reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.400 - Exceptions.

The requirements of ORS 459.386 to 459.405 do not apply to:
(1) Waste, other than sharps, that is:
(a) Generated in the practice of veterinary medicine; and
(b) Not capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.
(2) The following, released by a health care facility as defined in ORS 442.015 in accordance with rules adopted by the Oregon Health Authority:
(a) A placenta received by a postpartum mother; or
(b) Human pathological waste:
(A) Received by the donor of the pathological waste or an authorized representative of the donor; and
(B) That is intended by the recipient for cremation, interment or other final disposition in accordance with ORS chapter 97. [1989 c.763 §8; 1993 c.560 §47; 2013 c.109 §1; 2023 c.269 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.405 - Transport of infectious waste; certification; records.

Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall:
(1) Provide written certification to a person who discards more than 50 pounds per month of infectious waste that such waste will be disposed of in compliance with the provisions of ORS 459.386 to 459.405; and
(2) Maintain records showing the point of origin and date and place of final disposal of infectious waste collected from generators. A copy of these records shall be given to the generator or the Department of Environmental Quality upon request. [1989 c.763 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.410

[1971 c.699 §1; 1973 c.778 §1; 1977 c.867 §1; 1979 c.132 §1; 1981 c.709 §4; 1983 c.703 §9; 1985 c.670 §1; renumbered 466.005]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.411 - Policy.

(1) The Legislative Assembly finds:
(a) Individuals have limited opportunities to properly manage household hazardous waste;
(b) Businesses that are conditionally exempt small quantity generators of hazardous waste do not have feasible options for the management of hazardous waste; and
(c) The disposal of household hazardous waste and hazardous waste generated by conditionally exempt small quantity generators in solid waste disposal sites and sewage facilities presents a potential hazard to the public health and the environment because these sites and facilities may not be designed for the disposal of hazardous waste.
(2) Therefore, the Legislative Assembly declares that it is in the interest of public health, safety and the environment to provide:
(a) Alternatives to disposal of hazardous waste generated by conditionally exempt small quantity generators and household hazardous waste at solid waste disposal sites and sewage facilities; and
(b) Information and educational programs about:
(A) Alternatives for the management of household and conditionally exempt small quantity generator hazardous waste;
(B) Methods of reusing and recycling household and conditionally exempt small quantity generator hazardous waste; and
(C) Alternatives to the use of products that lead to the generation of hazardous waste by conditionally exempt small quantity generators and household hazardous waste. [1989 c.833 §69; 1993 c.560 §50]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.412 - Definition for ORS 459.411 to 459.417.

As used in ORS 459.411 to 459.417, "conditionally exempt small quantity generator" means a person who generates a hazardous waste but is conditionally exempt from certain regulations because the waste is generated in quantities below the threshold adopted by the Environmental Quality Commission pursuant to ORS 466.020. [1993 c.560 §49]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.413 - Household hazardous waste depots; location; promotion program.

(1) The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be:
(a) Developed at geographically diverse locations throughout the district; and
(b) Located and operationally designed to conveniently receive household hazardous waste from the general public on an ongoing basis.
(2) In conjunction with establishing permanent depots under subsection (1) of this section, the metropolitan service district also shall develop and implement a promotion program to encourage citizens to use the depots for household hazardous waste disposal. [1989 c.833 §74; 1993 c.560 §51]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.415 - Department approval for collection activity required; written proposal.

