reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.555 - County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee.

(1) If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated to occur at the site, the governing body of the county may conduct an assessment of the social and economic effects on communities within the county that are likely to occur by reason of the major recovery or major remedial action.
(2) When assessing the effects on communities caused by the major recovery or major remedial action, the county governing body may consider, among other matters, the following:
(a) Effects upon roads and streets;
(b) Effects upon existing sewer and water systems;
(c) Effects upon schools;
(d) Effects upon medical facilities and services;
(e) Additional law enforcement requirements;
(f) Additional housing requirements; and
(g) Technical planning requirements.
(3) After completion of the assessment required under this section, the county governing body may impose upon the owner of the site an annual fee reasonably calculated to mitigate the social and economic effects on communities that are occurring or that are likely to occur by reason of the major recovery or major remedial action. The annual fee may be imposed during the first year in which the major recovery or major remedial action is conducted and in each succeeding year for the duration of the major recovery or major remedial action. When a fee is imposed under this section, the fee shall be reviewed in each year and may be adjusted when circumstances make an adjustment necessary or appropriate. The total aggregate fee imposed under this section shall not exceed five percent of the total aggregate cost of the major recovery or major remedial action.
(4) If the entity responsible for conducting the major recovery or major remedial action is different from the owner of the site at which the major recovery or major remedial action is conducted, the fee authorized by this section may be imposed upon either the owner or the entity or upon both jointly. [1997 c.554 §2]
Note:
See note under 465.550.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.600 - Definitions for ORS 465.600 to 465.621.

As used in ORS 465.600 to 465.621:
(1) "Authority" means any public land bank authority created pursuant to ORS 465.600 to 465.621.
(2) "Brownfield" has the meaning given that term in ORS 285A.185.
(3) "Local government" means a local government as defined in ORS 174.116 or a intergovernmental entity created under an intergovernmental agreement between two units of local government under ORS 190.010.
(4) "Remedial action," "remedial action costs" and "removal" have the meanings given those terms in ORS 465.200. [2015 c.631 §1]
Note:
465.600 to 465.621 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.603 - Procedure to create public authority.

(1) A local government may, upon its own motion, consider whether it is advisable to create an authority for the purpose of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties that are located within the geographic boundaries over which the local government has jurisdiction.
(2) If the local government, after public hearing according to the local government’s rules, determines that it is wise and desirable to create in an authority the powers and duties set forth in ORS 465.600 to 465.621, the local government shall by ordinance or resolution create such an authority. The ordinance or resolution shall set forth:
(a) The name of the authority, which shall be "The Land Bank Authority of (local government), Oregon" or other similar distinctive name.
(b) The number of directors of the authority, which must be an odd number not less than five or more than 11.
(c) The names of the initial directors and their initial terms of service, which may not exceed four years.
(d) Other provisions that may be appropriate and not inconsistent with ORS 465.600 to 465.621 or the laws of Oregon.
(3) Upon the adoption of an ordinance or resolution under subsection (2) of this section, the authority shall be deemed established as a municipal corporation of the state and as a body corporate and politic exercising public powers. Notwithstanding any law to the contrary, the authority shall exist as a legal entity separate from the local government that created the authority.
(4) An authority organized under this section shall have all the powers and duties contained in ORS 465.600 to 465.621. [2015 c.631 §2]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.606 - Board of directors; rules; quorum; personnel.

