reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.115 - Required application information.

Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a hazardous waste disposal site must contain the following:
(1) The management program for the operation of the site, including the person to be responsible for the operation of the site and a resume of the qualifications of the person, the proposed method of disposal, the proposed method of pretreatment or decontamination upon the site, if any, and the proposed emergency measures to be provided at such site.
(2) A description of the size and type of facilities to be constructed upon the site, including the height and type of fencing to be used, the size and construction of structures 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 of fire control facilities to be provided at such site.
(3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and development of the site and the waste treatment and water supply facilities, if any, to be used at such site.
(4) The exact location and place where the applicant proposes to operate and maintain the site, including the legal description of the lands included within such site.
(5) A preliminary geologist’s survey report indicating land formation, location of water resources and direction of the flows thereof and the opinion of the geologist relating to possible sources of contamination of such water resources.
(6) The names and addresses of the applicant’s current or proposed insurance carriers, including copies of insurance policies then in effect. [Formerly 459.540; 1987 c.540 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.120 - Required application information to operate site.

Applications for a permit to operate a hazardous waste storage or treatment site shall include at a minimum:
(1) The name and address of the applicant and the exact location of the proposed storage or treatment site.
(2) Estimates with respect to compositions, quantities and concentrations of any hazardous waste identified under ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, and the time, frequency or rate at which such hazardous waste may be received, stored, treated, transported or disposed.
(3) A description of the operational plan for the site, including handling methods, storage or treatment methods, hours and days of operation and a preliminary engineering sketch showing layout of the site, location of water supply and drainage facilities and traffic flow.
(4) A description of security measures at the site including, but not limited to, type, height and location of fencing, manner for controlling access to the site, alarm systems and warning signs.
(5) The name of any person who will be responsible for managing the operation of the site and a statement of the qualifications of such persons.
(6) The name of the liability insurance carrier who will provide coverage required in ORS 466.105. [Formerly 459.545; 1987 c.540 §24; 1993 c.422 §25]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.125 - Notice of hearings on applications.

(1) Prior to holding hearings on a hazardous waste disposal site permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application.
(2) 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. [Formerly 459.550; 1987 c.540 §25]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.130 - Public hearing in areas of proposed site required.

The Environmental Quality 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 of Environmental Quality 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. [Formerly 459.560]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.135 - Recommendations by state agencies on applications; effect.

Upon receipt of an application for a hazardous waste disposal site permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond by making a recommendation as to whether the permit application should be granted. If the Oregon Health Authority recommends against granting the permit, the Environmental Quality Commission must refuse to issue the permit. Recommendation from other agencies shall be considered as evidence in determining whether to grant the permit. [Formerly 459.570; 1987 c.540 §26; 2009 c.595 §944]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.140 - Review of applications; issuance.

(1) The Department of Environmental Quality shall examine and review all hazardous waste disposal site permit applications submitted to it and make such investigations as it considers necessary, and make a recommendation to the Environmental Quality Commission as to whether to issue the permit.
(2) After reviewing the department’s recommendations under subsection (1) of this section, the commission shall decide whether or not to issue the permit. It shall cause notice of its 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. [Formerly 459.580; 1987 c.540 §27]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.145 - Review of treatment applications; issuance.

(1) The Department of Environmental Quality shall review and cause to be investigated all hazardous waste treatment site permit applications submitted to it.
(2) After reviewing and investigating the application, the department shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the address designated in the application. The decision of the department is subject to review by the Environmental Quality Commission under the provisions of ORS chapter 183 governing contested cases. [Formerly 459.585; 1987 c.540 §28]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.150 - Permit requirements.

Each hazardous waste disposal site permittee under ORS 466.005 to 466.385 and 466.992 shall be required to do the following as a condition to holding the permit:
(1) Proceed expeditiously with and complete the project in accordance with the plans and specifications approved therefor pursuant to ORS 466.005 to 466.385 and 466.992 and the rules adopted thereunder.
(2) Commence operation, management or supervision of the hazardous waste disposal site on completion of the project and not to permanently discontinue such operation, management or supervision of the site without the approval of the Department of Environmental Quality.
(3) 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.
(4) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable risks.
(5) Restore, to the extent reasonably practicable, the site to its original condition when use of the area is terminated as a site.
(6) Maintain a cash bond or other equivalent financial assurance in the name of the state and 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 permit requirements. The financial assurance shall remain in effect for the duration of the permit and until the end of the post-closure period, except as the assurance may be released or modified by the department.
(7) Report periodically on the volume of material received at the site, the fees collected therefor and waste minimization activities for any hazardous waste generated on the premises.
(8) 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. [Formerly 459.590; 1987 c.284 §1; 1987 c.540 §11; 1999 c.740 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.153 - Exemption from state or local laws for sale or deeding of land.

