(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]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459 - Solid Waste Management
Section 459.007 - Applicability of ORS 459.005 to wood residue.
Section 459.017 - Relationship of state to local governments in solid waste management.
Section 459.025 - General powers and duties of department.
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 459.109 - 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 459.243 - 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 459.255 - 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 459.310 - 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 459.345 - Metropolitan service district report to commission.
Section 459.350 - Commission review of metropolitan service district report.
Section 459.376 - Action to enforce rules or orders.
Section 459.386 - Definitions for ORS 459.386 to 459.405.
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 459.405 - Transport of infectious waste; certification; records.
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 459.433 - 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 459.712 - 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 459.790 - 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.