(1) An authority shall be managed and controlled by a board of directors. The initial board of directors shall be appointed by the local government that created the authority. Subsequent directors shall be appointed as provided in this section and the rules adopted by the authority.
(2) The regular term of a member of the board is four years. The board may establish special terms for positions that are shorter than four years for the purpose of staggering the terms of members of the board. Before the expiration of the term of a member, a successor shall be appointed whose term begins on January 1 of the year next following. A member is eligible for reappointment but may serve no more than a total of three terms, including terms shorter than four years. If there is a vacancy for any cause, a new member shall be appointed to complete the unexpired term, subject to the requirements of subsection (3) of this section.
(3) The board of directors must include:
(a) At least one director who is also a member of the governing body of the local government that created the authority;
(b) At least one director who represents the largest municipal corporation within the geographic jurisdiction of the local government that is not a school district;
(c) At least one director who represents the largest school district within the geographic jurisdiction of the local government; and
(d) Subject to the maximum number of directors allowed by the ordinance or resolution establishing the authority, one or more directors who are also members of civic organizations that serve the same geographic jurisdiction as the authority and that have a purpose or mission that aligns with that of the authority.
(4) The board shall hold an annual meeting. The board shall select from among themselves at the annual meeting a chairperson, vice chairperson, secretary, treasurer and other officers as the board determines.
(5) The board shall adopt and may amend rules for calling and conducting its meetings and carrying out its business and may adopt an official seal. All decisions of the board shall be by motion or resolution and shall be recorded in the board’s minute book, which shall be a public record. A majority of the directors of the board constitutes a quorum for the transaction of business, and a majority is sufficient to pass a motion or resolution.
(6) The board may employ employees and agents as the board deems appropriate and provide for their compensation. The employees and agents of the authority are not employees or agents of the local government that created the authority.
(7) A director is not entitled to compensation for service on the board of an authority. [2015 c.631 §3]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.612 - Obligations of authority not obligations of local government; exception.

(1) Except as provided in subsection (2) of this section, the debts, obligations and other liabilities of an authority are not a general or other obligation or liability of the local government that created the authority.
(2) A local government may incur debt, including the issuance of bonds under any bonding authority available to the local government, on behalf of an authority created by the local government and, by ordinance or resolution, deem a debt incurred under this subsection to be a general obligation of the local government and a charge upon its tax revenues. [2015 c.631 §5]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.615 - Exemption from taxation.

(1) Except as provided in subsection (2) of this section, an authority, all assets owned by the authority, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to those bonds and the income from the bonds, shall be exempt from all taxation in the State of Oregon.
(2) The real and personal property owned by the authority and leased to a third party shall be subject to property taxation if the property would be subject to taxation if owned by the lessee. [2015 c.631 §6]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.618 - Remedial action costs; recovery.

(1) An authority shall keep a record of the authority’s remedial action costs.
(2) Notwithstanding any law to the contrary, an authority may, based on the record compiled by the authority under subsection (1) of this section, bring an action to recover from a person liable under ORS 465.255 or 465.260 the amount of the authority’s remedial action costs.
(3) In an action brought by an authority to recover remedial action costs under ORS 465.255 (1) or damages under ORS 468B.310 (1), the court may allow the authority to recover costs, expert witness fees, reasonable attorney fees and prejudgment or preaward interest if the authority prevails in the action. [2015 c.631 §7]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.621 - Dissolution.

(1) Dissolution of an authority may be initiated:
(a) By resolution of the board of directors of the authority, filed with the local government that created the authority, if the board determines that dissolution of the authority is in the best interest of the community served by the authority; or
(b) By resolution of the local government that created the authority:
(A) If, at the time of the annual meeting of the board, board members have not been appointed to fill vacancies on the board as required by ORS 465.606; or
(B) If the local government determines that dissolution of the authority is in the best interest of residents within the jurisdiction of the local government.
(2) Within five days after a resolution of the board is filed or a resolution of the local government is adopted under this section, a copy shall be filed with the secretary of the authority, if any, or with any other officer of the authority who can with reasonable diligence be located.
(3) If there are no members of the board of directors of the authority, the local government shall act as or appoint a board of trustees to act on behalf of the authority to develop and implement a plan for dissolution.
(4) Within 60 days after initiation of the dissolution proceeding, a plan of dissolution shall be filed with the office of the clerk of the county in which the authority is located and shall be available for inspection by any interested person.
(5) Upon approval of dissolution by the governing body of the local government that created the authority, the authority shall be declared dissolved. If the local government has not appointed a board of trustees under subsection (3) of this section:
(a) The board of directors shall constitute a board of trustees that shall pay the debts or procure releases of the debts and dispose of the property of the authority; or
(b) The board of directors may designate the local government as the board of trustees for the purpose of winding up the affairs of the authority.
(6) After the affairs of the authority have been fully settled, all books and records of the authority shall be deposited by the board of trustees in the office of the county clerk of the county in which the authority is located. At the same time, the board of trustees shall execute under oath, and file with the local government that created the authority, a statement that the authority has been dissolved and its affairs liquidated. From the date of the statement, the corporate existence of the authority is terminated for all purposes. [2015 c.631 §8]
Note:
See note under 465.600.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.900 - Civil penalties for violation of removal or remedial actions.

