.

(2)(a) The requirements of subsection (2)(b) of this rule replace the

provisions of 40 CFR 264.56(d)(2).

(b) He must immediately notify either the Department or the Oregon

Emergency Management Division (using their 24-hour toll-free number 800-452-

0311).

(3) In addition to the requirements of 40 CFR 264.56(j), the owner or

operator's report must include:

(a) The steps taken to prevent a recurrence of the incident; and

(b) Any changes required in the contingency plan.

Availability of records.

340-104-074 (1) The provisions of 40 CFR 264.74(a) are replaced with

section (2) of this rule.

(2) All records~ inclUding plans, required under this Division must be

furnished upon request, and made available at all reasonable times for

inspection, by any officer, employee, or representative of the Department

as authorized by DRS 459.285.

Periodic report.

340-104-075 (1) The provisions of this rule replace the requirements

of 40 CFR 264.75.

(2) The owner or operator must prepare and submit an operating report

to the Department on an approved form. Disposal facility reports are due

monthly within 45 days after the end of each calendar month, and treatment

and storage facility reports are due within 45 days after the end of each

calendar quarter. The report must cover facility activities during the

previous month or quarter, as appropriate, and must include the following

information:

(a) The EPA identification number, name, and address of the facility;

(b) The period covered by the report;

(c) For off-site facilities, the EPA identification number of each

hazardous waste generator from which the facility received a hazardous

waste during the period; for imported shipments, the report must give the

name and address of the foreign generator;

(d) A description and the quantity of each hazardous waste the

facility received during the period. For off-site facilities, this

information must be listed by EPA identification number of each generator;

(e) The method of treatment, storage, or disposal for each hazardous

waste;

ZRULE.4A (7/19/85) -3-
(f) (Reserved)

(g) The most recent closure cost estimate under 40 CFR 264.142, and,

for disposal facilities, the most recent post-closure cost estimate under

40 CFR 264.144; and

(h) A certification signed by the owner or operator of the facility

or his authorized representative as required by 40 CFR 270.11(b).

(Comment: The state program is more stringent than the federal

program in that it requires monthly or quarterly operating reports whereas

the federal program requires a biennial report.)

Financial assurance for facility closure.

340-104-143 (1) This rule amends the requirements of 40 CFR 264.143.

(2) An owner or operator of a disposal facility must choose the option

specified in 40 CFR 264.143(a).

(3)(a) If an owner or operator uses the trust fund option specified in

40 CFR 264.143(a) to establish financial assurance for closure of the

facility, he must also comply with subsection (3)(b) of this rule.

(b) During the period the current closure cost estimate (CE) exceeds

the current value of the trust fund (CV), the owner or operator must also

establish supplemental financial assurance in the amount CE-CV by choosing

one of the options specified in 40 CFR 264.143(b) to 264.143(f).

(4) The phrase " ••• term of the initial RCRA permit ••• " in the

first sentence of 40 CFR 264.143(a)(3) is deleted and replaced with the

phrase ". • • initial 10 years the facility is permitted under Divisions

105 and 106 ••• n

(5) .The phrase n••• in one or more States n in the last sentence of

40 CFR 264.143(e)(1) is deleted and replaced with the phrase " ••• in

Oregon."

(6) The phrase "Except as may be required by 40 CFR 264.143(f)(10),n

is added to the beginning of the first sentence of 40 CFR 264.143(f)(1).

(7) The phrase "An owner or operator that has a parent corporation may

only meet ••• " replaces the phrase "An owner or operator may meet ••• "

in the first sentence of 40 CFR 264.143(f)(10).

Financial assurance for post-closure care.

340-104-145 (1) This rule amends the requirements of 40 CFR 264.145.

(2)(a) The owner or operator of a disposal facility must choose the

option specified in 40 CFR 264.145(a).

(b) The owner or operator of a treatment or storage facility subject

to post-closure monitoring or maintenance requirements must establish

financial assurance for post-closure care in accordance with the approved

post-closure plan for the facility and must choose one of the options

specified in 40 CFR 264.145(a) through (h).

(3)(a) If an owner or operator uses the trust fund option specified in

40 CFR 264.145(a) to establish financial assurance for post-closure care of

a facility, he must also comply with subsection (3){b) of this rule. .

(b) During the period the current post-closure cost estimate (CE)

exceeds the current value of the trust fund (CV), the owner or operator

must also establish supplemental financial assurance in the amount CE-CV by

choosing one of the options specified in 40 CFR 264.145(b) to 264.145(f).

(4) The phrase "Except as may be required by 40 CFR 264.145(f)(11),"

is added to the beginning of the first sentence of 40 CFR 264.145(f)(1).

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(5) The phrase "An owner or operator that has a parent corporation may

only meet ••• " replaces the phrase "An owner or operator may meet ••• "

in the first sentence of 40 CFR 264.145(f)(11).

Liability requirements.

340-104-147 (1) This rule amends the requirements of 40 CFR 264.147.

(2) The phrase "••• in one or more States" at the end of 40 CFR

264.147(a)(1)(ii) is deleted and replaced with the phrase " ••• in

Oregon."

(3) The phrase " ••• in one or more States" at the end of 40 CFR

264.147(b)(1)(ii) is deleted and replaced with the phrase " ••• in

Oregon."

(4) The provisions of 40 CFR 264.147(b)(4) are deleted.

Use of State-required mechanisms.

340-104-149 The provisions of 40 CFR 264.149 are deleted.

State assumption of responsibility.

340-104-150 The provisions of 40 CFR 264.150 are deleted.

Wording of the instruments.

340-104-151 (1) This rule amends 40 CFR 264.151.

(2) When used in 40 CFR 264.151, the references specified in section

(2) of this rule shall be changed as indicated in this section.

(a) "The United States Environmental Protection Agency," "The U.S.

Environmental Protection Agency," or "EPA" shall be "the Oregon Department

of Environmental Quality" (hereinafter called "Department").

(b) "The United States Government" shall be "the State of Oregon."

(c) "The EPA Regional Administrator" shall be "the Department."

(d) "The appropriate EPA Regional Administrator" shall be "the

Department."

(e) "The Resource Conservation and Recovery Act as amended (RCRA)" or

"the Resource Conservation and Recovery Act of 1976 (as amended)" shall be

"Oregon law."

(f) "Where EPA is not administering the financial requirements of

Subpart H of 40 CFR Parts 264 and 265" shall be "other than Oregon."

Design of tanks.

340-104-191 (1) Owners and operators of facilities subject to the

requirements of 40 CFR 264.191 shall also comply with the requirements of

section (2) of this rule.

(2) For tanks installed after January 1, 1985, tanks and related

appurtenances, including but not limited to pipes, valves, backflow

prevention deVices, gauges, or pumps within 5 feet of the tank, must have

secondary containment that:

(a) Is sufficiently impervious to contain leaks, spills and

accumulated precipitation until the collected material is detected and

removed;

(b) Has sufficient capacity to hold the entire volume of the largest

tank; and

ZRULE.4A (7/19/85) -5-
(c) Prevents run-on into the containment system unless there is

sufficient excess capacity in addition to that required by subsection

(2)(b) of this rule to contain it.

(Comment: It is intended that the appurtenance containment return any

leakage to the main tank containment.)

Applicability to surface impoundments.

340-104-220 (1) The provisions of 40 CFR 264.220 are deleted and

replaced with the requirements of section (2) of this rule.

(2) The regulations in Subpart K of 40 CFR Part 264 apply to owners

and operators of facilities that use surface impoundments to treat or

store hazardous waste, except as 40 CFR 264.1 provides otherwise.

Closure and post-closure care of surface impoundments.

340-104-228 (1) The provisions of 40 CFR 264.228(a)(1), (c) and (d)

are deleted and replaced with the requirements of sections (2), (3) and (4)

of this rule.

(2) At closure, the owner or operator must remove or decontaminate all

waste residues, contaminated containment system components (liners, etc.),

contaminated subsoils, and structures and equipment contaminated with waste

and leachate, and manage them as hazardous waste unless 40 CFR 261.3(d)

applies.

(Comment: The state program is more stringent than the federal

program in that it requires the removal of all wastes, etc., at closure

whereas the federal program gives the option of closing with wastes left in

place. )

(3) If, after removing or decontaminating all residues and making all

reasonable efforts to effect removal or decontamination of contaminated

components, subsoils, structures, and equipment as required in section (2)

of this rule, the owner or operator finds that not all contaminated

subsoils can be practicably removed or decontaminated, he must close the

facility in accordance with the closure requirements of 40 CFR

264.228(a)(2) and perform post-closure care in accordance with the closure

and post-closure care requirements of 40 CFR 264.228(b).

(4)(a) The owner or operator of a surface impoundment that does not

comply with the liner requirements of 40 CFR 264.221(a) and is not exempt

from them in accordance with 40 CFR 264.221(b) must:

(A) Include in the closure plan for the surface impoundment under

40 CFR 264.112 both a plan for complying with section (2) of this rule and

a contingency plan for complying with section (3) of this rule in case not

all contaminated subsoils can be practicably removed at closure; and

(B) Prepare a contingent post-closure plan under 40 CFR 264.118 for

complying with section (3) of this rule in case not all contaminated

subsoils can be practicably removed at closure.