The requirements of ORS chapters 92, 195, 197 and 197A and other state and local laws for the sale or deeding of land do not apply to:
(1) Any portion of a hazardous waste disposal site deeded to the state as a condition of issuance of a hazardous waste disposal site license under ORS 466.150 (1) (1985 Replacement Part) that the state deeds back to the licensee.
(2) Any real property deeded to the state as a condition of issuance of a PCB disposal facility license under ORS 466.320 (1) (1985 Replacement Part) that the state deeds back to the licensee. [1987 c.284 §5 and 1987 c.540 §55]
Note:
466.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 466 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 466 - Hazardous Waste and Hazardous Materials II › Section 466.155 - Acquisition by condemnation.

The Environmental Quality Commission may acquire real property for the disposal of hazardous wastes by instituting condemnation proceedings therefor to be conducted in accordance with ORS chapter 35. [Formerly 459.595]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.160 - Site permit fees; disposition; withdrawal by permittee.

(1) The hazardous waste treatment, storage or disposal site permit shall require a fee based either on the volume of material accepted at the site or a percentage of the fee collected, or both. The fees shall be calculated in amounts estimated to produce over the site use period a sum sufficient to:
(a) Secure performance of permit requirements;
(b) Close the site;
(c) Provide for any monitoring or security of the site after closure; and
(d) Provide for any remedial action by the state necessary after closure to protect the public health, welfare 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 permittee together with the earnings thereon equals the amount of the financial assurance required under ORS 466.150 (6), the permittee shall be allowed to withdraw the financial assurance.
(3) If the site is closed before the fees reach an amount equal to the financial assurance, appropriate adjustment shall be made and the reduced portion of the financial assurance may be withdrawn. [Formerly 459.600; 1987 c.284 §3; 1987 c.540 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.165 - Annual fees; use.

(1) An annual fee may be required of every generator, air or water transporter and permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate, less any federal funds budgeted therefor by legislative action, to carry on the monitoring, inspection and surveillance program established under ORS 466.195 and to cover related administrative costs.
(2) A generator assessed an annual fee established under subsection (1) of this section shall pay only that part of the annual fee that exceeds the amount paid in the previous calendar year under ORS 465.375 (3).
(3) A generator assessed an annual fee under subsection (1) of this section shall pay to the Department of Environmental Quality, as part of the annual fee, an annual hazardous waste generation fee of $130 per metric ton of waste generated during the year. Notwithstanding the amount of waste generated during the year, the hazardous waste generation fee paid under this subsection may not exceed $32,500.
(4) The limitation on the hazardous waste generation fee in subsection (3) of this section does not apply to late charges assessed by the department for failure to pay the hazardous waste generation fee by the due date.
(5) Fees collected under this section are continuously appropriated to the department to pay the cost of carrying on the monitoring, inspection and surveillance program under ORS 466.195 and related administrative costs. [Formerly 459.610; 1987 c.540 §29; 1991 c.721 §3; 2003 c.654 §6; 2007 c.84 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.168 - Annual fee for used oil processor.

The Environmental Quality Commission may require every used oil processor to pay an annual fee. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate to carry out used oil processor technical assistance, monitoring and inspections necessary to implement the used oil management requirements adopted by the commission under ORS 459A.590 and 466.086. [1997 c.576 §4]
Note:
466.168 was added to and made a part of 466.005 to 466.385 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.170 - Revocation of permit; judicial review.

The Environmental Quality Commission may revoke any permit issued under ORS 466.005 to 466.385 and 466.992 after public hearing upon a finding that the permittee has violated any provision of ORS 466.005 to 466.385 and 466.992 or rules adopted pursuant thereto or any material condition of the permit, subject to review under ORS chapter 183. [Formerly 459.620; 1987 c.540 §30]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.175 - Disposition of site or facility after revocation; acquisition of site by department.

(1) If the Environmental Quality Commission revokes a permit under ORS 466.170, the commission may:
(a) Close an existing hazardous waste disposal site or facility; or
(b) Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal, storage or treatment of hazardous waste according to the provisions of subsection (2) of this section.
(2) The department may, upon direction of the commission and upon payment of just compensation, acquire and own an existing facility or site for use in the disposal, storage or treatment of hazardous waste. In order to secure such a site, the commission may modify or waive any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS 469.375 or 469.525, if it finds that such waiver or modification:
(a) Is necessary to make operation of the facility or site economically feasible; and
(b) Will not endanger the public health and safety or the environment. [Formerly 459.635; 1987 c.540 §31; 1993 c.422 §26; 1993 c.560 §104]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.180 - Department authority to limit storage, disposal or treatment.