(1) In addition to any other penalty provided by law, any person who violates a provision of ORS 465.200 to 465.485, or any rule or order entered or adopted under ORS 465.200 to 465.485, shall incur a civil penalty not to exceed $25,000 a day for each day that such violation occurs or that failure to comply continues.
(2) The civil penalty authorized by subsection (1) of this section shall be imposed in the manner provided by ORS 468.135, except that a penalty collected under this section shall be deposited in the Hazardous Substance Remedial Action Fund established under ORS 465.381, if the penalty pertains to a release at any facility. [Formerly 466.900; 1991 c.734 §34; 2009 c.267 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.010 - Purpose.

(1)(a) The Legislative Assembly finds that it is in the interest of public health and safety and environment to protect Oregon citizens from the potential harmful effects of the transportation and treatment or disposal of hazardous waste and PCB within Oregon.
(b) Therefore, the Legislative Assembly declares that it is the purpose of ORS 466.005 to 466.385 and 466.992 to:
(A) Protect the public health and safety and environment of Oregon to the maximum extent possible;
(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 Waste Management under ORS 469.930; and
(D) Limit to the extent possible the size of any hazardous waste or PCB treatment or disposal facility in Oregon to a size equal to the amount of waste and PCB originating in Oregon, Washington, Idaho and Alaska of the type handled by such a treatment or disposal facility.
(2) The Legislative Assembly further finds and declares that in the interest of public health and safety and to protect the environment, it is the policy of the State of Oregon to give priority in managing hazardous waste in Oregon to methods that reduce the quantity and toxicity of hazardous waste generated before using methods that reuse hazardous waste, recycle hazardous waste that cannot be reused, treat hazardous waste or dispose of hazardous waste by landfilling. [1985 c.670 §3; 1987 c.540 §4a; 1989 c.833 §95]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.015 - Powers and duties of department.

The Department of Environmental Quality shall:
(1) Provide for the administration, enforcement and implementation of ORS 466.005 to 466.385 and 466.992 and may perform all functions necessary:
(a) To insure the proper management of hazardous waste by generators;
(b) For the regulation of the operation and construction of hazardous waste treatment, storage and disposal sites; and
(c) For the permitting of hazardous waste treatment, storage and disposal sites 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 of ORS 466.005 to 466.385 and 466.992.
(3) After notice and public hearing pursuant to ORS chapter 183, declassify as hazardous waste those substances described in ORS 466.005 (7) which the Environmental Quality Commission finds, after deliberate consideration, taking into account the public health, welfare or safety or the environment, have been properly treated or decontaminated or contain a sufficiently low concentration of hazardous material so that such substances are no longer hazardous. [Formerly 459.430; 1987 c.540 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.020 - Rules and orders.

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall:
(1) Adopt rules and issue orders thereon, including but not limited to establishing minimum requirements for the treatment, storage and disposal of hazardous wastes, minimum requirements for operation, maintenance, monitoring, reporting and supervision of treatment, storage or disposal sites, and requirements and procedures for selection of such sites.
(2) Adopt rules and issue orders thereon relating to the procedures of the Department of Environmental Quality to hearings, filing of reports, submission of plans and the issuance, revocation and modification of permits issued under ORS 466.005 to 466.385 and 466.992.
(3) Adopt rules and issue orders thereon to classify as hazardous waste those residues defined in ORS 466.005 (7)(b).
(4) Adopt rules and issue orders thereon relating to reporting by generators of hazardous waste concerning type, amount and disposition of such hazardous waste and waste minimization activities. Rules may be adopted exempting certain classes of generators from such requirements.
(5) Adopt rules and issue orders relating to the transportation of hazardous waste by air or water.
(6) Adopt rules and issue orders relating to the production, marketing, distribution, transportation and burning of fuels containing or derived from hazardous waste.
(7) Adopt rules and issue orders relating to corrective action, including corrective action within the facility or beyond the facility boundary if necessary to protect public health or the environment, for all releases of hazardous waste or constituents of hazardous waste occurring from locations within the facility or originating within the facility and releasing beyond the facility boundary, from any hazardous waste treatment, storage or disposal facility, regardless of the time the hazardous waste was placed in the facility.
(8) Adopt rules and issue orders relating to the restriction or prohibition of nonhazardous liquid waste in a hazardous waste disposal site.
(9) Adopt rules necessary to implement the certification requirements of ORS 466.357. [Formerly 459.440; 1987 c.540 §6; 1989 c.833 §112]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.025 - Duties of commission.