(b) The cost estimates calculated under 40 CFR 264.142 and .144 for

closure and post-closure care of a surface impoundment subject to this

section must include the cost of complying with the contingent closure plan

and the contingent post-closure plan.

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Closure and post-closure care for waste piles.

340-104-258 The phrase " ••• but are not required to include the

cost of expected closure under paragraph (a) of this section" at the end of

40 CFR 264.258(c)(2) is deleted.

Food-chain crops.

340-104-276 (1) In 40 CFR 264.276, the term "animal feed crops" is

substituted for the term "food chain crops."

(2) The provisions of 40 CFR 264.276(b)(1) are deleted.

(Comment: The state program is more stringent than the federal

program in that it does not permit crops intended for human consumption to

be grown on a land treatment facility.)

Prohibition on land disposal of ignitable wastes.

340-104-314 (1) Except as may be permitted by sections (2) and (3) of

this rule or by 40 CFR 264.314(b)(1) to .314(b)(4) an owner or operator

shall not place in a land disposal unit any liquid waste or the free-liquid

portion of any liquid/solid waste mixture if such mixture contains in

excess of 20% free liquid, if the waste was initially .gener-ated as a liquid

or as a liquid/solid mixture and is identified as a hazardous waste only

because it is listed on the basis of or meets the characteristic of ignit~bility (I).

(Comment: These wastes include but are not limited to those having

EPA Hazardous Waste Numbers D001, F003, U001, U002, U008, U031, U055, U056,

U057 , U092 , U110, U112, U113, U117, U124, U125, U154, U161, U171, U186,

U213 and U239.)

(2) The generator and owner or operator may apply for an exemption

from section (1) of this rule for a specific waste if he can demonstrate

that:

(a) The disposal will not pose a threat to public health or the

environment due to the properties or quantity of the waste, characteristics

of the landfill, the proposed disposal procedure and other relevant

circumstances;

(b) The waste generator has taken all practicable steps to eliminate

or minimize the generation of the waste and to recover, concentrate or

render the waste non-hazardous; and

(c) There is no reasonably available means of beneficial use, reuse,

recycle, reclamation or treatment.

(3) Upon receipt of a request for an exemption, the Department shall

make a tentative determination to approve or deny the request within thirty

(30) days of receipt. The generator and owner or operator shall have

thirty (30) days from the date of tentative denial to appeal the denial to

the Department. The Department shall make a final determination within

ninety (90) days of the original request if a timely appeal has been

filed.

(Comment: The intention of this rule is to disallow the landfilling

of solids formed by soil stabilization of liquids. This rule does not

pertain to liquids which become mixed with soil or other debris as the

result of a spill or to lab packs as defined in 40 CFR 264.316.)

ZRULE.4A (7/19/85) -7-
Procedure for prohibiting the land disposal of any hazardous waste.

340-104-339 (1) The Department may prohibit the land disposal of any hazardous waste if in the Department's judgment there are more

environmentally sound beneficial use, reuse, recycle, reclamation,

treatment or disposal options. In making such a judgment, the Department

shall consider but not be limited to storage, transportation and other

appropriate risks.

(2) For wastes identified under section (1) of this rule, the

Department shall notify any affected generators and land disposal owners or

operators, in writing, that land disposal of a specified waste is

prohibited. Such notice shall indicate the specific waste affected by name

and EPA Hazardous Waste Number, and shall also indicate the alternative

means of beneficial use, reuse, recycle, reclamation, treatment or disposal

deemed to be more environmentally sound. The Department shall provide that

the prohibition is effective for the waste listed in the notice 90 days

after receipt of notice. The generator or disposal facility shall have 30

days from receipt of the notice to appeal the prohibition to the

Department. The Department shall make a final determination within 60 days

of the original notice if a timely appeal has been filed.

Applicability to incinerators.

340-104-340 The provisions of 40 CFR 264.340(d) are deleted.

(Comment: The Department may require the owner or operator to obtain

an Air Contaminant Discharge Permit and such permit may establish standards

more stringent than required under Subpart 0 of 40 CFR Part 264.)

Performance standards.

340-104-343 The provisions of 40 CFR 264.343(d) are deleted.

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ZRULE.4A (7/19/85) -8-
DIVISION 105

HAZARDOUS WASTE MANAGEMENT

Management Facility Permits

340-105-001

340-105-003

340-105-005

340-105-010

340-105-012

340-105-013

340-105-014

340-105-020

340-105-021

340-105-030

340-105-040

340-105-041

340-105-042

340-105-051

340-105-061

340-105-100

340-105-110

340-105-115

Purpose, scope and applicability.

Considerations under Federal law.

State program reporting.

General application requirements and requirements applicable

to existing management facilities.

Confidentiality of information.

Contents of Part A of the permit application.

Contents of Part B.

Specific Part B information requirements for land treatment

facilities.

Specific Part B information requirements for landfills.

Conditions applicable to all permits.

Permit transfers.

Major modification or revocation and reissuance of permits.

Minor modifications of permits.

Continuation of expiring permits.

Emergency permits.

Letter of authorization for small-quantity management

facilities.

Permit fees.

Interim status.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440;

and 183.

ZRULE.5A (7/19/85) -1-
Purpose, scope and applicability.

340-105-001 (1) The purpose of this Division is to establish basic

permitting requirements, such as application requirements, standard permit

conditions, monitoring and reporting requirements, and management

requirements for existing facilities which have not been issued a RCRA

permit.

(2) Persons must also consult 40 CFR Parts 260-266, 270 and 124, which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

(3) The provisions of section (3) of this rule replace the contents of

40 CFR 270.1(a), 270.1(b) and 270.1(c) prior .to paragraph (c)(1).

(4)(a) Technical regulations. The hazardous waste permit program has

separate additional regulations that contain technical reqUirements. These

separate regulations are used by the Department to determine what

requirements must be placed in permits if they are issued. These separate

regulations are located in 40 CFR Part 264 and Division 104 of this

Chapter.

(Comment: Although the permit applicant or permittee will interface

primarily with the Department as is indicated by these rules, hazardous

waste disposal facility permits are technically issued by the Environmental

Quality Commission while hazardous waste storage and treatment facility

permits are issued by the Department.)

(b) Applicability. The state hazardous waste program requires a

permit for the "treatment," "storage" or "disposal" of any "hazardous

waste" as identified or listed in Division 101 of this Chapter. The terms

"storage," "disposal" and "hazardous waste" are defined in rule 340-100-

010. The term "treatment" is defined in 40 CFR 260.10. Owners and

operators of hazardous waste management units must have permits during the

active life (including the closure period) of the unit, and, for any unit

which closes after the effective date of these rules, during any postclosure care period required under 40 CFR 264.117 and during any compliance

period specified under 40 CFR 264.96, inclUding any extension of the

compliance period under 40 CFR 264.96(c).

Considerations under Federal law.

340-105-003 The provisions of 40 CFR 270.3 are deleted.

State program reporting.

340-105-005 The provisions of 40 CFR 270.5 are deleted.

General application requirements and requirements applicable to existing

management facilities.

340-105-010 (1) The requirements of sections (2), (3), (4) and (5) of

this rule replace the provisions of 40 CFR 270.10(e) to 270.10(i) regarding

application requirements.

(2) Existing management facilities. (a) Owners and operators of

existing hazardous waste management facilities that do not have a permit

must submit a Part A permit application to the Department within thirty

days after the effective date of statutory or regulatory changes under

Oregon law that render the facility subject to the requirement to have a

permit.

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ZRULE.5A (7/19/85) -2-
(b) The Department may at any time require the owner or operator of an

existing management facility to submit Part B of their permit application.

The owner or operator shall be allowed at least six months from the date of

request to submit Part B of the application. Any owner or operator of an

existing management facility may voluntarily submit Part B of the

application at any time.

(c) An owner or operator that has not submitted an acceptable Part A

permit application, or an acceptable Part B permit application when

required to do so, or does not operate in compliance with the regulations

of 40 CFR Part 265, as required by this rule, shall be subject to

Department enforcement action including termination of the facility's

operation.

(d) If an owner or operator of an existing management facility has

filed a Part A permit application but has not yet filed a Part B permit

application, the owner or operator shall file an amended Part A

application:

(A) No later than 15 days after the effective date of the adoption of

rules listing or designating wastes as hazardous if the facility is

treating, storing or disposing of any of those newly listed or designated

wastes; or

(B) Prior to any of the following actions at the facility:

(i) Treatment, storage or disposal of a new hazardous waste not

previously identified in Part A of the permit application;

(ii) Increases in the design capacity of processes used at a facility.

The owner or operator must submit a justification explaining the need for

the increase based on the lack of available treatment, storage or disposal

capacity at other hazardous waste management facilities, and receive

Department approval before making such increase.

(iii) Changes in the processes for the treatment, storage or disposal

of hazardous waste. The owner or operator must submit a justification

explaining that the change is needed because:

(I) It is necessary to prevent a threat to human health or the

environment because of an emergency situation, or

(II) It is necessary to comply with the requirements of Divisions 100

to 108.

The owner or operator must receive Department approval before making such

change.

(iv) Changes in the ownership or operational control of a facility.

The new owner or operator must submit a revised Part A permit application

no later than 90 days prior to the scheduled change. When a transfer of

ownership or operational control of a facility occurs, the Qld owner or

operator shall comply with the requirements of Subpart H of 40 CFR Part 265

(financial requirements), until the Department has released him in writing.

