reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.109 - Effect of certain laws on cities and counties.

Nothing in ORS 215.203, 215.213, 215.283, 308A.056, 315.141, 315.144, 469.320 and 469B.403:
(1) Supersedes any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste; or
(2) Authorizes the collection of solid waste within a city or county without permission of the city or county. [2007 c.739 §39]
Note:
459.109 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 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 459 - Solid Waste Management › Section 459.118 - Study of transportation routes and modes of transportation for transport of out-of-region solid waste.

Before any disposal site operator enters into a new contract to receive more than 75,000 tons per year of solid waste from outside the region, the person proposing to transport the solid waste to the disposal site shall conduct or have conducted a study of the alternative transportation routes and modes of transportation that may be used to transport the solid waste to the disposal site. The study conducted under this section shall be made available, upon request, to any person. [1991 c.765 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.121 - Legislative committee hearing on transportation study.

Upon completion of the study required under ORS 459.118, the appropriate legislative committee shall conduct a hearing on the proposed contract and transportation study to allow the public to discuss the adequacy of the study and the best transportation route and mode to be used to transport the solid waste under the proposed contract. [1991 c.765 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.125 - Authority of Marion County over products or by-products of county disposal sites.

(1) Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, the board of county commissioners of Marion County may:
(a) Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use other methods of sale or disposal for the products or by-products of the disposal sites of the county.
(b) Require any person or class of persons who generate solid waste to make use of the disposal, transfer or material or energy recovery sites or facilities of the county or disposal, transfer or material or energy recovery sites or facilities designated by the county.
(c) Require any person or class of persons who pick up, collect or transport solid waste to make use of the disposal, transfer or material or energy recovery sites or facilities of the county or disposal, transfer or material or energy recovery sites or facilities designated by the county.
(d) Regulate, license, franchise and certify disposal, transfer and material or energy recovery sites or facilities; establish, maintain and amend rates charged by disposal, transfer and material or energy recovery sites or facilities; establish and collect license or franchise fees; and otherwise control and regulate the establishment and operation of all public or private disposal, transfer and material or energy recovery sites or facilities located within the county. Licenses or franchises granted by the board may be exclusive.
(e) Cause solid wastes received and accepted at the disposal sites of the county to be processed, recycled or reused.
(2) Contracts and other agreements authorized under subsection (1) of this section may be for terms not longer than 20 years. [1981 c.386 §2; 1993 c.560 §19]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.135 - Marion County authority over private facility in county.

Subject to ORS 459.145 and the requirements of ORS 459.005 to 459.437 and 459.705 to 459.790, a public or private disposal, transfer or material or energy recovery site or facility shall not be established, modified or extended in Marion County without the prior approval of the board of county commissioners. The board may deny an application for the establishment, modification or extension of a site or facility if pursuant to its solid waste management plan the county has either:
(1) Entered into contracts obligating the county to supply or direct minimum quantities of solid wastes to sites or facilities designated in the contract in order that those sites or facilities will operate economically and generate sufficient revenues to liquidate any bonded or other indebtedness incurred by reason of those sites or facilities; or
(2) Adopted a franchise system for the disposal of solid or liquid wastes. [1981 c.386 §3; 1993 c.560 §20]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.145 - Limits on Marion County authority.

ORS 459.125 and 459.135 do not apply to, or grant to Marion County any authority over:
(1) Material kept separate from waste material for the purpose of recycling or reuse by persons who generate solid waste and which is handled separately from waste material.
(2) Material or energy recovery involving the collection, storage, processing or use of materials kept separate from waste material for the purpose of recycling or reuse by persons who generate solid waste. [1981 c.386 §4; 1993 c.560 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.153 - Intent not to discourage recycling.

It is not the intent of the Legislative Assembly that Marion County, under ORS 459.125 and 459.135, take any action that would hinder or discourage recycling activities in the county. [1981 c.386 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.205 - Permit required.

