2021 Oregon Revised Statutes
Chapter 459 - Solid Waste Management
Section 459.045 - Rules.


(a) Accumulation, storage, collection, transportation and disposal of solid wastes to prevent vector production and sustenance, transmission of diseases to humans or animals, air pollution, pollution of surface or ground waters, and hazards to service or disposal workers or to the public.
(b) Location of disposal sites, giving consideration to:
(A) The adaptability of each disposal site to the population served, topography and geology of the area and other characteristics as they affect protection of ground and surface waters and air pollution;
(B) Minimum standards of design, management and operation of disposal sites; and
(C) Salvage operations at disposal sites.
(c) Construction, loading and operation of vehicles used in performing collection service to prevent the contents of the vehicles from dropping, sifting, leaking or escaping onto public highways.
(d) Definition of other "wastes" subject to regulation under ORS 459.005 to 459.105, 459.205 to 459.385 and 459.992 (1) and (2).
(e) Closure and post-closure maintenance of land disposal sites.
(2) The commission may by rule:
(a) Exempt a class of land disposal sites other than those receiving domestic solid waste from the requirement to provide financial assurance under ORS 459.272; or
(b) Establish criteria that a land disposal site must meet to be exempted from the requirement to provide financial assurance under ORS 459.272.
(3) The commission shall adopt rules on other subjects as necessary to carry out:
(a) ORS 459.005 to 459.105 and 459.205 to 459.385.
(b) ORS 646.608 (1)(y). Rules adopted under this paragraph shall, to the greatest extent practicable, be consistent with the labeling requirements of other states.
(4) The commission shall adopt rules which have modified or limited application in different geographic areas of the state when special conditions prevail in specified geographic areas. Special conditions that shall be considered include, but are not limited to, climatic conditions, zone classification of the area, population characteristics, methods and costs of solid waste management, solid waste management plans and other conditions in the area. Modifications or limitations shall not be unreasonable, arbitrary or inimical to the policy and purposes of ORS 459.005 to 459.105 and 459.205 to 459.385.
(5) All rules adopted under this section shall be adopted after public hearing and in accordance with ORS chapter 183.
(6) Unless a rule adopted under this section is adopted pursuant to the authority granted by ORS 183.335 (5), the commission shall mail copies of the proposed rules to all persons who have requested such copies. The copies shall be mailed at least 30 days prior to the hearing required by subsection (5) of this section. [1971 c.648 §5; 1973 c.835 §137; 1981 c.709 §2; 1983 c.766 §6; 1993 c.560 §§7,7a; 2001 c.924 §23]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 459 - Solid Waste Management

Section 459.005 - Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665.

Section 459.007 - Applicability of ORS 459.005 to wood residue.

Section 459.015 - Policy.

Section 459.017 - Relationship of state to local governments in solid waste management.

Section 459.025 - General powers and duties of department.

Section 459.045 - Rules.

Section 459.047 - Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance.

Section 459.049 - Mandated landfills in certain counties; establishment by state.

Section 459.051 - Procedural rules.

Section 459.053 - Powers of department regarding landfills.

Section 459.055 - Landfills in farm use areas; waste reduction programs.

Section 459.057 - Department to limit wastes allowed in landfills in certain counties.

Section 459.061 - Upland placement of dredged material; rules.

Section 459.065 - State preemption; intergovernmental agreements authorized.

Section 459.085 - County authority outside cities; effect of annexation; interagency agreements.

Section 459.095 - Restrictions on authority of local government units.

Section 459.108 - Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805.

Section 459.109 - Effect of certain laws on cities and counties.

Section 459.125 - Authority of Marion County over products or by-products of county disposal sites.

Section 459.135 - Marion County authority over private facility in county.

Section 459.145 - Limits on Marion County authority.

Section 459.205 - Permit required.

Section 459.215 - Exclusion of certain sites from permit requirement; rules.

Section 459.225 - Variances authorized.

Section 459.235 - Applications for permits; fees.

Section 459.236 - Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments.

Section 459.243 - Restrictions on issuance of permits under ORS 459.245.

Section 459.245 - Issuance of permits; terms; refusal to renew; disposal of liquid waste.

Section 459.247 - Prohibition on disposal of certain solid waste at disposal site.

Section 459.250 - Place for collecting source separated recyclable material required for disposal site permit.

Section 459.255 - Suspension or revocation of permits.

Section 459.265 - Hearings; appeal.

Section 459.270 - Renewal of permit prior to proposed closure of disposal site.

Section 459.272 - Evidence of financial assurance for land disposal site.

Section 459.273 - Disposition of excess moneys and interest received for financial assurance.

Section 459.280 - Definitions for ORS 459.284 and 459.290.

Section 459.305 - Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee.

Section 459.310 - Surcharge on solid waste disposal; surcharge use.

Section 459.311 - Charge for remedial action or removal; amount; collection; allocation.

Section 459.315 - Definitions for ORS 459.315 to 459.330.

Section 459.320 - Regional disposal site advisory committee; membership; terms.

Section 459.325 - Duties of regional disposal site advisory committee.

Section 459.335 - Use of fees collected by the metropolitan service district.

Section 459.340 - Implementation of the solid waste reduction program by metropolitan service district.

Section 459.345 - Metropolitan service district report to commission.

Section 459.350 - Commission review of metropolitan service district report.

Section 459.355

Section 459.376 - Action to enforce rules or orders.

Section 459.386 - Definitions for ORS 459.386 to 459.405.

Section 459.387 - Policy.

Section 459.388 - Restrictions on discarding, storing or transporting infectious waste.

Section 459.390 - Procedures for segregation and containment of infectious waste; exemption.

Section 459.395 - Treatment of infectious wastes; rules.

Section 459.400 - Exceptions.

Section 459.405 - Transport of infectious waste; certification; records.

Section 459.411 - Policy.

Section 459.413 - Household hazardous waste depots; location; promotion program.

Section 459.415 - Department approval for collection activity required; written proposal.

Section 459.417 - Statewide household hazardous waste public education program.

Section 459.420 - Permitted lead-acid battery disposal; disposal by retailers.

Section 459.422 - Acceptance of used batteries by retailers and wholesalers.

Section 459.426 - Notice to customers.

Section 459.431 - Definitions for ORS 459.431 to 459.437.

Section 459.432 - Policy.

Section 459.433 - Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.

Section 459.437 - Requirements for sale or promotion of mercuric oxide batteries.

Section 459.705 - Definitions for ORS 459.705 to 459.790.

Section 459.708 - Waste tire generator; requirements.

Section 459.710 - Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception.

Section 459.712 - Transport without carrier permit prohibited; exceptions.

Section 459.715 - Storage prohibited; exceptions.

Section 459.720 - Conditions for storage site permit.

Section 459.725 - Application for storage site operator or carrier.

Section 459.730 - Information in application for storage site permit; carrier permit; fees; bond.

Section 459.735 - Notification of permit application in county of proposed disposal site.

Section 459.772 - Use of processed, source-separated waste tires for energy recovery.

Section 459.775 - Waste Tire Recycling Account; uses.

Section 459.780 - Tire removal or processing plan; financial assistance; department abatement.

Section 459.785 - Rules.

Section 459.790 - Exceptions to ORS 459.705 to 459.785.

Section 459.900 - Thermostats and motor vehicle switches containing mercury; disposal; findings.

Section 459.992 - Criminal penalties; license suspension and revocation.

Section 459.993 - Penalties for violation of ORS 459A.757.

Section 459.995 - Civil penalties.