In order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the Environmental Quality Commission shall:
(1) Limit the number of facilities disposing of or treating hazardous waste or PCB;
(2) Establish classes of hazardous waste or PCB that may be disposed of or treated;
(3) Designate the location of a facility designed to dispose of or treat hazardous waste or PCB; and
(4) Limit to the extent otherwise allowed by law, the hazardous waste or PCB accepted for treatment or disposal at a facility first to hazardous waste or PCB originating in Oregon, or if the capacity of the facility as established under ORS 466.055 allows, or it is necessary for the commission to receive and maintain 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 469.930. [1985 c.670 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.030 - Designation of classes of facilities subject to certain provisions.

The Environmental Quality Commission may, by rule, designate classes of facilities designed to treat or dispose of hazardous waste or PCB that shall be subject to the provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.320. [1985 c.670 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.035 - Commission authority to impose standards for hazardous waste or PCB at Oregon facility.

The Environmental Quality Commission may impose specific standards for the range and type of hazardous waste or PCB treated or disposed of at a facility in order to protect the public health and safety and environment of Oregon. [1985 c.670 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.040 - Application period for PCB or hazardous waste permit.

Whenever the Environmental Quality Commission finds there is a need for an additional hazardous waste or PCB treatment or disposal facility according to the criteria established in ORS 466.055, the commission shall establish an application period during which persons may apply for a PCB disposal facility permit according to the provisions of ORS 466.260 to 466.285 or a hazardous waste disposal facility permit under ORS 466.005 to 466.385 and 466.992. [1985 c.670 §10; 1987 c.540 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.050 - Citizen advisory committees.

(1) To aid and advise the Director of the Department of Environmental Quality and the Environmental Quality 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 (1) of this section shall review applications during an application period established under ORS 466.040 and make recommendations on the applications to the commission. [1985 c.670 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.055 - Criteria for new facility.

Before issuing a permit for a new facility designed to dispose of or treat hazardous waste or PCB, the Environmental Quality Commission must find, on the basis of information submitted by the applicant, the Department of Environmental Quality or any other interested party, that the proposed facility meets the following criteria:
(1) The proposed facility location:
(a) Is suitable for the type and amount of hazardous waste or PCB intended for treatment or disposal at the facility;
(b) Provides the maximum protection possible to the public health and safety and environment of Oregon from release of the hazardous waste or PCB stored, treated or disposed of at the facility; and
(c) Is situated sufficient distance from urban growth boundaries, as defined in ORS 197.015, to protect the public health and safety, accessible by transportation routes that minimize the threat to the public health and safety and to the environment and sufficient distance from parks, wilderness and recreation areas to prevent adverse impacts on the public use and enjoyment of those areas.
(2) Subject to any applicable standards adopted under ORS 466.035, the design of the proposed facility:
(a) Allows for treatment or disposal of the range of hazardous waste or PCB as required by the commission; and
(b) Significantly adds to:
(A) The range of hazardous waste or PCB handled at a treatment or disposal facility currently permitted under ORS 466.005 to 466.385; or
(B) The type of technology employed at a treatment or disposal facility currently permitted under ORS 466.005 to 466.385.
(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 of adequate current treatment or disposal capacity in Oregon, Washington, Idaho and Alaska to handle hazardous waste or PCB generated by Oregon companies;
(b) A finding that operation of the proposed facility would result in a higher level of protection of the public health and safety or environment; or
(c) Significantly lower treatment or disposal costs to Oregon companies.
(5) The proposed hazardous waste or PCB treatment or disposal facility has no major adverse effect on either:
(a) Public health and safety; or
(b) Environment of adjacent lands. [1985 c.670 §5; 1987 c.540 §18; 1989 c.833 §96; 2023 c.13 §101]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.060 - Criteria to be met by owner and operator before issuance of permit.