(1) Before any local government operates a permanent collection depot or periodic collection events for household hazardous waste or hazardous waste generated by conditionally exempt small quantity generators, the local government shall receive written approval from the Department of Environmental Quality.
(2) In requesting written approval from the department, a local government unit proposing to operate a permanent collection depot or periodic collection events shall submit a detailed proposal. The proposal shall include at least the following information:
(a) Measures to be taken to insure safety of the public and employees or volunteers working at the collection site;
(b) Measures to be taken to prevent spills or releases of hazardous waste and a plan to respond to a spill or release if one occurs;
(c) A copy of the request for proposals for a contractor to properly manage and recycle or dispose of the waste collected in a manner consistent with the rules of the Environmental Quality Commission for hazardous waste collection, storage, transportation and disposal; and
(d) Measures to be implemented to insure no waste is accepted from generators of hazardous waste subject to regulation under ORS 466.005 to 466.385 unless the intent is to specifically collect such waste.
(3) The department may request additional information about the proposed program from the local government unit. The department shall not approve a program unless the program provides adequate provisions to protect the public health, safety and the environment. [1989 c.833 §75; 1993 c.560 §52]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.417 - Statewide household hazardous waste public education program.

The Department of Environmental Quality shall implement a statewide household hazardous waste public education program. The program shall include but need not be limited to providing information about:
(1) Alternatives to disposal of household hazardous waste at solid waste disposal sites;
(2) Methods of reusing or recycling household hazardous waste; and
(3) Alternatives to the use of products that lead to the generation of household hazardous waste. [1989 c.833 §76]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.418 - Contract for statewide collection of household hazardous waste.

The Department of Environmental Quality may contract with a hazardous waste collection service to provide for the statewide collection of household hazardous waste. As used in this section, "hazardous waste collection service" means a service that collects hazardous waste from conditionally exempt small quantity generators and from households. [1991 c.385 §51; 1993 c.560 §53]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.420 - Permitted lead-acid battery disposal; disposal by retailers.

(1) No person may place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery in this state except by delivery to a lead-acid battery retailer or wholesaler, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency.
(2) No lead-acid battery retailer shall dispose of a used lead-acid battery in this state except by delivery to the agent of a battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency. [1989 c.290 §2; 1993 c.560 §56]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.422 - Acceptance of used batteries by retailers and wholesalers.

(1) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the State of Oregon shall accept used lead-acid batteries of the same type purchased from a customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by the customer.
(2) Any person selling new lead-acid batteries at wholesale shall accept used lead-acid batteries of the same type from any customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by a customer.
(3) A person accepting batteries in transfer from an automotive battery retailer shall be allowed up to 90 days to remove batteries from the retail point of collection. [1989 c.290 §§3,4; 2005 c.22 §332]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.426 - Notice to customers.

(1) Any person selling new lead-acid batteries shall post in each area where lead-acid batteries are sold a clearly visible and legible sign stating that:
(a) Lead-acid batteries cannot be disposed of in household solid waste or mixed municipal waste, but must be recycled; and
(b) The dealer will accept used lead-acid batteries of the same type sold by the dealer.
(2) If a person selling new lead-acid batteries requires a customer to pay a fee for a new lead-acid battery if the customer does not provide a used lead-acid battery for trade-in, the dealer shall also include on or near the sign required under subsection (1) of this section a statement advising potential customers that the dealer charges a fee if the customer does not provide a used lead-acid battery for trade-in. [1989 c.290 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.430

[1971 c.699 §3; 1973 c.778 §2; 1973 c.835 §147; 1977 c.867 §2; 1979 c.132 §2; 1981 c.709 §5; renumbered 466.015]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.431 - Definitions for ORS 459.431 to 459.437.

As used in ORS 459.431 to 459.437:
(1) "Alkaline manganese battery" means a battery consisting of manganese dioxide positive electrode material, zinc negative electrode material, and an alkaline electrolyte.
(2) "Battery" means one or more cells, each consisting of a positive electrode, a negative electrode, and an electrolyte.
(3) "Battery pack" means one or more batteries enclosed in a housing.
(4) "Consumer product" means any product sold primarily for family or household use, and which is normally sold through consumer retail distribution.
(5) "Distributor" means a seller of batteries.
(6) "Easily removed" means a battery or battery pack that is either detachable or readily removable from a consumer product by the consumer with the use of common household tools and that can be removed by the consumer without cutting or desoldering any wires.
(7) "Nickel cadmium battery" means a battery consisting of nickel positive electrode material and cadmium negative electrode material.
(8) "Small lead battery" means a battery consisting of positive and negative electrode materials which are lead or compounds thereof, used in nonvehicular applications, and weighing less than 25 pounds. [1991 c.653 §2; 1993 c.560 §57]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.432 - Policy.