The Department shall not release the old owner or operator until the new

owner or operator has demonstrated to the Department that he is complying

with that Subpart. All other duties required by these rules are

transferred effective immediately upon the date of the change of ownership

or operational control of the facility.

(e) In no event shall changes which amount to reconstruction of the

facility be made to an existing hazardous waste management -facility which

has not been issued an effective RCRA permit. Reconstruction occurs when

the capital investment in the changes to the facility exceeds fifty percent

of the capital cost of a comparable, entirely new hazardous waste

management facility.

ZRULE.5A (7/19/85) -3-
(3) New management facilities. (a) No person shall begin physical

construction of a new management facility without having submitted Part A

and Part B of the permit application and having received a finally

effective hazardous waste permit.

(b) An application for a permit for a new management facility

(including both Part A and Part B) may be filed with the Department any

time arter promulgation of those standards in Division 104 applicable to

such facility. All applications must be submitted at least 180 days before

physical construction is expected to commence.

(4) Reapplication. Any management facility with an effective permit

shall submit a new application at least 180 days before the expiration date

of the effective permit, unless permission for a later date has been

granted by the Department. (The Department shall not grant permission for

applications to be submitted later than the expiration date of the existing

permit.)

(5) Recordkeeping. Applicants shall keep records of all data used to

complete permit applications and any supplemental information submitted

under 40 CFR 270.10(d), 270.13, 270.14 through 270.21 for a period of at

least 3 years from the date the application is signed.

(6) The requirements of section (6) are applicable to existing

management facilities.

(a) An owner or operator of an existing management facility that has

not been issued a management facility permit shall comply with the

regulations of 40 CFR Part 265 until final administrative disposition of a

permit is made.

(b) After September 1, 1985, and until final administrative

disposition of a permit under these rules is made, an owner or operator of

a management facility that has received a State-issued non-RCRA permit

shall comply with the regulations of 40 CFR Part 265 in those instances

where a regulation exists and with the conditions of the permit in those

instances where a regulation does not exist.

(7) After final administrative disposition of a permit is made, a

management facility shall not treat, store or dispose of hazardous waste

without a permit issued in accordance with Divisions 100 to 106.

Confidentiality of information.

340-105-012 (1) The provisions of this rule replace the provisions

of 40 CFR 270.12.

(2) In accordance with DRS 192.500 and 459.460, any information

submitted to the Department pursuant to these regulations may be claimed as

confidential by the submitter. Any such claim must be asserted at the time

of submission by stamping the words "confidential business information," or

the equivalent, on each page containing such information. If no claim is

made at the time of submission, the Department may make the information

available to the public without further notice. If a claim is asserted,

the information will be treated in accordance with the procedures in DRS

192.500 and 459.460.

(Comment: Any information stamped confidential must be accompanied by

an explanation as to why it should be so considered under the criteria of

DRS 192.500 and 459.460. The Department believes that very little, if any,

information in an application will meet the criteria.)

(3) Claims of confidentiality for the name and address of any permit

applicant or permittee will be denied.

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ZRULE.5A (7/19/85) -4-
(4) Any information submitted to the Department shall be available to

the Environmental Protection Agency upon request. If the information has

been submitted under a claim of confidentiality, the Department shall make

that claim of confidentiality to the Environmental Protection Agency for

the requested information. The federal agency shall treat the information

that is subject to the confidentiality claim as confidential in accordance

with applicable federal law.

Contents of Part A of the permit application.

340-105-013 In addition to the requirements of 40 CFR 270.13, Part A

of the permit application shall include a statement of compatibility with

the acknowledged local comprehensive plan and zoning requirements or the

Land Conservation and Development Commission's Statewide Planning Goals.

Contents of Part B.

340-105-014 In addition to the information required by 40 CFR 270.14,

Part B of the permit application shall include other information pertinent

to the facility as may be requested by the Department.

Specific Part B information requirements for land treatment facilities.

340-105-020 The requirements of 40 CFR 270.20(d) and (e) are

applicable to animal feed crops.

(Comment: The Department does not allow food-chain crops to be grown

in or on the treatment zone of a hazardous waste land treatment unit.)

Specific Part B information requirements for landfills.

340-105-021 In addition to the information required by 40 CFR 270.21,

the following additional information shall be submitted in a Part B

application:

(1) A detailed report with supporting information justifying the need

for the landfill as proposed; and

(2) An explanation of how the requirements of rule 340-104-314 will

be complied with after January 1, 1985.

Conditions applicable to all permits.

340-105-030 (1) The phrase "••• the appropriate Act ••• " in the

second sentence of 40 CFR 270.30(a) is deleted and replaced with the phrase

"••• ORS Chapter 459 and OAR Chapter 340 ••• n

(2) The provisions of 40 CFR 270.30(1)(2)(ii)(B) are deleted.

(3)(a) The provisions of 40 CFR 270.30(1)(3) are deleted and replaced

with subsection (3)(b) of this rule.

(b) Transfers. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with the requirements

of 340-105-010(2)(d)(B)(iv).

(4)(a) The provisions of 40 CFR 270.30(1)(6)(i) preceding

270.30(1)(6)(i)(A) are deleted and replaced' with subsection (4)(b) of this

rule.

(b) Immediate reporting. The permittee shall immediately report any

noncompliance which may endanger health or the environment as soon as he

becomes aware of the circumstances, including:

ZRULE.5A (7/19/85) -5-
(5)(a) The provision of-40 CFR 270.30(1)(9) is deleted and replaced

with subsection (5)(b) of this rule.

(b) Periodic report. A periodic report must be submitted covering

facility activities on an appropriate schedule (see rule 340-104-075).

Permit transfers.

340-105-040 (1) The provisions of 40 CFR 270.40 are deleted.

(2) A permit is personal to the permittee and is non-transferrable.

(3) A new owner or operator of a facility shall comply with the

requirements of 340-105-010(2)(d)(B)(iv).

Major modifications or revocation and reissuance of permits.

340-105-041 (1) The sentence "If cause does not exist under this

section or 40 CFR 270.41, the Director shall not modify or revoke and

reissue the permit" in the first paragraph of 40 CFR 270.41 is deleted.

(2)(a) The provision of 40 CFR 270.41(a) preceding paragraph (a)(1)

is deleted and replaced with subsection (2)(b) of this rule.

(b) Causes for modification or revocation and reissuance. The

following are causes to modify or, alternatively, revoke and reissue a

permit:

(3)(a) The provisions of 40 CFR 270.41(a)(3) are deleted and replaced

with subsection (3)(b) of this rule.

(b) New regulations. The standards or regulations on which the permit

was based have been changed by promulgation of amended standards or

regulations or by judicial decision after the permit was issued.

(4) The provision of 40 CFR 270.41(b)(2) is deleted.

Minor modifications of permits.

340-105-042 The provisions of 40 CFR 270.42(d) are deleted.

Continuation of expiring permits.

340-105-051 (1) The provisions of 40 CFR 270.51 are deleted and

replaced with sections (2) and (3) of this rule.

(2) The conditions of an expired permit continue in force until the

effective date of a new permit if:

(a) The permittee has submitted a timely application under 40 CFR

270.14 and the applicable sections in 40 CFR 270.15 to 270.29 and such

application is a complete (under 40 CFR 270.10(c» application for a new

permit; and

(b) The Department through no fault of the permittee, does not issue a

new permit with an effective date under 40 CFR 124.15 on or before the

expiration date of the previous permit (for example, when issuance is

impractical due to time or resource constraints).

(3) Effect. Permits continued under this rule remain fully effective

and enforceable.

Emergency permits.

340-105-061 (1) The provisions of 40 CFR 270.61(b)(4) are deleted and

replaced with section (2) of this rule.

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(2) May be suspended or renewal refused by the Department at any time

without prior hearing if it finds a serious danger to the public health,

safety or the environment and sets forth specific reasons for such

findings;

Letter of authorization for small-quantity management facilities.

340-105-100 (1) Except as indicated in section (3) of this rule,

owners or operators of off-site facilities that treat or store more than

200 pounds of hazardous waste per calendar month must obtain a letter of

authorization from the Department if such waste is obtained only from

small-quantity generators.

(2) The letter of authorization:

(a) Shall be written;

(b) Shall not exceed 5 years in duration;

(c) Shall clearly specify the hazardous wastes to be received, the

treatment process, and the disposal of all hazardous products generated by

that process;

(d) May require the operator to obtain Department approval prior to

receipt of each specific waste;

(e) May require the operator to demonstrate that, due to the type and

quantity of waste, its operation and other relevant factors, the facility

is not likely to endanger public health or the environment;

(f) May be suspended or revoked at any time if it is determined that

such action is appropriate to protect public health or the environment; and

(g) May include any applicable requirements of Division 104.

(3) The Department may require the owner or operator to obtain a

hazardous waste permit if it determines that operation of the facility may

endanger public health or the environment.

Permit fees.

340-105-110 (1) Beginning JUly 1, 1984, each person required to have

a hazardous waste storage, treatment or disposal permit (management

facility permit) shall be subject to a three-part fee consisting of a

filing fee, an application processing fee and an annual compliance

determination fee as listed in Table 1 of this Division. The amount equal

to the filing fee, application processing fee and the first year's annual

compliance determination fee shall be submitted as a required part of any

application for a new permit. The amount equal to the filing fee and

application processing fee shall be submitted as a required part of any

application for renewal or modification of an existing permit.