(1) Except as provided by ORS 459.215, a disposal site shall not be established, operated, maintained or substantially altered, expanded or improved, and a change shall not be made in the method or type of disposal at a disposal site, until the person owning or controlling the disposal site obtains a permit therefor from the Department of Environmental Quality as provided in ORS 459.235.
(2) The person who holds or last held the permit issued under subsection (1) of this section, or, if that person fails to comply, then the person owning or controlling a land disposal site that is closed and no longer receiving solid waste must continue or renew the permit required under subsection (1) of this section after the site is closed for the duration of the period in which the department continues to actively supervise the site, even though solid waste is no longer received at the site. [1971 c.648 §6; 1983 c.766 §7; 1993 c.560 §21a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.215 - Exclusion of certain sites from permit requirement; rules.

(1) By rule and after public hearing, the Environmental Quality Commission may prescribe criteria and conditions for excluding classes of disposal sites from the permit requirements of ORS 459.205. Disposal sites so excluded shall be limited to those which, because of the nature or volume of solid waste handled, are not likely to create a public nuisance, health hazard, air or water pollution, or other serious problem. Facilities operated under a permit issued under ORS 468B.050 or 468B.053 are not required to obtain a permit from the Department of Environmental Quality pursuant to ORS 459.205. However, exclusion from the permit requirements of ORS 459.205 does not relieve any person from compliance with other requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and the rules and regulations adopted pursuant thereto.
(2) By rule and after public hearing the commission may establish classes of disposal sites that qualify for exclusion under this section. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22; 1997 c.286 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.225 - Variances authorized.

(1) If the Environmental Quality Commission finds that a disposal site cannot meet one or more of the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto, it may issue a variance from such requirement either for a limited or unlimited time or it may issue a permit containing a schedule of compliance specifying the time or times permitted to bring the disposal site into compliance with such requirements, or it may do both.
(2) In carrying out the provisions of subsection (1) of this section, the commission may grant specific variances from particular requirements or may grant a permit to an applicant or to a class of applicants or to a specific disposal site, and specify conditions it considers necessary to protect the public health.
(3) The commission shall grant a variance only if:
(a) Conditions exist that are beyond the control of the applicant.
(b) Special conditions exist that render strict compliance unreasonable, burdensome or impractical.
(c) Strict compliance would result in substantial curtailment or closing of a disposal site and no alternative facility or alternative method of solid waste management is available.
(4) A variance may be revoked or modified by the commission after a public hearing held upon not less than 10 days’ notice. Such notice shall be served upon all persons who the commission knows will be subjected to greater restrictions if such variance is revoked or modified, or who are likely to be affected or who have filed with the commission a written request for such notification.
(5) In addition to the authority to issue a variance under subsections (1) to (4) of this section, the commission may modify an existing disposal site permit to specify the conditions under which the disposal site may accept and dispose of infectious waste. The commission also may require that an energy recovery facility or solid waste incinerator accept infectious waste generated in Oregon if the infectious waste has been contained and transported in accordance with ORS 459.390 and 825.256, but only so long as the volume of infectious waste generated outside the county in which the facility or incinerator is located does not affect the ability of the facility or incinerator to process or dispose of all waste generated within the county in which the facility or incinerator is located. As used in this subsection, "infectious waste" has the meaning given that term in ORS 459.386.
(6) The establishment, operation, maintenance, expansion, alteration, improvement or other change of a disposal site in accordance with a variance is not a violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or any rule or regulation adopted pursuant thereto. [1971 c.648 §8; 1973 c.835 §141; 1989 c.763 §13; 1993 c.560 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.235 - Applications for permits; fees.

(1) Applications for permits shall be on forms prescribed by the Department of Environmental Quality. An application shall contain a description of the existing and proposed operation and the existing and proposed facilities at the site, with detailed plans and specifications for any facilities to be constructed. The application shall include a recommendation by each local government unit having jurisdiction and such other information the department deems necessary in order to determine whether the site and solid waste disposal facilities located at the site and the operation will comply with applicable requirements.
(2) The Environmental Quality Commission shall establish a schedule of fees for disposal site permits. Consistent with the policies in ORS 459.015, moneys collected under this section shall be used to fund oversight activities related to solid waste disposal sites, including but not limited to policy development, permitting, inspecting, monitoring, enforcement, training, technical assistance, responding to complaints, rulemaking and any other activities that support the safe management of solid waste.
(3) Notwithstanding any other fee or surcharge imposed under ORS 459.005 to 459.437 or 459A.005 to 459A.120, for the disposal of solid waste, in order to encourage the use of suitable material other than virgin material for daily cover at a disposal site, the only fee that may be charged for the disposal of substitute material that is also used for daily cover is the permit fee established under this section. [1971 c.648 §9; 1977 c.37 §1; 1983 c.144 §1; 1987 c.876 §18; 1989 c.833 §154; 1991 c.331 §65; 1991 c.385 §12a; 1993 c.343 §2; 1993 c.560 §§24,24a; 1995 c.281 §1; 2003 c.794 §285; 2015 c.662 §§1,8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.243 - Restrictions on issuance of permits under ORS 459.245.