(1) The Legislative Assembly finds and declares that:
(a) Batteries have come to play an important role in the advancement of social, medical and economic concerns.
(b) It is important to advance environmental interests without unnecessary interference with, or complications of, local, interstate and international commerce to the detriment of our state’s economy.
(c) It is important to provide clear, safe and practical guidelines to our state’s citizens, businesses and governmental bodies.
(d) There are inherent differences in batteries and products using batteries with respect to their composition, distribution and application.
(2) In the interest of the public health, safety and welfare and in order to conserve energy and natural resources, it is the policy of the State of Oregon to:
(a) Require that the mercury content in alkaline manganese batteries be reduced to a level that minimizes risk to public health and environment, and prohibit the sale in Oregon of batteries having a mercury content above that level.
(b) Maximize consumer acceptance and convenience in accomplishing important objectives of environmental protection.
(c) Minimize unnecessary administrative expense to the state and avoid undue burdens on the state’s consumers, retailers, manufacturers and suppliers. [1991 c.653 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.433 - Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.

(1) Except as otherwise provided in subsections (2) and (3) of this section, no person shall sell, offer for sale or offer for promotional purposes:
(a) Any alkaline manganese battery manufactured on or after January 1, 1996, containing intentionally introduced mercury.
(b) Any zinc carbon battery manufactured on or after January 1, 1996, containing intentionally introduced mercury.
(2) On and after January 1, 1996, a person may sell, offer for sale or offer for promotional purposes a button cell alkaline manganese battery with a mercury content of 25 milligrams or less.
(3) The provisions of subsection (1) of this section do not apply to mercury that is incidentally present in a battery. [1995 c.597 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.435 - Prohibition on sale or promotion of button cell mercuric oxide batteries.

A person may not sell, offer for sale or offer for promotional purposes any button cell mercuric oxide battery for use in Oregon. [1995 c.597 §3; 2005 c.22 §333]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.437 - Requirements for sale or promotion of mercuric oxide batteries.

(1) A person may not sell, offer for sale or offer for promotional purposes a mercuric oxide battery for use in Oregon unless the battery manufacturer:
(a) Identifies a collection site that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal;
(b) Informs each person who purchases the manufacturer’s mercuric oxide batteries of the collection site identified under paragraph (a) of this subsection; and
(c) Informs each person who purchases the manufacturer’s mercuric oxide batteries of a telephone number the person may call to obtain information about sending mercuric oxide batteries for recycling or proper disposal.
(2) Subsection (1) of this section does not apply to mercuric oxide button cell batteries. [1995 c.597 §4; 2005 c.22 §334]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.445

[1977 c.867 §6; 1981 c.709 §6; 1983 c.703 §10; 1985 c.565 §75; 1985 c.670 §37; renumbered 466.075]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.465 - Definitions for ORS 459.465 to 459.474.