(2) As used in this rule, the following definitions shall apply:

(a) The term management facility includes, but is not limited to:

(A) Hazardous waste storage facility;

(B) Hazardous waste treatment facility; and

(C) Hazardous waste disposal facility.

(b) The term hazardous wastes includes any residue. or hazardous

wastes as defined in Division 101 or 40 CFR Part 261 handled under the

authority of a management facility permit.

(c) The term license and permit shall mean the same thing and will be

referred to in this rule as permit.

(3) The annual compliance determination fee shall be paid for each

year a management facility is in operation and, in the case of a disposal

facility, for each year that post-closure care is required. The fee period

ZRULE.5A (7/19/85) -7-
shall be the state's fiscal year (July 1 through June 30) and shall be paid

annually by July 1. Any annual compliance determination fee submitted as

part of an application for a new permit shall apply to the fiscal year the

permitted management facility is put into operation. For the first year's

operation, the full fee shall apply if the management facility is placed

into operation on or before April 1. Any new management facility placed

into operation after April 1 shall not owe a compliance determination fee

until July 1 of the following year. The Director may alter the due date

for the annual compliance determination fee upon receipt of a justifiable

request from a permittee.

(4) For the purpose of determining appropriate fees, each management

facility shall be assigned to a category in Table 1 of this Division based

upon the amount of hazardous waste received and upon the complexity of each

management facility. Each management facility which falls into more than

one category shall pay whichever fee is higher. The Department shall

assign a storage and treatment facility to a category on the basis of

design capacity of the facility. The Department shall assign a new

disposal facility to a category on the basis of estimated annual cubic feet

of hazardous waste to be received and an existing disposal facility on the

basis of average annual cU~ic feet of hazardous waste received during the

previous three calendar years.

(5) Where more than one management facility exists on a single site,

in addition to the compliance determination fee required by rules 340-105-

110(3) and (4), a flat fee of $250 shall be assessed for each additional

management facility. .

(6) Modifications of existing, unexpired permits which are instituted

by the Department due to changing conditions or standards, receipt of

additional information or any other reason pursuant to applicable statutes

and do not require re-filing or review of an application or plans and

specifications shall not require submission of the filing fee or the

application processing fee.

(7) Upon the Department accepting an application for filing, the

filing fee shall be nonrefundable.

(8) The application processing fee, except for disposal permits, may

be refunded in whole or in part when submitted with an application if

either of the following conditions exist:

(a) The Department determines that no permit will be required.

(b) The applicant withdraws the application before the Department has

approved or denied the application.

(9) The annual compliance determination fee may be refunded in whole

or in part when submitted with a new permit application if either of the

following conditions exist:

(a) The Department denies the application.

(b) The permittee does not proceed to construct and operate the

permitted facility.

(10) All fees shall be made payable to the Department of Environmental

Quality.

Table 1: Fee Schedule

(1) Filing Fee. A filing fee of $50 shall accompany each application

for issuance, renewal or modification of a hazardous waste management

facility permit. This fee is nonrefundable and is in addition to any

application processing fee or annual compliance determination fee which

might be imposed.

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ZRULE.5A (7/19/85) -8-
(2) Application Processing Fee. An application processing fee varying

between $25 and $5,000 shall be submitted with each application. The

amount of the fee shall depend on the type of facility and the required

action as follows:

(a) A new facility (including substantial expansion of an existing

facility:

(A) Storage facility · · · · • · · · · • • $ 150

( B) Treatment facility - Recycling • · · • · 150

(C) Treatment facility - other than

incineration • · · · · · • • • • • · · • 250

(D) Treatment facility - incineration · · • 500

(E) Disposal facility · • · • · • · • • 5,000

(F) Disposal facility - post closure • 2,500

(b) Permit Renewal:

(A) Storage facility · • • · · · • · · · · · 50

( B) Treatment facility - recycling • • · · • 50

(C) Treatment facility - other than

incineration • · • · • • ·.. • • · • 75

(D) Treatment facility - incineration · · • 175

(E) Disposal facility · • • • • · · · · · • 5,000

(F) Disposal facility - post closure • • • • 800

(c) Permit Modification - Changes to Performance/Technical Standards:

(A) Storage facility • · · • · · · · · · • · 50

( B) Treatment facility - recycling • · • • · 50

(C) Treatment facility - other than

incineration • · • · · · · · · · • · • · 75

(D) Treatment facility - incineration • • · 175

(E) Disposal facility · · · • • · 1,750

(F) Disposal facility - post closure • 800

(d) Permit Modification - All Other Changes not Covered by (2)(c):

All categories • • • • • • • • • • • • • • • 25

(e) Permit Modifications - Department Initiated • no fee

(3) Annual Compliance Determination Fee. (In any case where a

facility fits into more than one category, the permittee shall pay only the

highest fee):

(a) Storage facility:

(A) 5-55 gallon drums or 250 gallons

total or 2,000 pounds • • • • • • • •• 250

(B) 5 to 250 - 55 gallon drums or 250

to 10,000 gallons total or 2,000

to 80,000 pounds • • • • • • • • • • •• 1,000

(C) >250 - 55 gallon drums or >10,000

gallons total or >80,000 pounds • • •• 2,500

(b) Treatment Facility:

(A) <25 gallons/hour or 50,000 gallon/day

or 6,000 pounds/day • • • • • • • • • • (B) 25-200 gallons/hour or 50,000 to

500,000 gallons/day or 6,000 to

60,000 pounds/day •••••••••••

250

1,000

ZRULE.5A (7/19/85) -9-
(c) Disposal Facility:

(A) <750,000 cubic feet/year or

<37,500 tons/year •••••••••••$ 50,000

(B) 750,000 to 2,500,000 cubic feet/year

or 37,500 to 125,000 tons/year ••••• 100,000

(C) >2,500,000 cubic feet/year or

>125,000 tons/year ••••••••••• 150,000

(C) >200 gallons/hour or >500,000

gallons/day or >60,000 pounds/day . . . 2,500

G

(d) Disposal Facility Post Closure:

All categories • • • • • • • • • . . . . . . 5,000

Interim status.

340-105-115 The provisions of 40 CFR 270.70 to 270.73, pertaining to

interim status, are not included in the State's hazardous waste managment

program.

(Comment: State requirements applicable to existing hazardous waste

management facilities are identified in rule 340-105-010 and include

provisions analogous to those of 40 CFR 270.71 and 270.72.)

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ZRULE.5A (7/19/85) -10-
DIVISION 106

HAZARDOUS WASTE MANAGEMENT

Permitting Procedures

340-106-001

340-106-002

340-106-003

340-106-004

340-106-005

340-106-006

340-106-012

Purpose and scope.

Requirements not applicable.

Recommendations by State agencies on waste disposal facility

applications.

Application review.

Modification, revocation and reissuance, or termination of

permits.

Draft permits.

Public hearings on disposal facility draft permits.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440;

and 183.

ZRULE.6A (7/19/85) -1-
Purpose and scope.

340-106-001 (1) The purpose of this Division is to establish the

procedures for issuing, modifying, revoking and. reissuing, or terminating

all hazardous waste permits other than hazardous waste emergency permits

and hazardous waste permits by rule.

(Comment: Although the permit applicant or permittee will interface

primarily with the Department as is indicated by these rules, hazardous.

waste disposal facility permits are issued by the Environmental Quality

Commission while hazardous waste storage and treatment facility permits are

issued by the Department.)

(2) Persons must also consult 40 CFR Parts 260-266, 270 and 124,.which

are incorporated by reference in rule 340-100-002, to determine all

applicable hazardous waste management requirements.

(Comment:. 40 CFR Part 124 includes requir.ements applicable to several

programs, including UIC, NPDES, 404, etc. Onlv the provisions of 40 CFR

Part 124 Subpart A which are applicable to hazardous waste or "RCRA"

permits are incorporated bv reference in rule 340-100-002. as modified bv

Division 106.)

Requirements not applicable.

340-106-002 The provisions of 40 CFR 124.1, 124.4, 124.9, 124.11(e),

124.13, 124.14(c), 124.15(b), 124.16, 124.17(b), 124.18,124.19,124.20 and

124.21 are deleted and not part of Division 106.

Recommendations by State. agencies on waste disposal facility applications.

340-106-003 (1) In addition to the requirements of 40 CFR 124.3

applicable to RCRA permits, the provisions of section (2) of this rule

shall be followed. .

(2) The Commission shall cause copies of disposal site applications 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 by making a

recommendation as to whether the permit should be granted. If the Health

Division recommends against granting the permit, the permit must be

denied. Recommendation from other agencies shall be considered as evidence

in determining whether to issue the permit.

Application review.

340-106-004 The requirements of 40 CFR 124.3 are amended as specified

by sections (1), (2) and (3) of this rule.

(1) Each application from either an existing or new hazardous waste

management facility for a permit will be reviewed for completeness by the

Department within 60 days of its receipt.

(2) If an applicant fails or refuses to correct deficiencies in the

application, the permit may be denied and appropriate enforcement actions

may be taken.

(3)(a) Upon request from a permit applicant, and following receipt of a

complete Part B permit application, the Department shall prepare and mail to

the applicant a project decision schedule.