(1) As used in this section:
(a) "Property line" has the meaning given that term in ORS 92.010.
(b) "School" means:
(A) A public or private institution of learning providing instruction in kindergarten through grade 12, or any combination of those grade levels; and
(B) The surrounding buildings, other structures, playgrounds, athletic fields, parking lots and any other areas of the institution that are accessed by students of the institution on a regular basis.
(2) The Department of Environmental Quality may not issue a disposal site permit under ORS 459.245 to establish a commercial disposal site for composting if:
(a) The property line of the proposed disposal site for composting is located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses; and
(b) The proposed disposal site for composting requires approval from a metropolitan service district under ORS 268.318. [2013 c.524 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.245 - Issuance of permits; terms; refusal to renew; disposal of liquid waste.

(1) If the disposal site meets the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and rules of the Environmental Quality Commission adopted pursuant thereto, the Department of Environmental Quality shall issue the permit. Every completed application shall be approved or disapproved within 60 days after its receipt by the department. Except as provided in ORS 459.055 or for a permit issued under the process set forth in ORS 517.952 to 517.989, if the department fails to act within the time allowed, the application shall be considered approved unless an extension of time is granted by the commission on a showing of good cause by the department.
(2) Disposal site permits shall be issued for a period not to exceed 10 years, to be determined by the department and specified in the permit.
(3) Subject to the provisions of ORS chapter 183, the department may refuse to renew a permit unless the disposal site meets the requirements of subsection (1) of this section.
(4) The department may, consistent with applicable federal law, authorize in a disposal site permit the addition at a disposal site of liquid waste or water in a controlled fashion to enhance the decomposition of solid waste if the disposal site otherwise meets the requirements of ORS 459.005 to 459.105 and 459.205 to 459.385 and rules of the commission adopted pursuant thereto. For purposes of this subsection, "liquid waste" means any waste that, by using a paint filter liquids test method adopted by the commission, is determined to contain free liquids. [1971 c.648 §10; 1973 c.835 §142; 1979 c.773 §8; 1991 c.735 §26; 1993 c.560 §26; 2003 c.649 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.248 - Cleanup of hazardous substance contaminating ground water.

In addition to any other authority granted by law, if the Department of Environmental Quality finds that ground water is contaminated with a hazardous substance originating at a land disposal site, the department may require cleanup of the hazardous substance pursuant to authority under ORS 465.200 to 465.485. As used in this section, "hazardous substance" has the meaning given that term in ORS 465.200. [1993 c.526 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.250 - Place for collecting source separated recyclable material required for disposal site permit.

(1) The Department of Environmental Quality shall require as a condition to issuing or renewing a disposal site permit under ORS 459.245 that a place for collecting source separated recyclable material located either at the disposal site or at another location more convenient to the population served by the disposal site is provided for every person whose solid waste enters the disposal site.
(2) The department may modify the requirements of this section if the department finds that the opportunity to recycle is being provided through an acceptable alternative method. [1983 c.729 §4; 1993 c.560 §28]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.255 - Suspension or revocation of permits.

(1) A permit may be suspended or revoked at any time if the Department of Environmental Quality determines that the disposal site or the solid waste management facilities located on the disposal site are being operated in violation of ORS 459.005 to 459.105 and 459.205 to 459.385 or rules of the Environmental Quality Commission adopted pursuant thereto.
(2) The procedures for denial, suspension, modification of a condition or variance, revocation or refusal to renew a permit shall be those specified for a contested case in ORS chapter 183. [1971 c.648 §11; 1973 c.835 §143; 1993 c.560 §29]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.265 - Hearings; appeal.