As used in ORS 459.465 to 459.474:
(1) "Food vendor" means a business, organization or other person that sells prepared food or offers prepared food for sale to the public, including, but not limited to, a store, shop or other sales outlet, a restaurant, a delicatessen or a cart, truck or other vehicle from which the business, organization or other person sells prepared food or offers prepared food for sale.
(2) "Foodware container" includes bowls, plates, cups, lids, clamshells or other containers or any other items used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors.
(3) "Perfluoroalkyl or polyfluoroalkyl substance" means a substance included in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(4)(a) "Polystyrene foam container" means a cooler or foodware container that is:
(A) Made of a polystyrene plastic foam;
(B) Made for the purpose of serving, containing, preserving or consuming prepared food; and
(C) Ordinarily used once for a purpose described in subparagraph (B) of this paragraph before being discarded.
(b) "Polystyrene foam container" does not include:
(A) A cooler or other container that is made of a polystyrene foam, that is intended for more than one use and that is enclosed by a solid shell;
(B) A tray or container used solely to store, ship or otherwise transport an ingredient or food product that is not prepared food; or
(C) Polystyrene plastic material, other than polystyrene foam packaging peanuts, that is used solely for packing or protecting other items during storage, shipping or other transportation.
(5) "Polystyrene foam packaging peanuts" means loose fill material made of polystyrene foam used to protect items during shipping or other transportation.
(6)(a) "Prepared food" means food or a beverage that:
(A) A food vendor prepares on the food vendor’s premises or that another person prepares and provides to the food vendor for sale to the public; and
(B) An individual may consume immediately or without the need for further or additional preparation.
(b) "Prepared food" does not include meat, fish, eggs or produce, if the meat, fish, eggs or produce are raw and have not been prepared for immediate consumption. [2023 c.73 §1]
Note:
459.465 becomes operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023.
Note:
459.465 to 459.477 were enacted into law by the Legislative Assembly but were 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 459.468 - Prohibition on use of polystyrene foam containers by food vendor.

A food vendor may not use a polystyrene foam container in selling, offering for sale, serving or dispensing prepared food to a consumer. [2023 c.73 §2]
Note:
459.468 becomes operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023.
Note:
See second note under 459.465.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.471 - Prohibition on sale of polystyrene foam containers and packaging peanuts.

A person may not sell, offer for sale or distribute in or into this state polystyrene foam containers or polystyrene foam packaging peanuts. [2023 c.73 §3]
Note:
459.471 becomes operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023.
Note:
See second note under 459.465.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.474 - Prohibition on sale of foodware containers containing perfluoroalkyl or polyfluoroalkyl substances.

A person may not sell, offer for sale, or distribute in or into this state a foodware container containing intentionally added perfluoroalkyl or polyfluoroalkyl substances. [2023 c.73 §4]
Note:
459.474 becomes operative January 1, 2025. See section 7, chapter 73, Oregon Laws 2023.
Note:
See second note under 459.465.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.485 - Prohibition on sale of fluorescent lamps.

(1) As used in this section and ORS 459.488, "compact fluorescent lamp" and "linear fluorescent lamp" have the meanings given those terms in the California Health and Safety Code, Division 104, Part 3, chapter 16, section 109020, as in effect on September 24, 2023.
(2) On or after January 1, 2024, a person may not sell, offer to sell or distribute in or into this state a screw- or bayonet-base type compact fluorescent lamp as a new manufactured product.
(3) On or after January 1, 2025, a person may not sell, offer to sell or distribute in or into this state a pin-base type compact fluorescent lamp or a linear fluorescent lamp as a new manufactured product. [2023 c.410 §1]
Note:
459.485 to 459.491 were enacted into law by the Legislative Assembly but were 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 459.488 - Exceptions.

ORS 459.485 does not apply to:
(1) A lamp used for image capture and projection, including photocopying, printing, directly or in preprocessing, lithography, film and video projection and holography.
(2) A lamp that has a high proportion of ultraviolet light emission and is one of the following:
(a) A lamp with high ultraviolet content that has ultraviolet power greater than two milliwatts per kilolumen.
(b) A lamp for germicidal use, such as the destruction of DNA (deoxyribonucleic acid), that emits a peak radiation of approximately 253.7 nanometers.
(c) A lamp used for disinfection or fly trapping from which either:
(A) The radiation power emitted between 250 and 315 nanometers represents at least five percent of the total radiation power emitted between 250 and 800 nanometers; or
(B) The radiation power emitted between 315 and 400 nanometers represents at least 20 percent of the total radiation power emitted between 250 and 800 nanometers.
(d) A lamp used for the generation of ozone where the primary purpose is to emit radiation at approximately 185.1 nanometers.
(e) A lamp used for coral zooxanthellae symbiosis from which the radiation power emitted between 400 and 480 nanometers represents at least 40 percent of the total radiation power emitted between 250 and 800 nanometers.
(f) Any lamp used in an electronic product designed to incorporate one or more ultraviolet lamps and intended for irradiation of any part of the living human body by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning.
(3) A lamp used in a medical device or otherwise used for medical or veterinary diagnosis or treatment.
(4) A lamp used in pharmaceutical product manufacturing or quality control.
(5) A lamp used for spectroscopy and photometric applications, including ultraviolet-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process monitoring or environmental monitoring.
(6) A lamp used by academic or research institutions exclusively for conducting research projects or experiments.
(7) A compact fluorescent lamp used to replace a lamp in a motor vehicle manufactured on or before January 1, 2020. [2023 c.410 §2]
Note:
See note under 459.485.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.510