(b)The schedule will specify target dates by which the Department

intends to:

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ZRULE.6A (7/19/85) -2-
(A) Prepare a draft permit;

(B) Issue public notice;

(C) Complete the public comment period; and

(D) Issue a final permit.

Modification, revocation and reissuance, or termination of permits.

340-106-005 (1) The provisions of 40 CFR 124.5(b) are deleted and

replaced with subsections (1)(a), (b) and (c) of this rule.

(a) If the permitting body decides the request is not justified, it

shall send the requester a brief written response giving a reason for the

decision. Denials of requests for modification, revocation and reissuance,

or termination are not subject to public notice, comment or hearings.

(b) Denials by the Department may be appealed to the Commission by a

letter briefly setting forth the relevant facts. The Commission may direct

the Department to begin modification, revocation and reissuance, or

termination proceedings under 40 CFR 124.5(c). The appeal shall be

considered denied if the Commission takes no action on the letter within 60

days after receiving it. This appeal is a prerequisite to seeking judicial

review of Department action in denying a request for modification,

revocation and reissuance, or termination.

(c) Denials by the Commission are subject to jUdicial review under ORS

183.480.

(2) The provisions of 40 CFR 124.5(e), (f) and (g) are deleted.

Draft permits.

340-106-006 The requirements of 40 CFR 124.6(e) are modified by

deleting the sentence "For RCRA, UIC or PSD permits, ••• under 124.74."

Public hearings on disposal facility draft permits.

340-106-012 In addition to the provisions of 40 CFR 124.12, the

requirements of sections (1) and (2) of this rule are applicable to

hazardous waste disposal facilities.

(1) The Commission shall conduct a public hearing in the county or

counties where a proposed hazardous waste disposal site is located and may

conduct hearings at such 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

appff.cation.

(2)(a) Prior to holding hearings on a hazardous waste disposal site

license application, the Commission shall cause notice to be given in the

county or counties where the proP9sed site is located in a manner

reasonably calculated to notify interested and affected persons of the

license application.

(b) The notice shall contain information regarding the approximate

location of the site and the type and amount of materials intended for

disposal at such site, 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 site shall have opportunity to

testify at the hearing.

ZRULE.6A (7/19/85) -3-
i e

DIVISION 108

HAZARDOUS WASTE MANAGEMENT

Spills and Other Incidents

Subdivision A: General

340-108-001 Purpose and applicability.

340-108-002 Definitions.

Subdivision B: Liability

340-108-010 Liability.

Subdivision C: Required Action

340-108-020

340-108-021

Emergency action, reporting.

Cleanup report.

Authority: ORS Chapter 468, including 468.020; 459, including 459.440;

and 183.

ZRULE.8A (7/19/85) -1-
Subdivision A: General

Purpose and applicability.

340-108-001 (1) The purpose of this Division is to specify the

emergency procedures required to respond to a spill or other incident

involving a hazardous waste or hazardous substance.

(2) The regulations of this Division apply to all persons whose

actions cause or allow to be caused a hazardous waste or hazardous

substance spill or other incident; except that

(3) Spills and other incidents occurring on the site of a generator

who accumulates hazardous waste or in a hazardous waste treatment, storage

or disposal facility shall be managed in accordance with the contingency

plan and emergency procedures requirements of Subpart D of 40 CFR 265.

(4) Oil spilled in an area that may allow it to reach any waters of

the state shall also be managed in accordance with ORS Chapter 468 and OAR

Chapter 340, Division 47.

Definitions.

340-108-002 As used in this Division unless otherwise specified:

"Disposal" means the discharge, deposit, injection, dumping,

spilling, leaking or placing of any hazardous waste or hazardous substance

into or on any land or water so that the hazardous waste or hazardous

substance or any constituent thereof may enter the environment or be

emitted into the air or discharged into any waters of the State.

"Hazardous substance" means any substance intended for use which

may also be identified as hazardous pursuant to Division 101.

"Hazardous waste" means a hazardous waste as defined in rule

340-100-010.

"Oil" means oil, including gasoline, crude oil, fuel oil, diesel

oil, lubricating oil, sludge, oil refuse and any other petroleum related

product.

"Other incident" includes but is not limited to the actual or

imminent possibility of a dangerous uncontrolled reaction, the release of

leachate, noxious gases or odors, fires, explosion or other disposal which

may endanger public health or the environment.

"Modified Spill Prevention Control and Countermeasure (SPCC) Plan"

means the plan to prevent the spill of oil from a non-transportationrelated facility that has been modified to include those hazardous

substances and hazardous wastes handled at the facility.

"Spill" means unauthorized disposal.

"Waters of the state" means lakes, bays, ponds, impounding reservoirs,

springs, wells, rivers, streams, creeks, estuaries, marshes, inlets,

canals, the Pacific Ocean within the territorial limits of the State of

Oregon and all other bodies of surface or underground waters, natural or

artificial, inland or coastal, fresh or salt, public or private (except

those private waters which do not combine or effect a junction with natural

surface or underground waters), which are wholly or partially within or

bordering the state or within its jurisdiction.

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ZRULE.8A (7/19/85) -2-
Subdivision B: Liability

Liability.

340-108-010 (1) Any person having the care, custody or control of a

hazardous waste or a hazardous substance, who causes or permits the

disposal of that waste or substance in violation of law or otherwise than

as reasonably intended for normal use or handling of such waste or

substance, including but not limited to spills or other incidents, shall be

liable for the damages to person or property, public or private, caused by

the disposal.

(2) It shall be the obligation of such person to collect, remove or

treat the waste or substance immediately, subject to the requirements of

Divisions 100 to 108 and such direction as the Department may give.

(Comment: 40 CFR 264.1(g) states that a permit is not required for

treatment or containment activities taken during immediate response to a

spill or other incident.)

(3) If such person fails to COllect, remove or treat the waste or

substance when under an obligation to do so, the Department will take

action as is necessary to COllect, remove or treat the waste or substance.

(4) The Department will keep a record of all necessary expenses

incurred in carrying out any cleanup projects or activities, including

reasonable charges for services performed and equipment and materials

utilized.

(5) Any person who fails to COllect, remove or treat the waste or

substance immediately, when under an obligation to do so, shall be

responsible for the necessary expenses incurred by the State in carrying

out a cleanup project or activity authorized by the Department.

(6) If the amount of state-incurred expenses are not paid to the

Department within 15 days after receipt of notice that expenses are due and

owing, the Attorney General, at the request of the Department, shall bring

an action in the name of the State of Oregon in any court of competent

jurisdiction to recover the amount specified in the final order of the

Department.

Subdivision C: Required Action

Emergency action, reporting.

340-108-020 In the event of a spill or other incident, the person

haVing the care, custody, or control of the hazardous waste or hazardous

substance shall take the following actions, as appropriate:

(1) Immediately implement the site modified SPCC plan or other

applicable contingency plan.

(Comment: Generators accumulating hazardous waste for less

than 90 days are required to have a contingency plan prepared in accordance

with 40 CFR 262.34.)

(2) If a contingency plan is not otherwise required by Divisions 100

to 110, immediately take the following actions in the order listed:

(a) Activate alarms or otherwise warn persons in the immediate area;

(b) Undertake every reasonable method to contain the hazardous

substance or hazardous waste;

ZRULE.8A (7/19/85) -3-
(c) (A) Report the spill or other incident to the Oregon Emergency

Management Division (telephone 800-452-0311) if the amount of hazardous

waste or hazardous substance exceeds the following reportable quantity (in

the event a substance or waste falls into more than one category, the lower

quantity shall be reported):

Substance or

Waste Type

Ignitable, 40 CFR 261.21

Corrosive, 40 CFR 261.22

Reactive, 40 CFR 261.23

EP Toxic, 40 CFR 261.24

Listed, 40 CFR 261.31 and .32

Listed, 40 CFR 261.33(e)

Listed, 40 CRR 261 .33( f)

Listed, rule 340-101-033

PCB, rule 340-110-001(2)

Reportable

Quantity (pounds)

200

200

200

10

10

2

10

10

10

(Comment: "Ignitable" includes the DOT classifications

"Flammable," "Oxidizer," and some "Combustible.")

(B) Transporters must report spills of any quantity that occur during

transportation. Transporters must also report spills or other incidents to

the National Response Center (800-424-8802) as required by 49 CFR 171.15,

and, if a water transporter, as required by 33 CFR 153.203;

(C) The spill or other incident need not be reported if:

(i) It occurs on private property and is known to the owner of the

property (or his representative);

(ii) It occurs on an impervious surface where it is fully contained;

and

(iii) It is completely cleaned up without further incident.

(Comment: For reporting purposes, quantity calculation involving

hazardous waste shall be made independent of the concentrations of the

hazardous components. For example, the table in this rule requires

reporting a 10 pound spill of acrolein (a rule 340-101-033 waste). This

shall be interpreted as requiring reporting a 10 pound spill of a waste

containing acrolein whether the concentration of acrolein is 3, 30 or

100% • )

(d) Undertake, in the most practicable manner, the collection, removal

or treatment of the hazardous substance or hazardous waste in accordance

with the requirements of Divisions 100 to 110 and in a manner that will

minimize damage to the environment. The Department may, in any case,

evaluate the action taken and may require additional action to complete ,the

cleanup and disposal.