(1) The Environmental Quality Commission may on its own motion or upon the request of the Department of Environmental Quality, and shall upon application of any person entitled to appeal, fix a time and place for a public hearing on any action of the department or commission
ordering, or approving action resulting in, the closure or curtailment of use of a disposal site.
(2) In making its determination upon appeal from the action of a local government unit or the department, which action would result in the closure or curtailment of the use of a disposal site, the commission shall consider and make findings with respect to:
(a) The nature and magnitude of the problems created by the site or its operation.
(b) The applicable solid waste management plan.
(c) The existence or threat of air or water pollution.
(d) The need for the particular disposal site and alternative methods of disposal or alternate disposal sites.
(e) The costs, funds available to meet the costs and the minimum time required for a change in disposal method or disposal site.
(3) In making its determination under subsection (2) of this section with respect to a disposal site owned or operated by a local government unit, and prior to ordering closure or curtailment of use of the site, the commission shall make a finding as to whether there is an alternative method of disposal or an alternate disposal site. [1971 c.648 §12; 1973 c.835 §144; 1993 c.560 §30]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.268 - Closure of land disposal site.

When solid waste is no longer received at a land disposal site, the person who holds or last held the permit issued under ORS 459.205 or, if the person who holds or last held the permit fails to comply with this section, the person owning or controlling the property on which the disposal site is located, shall close and maintain the site according to the requirements of this chapter, any applicable rule adopted by the Environmental Quality Commission under ORS 459.045 and any requirement imposed by the Department of Environmental Quality as a condition to renewing or issuing a disposal site permit. [1983 c.766 §2; 1993 c.560 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.270 - Renewal of permit prior to proposed closure of disposal site.

(1) At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew the permit.
(a) A permit renewed under this subsection shall be issued for the period including the remaining time of operation of the disposal site, closure of the site and all or part of the post-closure period established by the Department of Environmental Quality during which active supervision of the land disposal site is necessary.
(b) Application for the renewal of a permit under this subsection shall not prevent the disposal site permittee from applying for an extension of the useful life of the land disposal site for receiving solid waste.
(2) Unless the department finds a need to protect against a significant hazard or risk to the public health, safety or environment, the department shall terminate any permit for and active supervision of a land disposal site 30 years after the site is closed.
(3) Any time after a land disposal site is closed according to the requirements of this section, the permit holder may apply for a termination of the permit, a release from one or more of the permit requirements or termination of any applicable permit fee. Before the department grants a termination or release under this section, the department must find that there is no longer a need for:
(a) Active supervision of the site;
(b) Maintenance of the site; or
(c) Maintenance or operation of any system or facility on the site. [1983 c.766 §3; 1993 c.526 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.272 - Evidence of financial assurance for land disposal site.

(1) Unless exempted under rules adopted by the Environmental Quality Commission under ORS 459.045, an owner or operator of a land disposal site shall maintain cost estimates of the amount of financial assurance that is necessary and demonstrate evidence of financial assurance for:
(a) The costs of closure of the land disposal site and for post-closure maintenance of the land disposal site; and
(b) Any corrective action required to be taken at the land disposal site.
(2) The financial assurance requirements established by subsection (1) of this section may be satisfied by insurance, the establishment of a trust fund, surety bond, letter of credit or qualification as a self-insurer or any combination of these methods or any other method approved by the Director of the Department of Environmental Quality. In adopting rules under ORS 459.045 to implement subsection (1) of this section, the Environmental Quality Commission may specify policy or other contractual terms, conditions or defenses necessary to establish evidence of financial assurance.
(3) The owner or operator of a land disposal site shall annually review and update the financial assurance for closure, post-closure and corrective action required under this section and cost estimates of the amount of financial assurance necessary.
(4) The owner or operator of a land disposal site shall provide the evidence of financial assurance required under this section for closure and post-closure at the time a disposal site permit is issued under ORS 459.245. If the land disposal site is operating under an existing permit on November 4, 1993, the owner or operator shall provide the evidence of financial assurance on or before April 9, 1994, or a later date established by rule by the Environmental Quality Commission.
(5) When financial assurance is required for corrective action at a land disposal site under subsection (1) of this section, the owner or operator shall provide evidence of financial assurance before beginning corrective action. [1993 c.526 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.273 - Disposition of excess moneys and interest received for financial assurance.