(1) The Department of Environmental Quality may limit, prohibit or otherwise restrict the storage, treatment or disposal of any hazardous waste if appropriate to protect public health, welfare or safety or the environment or to prolong the useful life of a hazardous waste disposal site.
(2) The department shall monitor the origin and volume of hazardous waste received at a hazardous waste treatment or disposal site and may curtail or reduce the volume of the wastes that may be accepted for disposal as necessary to prolong the useful life of the site.
(3) The department may restrict or prohibit the disposal of nonhazardous liquid waste in a hazardous waste disposal site. [Formerly 459.640; 1987 c.540 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.185 - Investigation upon complaint; hearings; orders.

(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any generator, air or water transporter or hazardous waste disposal, storage or treatment site is unsafe or that the operation is in violation of the provisions of ORS 466.005 to 466.385 and 466.992 or the rules adopted under ORS 466.005 to 466.385 and 466.992.
(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. A copy of the complaint shall be furnished by the department to the respondent. 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) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality 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 of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [Formerly 459.650; 1987 c.540 §32; 1999 c.849 §§93,94; 2003 c.75 §39]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.190 - Investigation upon motion of department; findings and orders.

(1) Whenever the Department of Environmental Quality believes that the operation of any hazardous waste generator, air or water transporter or disposal, storage or treatment site is unsafe, or in violation of ORS 466.005 to 466.385 and 466.992 or not in compliance with rules or orders, the department may, upon its own motion, investigate the operation of the site.
(2) The department may, after it has made an investigation under subsection (1) of this section, without notice and hearing, make such findings and orders as it considers necessary from the results of its investigation.
(3) The findings and orders made by the department under subsection (2) of this section may:
(a) Require changes in operations conducted, practices utilized and operating procedures found to be in violation of ORS 466.005 to 466.385 and 466.992 or the rules adopted thereunder.
(b) Require compliance with the provisions of the permit.
(4) The department shall deliver a certified copy of all orders issued by it under subsection (2) of this section to the respondent or the respondent’s duly authorized representative at the address furnished to the department in the permit application. The order shall take effect 20 days after the date of its issuance, unless the respondent requests a hearing on the order before the Environmental Quality Commission before the 20-day period has expired. The request for a hearing shall be submitted in writing and shall include the reasons for requesting the hearing. At the conclusion of the hearing, the commission may affirm, modify or reverse the original order.
(5) All hearings before the commission shall be in compliance with applicable provisions of ORS chapter 183. Judicial review of all orders entered after hearing or where no hearing is requested shall be in accordance with the applicable provisions of ORS chapter 183 for judicial review of contested cases. [Formerly 459.660; 1987 c.540 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.195 - Monitoring and surveillance program; inspection.

(1) The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all hazardous waste generators, air or water transporters and disposal, storage and treatment sites or may contract with any qualified public or private agency to do so.
(2) Any person who generates, stores, treats, transports, disposes of or otherwise handles or has handled hazardous waste, shall upon request of any officer, employee or representative of the department, furnish information relating to such waste and permit such person at all reasonable times to have access to and to copy all records relating to such waste.
(3) For the purposes of enforcing the provisions of ORS 466.005 to 466.385, any officer, employee or representative of the department may:
(a) Enter at reasonable times any establishment or other place where hazardous waste is or has been generated, stored, treated, disposed of or transported from; and
(b) Inspect and obtain samples from any person of any such waste and samples of any containers or labeling for such waste. [Formerly 459.670; 1987 c.540 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.200 - Procedure for emergencies.

(1) Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or surveillance of operation of any generator, air or water transporter or hazardous waste disposal, storage or treatment site, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare or safety or to the environment exists from the continued operation of the site, without hearing or prior notice, the department shall order the operation of the site halted by service of the order on the site superintendent.
(2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable relief required to protect the public health, welfare or safety or the environment and may begin proceedings to revoke the permit if grounds for revocation exist. [Formerly 459.680; 1987 c.540 §34]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.208 - Requirement to reimburse department for costs associated with implementing corrective action.