Cleanup Report

340-108-021 The Department may require the person responsible for a

spill or other incident to submit a written report within 15 days of the

spill or other incident describing all aspects of the spill and steps taken

to prevent a recurrence.

(Comment: Transporters are also required by the Public Utility

Commissioner to file a Hazardous Materials Incident Report (DOT Form

F5800.0) within 15 days after a spill. A copy of this report may be sent

to the Department in lieu of the report required by this rule.)

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ZRULE.8A (7/19/85) -4-
ORDER NO. 8 4 - 2 7 2

OAR 860-46-900

(1) These rules are in addition to rules adopted by the

Oregon Department of Environmental Quality (OAR Chapter 340,

Divisions 100 through 110).

(2) As used herein:

(a) "Transporter" means a railroad engaged in the

transportation of hazardous waste.

(b) "Hazardous waste" shall have the meaning given

that term in OAR 340-101-003.

NOTE: Specific wastes are identified in OAR 340,

Division 101.

OAR 860-46-910

A transporter must not transport hazardous wastes without

having received an identification number from the Commissioner.

NOTE: A transporter who has not received an identification

number from the Commissioner may obtain one by applying

to the Commissioner. Upon receiving the request, the

Corr~issioner will assign the same identification number to

the transporter as ~~at given by the federal Environmental

Protection Agency.

OAR 860-46-920

The Commissioner adopts the rules of the United States

Department of Transportation, in effect on April 1, 1984, as

set forth in Title 49, Code of Federal Regulations, parts 171

through 179, insofar as those rules apply to railroads.

OAR 860-46-930

A transporter must clean up any hazardous waste discharge

that occ~rs during transportation or take such action as may

be required or approved by federal, state, or local officials

so that the hazardous waste discharge no longer presents a

hazard to human health or the environment.

NOTE: ORS 761.405 requires a railroad to notify the

a~~inistrator of the Emergency Management Division of

the Executive Department in connection with an incident

that occurs during the course of transporting hazardous

materials. Hazardous wastes are a form of hazardous

material, so all transporters must observe the reporting

re~~irement in connection with incidents involving hazardous wastes. See also OAR Chapter 340, Division 108.

klrr./2';S2j
ORDER NO. 8 4 - 2 7 2

. The. Resource Conservation & Recovery Act of 1916

(RCRA) 'empowered U. S. Environmental Protection Agency (EPA)

with administration of the national hazardous waste program.

RCRA provides that the state~ may apply to EPA for certification to operate their own program. To receive EPA final

·approval, state hazardous waste programs must be "substantially

equivalent" ..to and consistent with the federal program.

Oregon Department of Environmental Quality (DEQ) is

the lead state agency responsible for bringing Oregon into

compliance with EPA regulations, and for requesting full

authorization to operate a hazardous waste program in lieu of

a federally operated program. Under the State program, DEQ

will be responsible for hazardous waste generators, disposal

sites,· air and water transportation requirements. The Public

Utility Commissioner (PUC) will be responsible for motor and

rail transporter requirements.

o

On Noverr.ber 1, 1983, DEQ submitted Oregon's "Draft

Application for Final Authorization" to EPA, Region 10,

Seattle, Washington. On January 4, 1984, EPA forwarded

comments to DEQ on Oregon's proposed hazardous waste rules.

EPA made no comment on the proposed rules pertaining to

railroad transportation. Hence, DEQ believes the rules are <=)

satisfactory to EPA. EPA did make comments and suggested

changes to various other DEQ rules. DEQ has revised its rules

accordingly. On March 9, 1984, DEQ forwarded PUC a copy of

its rule recodification.

As the rail rules make reference to certain DEQ

rules, the PUC has changed its rules accordingly. Therefore,

the rules set forth in Appendix "A" should be adopted.

ORDER

IT IS THEREFORE ORDERED that the Statement of Need

filed with the Secretary of State on October 4, 1983, is

incor?orated in this order.

IT I~ FURTHER ORDERED that Division 46 of OAR

Chapter 860 is amended to reflect the adoption of the rules

set forth in Appendix "A."