An applicant required to provide financial assurance under ORS 459.272 shall establish provisions satisfactory to the Department of Environmental Quality for disposing of any excess moneys received or interest earned on moneys received for financial assurance. To the extent practicable, the applicant’s provisions for disposing of the excess moneys received or interest earned on moneys shall provide for:
(1) A reduction of the rates a person within the area served by the land disposal site is charged for collection service; or
(2) Enhancing present or future disposal sites within the area from which the excess moneys were received. [1983 c.766 §4; 1993 c.526 §8; 1993 c.560 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.280 - Definitions for ORS 459.284 and 459.290.

As used in ORS 459.284 and 459.290, "disposal site" has the meaning given that term in ORS 459.005, but does not include:
(1) A material recovery, recycling or reuse facility; or
(2) A regional disposal site as defined in ORS 459.005. [1987 c.876 §4; 1993 c.560 §34]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.284 - Use of disposal site fees.

Each local government unit that has a disposal site operating under the provisions of ORS 459.005 to 459.437 and 459.710 and for which the local government unit collects a fee may apportion an amount of the service or user charges collected for solid waste disposal at each publicly owned, franchised or privately owned solid waste disposal site within or for the local government unit and dedicate and use the moneys obtained for rehabilitation and enhancement of the area around the disposal site from which the fees have been collected. That portion of the service and user charges set aside by the local government unit for the purposes of this section shall be not more than $1 for each ton of solid waste. If any local government unit apportions moneys under this section, another local government unit may not also apportion moneys under this section for the same disposal site. [1987 c.876 §2; 1989 c.763 §15; 1993 c.560 §35]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.290 - Disposal site rehabilitation and enhancement advisory committee.

Each local government unit that apportions money under ORS 459.284 shall establish a citizens advisory committee to select plans, programs and projects for the rehabilitation and enhancement of the area around disposal sites for which the local government unit has apportioned moneys under ORS 459.284. If any local government unit establishes a citizens advisory committee under this section, another local government unit may not also establish a local citizens advisory committee under this section for the same disposal site. [1987 c.876 §3; 1989 c.763 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.310 - Surcharge on solid waste disposal; surcharge use.

(1) Each board of county commissioners of a county in which a regional disposal site is operating under provisions of ORS 459.005 to 459.437 may impose a surcharge on the solid waste received at the regional disposal site. The county may negotiate with the owner or operator of the regional disposal site to establish the amount of the surcharge imposed under this subsection. If the regional disposal site is publicly owned, the board of county commissioners shall give priority in expending the moneys to mitigation of adverse impacts on the area in and around the regional disposal site and related transfer stations located in the county including but not limited to rehabilitation and enhancement of the area, development of alternate water systems, road construction and maintenance and mitigation of adverse effects on wildlife and the environment, if provisions to mitigate such adverse impacts are not assured by permit conditions or bond requirements.
(2) If the parties negotiating a surcharge under subsection (1) of this section do not reach an agreement within 90 days after the Department of Environmental Quality receives an application under ORS 459.235 for a permit for the regional disposal site, the board of county commissioners shall unilaterally impose the following surcharge:
(a) For the first 2,000
tons per day $ 0.75/ton
(b) For each ton between
2,000 to 4,000 tons
per day $ 1.00/ton
(c) For each ton above
4,000 tons per day $ 1.25/ton
(3) If a board of county commissioners imposes the surcharge under subsection (2) of this section:
(a) The surcharge shall be adjusted annually in accordance with the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor;
(b) Up to 10 percent of the surcharge shall go into a transition fund to be used by the county after the regional disposal site is closed for the purpose of minimizing the dislocation resulting from the loss of revenue from closure of the site; and
(c) Of that portion of the surcharge not placed into a transition fund under paragraph (b) of this subsection, priority shall be given in expending the moneys to mitigation of adverse impacts on the area in and around the regional disposal site and related transfer stations located in the county including but not limited to rehabilitation and enhancement of the area, development of alternate water systems, road construction and maintenance and mitigation of adverse effects on wildlife and the environment, if provisions to mitigate such adverse impacts are not assured by permit conditions or bond requirements. [1987 c.876 §7; 1993 c.560 §39; 2019 c.57 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.315 - Definitions for ORS 459.315 to 459.330.