In accordance with the rules adopted by the Environmental Quality Commission under ORS 466.045 (5), the permittee, owner or operator shall be responsible for reimbursing the Department of Environmental Quality for the costs of the department associated with the implementation of corrective action. [1997 c.576 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.210 - Actions or proceedings to enforce compliance.

Whenever it appears to the Department of Environmental Quality that any person is engaged or about to engage in any acts or practices which constitute a violation of ORS 466.005 to 466.385 and 466.992 or the rules and orders adopted thereunder or of the terms of the permit, without prior administrative hearing, the department may institute actions or proceedings for legal or equitable remedies to enforce compliance therewith or to restrain further violations thereof. [Formerly 459.690; 1987 c.540 §35]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.215 - Post-closure permit for disposal site; rules; fee.

(1) At the time a hazardous waste disposal site is closed, the person permitted under ORS 466.110 to 466.170 to operate the site, must obtain a post-closure permit from the Department of Environmental Quality.
(2) A post-closure permit issued under this section must be maintained until the end of the post-closure period established by the Environmental Quality Commission by rule.
(3) In order to obtain a post-closure permit the permittee must provide post-closure care which shall include at least the following:
(a) Monitoring and security of the hazardous waste disposal site; and
(b) Any remedial action necessary to protect the environment and the public health, welfare and safety.
(4) The commission may by rule establish a post-closure permit application fee. [Formerly 459.695; 1987 c.540 §36]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.250 - Definition of "PCB disposal facility."

As used in ORS 466.250, 466.255 (2) and (3) and 466.260 to 466.350, "PCB disposal facility" includes a facility for the treatment or disposal of PCB. [1985 c.670 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.255 - Disposal of PCB restricted; permit required for PCB disposal facility.

(1) No new PCB disposal facility shall be constructed on or after January 1, 1985, without first complying with ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(2) No person shall treat or dispose of any PCB anywhere in this state except at a PCB disposal facility operating under a permit pursuant to ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(3) No person shall establish, construct or operate a PCB disposal facility without a permit therefor issued under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. [1985 c.670 §§14,43; 1987 c.540 §37]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.260 - Duties of department.

The Department of Environmental Quality shall:
(1) Provide for the administration, enforcement and implementation of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 and may perform all functions necessary:
(a) To regulate the operation and construction of a PCB disposal facility; and
(b) For the permitting of a 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 of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. [1985 c.670 §15; 1987 c.540 §38]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.265 - Rules for regulation of PCB disposal.

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall:
(1) 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 of such facilities.
(2) Adopt rules and issue orders relating to the procedures of the Department of Environmental Quality with respect to hearings, filing of reports, submission of plans and the issuance, revocation and modification of permits issued under ORS 466.005 to 466.385. [1985 c.670 §16; 1987 c.158 §88; 1987 c.540 §39]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.270 - Criteria for rules; study of disposal methods.

(1) In adopting rules under ORS 466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner that will minimize the possibility of adverse effects on the public health and safety or environment.
(2) The Department of Environmental Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under subsection (1) of this section and ORS 466.265 and shall report its findings and recommendations to the commission. [1985 c.670 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.275 - Permit application for PCB disposal facility.

Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following:
(1) The management program for the operation of the 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 of facility to be constructed, including the height and type of fencing to be used, the size and construction of structures 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 of fire 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 of the 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 of such contamination.
(6) The names and addresses of the applicant’s current or proposed insurance carriers, including copies of insurance policies then in effect. [1985 c.670 §18; 1987 c.540 §40]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.280 - Copies of application to be sent to affected state agencies.

Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within the period specified by the Department of Environmental Quality by making a written recommendation as to whether the permit application should be granted. Recommendation from other agencies shall be considered in determining whether to grant the permit. [1985 c.670 §19; 1987 c.540 §41; 2009 c.595 §945]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.285 - Notice of hearings on application.

(1) Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality 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 permit 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. [1985 c.670 §20; 1987 c.540 §42]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.290 - Public hearing in area of proposed facility required.

The Environmental Quality 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 of Environmental Quality 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. [1985 c.670 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.295 - Examination of applications; recommendation to commission; decision as to issuance; notice to applicant.

(1) At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers necessary, and make a recommendation to the commission as to whether to issue the permit.
(2) After reviewing the department’s recommendations under subsection (1) of this section, the commission shall decide whether or not to issue the permit. It shall cause notice of its 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. [1985 c.670 §22; 1987 c.540 §43]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.300 - Restrictions on commission authority to issue permit.

The Environmental Quality Commission may not issue a permit under ORS 466.295 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 and permits required to operate a hazardous waste incinerator. [1985 c.670 §23; 1987 c.540 §44]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.305 - Investigation of complaints; hearing; order.