klm/O~30o

~~~c CENE MJo.tJDL!N

Public Utili~y Cc~~issioner
OREGON ADMINISTRATIVE RULES

GENERAL

AUTHORITY FOR PUBLICATION

ORS 756.060

CONTENTS

Text of administrative rules and regulations filed by the Public

Utility Commissioner of Oregon pursuant to ORS 183.020.

FORMS

All forms approved by the Commissioner and noted in these rules are

available for inspection at the Commissioner's office.

HOW TO CITE

Cite all rr.aterial in this compilation by the chapter and division

number. Example: Oregon Administrative Rules, Chapter 860,

Division 61-005. (Short form: OAR 860-61-005 OR 61-005.)

EFFECTIVE DATE

The effective date is a part of the history citation included for

each individual rule.

June 1983

Revised March 1984
62-120

62-125

62-150

62-160

62-190

62-200

62-210

62-400

62-420

62-500

ADMINISTRATIVE RULES RELATING TO

MOTOR CARRIER REGULATION

CONTENTS

Division 61

GENERAL PROVISIONS: DEFINITIONS

RUle 61-005 Applicability, References and Terminology 1

61-010 Communications, Business Names and Carrier

Address 1

Division 62

CERTIFICATES, PERMITS, LICENSES AND DOCUMENTS

Rule 62-005 Applications for Authority or Change of Authority ... 3

62-010 Applicants for Certificates or Permits--

Capaci ty--Status. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

62-015 Misclassification of Application--Effect 3

62-020 Effect of Pending Investigation or

Litigation on Applications 4

62-025 Holding Out as Common Carrier or Contract Carrier 4

62-055 Issuance of Certificate or Permit--Start of

Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

62-060 Classification of Motor Carriers 5

62-062 Scope of Authority Granted Without Hearing

and Order; Rate Regulation Exemption 6

62-063 Regulatory Exemptions Provided by

ORS 767.145(1)(f) and ORS 767.425(6) 7

62-065 Vehicle Additions, Deletions or Alterations 7

62-070 Application for New Authority, Extension or

Transfer of Certificate, Intrastate 8

62-071 Applications for Temporary Authority 9

62-073 Applications for Dump Truck For-Hire

Operating Authority 10..

62-075 Leasing, Loaning or Renting of Certificates,

Licenses or Permits Prohibited 11

Definitions 12

Brokers' Licenses 12

Carrier's Operating Authority 13

Charges for Brokerage Service 13

Misrepresentation 14

Billing 14

Duties and Obligations of Brokers 14

Records to be Kept by Property Brokers 15

Rebating 15

Records to be Kept by Brokers of Passengers 15
Division 63

INSURANCE AND BONDS

Rule 63-005

63-008

63-010

63-015

63-020

63-025

63-035

63-040

Insurance 18

Liability Insurance 19

Cargo Insurance 19

C. O. D. Bonds and Securities 19

Deposits to Secure Payment of Fees, Taxes,

Penalties and Interest 20

Instruments Filed Become Permanent Records 20

Overcharge Claims Against Carriers 20

Loss and Damage Claims Against Carriers 21

Division 64

Identification Plates, Markers, Devices or

Passes 22

Identification Plates and Markers, Placement

and Transfer 23

Identification Devices 24

External Identification of Vehicles 25

Commercial Vehicle Safety Inspection Decal 25

64-007

64-010

64-011

64-006

IDENTIFICATION, ISSUANCE, AND PLACEMENT OF PLATES, MARKERS, DEVICES

OR PASSES

Rule 64-005

Division 65

VEHICLES: DRIVER: EQUIPMENT

Rule 65-010 Adoption of Federal Safety Regulations 26

65-015 Mileage Registering Devices 27

65-025 Brake Standards 27

65-055 Passenger Vehicle Drivers--Duties and

Responsibilities 29

PASSENGER VEHICLES

Rule 65-090 Rest Stops and Stations 30

65-095 Smoking Prohibited 30

65-100 Extra Vehicles Operating on Schedule 30

65-105 Use of Trailers Prohibited 30

LEASING FOR INTERCHANGE OF VEHICLES AND EQUIPMENT

Rule 65-140 Leases of Vehicles 31

65-145 Interchange of Equipment 33

65-150 Mileage Fees on Leased Equipment 34

Division 66

FREIGHT: HAZARDOUS MATERIALS: LOGS, POLES, PILING, COMMISSIONS

Rule 66-005 Delivery of Freight--Notification of Consignee 36

66-010 Storage of Freight 36

66-015 Collection of Transportation Charges--

Extension of Credit 36

C

' ......'
67-010

67-015

67-020

67-025

67-030

67-035

67-040

TRANSPORTATION OF HAZARDOUS MATERIALS

Rule 66-055 Adoption of United States Department of

Transportation Hazardous Materials Regulations 37

66-060 General Provisions; Definitions 38

66-061 Transporter, Registration and Identification 39

66-066 Incidents 39

66-067 Hazardous Waste and Discharge Responsibility 39

TRANSPORTATION OF LOGS, POLES, OR PILINGS

Rule 66-080 Applicability of the Rules; Definitions 40

66-090 General Information 40

COMMISSIONS

Rule 66-150 Commissions Paid to Agents 40

Division 67

TARIFFS AND TIME SCHEDULES FILING

Rule 67-005 Tariffs and Time Schedules Must Conform to

Rules Prescribed Herein 42

Tariffs and Time Schedules Must Be Filed 42

Letters of Transmittal 42

Size and Form of Tariffs and Time Schedules 43

Form of Appointment of Agent 44

Form of Concurrence 45

Number of Concurrences and Authorizations 45

Changes in Joint Routing and Operating of Time

Schedules on Less Than Ten (10) Days' Notice 46

67-045 Adoption of Tariffs, Time Schedules 47

67-050 Suspension of Tariff and Schedule Publications 48

67-055 Rejected Tariffs or Operating or Time Schedules 48

67-070 Joint Agent Will Use His Own PUC Ore. Serial Number.49

67-075 Posting of Tariffs and Operating or Time Schedules.. 49

FREIGHT AND EXPRESS TARIFFS OF REGULAR ROUTE CARRIERS

Rule 67-135 Definitions 50

67-140 Title Page of Every Tariff Shall Show 50

67-145 All Tariffs Shall Contain in the Order Named 51

67-150 Amendments and Supplements 53

PASSENGER TARIFFS OF REGULAR ROUTE CARRIERS

Rule 67-185 Definitions 54

67-190 Title Page of Every Tariff Shall Show 55

67-195 All Tariffs Shall Contain in the Order Named 55

67-200 Round-Trip Excursion Fares 57

67-205 Amendments and Supplements 58

67-215 Irregular Route Passenger Tariffs 59

. TIME SCHEDULES

Rule 67-240 Operating and Time Schedules 61

67-245 Time Schedules of Regular Route Passenger Carriers.. 61

67-250 Time Schedules of Regular Route Carriers of

Property Shall Contain 62

67-255 Posting 62
68-050

68-055

68-056

68-063

68-069

68-071

68-073

68-075

68-077

68-078

68~105

68-107

68-110

68-096

68-097

68-100

PROCEDURE REQUIREMENTS FOR CLASS A OR C COMMON CARRIERS

Rule 67-265 Filing Requirements 63

67-295 New Rates Effective on Granting of Authority 63

67-300 Procedures for Changing Tariffs 64

67-310 Tariff Docket Procedures 64

67-315 Rate Orders 65

67-320 Tariff Bureau Ratemakinq Practices and Procedures 65

IRREGULAR ROUTE CARRIERS

Rule 67-335 ' 66

CONTRACT CARRIERS

Rule 67-375 Form of Contracts , 66

Division 68

RECORDS, REPORTS AND ACCOUNTING FEES AND TAXES

Rule 68-005 Monthly Payment of Fees 68

68-010 Payment of Fees by Check 68

MAINTENANCE OF RECORDS

Rule 68-048 Maintenance and Production of Records--

Penalties 68

Fuel Purchase Records 69

Private Carrier Operating Records 69

Contract Farm Carrier Operating Reco~ds 70

Records--General--Common and Contract Carriers

of Persons and Property 70a

68-064 Contract Carrier Operating Records 70a

68-067 Bills of Lading (Shipping Receipts) and

Freight Bills 71

Certified Scale Weights Required 72

Record of Receipts and Disbursements 72

C. 0 . D. Shipments .. : 73

Ledger and Journal 74

Record of Mileage Operated 75

Reporting by Brokers of Movements of ICC-Exempt

Commodi ties 75

68-080 Audit and Inspection of Records and

Accounts of Motor Carriers · 75

UNIFORM SYSTEM OF ACCOUNTS

Rule 68-091 Classification of Motor Carriers for

Prescribing Uniform System of Accounts 76

68-092 IndeXing of Carrier Revenues for Determining the

Classification of Common Carriers of Property

and Passengers 77

Class I Carriers of Passengers 77

Class II Motor Carriers of Passengers 78

Class I and II Carriers of Property (Other

Than Household Goods) , 78

Class III Carriers of Property and Household Goods .. 79

Class I and II Carriers of Household Goods 79

Class IV Carriers of Property and Class III

Carriers of Passengers 80

o-,

C)

OJ
66-030

69-040

69-050

69-060

FINANCIAL REPORTS

Rule 68-141 Financial Report Forms Required 80

DESTRUCTION OF RECORDS

Rule 68-151 Contract and Common Motor. Carriers of Property

and Passengers 81

Division 69

TRANSPORTATION OF HOUSEHOLD GOODS

Rule 69-005 Information fo·r Shippers 82

69-010 Estimates of Charges 82

69-020 Signed Receipt for Shipment--Release

Prohibited 83

Claims for Loss or Damage 83

Determination of Weights 84

Cartage Areas Exempt from Ecomonic Regulation 86

Commercial Zones 88

Division 70 through 80

(ED NOTE: Cargo Loading and Securement Rules, 860-70-005 through

860-80-020, are printed as separate publications. Copies of

these rules are available upon request from the Public Utility

Commissioner, Labor & Industries Building, Salem, OR 97310.

Telephone 378-6664, or Toll Free 1-800-452-7813)

Division 70:

Division 71:

Division 72:

Division 73:

Division 74:

Division 75:

Division 76:

Division 77:

Division 78:

Division 79:

Division 80:

General. Binder Definitions; General Requirements

and Specifications; Certification; Condition and Use

Baled Hay and Straw-Loading, Securement and

Transportation

Baled Cotton, Paper, and Jute-Loading, Securement and

Transportation

Logs and Poles-Loading, Securement and Transportation

Junk and Scrap Metal-Loading, Securement and

Transportation

Steel Coils-Loading, Securement and Transportation

Steel Plate, Sheet, and Tinplate-Loading, and

Securement

Empty Wooden or Plastic Boxes-Loading, Securement and

Transportation

Detachable Freight Vans or Tank Containers-Loading,

Securement and Transportation

Lumber and Lumber Products-Safe Loading, Securement

and Transportation

Sacked Cement, Sand, Ready-Mix Concrete, Bark Dust,

Bark Chips, Seed, Securement and Transportation
(b) Such 7-day period shall commence a~ 12:01 a.m. of ~he day

following delivery whenever ~he freigh~ bill is presen~ed a~ or

before delivery of ~he freigh~.

(c) Such 7-day period shall commence at 12:01 a.m. of the day

following presenta~ion of the freigh~ bill if presented after

delivery of freight.

(d) The freight bill must in any case be presen~ed wi~hin seven

(7) days af~er delivery of the freigh~.

(3) A motor carrier may ex~end credit in excess of ~he time period

provided in paragraph (2) to the United States, the State of Oregon, any

county, ci~y, ~own or municipality in this state, or any departmen~ of

any of them.

(4) Freight, passenger, express and any and all charges inciden~ to

transpor~a~ion must be paid in lawful money of the United States. This

rule shall no~ be cons~rued ~o prohibit the payment by valid checks,