As used in ORS 459.315 to 459.330:
(1) "Committee" means a local citizens advisory committee established under ORS 459.320.
(2) "Permittee" means a person operating a regional disposal site under a permit issued under ORS 459.245. [1987 c.876 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.320 - Regional disposal site advisory committee; membership; terms.

(1) Except as provided in subsection (3) or (4) of this section, the board of county commissioners of a county in which a regional disposal site is proposed to be located shall establish a local citizens advisory committee when the Department of Environmental Quality receives an application for a regional disposal site within the county. The board shall select members of the committee from among at least each of the following groups, to the extent feasible:
(a) Residents residing near or adjacent to the regional disposal site.
(b) Owners of real property adjacent to or near the regional disposal site.
(c) Persons who reside in or own real property within the county in which the regional disposal site is located.
(d) Employees of the permittee.
(e) Local organizations and citizen interest groups whose majority of members either:
(A) Are electors of the county in which the regional disposal site is located; or
(B) Own real property in the county in which the regional disposal site is located.
(2) Unless determined otherwise by a board of county commissioners:
(a) Members of the local citizens advisory committee shall serve a term of two years.
(b) The committee shall elect from among its members a chairperson of the committee with such duties and powers as the committee imposes.
(c) The committee shall meet at least four times each year for so long as the regional disposal site is proposed or operating.
(3) If the regional disposal site is operated by a metropolitan service district, the local citizens advisory committee shall be established by the governing body of the metropolitan service district.
(4) If the board of county commissioners of a county in which a regional disposal site is located or is proposed to be located has already established a local citizens advisory committee for solid waste issues in general, that committee may serve to fulfill the duties specified in ORS 459.325 so long as the membership of the committee is consistent with this section. [1987 c.876 §9; subsection (4) enacted as 1987 c.876 §10; 1999 c.720 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.325 - Duties of regional disposal site advisory committee.

The duties of the local citizens advisory committee established under ORS 459.320 shall include but need not be limited to:
(1) Reviewing with the permittee, the regional disposal site including but not limited to siting, operation, closure and long-term monitoring of the regional disposal site; and
(2) Providing a forum for citizen comments, questions and concerns about the regional disposal site and promoting a dialogue between the community in which the regional disposal site is to be located and the owner or operator of the regional disposal site. The committee shall prepare an annual written report summarizing the local citizens’ concerns and the manner in which the owner or operator is addressing those concerns. The report shall be considered by the Department of Environmental Quality in issuing and renewing a solid waste permit under ORS 459.245. [1987 c.876 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.330 - Notification of advisory committee by regional disposal site permittee.

The permittee shall notify the local citizens advisory committee established under ORS 459.320 when the permittee proposes to apply for a change to any state or local permit. [1987 c.876 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.335 - Use of fees collected by the metropolitan service district.

Notwithstanding any other provision of ORS 268.330, the metropolitan service district shall use moneys collected by the district as service or user fees for solid waste disposal for:
(1) Activities of the metropolitan service district related to solid waste, including activities of regional concern that are directly related to reducing the environmental impact from the generation, collection, transportation, processing and disposal of solid waste; and
(2) Planning, administrative and overhead costs for activities of the district related to solid waste. [1987 c.876 §12a; 1995 c.79 §274; 1997 c.833 §23; 2009 c.309 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.340 - Implementation of the solid waste reduction program by metropolitan service district.

(1) The metropolitan service district shall implement the provisions of the solid waste reduction program as adopted by the metropolitan service district.
(2) Before the metropolitan service district council amends the district’s solid waste reduction program, the district shall submit the proposed amendment to the Department of Environmental Quality for review and comment. [1987 c.876 §13; 1993 c.560 §41]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.345 - Metropolitan service district report to commission.