(1) Before issuing a permit for a facility designed to treat or dispose of hazardous waste or PCB, the permit applicant must demonstrate, and the Environmental Quality Commission must find, that the owner and operator meet the following criteria:
(a) 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
(b) The compliance history of the owner including any parent company of the owner and the operator in owning and operating other similar facilities, if any, indicates an ability and willingness to operate the proposed facility in compliance with the provisions of ORS 466.005 to 466.385 and 466.992 or any condition imposed on the permittee by the commission.
(2) If requested by the permit applicant, information submitted as confidential under subsection (1)(a) of this section shall be maintained confidential and exempt from public disclosure to the extent provided by Oregon law. [1985 c.670 §7; 1987 c.540 §19; 1989 c.833 §97]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.067 - Modification of PCB or hazardous waste permit to allow recycling operation; fee.

(1) The Department of Environmental Quality may issue a permit modification under ORS 466.005 to 466.385 authorizing a recycling operation at a hazardous waste or PCB treatment or disposal facility located off the site of waste generation and operating on July 15, 1999, and shall not apply ORS 466.055 or 466.060, provided the owner or operator of the facility obtains a determination from the department that, in accordance with the Federal Resource Conservation and Recovery Act, P.L. 94-580, and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, the recycling operation is legitimate and will produce material that is exempt from the definition of solid waste.
(2) The department shall apply the schedule of fees authorized by ORS 466.045 (5)(c) and (d) to defray the costs of processing the application for authorization for permit modification and making the determination under subsection (1) of this section. [1999 c.740 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.068 - Technical assistance and information program for generators of hazardous waste; rules.

(1) The Department of Environmental Quality shall implement a technical assistance and information program for generators of hazardous waste. The program shall include but need not be limited to:
(a) Direct, on-site assistance;
(b) Coordination with industry trade associations;
(c) Information clearinghouse activities;
(d) Publications and workshops; and
(e) Other activities related to technical assistance.
(2) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection. [1991 c.721 §5; 2003 c.654 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.069 - Hazardous Waste Technical Assistance Fund; uses; limitations.

(1) The Hazardous Waste Technical Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the Hazardous Waste Technical Assistance Fund shall be credited to the fund.
(2) Moneys in the Hazardous Waste Technical Assistance Fund are continuously appropriated to the Department of Environmental Quality to implement ORS 466.068.
(3) The department may not expend more than 15 percent of the moneys in the fund to pay for the department’s administrative and personnel costs in implementing ORS 466.068. [2003 c.654 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.070 - Standards for rules.

(1) In adopting rules under ORS 466.020 regulating the disposal of hazardous wastes, including, but not limited to, rules for the operation and maintenance of hazardous waste disposal sites, the Environmental Quality Commission shall provide for the highest and best practicable disposal of the hazardous wastes in a manner that will minimize:
(a) The possibility of a dangerous uncontrolled reaction, the release of leachate, noxious gases or odors, fire, explosion or the discharge of the hazardous wastes; and
(b) The amount of land used for burial of the hazardous wastes.
(2) The Department of Environmental Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under ORS 466.020 and subsection (1) of this section and shall report its findings and recommendations to the commission. [Formerly 459.442]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.075 - Rules for generators of hazardous waste.

(1) The Environmental Quality Commission may, by rule, require generators of hazardous waste to:
(a) Identify themselves to the Department of Environmental Quality, list the location and general characteristics of their activity and name the hazardous waste generated;
(b) Keep records that accurately identify the quantities of such hazardous waste, the constituents thereof, the disposition of such waste and waste minimization activities;
(c) Furnish information on the chemical composition of such hazardous waste to persons transporting, treating, storing or disposing of such waste;
(d) Use a department approved manifest system to assure that all such hazardous waste generated is 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;
(e) Submit reports to the department setting out quantities of hazardous waste generated during a given time period, the disposition of all such waste and waste minimization activities;
(f) Comply with specific waste management standards; and
(g) Minimize the amount or toxicity of hazardous waste generated.
(2) The generator of a hazardous waste shall be allowed to store a hazardous waste produced by that generator on the premises of that generator for a term not to exceed that set by rule without obtaining a hazardous waste storage site permit. This shall not relieve any generator from complying with any other rule or standard regarding storage of hazardous waste.
(3) The commission by rule may exempt certain classes or types of hazardous waste generators from part or all of the requirements upon generators adopted by the commission. Such an exemption can only be made if the commission finds that, because of the quantity, concentration, methods of handling or use of a 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 permit for the treatment of hazardous waste on the premises of a generator. Such a special permit 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. [Formerly 459.445; 1987 c.540 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.077 - Fee for generators of hazardous waste to obtain identification number.