drafts, or money orders which are convertible in~o cash on demand in ~he

ordinary course of business.

(5) Under no condi~ion may payment of freight, passenger, express

and any and all charges inciden~ ~o ~ranspor~ation be made by credit

memorandum, personal service, merchandise or the exchange of goods or

services. The offse~ting or balancing of amounts receivable against

accoun~s payable by means of accoun~ing entries is prohibited.

Stat. Au~h.: ORSCh. 756; ORS Ch. 767

Hist: PUC 18. f. 1-21-55. ef. 9-1-54 (Order No. 33203); PUC 120.

f. 10-26-62. ef. 11-15-62 (Order No. 38811); PUC 135,

f. 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148,

f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156,

f. 8-6-73, ef. 8-15-73 (Order No. 73-507); PUC 181.

f. 12-30-77, ef. 1-15-78 (Order ~o. 77-896); Renumbered

from 860-36-015; PUC 1-1983. f. & ef. 1-17-83 (Order

No. 83-024)

TRANSPORTATIO~ OF HAZARDOUS ~1ATERIALS

860-66-055 ADOPTION OF UNITED STATES DEPARn1El'.'T OF TRANSPORTATION

HAZARDOUS MATERIALS REGULATIONS.

Except as otherwise modified by OAR Chapter 340, Divisions 100 ~o

125, (pertaining to hazardous was~e only), ~he rules and regula~ions

governing the ~ransportation of hazardous materials, waste and substances

by motor vehicle. prescribed by ~he united Sta~es Depar~men~ of

Transpor~a~ion in Ti~le 49 Code of Federal Regulations, Par~s 177, 397.

and such portions of Par~s 171-178 as are applicable ~o mo~or carriers,

and amendments ~here~o in effec~ on ~ovember 1, 1983, are adop~ed and

prescribed by the Commissioner ~o be observed by all carriers subject ~o

ORS Chap~er 767.

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(Publica~ions: The publica~ion(s) referred to or incorporated by

reference in this rule are available from the office of the Public

Utility Commissioner.)

Sta~.

His~:

Auth.: ORS Ch. 756; ORS Ch. 767

Refiled in PUC 18, f. 1-21-55, ef. 9-1-54 (Order

No. 33203); PUC 98, f. 1-18-61, ef. 1-12-61 (Order

No. 37620); PUC 120, f. 10-26-62, ef. 11-15-62 (Order

No. 38811); PUC 132, f. 3-29-65, ef. 4-1-65 (Order

No. 41035); PUC 135, f. 5-9-66, ef. 5-13-66 (Order

--No. 42332); PUC ,148, f. 7-29-68, ef. 9-1-68 (Order

No. 44783); PUC iso, f. 11-7-6, ef. 12-1-68 (Order

No. 45141); PUC 156, f. 8-6-73, ef. 8-15-73 (Order

No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order

No. 77-896); PUC 2-1980, f. & ef. 3-27-80 (Order

No. 80-179); PUC 3-1980, Part I, f. & ef. 6-30-80 (Order

No. 79-805); PU~S-1980, f. & ei. 10-13-80 (Order

No. 80-758); Renumbered from 860-36-055; PUC 1-1981,

f. & ef. 2-9-81; PUC 12-1981, f. & ef. 12-16-81 (Order

No. 81-880); PUC 6-1982, f. & ef. 5-6-82 (Order

No. 82-336); PUC 1-1983, f. & ef. 1-17-83 (Order

No. 83-024); PUC 1-1984, f. & ef. 2-9-84 (Order

No. 84-076)

860-66-060 GENERAL PROVISION; DEFINITIONS: (1) These rules are in

addi~ion ~o rules adopted by the Oregon Department of Environmental

Quality OAR Chap~er 340, Divisions 100 to 125.

(2) As used herein:

(a) "Transporter" means a person engaged in offsite

~ransportation of hazardous waste by highway.

(b) "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 of

generation to the point of disposal, treatment or storage.

(c) "Generator" means the person, who by virtue of ownership,

management of control, is responsible for causing or allowing to

be caused the creation of hazardous waste.

(d) "Hazardous waste" means those solid, liquid, or gaseous

substances which are classified as hazardous pursuant to

OAR Chapter 340, Division 101.

(e) "Container" means any portable device in which a material is

stored, transported, treated, disposed of, or otherwise handled.

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C)
Stat. Auth.: ORS Ch. 756; ORS Ch. 767

Hist: PUC 3-1979, f. 7-27-79, ef. 8-23-79 (Order No. 79-527);

Renumbered from 860-36-060; PUC 6-1982, f. & ef. 5-6-82

(Order No. 82-336)

860-66-061 TRANSPORTER, REGISTRATION AND IDE~~IFICATION. No

transporter shall transport hazardous waste over public highways in

Oregon without having registered with the Public Utility Commissioner as

a hazardous wa~te transporter and having received an authorized hazardous

waste transporter identification number.

NOTE: As a matter of policy, the Commissioner will accept EPA

identification numbers already assigned and use EPA's registration form

and identification numbering system (Dun and Bradstreet) for transporters

who register in the future.

Stat. Auth.: ORS Ch. 756; ORS Ch. 757; Ch. 767

Hist: PUC 3-79, f. 7-27-79, ef. 8-23-79 (Order No. 79-527);

Renumbered from 860-36-061; PUC 6-1982, f. & ef. 5-6-82

(Order No. 82-336); PUC 1-1984, f. & ef. 2-9-84 (Order

No. 84-076)

860-66-066 INCIDENTS. (1) In the event of an incident, the

transporter shall immediately notify all of the following:

(a) Oregon Accident Response System (Telephone:I-800-452-03il).

(b) National Response Center (Telephone: 1-800-424-8802).

(c) Waste Generator (Telephone: see manifest or other shipping

papers).

(2) The transporter shall note on the manifest the time and location

of the incident and the type and amount of the hazardous waste which has

spilled.

(3) Within fifteen (15) days after the incident, the transporter

shall file a Hazardous Materials Incident Report (DOT Form F5800.0) with

the Public Utility Commissioner.

Stat. Auth.: ORS Ch. 756; ORS Ch. 767

Hist: PUC 3-79, f. 7-27-79, ef. 8-23-79 (Order No. 79-527);

Renumbered from 860-36-066

860-66-067 HAZARDOUS WASTE AND DISCHARGE RESPONSIBILITY. A

transporter must clean up any hazardous waste discharge that occurs

during transportation or take such action as may be required or approved

by the federal, state, or local officials so that the hazardous waste

discharge no longer presents a hazard to human health or environment.

Note: Hazardous waste discharge includes those hazardous substances

which, when spilled, become hazardous waste.

Stat. Auth.: ORS Ch. 756; ORS Ch. 767

Hist: PUC 6-1982, f. & ef. 5-6-82 (Order No. 82-336); PUC 1-1984,

f. & ef. 2-9-84 (Order No. 84-076)

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TRANSPORTATION OF LOGS, POLES. OR PILING

860-66-080.

His~: PUC 120, f. 10-26-62, ef. 11-15-62 (Order No. 38811);

PUC 135, f. 5-9-66, ef. 5-15-66 (Order No. 42332);

PUC 148, f. 7-29-68, ef. 9-1-68 (Order No. 44783);

PUC 156, f. 8-6-73, ef. 8-15-73 (Order No. 73-507);

PUC 3-80, Par~ 1, f. & ef. 6-30-80, (Order No. 79-805);

.Renumbered from 860-36-080; PUC 13-1983, f. & ef. 11-8-83

(Repealed by Order No. 83-718)

860-66-090 GE~ERAL I~TOmlATIO~. Any emp~y ~railer placed upon any

truck or any empty pole trailer loaded upon any truck-tractor shall be

fastened by not less than one binder in such manner as to prevent it from

falling, rolling or sliding off the truck or truck-tractor while in

transit.

Sta~. Auth.: ORS Ch. 756, 757, & 767

Hist: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 126,

f. 2-5-64, ef. 3-1-64 (Order No. 39889); PUC 135,

f. 5-9-66, ef. 5-15-66 (Order ~o. 42332); PUC 143, f. &

ef. 9-21-67 (Order No. 44070); PUC 144, f. & ef. 9-28-67

(Order No. 44075); PCC 148, f. 7-29-68, ef. 9-1-68 (Order

No. 44783); PUC 156, f. 8-6-73, ef. 8-15-73 (Order

No. 73-507); PUC 181, f. 12-30-77, ef. 1-15-78 (Order

No. 77-896); Renumbered from 860-36-090; PUC 6-1982, f. &

ef. 5-6-82 (Order No. 82-336); PUC 8-1982 (Temp), f. & ef.

7-26-82 (Order No. 82-546); PUC 13-1983, f. & ef. 11-8-83

(Order No. 83-718)

(ED. NOTE: The text of Temporary Rules is not printed in

the Oregon Administrative Rules Compilation. Copies may be

obtained from the adopting agency or the Secretary of

State.)

Cm~lISSIONS

860-66-150 CO~lmSSIO~S PAID TO AGENTS. ~lo~or carriers are

forbidden to pay commissions or grant consideration to their agents

upon charges for mo~or carrier services performed for such agents.

Sta~. Auth.: ORS Ch. 756; ORS Ch. 767

Hist: PUC 18, f. 1-21-55, ef. 9-1-54 (Order No. 33203); PUC 120,

f. 10-26-62, ef. 11-15-62 (Order No. 38811); PUC 135,

f: 5-9-66, ef. 5-15-66 (Order No. 42332); PUC 148,

f. 7-29-68, ef. 9-1-68 (Order No. 44783); PUC 156,

f. 8-6-73, ef. 8-15-73 (Order No. 73-507); Renumbered from

860-36-150

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c ..--
which a material

or otherwise

TRANSPORTATION OF HAZARDOUS MATERIALS

860-66-055 ADOPTION OF UNITED STATES DEPAR111ENT OF TRANSPORTATION

HAZARDOUS MATERIALS REGULATIONS.

Except ~s otherwise modified by OAR Chapter 340, Divisions 100

to [125] 110,:: (pertaining to hazardous waste only), the rules and

regulations governing the transportation of hazardous materials, waste

and substances by motor vehicle, prescribed by the United States Department of Transportation in Title 49 Code of Federal Regulations, Parts

177, 397, and such portions of Parts 171-178 as are applicable to motor

carriers, and amendments thereto in effect on [November 1, 1983]

January 1;' 1984, are adopted and prescribed by the Commissioner to

be observed by all carriers subject to ORS Chapter 767.

(Publications: The publication(s) referred to or incorporated by

reference in this rule are available from the office of the Public

Utility Commissioner.)

860-66-060 GENERAL PROVISION; DEFINITIONS: (1) These rules are

in addition to rules adopted by the Oregon Department of Environmental

Quality OAR Chapter 340, Divisions 100 to [125] 110.:

(2) As used herein:

(a) "Transporter" means a person engaged in offsite transportation of hazardous waste by highway.

(b) "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 of

generation to the point of disposal, treatment or storage.

(c) "Generator" means the person, who by virtue of ownership,

management of control, is responsible for causing or allOWing

to be caused the creation of hazardous waste.

(d) "Hazardous waste" means those solid, liquid, or gaseous

substances which are classified as hazardous pursuant to

OAR Chapter 340, Division 101.

[(~)j"Container" means any portable device in

is stored, transported, treated, disposed of,

handled. ]

860-66-067 HAZARDOUS WASTE ~~ DISCHARGE RESPONSIBILITY. A

transporter must clean up any hazardous waste discharge that occurs

during transportation or take such action as may be reqUired or approved

by the federal, state, or local officials so that the hazardous waste

discharge no longer presents a hazard to human health or environment.

Note: Hazardous waste discharge includes those hazardous subst~~ces

which, when spilled, become hazardous waste. See also OAR Chapter 340

Division 108. ».

kdg/2423j

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"