[1971 c.699 §2; 1973 c.778 §3; 1973 c.835 §151; 1977 c.867 §7; 1981 c.709 §9; renumbered 466.100]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.590

[1971 c.699 §10; 1973 c.778 §4; 1973 c.835 §153; 1977 c.867 §10; 1979 c.132 §8; 1981 c.709 §11; 1983 c.703 §12; 1985 c.670 §39; renumbered 466.150]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.650

[1971 c.699 §13a; 1977 c.867 §16; 1979 c.132 §16; 1981 c.709 §14; 1983 c.703 §13; renumbered 466.185]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.660

[1971 c.699 §14; 1973 c.835 §156; 1977 c.867 §17; 1979 c.132 §17; 1981 c.709 §15; 1983 c.703 §14; renumbered 466.190]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.670

[1971 c.699 §13; 1977 c.867 §18; 1979 c.132 §18; 1981 c.709 §16; 1983 c.90 §2; renumbered 466.195]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.680

[1971 c.699 §15a; 1977 c.867 §19; 1979 c.132 §19; 1981 c.709 §16a; 1983 c.703 §15; renumbered 466.200]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.705 - Definitions for ORS 459.705 to 459.790.

As used in ORS 459.705 to 459.790:
(1) "Danger" or "nuisance" includes but is not limited to the unpermitted storage of waste tires or the storage of waste tires in a manner that does not comply with a condition of a permittee’s waste tire storage permit.
(2) "Director" means the Director of the Department of Environmental Quality.
(3) "Dispose" means to deposit, dump, spill or place any waste tire on any land or into any waters of the state as defined by ORS 468B.005.
(4) "Private carrier" means a person who receives or generates waste tires and who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which the person is engaged. "Private carrier" does not include a person whose primary tire business is collecting, sorting or transporting used or waste tires.
(5) "Retreadable casing" means a waste tire suitable for retreading.
(6) "Store" or "storage" means to accumulate waste tires above ground, or to own or control property on which there are waste tires above ground. "Storage" includes the beneficial use of waste tires as fences and other uses with similar potential for causing environmental risks. "Storage" does not include the use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site or a beneficial use such as a planter except when the department determines the use creates an environmental risk.
(7) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is or may be transported in or drawn by upon a highway.
(8) "Tire carrier" means any person engaged in picking up or transporting waste tires for the purpose of storage, removal to a processor or disposal. "Tire carrier" does not include a solid waste collector operating under a license or franchise from any local government unit, a private individual or private carrier who transports the person’s own waste tires to a processor or for proper disposal, a person who transports fewer than five tires for disposal, or the United States, the State of Oregon, any county, city, town or municipality in this state, or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.
(9) "Tire retailer" means any person actively engaged in the business of selling new replacement tires.
(10) "Tire retreader" means any person actively engaged in the business of retreading waste tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.
(11) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. [1987 c.706 §1; 1991 c.882 §6; 1993 c.560 §59; 2005 c.654 §25]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.708 - Waste tire generator; requirements.