(1) Generators of hazardous waste who are required to obtain a United States Environmental Protection Agency identification number from the Department of Environmental Quality pursuant to 40 C.F.R. 262.12 shall pay to the department a one-time processing fee of $200 at the time of submitting an application for the identification number.
(2) Fees paid under this section are continuously appropriated to the department to pay the costs of implementing ORS 466.005 to 466.385. [2003 c.654 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.080 - Rules for transportation of hazardous waste.

In adopting rules governing transportation of any hazardous wastes for which a permit is required, the Department of Transportation or the State Department of Agriculture must consult with and consider the recommendations of the Department of Environmental Quality prior to the adoption of any such rules. Transporters shall be required to deliver hazardous wastes to a site named in the manifest provided for in ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, or to an alternative site approved by the department. [Formerly 459.450; 1993 c.422 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.086 - Gaining federal authorization; rules.

(1) The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain interim and final authorization of a hazardous waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act, P.L. 94-580 and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal regulations and interpretive and guidance documents issued pursuant to the Federal Resource Conservation and Recovery Act.
(2) The commission may adopt, amend or repeal any rule or license and the commission or department may enter into any agreement necessary to implement this section. [1987 c.540 §54 (enacted in lieu of 466.085)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.090 - Inspection and copying of records authorized; exceptions.

(1) Except as provided in subsection (2) of this section, any information filed or submitted pursuant to ORS 466.005 to 466.385 and 466.992 shall be made available for public inspection and copying during regular office hours of the Department of Environmental Quality at the expense of any person requesting copies.
(2) Unless classified by the Director of the Department of Environmental Quality as confidential, any records, reports or information obtained under ORS 466.005 to 466.385 and 466.992 shall be available to the public. Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the director shall classify as confidential such record, report or information, or particular part thereof. However, such record, report or information may be disclosed to other officers, employees or authorized representatives of the state concerned with carrying out ORS 466.005 to 466.385 and 466.992 or when relevant in any proceeding under ORS 466.005 to 466.385 and 466.992.
(3) Records, reports and information obtained or used by the department or the Environmental Quality Commission in administering the state hazardous waste program under ORS 466.005 to 466.385 and 466.992 shall be available to the United States Environmental Protection Agency and the federal Agency for Toxic Substances and Disease Registry, upon request. If the records, reports or information has been submitted to the state under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency and the Agency for Toxic Substances and Disease Registry for the requested records, reports or information. The federal agencies shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 459.460; 1987 c.540 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.095 - Hazardous waste to be stored or treated at permitted site; exemptions.

(1) Except as provided in ORS 466.075 (2), no person shall:
(a) Store a hazardous waste anywhere in this state except at a permitted hazardous waste treatment, storage or disposal site;
(b) Establish, construct or operate a hazardous waste storage site in this state without obtaining a hazardous waste storage site permit issued pursuant to ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992; or
(c) Establish, construct or operate a hazardous waste treatment site in this state without obtaining a hazardous waste treatment site permit issued under ORS 466.005 to 466.385 and 466.992.
(2) The Environmental Quality Commission may exempt certain classes of hazardous waste storage or treatment sites from part or all of the permitting requirements for these sites. Such an exemption can only be made if the commission finds that, because of the quantity, concentration or type of waste or duration of storage, such a class of storage or treatment site is not likely to endanger the public health, welfare or safety or the environment.
(3) If the Director of the Department of Environmental Quality 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. [Formerly 459.505; 1987 c.540 §9; 1993 c.422 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.100 - Disposal of waste restricted; permit required.

