2021 Oregon Revised Statutes
Chapter 465 - Hazardous Waste and Hazardous Materials I
Section 465.003 - Definitions for ORS 465.003 to 465.034.


(1) "Conditionally exempt generator" means a generator that generates less than 2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less than 220 pounds of hazardous waste in one calendar month.
(2) "Facility" means all buildings, equipment, structures and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person that controls, is controlled by or under common control with any person.
(3) "Fully regulated generator" means a generator that generates 2.2 pounds or more of acute hazardous waste as defined by 40 C.F.R. 261, or 2,200 pounds or more of hazardous waste in one calendar month.
(4) "Generator" means a person that, by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of hazardous waste.
(5) "Hazardous waste" has the meaning given that term in ORS 466.005.
(6) "Large user" means a facility required to submit a uniform toxic chemical release form under 42 U.S.C. 11023.
(7) "Person" includes person, public body, as defined in ORS 174.109, the federal government or any other legal entity.
(8) "Small-quantity generator" means a generator that generates between 220 and 2,200 pounds of hazardous waste in one calendar month.
(9) "Toxic substance" or "toxics" means any substance, other than a substance used as a pesticide in routine commercial agricultural applications, in a gaseous, liquid or solid state specified on the list of toxic chemicals generated pursuant to 42 U.S.C. 11023, or any substance added by the Environmental Quality Commission under ORS 465.009.
(10) "Toxics use" means use or production of a toxic substance.
(11) "Toxics use reduction" means in-plant changes in production or other processes or operations, products or raw materials that reduce, avoid or eliminate the use or production of toxic substances without creating substantial new risks to public health, safety and the environment, through the application of any of the following techniques:
(a) Input substitution, achieved by replacing a toxic substance or raw material used in a production or other process or operation with a nontoxic or less toxic substance;
(b) Product reformulation, achieved by substituting for an existing end product, an end product that is nontoxic or less toxic upon use, release or disposal;
(c) Production or other process or operation redesign or modifications;
(d) Production or other process or operation modernization, achieved by upgrading or replacing existing equipment and methods with other equipment and methods;
(e) Improved operation and maintenance controls of production or other process or operation equipment and methods, achieved by modifying or adding to existing equipment or methods including, but not limited to, techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or
(f) Recycling, reuse or extended use of toxics by using equipment or methods that become an integral part of the production or other process or operation of concern, including but not limited to filtration and other methods.
(12) "Toxics user" means a large user, a fully regulated generator or a small-quantity generator.
(13) "Waste reduction" means:
(a) Any activity conducted after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety and the environment and that results in:
(A) The reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored or disposed of;
(B) The reduction of toxicity of hazardous waste that would otherwise be treated, stored or disposed of; or
(C) Both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.
(b) On-site or off-site treatment where the treatment can be shown to confer a higher degree of protection of the public health, safety and the environment than other technically and economically practicable waste reduction alternatives. [1989 c.833 §2; 2005 c.206 §3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 465 - Hazardous Waste and Hazardous Materials I

Section 465.003 - Definitions for ORS 465.003 to 465.034.

Section 465.006 - Policy.

Section 465.009 - Rules.

Section 465.012 - Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules.

Section 465.015 - Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility.

Section 465.018 - Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system.

Section 465.021 - Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty.

Section 465.027 - Contract for assistance with higher education institution.

Section 465.032 - Form of implementation summary; information required.

Section 465.034 - Application of ORS 465.003 to 465.034.

Section 465.101 - Definitions for ORS 465.101 to 465.131.

Section 465.104 - Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators.

Section 465.111 - Department of Revenue to collect fee; exemption from fee of protected petroleum products.

Section 465.112 - Amounts held in trust; enforcement.

Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.

Section 465.200 - Definitions for ORS 465.200 to 465.545.

Section 465.205 - Legislative findings.

Section 465.210 - Authority of department for removal or remedial action.

Section 465.215 - List of facilities with confirmed release.

Section 465.220 - Comprehensive statewide identification program; notice.

Section 465.225 - Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory.

Section 465.230 - Removal of facilities from inventory; criteria.

Section 465.235 - Public inspection of inventory; information included in inventory; organization; report; action plan.

Section 465.250 - Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.

Section 465.255 - Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions.

Section 465.257 - Right of contribution from other person liable for remedial action costs; allocation of orphan share.

Section 465.260 - Removal or remedial action; reimbursement of costs; liability; damages.

Section 465.270 - Legislative findings and intent.

Section 465.275 - Remedial action and financial assistance program; contracts for implementation.

Section 465.285 - Requirements for financial assistance; contents of agreements.

Section 465.290 - Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations.

Section 465.315 - Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules.

Section 465.320 - Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability.

Section 465.325 - Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability.

Section 465.327 - Agreement to release party from potential liability to facilitate cleanup and reuse of property; eligible parties; terms of agreement; recording of agreement.

Section 465.330 - State remedial action costs; payment; effect of failure to pay.

Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.

Section 465.340 - Contractor liability; indemnification.

Section 465.375 - Monthly fee of operators; amount; use of moneys.

Section 465.376 - Special hazardous waste management fees; use of fees.

Section 465.381 - Hazardous Substance Remedial Action Fund; sources; uses; Orphan Site Account; uses.

Section 465.386 - Commission authorized to increase fees; rules; basis of increase; amount of increase.

Section 465.400 - Rules; designation of hazardous substance.

Section 465.405 - Rules; "confirmed release"; "preliminary assessment."

Section 465.420 - Remedial Action Advisory Committee.

Section 465.430 - Legislative findings.

Section 465.435 - Rules relating to exemption from liability for security interest holder.

Section 465.475 - Definitions for ORS 465.475 to 465.484.

Section 465.479 - Lost policies; investigation by insurer required; minimum standards for investigation.

Section 465.480 - Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; contribution; allocation.

Section 465.481 - General liability insurance policies; assignment.

Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.

Section 465.484 - Unfair environmental claims settlement practices; environmental claim mediation; rules; fees; damages.

Section 465.500 - Purpose.

Section 465.503 - Exemption from administrative or judicial action to compel removal or remedial action; exemption from liability; exceptions; limitations.

Section 465.505 - Waste minimization requirements for dry cleaning facilities; annual report; reportable release; rules.

Section 465.507 - Dry cleaning advisory group.

Section 465.510 - Dry Cleaner Environmental Response Account; use; deductible amounts for expenditures.

Section 465.517 - Annual fee and gross revenue fee for dry cleaning facilities.

Section 465.520 - Fee on sale or transfer of dry cleaning solvent; exemption.

Section 465.523 - Fee on use of dry cleaning solvent.

Section 465.525 - Calculation of fee for partial gallons; refund or credit.

Section 465.536 - Late charges; enforcement by Department of Revenue.

Section 465.545 - Suspension of dry cleaning fees; recommendation to Legislative Assembly.

Section 465.550 - Definitions for ORS 465.550 and 465.555.

Section 465.555 - County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee.

Section 465.600 - Definitions for ORS 465.600 to 465.621.

Section 465.603 - Procedure to create public authority.

Section 465.606 - Board of directors; rules; quorum; personnel.

Section 465.609 - General powers; advisory committees; notice of land disposition; report.

Section 465.612 - Obligations of authority not obligations of local government; exception.

Section 465.615 - Exemption from taxation.

Section 465.618 - Remedial action costs; recovery.

Section 465.621 - Dissolution.

Section 465.900 - Civil penalties for violation of removal or remedial actions.

Section 465.992 - Civil penalty for failure to pay fees.