(1) Any person who generates waste tires shall either:
(a) Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790; or
(b) Transport the waste tires generated by the person to a waste tire storage site operating under a permit issued by the department, to a solid waste disposal site permitted by the department to accept waste tires or to another site authorized by the department.
(2) Any person who generates waste tires shall maintain a written record of the disposition of the waste tires including:
(a) Receipts indicating the disposition of the waste tires;
(b) The name and permit number of the waste tire carrier to whom waste tires were given for disposal;
(c) The name and location of the disposal site where waste tires were taken, including the date and number of waste tires; and
(d) Any other information the department may require.
(3) The information maintained under subsection (2) of this section shall be made available to the department upon request of the department. [1991 c.882 §3; 1993 c.560 §60]
Note:
459.708 was added to and made a part of 459.705 to 459.790 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 459 - Solid Waste Management › Section 459.710 - Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception.

(1) Except as provided in subsection (2) of this section, no person shall dispose of waste tires in a disposal site, as defined in ORS 459.005.
(2) A person may dispose of waste tires in a disposal site permitted by the Department of Environmental Quality if the waste tires are chipped in accordance with standards established by the Environmental Quality Commission.
(3) Except as provided in subsection (4) of this section, no person shall use waste tires as material in the construction of artificial reefs in the ocean waters of the State of Oregon.
(4) Subsection (3) of this section shall not apply to the use of waste tires in the construction of any artificial reef in any tidal or nontidal bay or estuary of this state. As used in this subsection, "estuary" has the meaning given that term in ORS 196.800. [1987 c.706 §2; 1989 c.203 §1; 1993 c.560 §61]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.712 - Transport without carrier permit prohibited; exceptions.

(1) No person shall collect or transport waste tires for the purpose of storage, processing or disposal or purport to be in the business of collecting or transporting waste tires unless the person has a waste tire carrier permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790.
(2) As a condition to holding a permit issued under subsection (1) of this section, each waste tire carrier shall:
(a) Comply with the provisions of ORS 459.705 to 459.790.
(b) Report periodically to the department on numbers of waste tires transported and the manner of disposition.
(c) Maintain financial assurance in the amount of $5,000 in the name of the State of Oregon.
(d) Maintain other plans and exhibits pertaining to the tire carrier operation as determined by the department to be reasonably necessary to protect the public health, welfare or safety or the environment.
(3) Subsection (1) of this section shall not apply to:
(a) A solid waste collector operating under a license or franchise from a local government unit.
(b) A private individual transporting the individual’s own waste tires to a processor or for proper disposal.
(c) A private carrier transporting the carrier’s own waste tires to a processor or for proper disposal.
(d) The United States, the State of Oregon, any county, city, town or municipality in this state or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state. [1991 c.882 §2]
Note:
459.712 was added to and made a part of 459.705 to 459.790 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 459 - Solid Waste Management › Section 459.715 - Storage prohibited; exceptions.

(1) No person shall store more than 100 waste tires anywhere in this state except at a waste tire storage site operated under a permit issued under ORS 459.745.
(2) Subsection (1) of this section shall not apply to:
(a) A solid waste disposal site permitted by the Department of Environmental Quality if the permit has been modified by the department to authorize the storage of tires;
(b) A tire retailer with not more than 1,500 waste tires in storage; or
(c) A tire retreader with not more than 3,000 waste tires in storage so long as the waste tires are of the type the retreader is actively retreading. [1987 c.706 §3; 1991 c.882 §7; 1993 c.560 §62; 2005 c.654 §26; 2019 c.630 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.720 - Conditions for storage site permit.

(1) Each waste tire storage site permittee shall be required to do the following as a condition to holding the permit:
(a) Report periodically to the Department of Environmental Quality on numbers of waste tires received and the manner of disposition.
(b) Maintain current contingency plans to minimize damage from fire or other accidental or intentional event.
(c) Maintain financial assurance acceptable to the department and in such amounts as determined by the department to be reasonably necessary for waste tire removal processing, fire suppression or other measures to protect the environment and the health, safety and welfare of the people of this state.
(d) Maintain other plans and exhibits 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.
(2) The department may waive any of the requirements of subsection (1) of this section for a waste tire storage site in existence on or before January 1, 1988. [1987 c.706 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.725 - Application for storage site operator or carrier.