(1) In conjunction with and on the same schedule as the report required under ORS 459A.050 (1)(a), the metropolitan service district shall report to the Environmental Quality Commission on the implementation of its solid waste reduction program as approved or as amended in accordance with ORS 459.340.
(2) The report submitted by the metropolitan service district under this section shall be in writing and shall include, but need not be limited to:
(a) The current status of implementation of the metropolitan service district’s solid waste reduction program including the use of disposal sites, recycling opportunities and the use of material and energy recovery technologies.
(b) A summary of the amount and percent of solid waste that is currently reused, recycled or disposed of in a solid waste disposal site and a comparison of such amounts and percentages to the district’s existing and projected annual goals for:
(A) The amount and percent of solid waste that will be reused, recycled or disposed of in a solid waste disposal site operated by the metropolitan service district or in a solid waste disposal site that the district has entered into an agreement to use; and
(B) The amount in tons by which solid waste disposed of annually in a disposal site operated by the district or which the district has entered into an agreement to use will be reduced.
(c) A summary of the metropolitan service district’s solid waste budget. [1987 c.876 §14; 1993 c.560 §42; 1997 c.552 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.350 - Commission review of metropolitan service district report.

The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 to determine:
(1) Whether the district’s activities related to solid waste disposal comply with the district’s solid waste reduction program and any goals established by the district in previous reports submitted under ORS 459.345; and
(2) Whether the program and all disposal sites operated by or used by the district continue to meet the criteria established under ORS 459.015. [1987 c.876 §15; 1989 c.171 §59]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.376 - Action to enforce rules or orders.

(1) The Environmental Quality Commission may take whatever action is appropriate for the enforcement of its rules or orders.
(2) The commission may institute proceedings to enforce compliance with or restrain violations of ORS chapters 459 and 459A, or any rule, standard, permit or order adopted, entered or issued pursuant to ORS chapters 459 and 459A. [Formerly 459.276; 1993 c.560 §44]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.385 - Entry upon private premises authorized; access to records.

Personnel of the Department of Environmental Quality or a local health department, authorized environmental health specialists or other authorized personnel of a city or county may enter upon the premises of any person regulated under ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 or under regulations adopted pursuant to ORS 450.075, 450.810, 450.820 and 451.570, at reasonable times, to determine compliance with and to enforce ORS 450.075, 450.810, 450.820, 451.570, 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 and any rules or regulations adopted pursuant thereto. The department shall also have access to any pertinent records, including but not limited to blueprints, operation and maintenance records and logs, operating rules and procedures. As used in this section, "pertinent records" does not include financial information unless otherwise authorized by law. [Formerly 459.285; 1993 c.526 §9; 1993 c.560 §45; 2003 c.547 §114; 2015 c.736 §99]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.386 - Definitions for ORS 459.386 to 459.405.

As used in ORS 459.386 to 459.405:
(1) "Biological waste" includes blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soiled with urine or feces.
(2) "Cultures and stocks" includes etiologic agents and associated biologicals, including specimen cultures and dishes and devices used to transfer, inoculate and mix cultures, wastes from production of biologicals, and serums and discarded live and attenuated vaccines. "Cultures and stocks" does not include throat and urine cultures.
(3) "Disposal" means the final placement of treated infectious waste in a disposal site operating under a permit issued by a state or federal agency.
(4) "Infectious waste" includes biological waste, cultures and stocks, pathological waste and sharps.
(5)(a) "Pathological waste" includes:
(A) Biopsy materials and all human tissues;
(B) Anatomical parts that emanate from surgeries, autopsies and obstetrical and laboratory procedures; and
(C) Animal carcasses exposed to pathogens in research and the bedding and other waste from such animals.
(b) "Pathological waste" does not include teeth or formaldehyde or other preservative agents.
(6) "Sharps" includes needles, IV tubing with needles attached, scalpel blades, lancets, glass tubes that could be broken during handling and syringes that have been removed from their original sterile containers.
(7) "Storage" means the temporary containment of infectious waste in a manner that does not constitute treatment or disposal of such waste.
(8) "Transportation" means the movement of infectious waste from the point of generation over a public highway to any intermediate point or to the point of final treatment.
(9) "Treatment" means incineration, sterilization or other method, technique or process approved by the Oregon Health Authority that changes the character or composition of any infectious waste so as to render the waste noninfectious. [1989 c.763 §3; 1993 c.560 §46; 2005 c.22 §331; 2009 c.595 §941]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.387 - Policy.