(1) Except as provided in subsection (3) of this section, no person shall dispose of any hazardous waste anywhere in this state except at a hazardous waste disposal site permitted pursuant to ORS 466.110 to 466.170.
(2) No person shall establish, construct or operate a disposal site without a permit therefor issued pursuant to ORS 466.005 to 466.385 and 466.992.
(3) The Department of Environmental Quality may authorize disposal of specified hazardous wastes at specified solid waste disposal sites operating under department permit issued pursuant to ORS 459.205 to 459.385. Such authorization may be granted only under procedures approved by the Environmental Quality Commission, which shall include a determination by the department that such disposal will not pose a threat to public health, welfare or safety or to the environment. [Formerly 459.510; 1987 c.540 §21; 1993 c.560 §103]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.105 - Duties of permittee.

Each hazardous waste storage or treatment site permittee shall be required to do the following as a condition to holding the permit:
(1) Maintain records of any hazardous waste identified pursuant to provisions of ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992 which is stored or treated at the site and the manner in which such waste was stored or treated, transported and disposed of.
(2) Report periodically to the Department of Environmental Quality on types and volumes of wastes received, their manner of disposition and waste minimization activities for any hazardous waste generated on the premises.
(3) Participate in the manifest system designed by the department.
(4) Maintain current contingency plans to minimize damage from spillage, leakage, explosion, fire or other accidental or intentional event.
(5) Maintain sufficient liability insurance or equivalent financial assurance in such amounts as determined by the department to be reasonably necessary to protect the environment and the health, safety and welfare of the people of this state.
(6) Assure that all personnel who are employed by the permittee are trained in proper procedures for handling, transfer, transport, treatment and storage of hazardous waste including, but not limited to, familiarization with all contingency plans.
(7) Maintain other plans and exhibits and take other actions pertaining to the site and its operation as determined by the department to be reasonably necessary to protect the public health, welfare or safety or the environment.
(8) Restore, to the extent reasonably practicable, the site to its original condition when use of the area is terminated.
(9) Maintain a cash bond or other equivalent financial assurance in the name of the state in an amount estimated by the department to be sufficient to cover any costs of closing the site, including corrective actions, and monitoring it or providing for its security after closure and to secure performance of all permit requirements. The financial assurance shall remain available for the duration of the permit and until the site is closed, except to the extent it is released or modified by the department.
(10) Provide corrective action, including corrective action within the facility or beyond the facility boundary when determined by the department to be necessary to protect public health, welfare, safety or the environment, for all releases of hazardous wastes or constituents of hazardous waste, occurring from locations within the facility or originating within the facility and releasing beyond the facility boundary, regardless of the time the hazardous waste was placed at the facility. The department shall provide to the permittee a written directive for the necessary corrective action. [Formerly 459.517; 1987 c.540 §10; 1993 c.422 §24]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.107 - Action under ORS 466.105 against guarantor.

(1) If a permittee is in bankruptcy, reorganization, or arrangement under the Federal Bankruptcy Code or if, with reasonable diligence, jurisdiction in any state court or any federal court cannot be obtained over a permittee likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility is required under ORS 466.105 (5) and (9) may be asserted directly against the guarantor providing the evidence of financial responsibility. In an action under this section, the guarantor shall be entitled to all rights and defenses that would have been available to the permittee if the action had been brought against the permittee and that would have been available to the guarantor if the action had been brought against the guarantor by the permittee.
(2) The total liability of any guarantor shall be limited to the aggregate amount the guarantor has provided as evidence of financial responsibility to the permittee under ORS 466.105 (5) or (9). Nothing in this section shall be construed to limit any other state or federal statutory, contractual or common law liability of a guarantor to a permittee including, but not limited to, the liability of a guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim.
(3) As used in this section, "guarantor" means any person other than the permittee, who provides evidence of financial responsibility for a permittee under ORS 466.105 (5) or (9). [1987 c.540 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.110 - Application; form.

(1) The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a hazardous waste storage or treatment site.
(2) In addition to information requested on the application form, the department shall also require the submission of such information relating to the construction, development or establishment of a proposed hazardous waste storage or treatment 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. [Formerly 459.535; 1987 c.540 §22]