(1) The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a waste tire storage site or to be a waste tire carrier.
(2) In addition to information requested on the application form, the department also shall require the submission of such information relating to the construction, development or establishment of a proposed waste tire storage site and facilities to be operated in conjunction therewith and such additional information, data and reports as it considers necessary to make a decision granting or denying a permit. [1987 c.706 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.730 - Information in application for storage site permit; carrier permit; fees; bond.

(1) Permit applications submitted to the Department of Environmental Quality for operating a waste tire storage site shall contain the following:
(a) The management program for the operation of the site, including the person to be responsible for the operation of the site, the proposed method of disposal and the proposed emergency measures to be provided at the site.
(b) 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.
(c) The exact location and place where the applicant proposes to operate and maintain the site, including the legal description of the lands included within the site.
(d) An application fee, as determined by the Environmental Quality Commission to be adequate to pay for the department’s costs in investigating and processing the application.
(e) Any additional information requested by the department.
(2) A permit application submitted to the department for operating as a waste tire carrier shall include the following:
(a) The name and place of business of the applicant.
(b) A description and license number of each truck used for transporting waste tires.
(c) The locations of the sites at which waste tires will be stored or disposed.
(d) A bond in the sum of $5,000 in favor of the State of Oregon. In lieu of the bond, the applicant may submit financial assurance acceptable to the department.
(e) An application fee, as determined by the commission to be adequate to pay for the department’s costs in investigating and processing the application.
(f) Any additional information requested by the department.
(3) The bond required under subsection (2) of this section shall be executed by the applicant as principal and by a surety company authorized to transact a surety business within the State of Oregon. The bond shall be filed with the department and shall provide that:
(a) In performing services as a waste tire carrier, the applicant shall comply with the provisions of ORS 459.705 to 459.790 and rules adopted by the commission regarding tire carriers; and
(b) Any person injured by the failure of the applicant to comply with the provisions of ORS 459.705 to 459.790 or the rules adopted by the commission regarding waste tire carriers shall have a right of action on the bond in the name of the person, provided that written claim of such right of action shall be made to the principal or the surety company within two years after the injury. [1987 c.706 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.735 - Notification of permit application in county of proposed disposal site.

(1) Following the submittal of a waste tire storage site permit application, the Director of the Department of Environmental Quality shall cause notice to be given in the county where the proposed site is located in a manner reasonably calculated to notify interested persons of the permit application.
(2) The notice shall contain information regarding the location of the site and the type and amount of waste tires intended for storage at the site, and may fix a time and place for a public hearing. In addition, the notice shall give any person substantially affected by the proposed site an opportunity to comment on the permit application. [1987 c.706 §7; 1993 c.560 §63]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.740 - Hearing on site permit application.

The Department of Environmental Quality may conduct a public hearing in the county where a proposed waste tire storage site is located and may conduct hearings at other places as the department considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application. [1987 c.706 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.745 - Department action on application; appeal.

Based upon the review by the Department of Environmental Quality of the waste tire storage site or waste tire carrier permit application, and any public comments received by the department, the Director of the Department of Environmental Quality shall issue or deny the permit. The director’s decision shall be subject to appeal to the Environmental Quality Commission and judicial review under ORS chapter 183. [1987 c.706 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.750 - Storage site and carrier permit fees.

A fee may be required from every person for whom a permit is issued under ORS 459.745. 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 459.760 and to cover related administrative costs. [1987 c.706 §10; 1993 c.560 §64]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.755 - Revocation of storage site or carrier permit.