(1) The Department of Environmental Quality 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 permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.
(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) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality 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 of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 §24; 1987 c.540 §45; 1999 c.849 §§96,97; 2003 c.75 §40]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.310 - Monitoring, inspection and surveillance program; access to facility and records.

The Department of Environmental Quality 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 permittee to do so. Owners and operators of a 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. [1985 c.670 §25; 1987 c.540 §46]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.315 - Procedure for emergency.

(1) Whenever, in the judgment of the Department of Environmental Quality, 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 of the facility, without hearing or prior notice, the department shall order the operation of the facility halted by service of the order on the facility operator or an agent of the operator.
(2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable relief required to protect the public health or safety or the environment and may begin proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 §26; 1987 c.540 §47]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.320 - Conditions for holding permit.

Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the following as a condition to holding the permit:
(1) Proceed expeditiously with and complete the project in accordance with the plans and specifications approved and the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(2) 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 of the Department of Environmental Quality.
(3) 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.
(4) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable risks.
(5) Restore, to the extent reasonably practicable, the area of the facility to its original condition when use of the area is terminated as a facility.
(6) Maintain a cash bond or other equivalent financial assurance in the name of the state and in an amount estimated by the department to be sufficient to cover any costs of closing the facility and monitoring it or providing for its security after closure, to secure performance of permit requirements and to provide for any remedial action by the state necessary to protect the public health and safety and the environment following facility closure. The financial assurance shall remain on deposit for the duration of the permit and until the end of the post-closure period, except as the assurance may be released or modified by the department.
(7) Report periodically to the department on the volume and types of PCB received at the facility, their manner of disposition and the fees collected therefor.
(8) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the department to be reasonably necessary to protect the public health or safety or the environment.
(9) Maintain records of any PCB identified under provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 which is stored, treated or disposed of at the facility and the manner in which the PCB was stored, treated, transported or disposed of. The records shall be retained for the period of time determined by the Environmental Quality Commission.
(10) Assure that all personnel who are employed by the permittee are trained in proper procedures for handling, transfer, transport, treatment, disposal and storage of PCB including but not limited to familiarization with all contingency plans.
(11) If disposal is by incineration, the facility must also incinerate a reasonable ratio of hazardous waste. [1985 c.670 §27; 1987 c.284 §2; 1987 c.540 §48]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.325 - Annual fee.

An annual fee may be required of every PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate to carry on the monitoring, inspection and surveillance program established under ORS 466.310 and to cover related administrative costs. All such fees are continuously appropriated to the Department of Environmental Quality to pay the cost of the program under ORS 466.310. [1985 c.670 §28; 1987 c.540 §49]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.330 - Acquisition by state of real property for disposal of PCB.

The Environmental Quality Commission may acquire real property for the disposal of PCB by instituting condemnation proceedings therefor to be conducted in accordance with ORS chapter 35. [1985 c.670 §29]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.335 - Consequences of revocation.

(1) If the Environmental Quality Commission revokes a PCB disposal facility permit under ORS 466.170, the commission may:
(a) Close the existing PCB disposal site or facility; or
(b) Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal or treatment of PCB according to the provisions of subsection (2) of this section.
(2) The department may, upon direction from the commission and after payment of just compensation, acquire and own an existing facility for use in the disposal of PCB. In order to secure such a facility, the commission may modify or waive any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS 469.375 or 469.525, if the commission finds that waiver or modification:
(a) Is necessary to make operation of the facility economically feasible; and
(b) Will not endanger the public health and safety or the environment. [1985 c.670 §30; 1987 c.540 §50; 1993 c.422 §27; 1993 c.560 §105]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.340 - Restrictions on treatment or disposal of PCB at facility.

(1) The Department of Environmental Quality 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 of PCB received at a disposal facility acquired and regulated under ORS 466.335, 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 of the 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. [1985 c.670 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.345 - PCB facility permit fee.

(1) The PCB disposal facility permit shall require a fee based either on the volume of PCB accepted at the facility or a percentage of the fee collected, or both. The fees shall be calculated in amounts estimated to produce over the facility use period a sum sufficient to:
(a) Secure performance of permit requirements;
(b) Close the facility;
(c) Provide for any monitoring or security of the 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 permittee together with the earnings thereon equals the amount of the financial assurance required under ORS 466.320, the permittee 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 of the financial assurance may be withdrawn. [1985 c.670 §32; 1987 c.284 §4; 1987 c.540 §51]