The Legislative Assembly finds and declares that:
(1) The collection, transportation, storage, treatment and disposal of infectious waste in a manner that protects the health, safety and welfare of the workers who handle the waste and of the public is a matter of statewide concern.
(2) The public health, safety and welfare is best protected by an infectious waste collection system that serves as many persons as possible in this state, including medical care and laboratory facilities, nursing care facilities and private residences.
(3) In the interest of public health, safety and welfare, it is the policy of this state to establish requirements for collection, transportation, storage, treatment and disposal of infectious waste that will establish priority in methods of treating and disposing of infectious waste. [1989 c.763 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.388 - Restrictions on discarding, storing or transporting infectious waste.

(1) No person who generates infectious waste shall discard or store such waste except as provided in ORS 459.390.
(2) No person shall transport infectious waste other than infectious waste that is an incidental part of other solid waste except as provided in ORS 459.390 (6) and 825.256. [1989 c.763 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.390 - Procedures for segregation and containment of infectious waste; exemption.

(1) Infectious waste shall be segregated from other wastes by separate containment at the point of generation. Enclosures used for storage of infectious waste shall be secured to prevent access by unauthorized persons and shall be marked with prominent warning signs.
(2) Infectious waste, except for sharps, shall be contained in disposable red plastic bags or containers made of other materials impervious to moisture and strong enough to prevent ripping, tearing or bursting under normal conditions of use. The bags or containers shall be closed to prevent leakage or expulsion of solid or liquid wastes during storage, collection or transportation.
(3) Sharps shall be contained for storage, collection, transportation and disposal in leakproof, rigid, puncture-resistant red containers that are taped closed or tightly lidded to prevent loss of the contents. Sharps may be stored in such containers for more than seven days.
(4) All bags, boxes or other containers for infectious waste and rigid containers of discarded sharps shall be clearly identified as containing infectious waste.
(5) Infectious waste shall be stored at temperatures and only for times established by rules of the Oregon Health Authority.
(6) Infectious waste shall not be compacted before treatment and shall not be placed for collection, storage or transportation in a portable or mobile trash compactor.
(7) Infectious waste contained in disposable bags as specified in this section shall be placed for collection, storage, handling or transportation in a disposable or reusable pail, carton, box, drum, dumpster, portable bin or similar container. The container shall have a tight-fitting cover and be kept clean and in good repair. The container may be of any color and shall be conspicuously labeled with the international biohazard symbol and the words "Biomedical Waste" on the sides so as to be readily visible from any lateral direction when the container is upright.
(8) Each time a reusable container for infectious waste is emptied, the container shall be thoroughly washed and decontaminated unless the surfaces of the container have been protected from contamination by a disposable red liner, bag or other device removed with the waste.
(9) Trash chutes shall not be used to transfer infectious waste between locations where it is contained or stored.
(10) Generators that produce 50 pounds or less of infectious waste in any calendar month shall be exempt from the specific requirements of subsections (5), (7) and (8) of this section. [1989 c.763 §5; 2009 c.595 §942]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.395 - Treatment of infectious wastes; rules.

(1) Pathological wastes shall be treated by incineration in an incinerator that provides complete combustion of waste to carbonized or mineralized ash. The ash shall be disposed of as provided in rules adopted by the Environmental Quality Commission. However, if the Department of Environmental Quality determines that incineration is not reasonably available within a wasteshed, pathological wastes may be disposed of in the same manner provided for cultures and stocks.
(2) Cultures and stocks shall be incinerated as described in subsection (1) of this section or sterilized by other means prescribed by Oregon Health Authority rule. Sterilized waste may be disposed of in a permitted land disposal site if it is not otherwise classified as hazardous waste.
(3) Liquid or soluble semisolid biological wastes may be discharged into a sewage treatment system that provides secondary treatment of waste.
(4) Sharps and biological wastes may be incinerated as described in subsection (1) of this section or sterilized by other means prescribed by authority rule. Sharps may be disposed of in a permitted land disposal site only if the sharps are in containers as required in ORS 459.390 (3) and are placed in a segregated area of the landfill.
(5) Other methods of treatment and disposal may be approved by rule of the commission. [1989 c.763 §6; 2009 c.595 §943]