The Director of the Department of Environmental Quality may revoke any permit issued under ORS 459.745 upon a finding that the permittee has violated any provision of ORS 459.705 to 459.790 or rules adopted pursuant thereto or any material condition of the permit, subject to appeal to the Environmental Quality Commission and judicial review under ORS chapter 183. [1987 c.706 §11; 1993 c.560 §65]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.760 - Monitoring and inspection of waste tire carriers and storage site; access to site and records.

The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all waste tire storage sites and all waste tire carriers or may contract with any qualified public or private agency to do so. After reasonable notice, waste tire carriers and owners and operators of storage sites must allow the department necessary access to the site of waste tire storage and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. [1987 c.706 §12; 1993 c.560 §66]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.765 - Department use of fees.

Fees received by the Department of Environmental Quality pursuant to ORS 459.730 and 459.750 shall be deposited in the State Treasury and credited to the department and are continuously appropriated to carry out the permitting program under ORS 459.705 to 459.790. [1987 c.706 §12a; 1993 c.560 §67]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.772 - Use of processed, source-separated waste tires for energy recovery.

Notwithstanding any other provision of ORS 459.015, for purposes of encouraging the use of waste tires under ORS 459.705 to 459.790, the use of processed, source-separated waste tires having a positive market value as a new product to recover energy shall be considered recycling under ORS 459.015 (2)(c)(C). [1991 c.882 §4; 2021 c.681 §56]
Note:
459.772 was added to and made a part of 459.705 to 459.790 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 459 - Solid Waste Management › Section 459.775 - Waste Tire Recycling Account; uses.

(1) The Waste Tire Recycling Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department of Revenue under ORS 459.504 to 459.619 (1989 Edition) shall be deposited to the credit of the account.
(2) Any moneys remaining in the Waste Tire Recycling Account on July 1, 1992, and any interest earned on such moneys are appropriated continuously to the Department of Environmental Quality and shall be used:
(a) To reimburse users for the costs of using waste tires or chips or similar material for requests made for the calendar quarter immediately preceding July 1, 1992; and
(b) By the Department of Environmental Quality for other programs and activities related to waste tire storage, removal or disposal. [1987 c.706 §14; 1991 c.882 §9; 1993 c.560 §68; 1997 c.552 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.785 - Rules.

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 459.705 to 459.790.
(2) The commission may adopt rules that limit, restrict or prohibit the storage of waste tire chips not chipped and disposed of in accordance with standards adopted by the commission under ORS 459.710. The rules also may include requirements for obtaining a permit from the Department of Environmental Quality for the storage of tire chips. [1987 c.706 §16; 1991 c.882 §11; 1993 c.560 §71]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.790 - Exceptions to ORS 459.705 to 459.785.

Except for the purposes of waste tire removal under ORS 459.780 (2) and (4) to (8), the provisions of ORS 459.705 to 459.785 do not apply to:
(1) Tires from:
(a) Any device moved exclusively by human power.
(b) Any device used exclusively upon stationary rails or tracks.
(c) A motorcycle.
(d) An all-terrain vehicle.
(e) Any device used exclusively for farming purposes, except a farm truck.
(2) A retreadable casing while under the control of a tire retreader or while being delivered to a retreader. [1987 c.706 §18; 1991 c.882 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.900 - Thermostats and motor vehicle switches containing mercury; disposal; findings.

(1) The Legislative Assembly finds that mercury is a potent neurotoxin that can cause long-lasting health problems. In order to reduce the amount of mercury entering the environment from the solid waste stream:
(a) A manufacturer of thermostats that contain mercury:
(A) Shall make available a program for the collection of such thermostats to be managed as a universal waste.
(B) Shall provide incentives for and sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream.
(C) Is not liable for improper disposal of thermostats containing mercury by consumers if the manufacturer complies with this paragraph.
(b) A person may not crush a motor vehicle without first attempting to remove mercury light switches that are mounted on the hood or trunk of the vehicle. The mercury light switches removed from motor vehicles under this paragraph are subject to the universal waste management standards adopted by the Environmental Quality Commission.
(2) For purposes of this section, "thermostat" means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 §1]
Note:
459.900 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.