(a) All wastes meeting the state and federal criteria for hazardous waste, excluding wastewater, generated at any dry cleaning facility and containing dry cleaning solvents, including residues and filters, shall be managed and disposed of, regardless of quantity generated, as hazardous wastes in accordance with federal and state laws otherwise applicable to management of hazardous wastes, except that, as to the cleanup of releases of dry cleaning solvents, ORS 465.503 shall apply rather than ORS 466.205;
(b) Wastewater contaminated with dry cleaning solvents from the water separation process of dry cleaning machines may not be discharged into any sanitary sewer or septic tank or into the waters of this state;
(c) Dry cleaning operators shall manage solvent contaminated wastewater generated in the water separation process in accordance with rules adopted by the Environmental Quality Commission;
(d) A dry cleaning facility may not include operation of transfer-type dry cleaning equipment using perchloroethylene;
(e) All newly installed dry cleaning systems using perchloroethylene shall be of the dry-to-dry type and be equipped with integral refrigerated condensers with an outlet temperature sensor for the control of perchloroethylene emissions;
(f) All existing dry cleaning systems using perchloroethylene shall install refrigerated condensers, or an equivalent;
(g) Every dry cleaning facility shall install secondary containment systems capable of containing dry cleaning solvent under and around each machine or item of equipment in which any dry cleaning solvent is used, treated or stored; and
(h) All perchloroethylene dry cleaning solvent shall be delivered to dry cleaning facilities by means of closed, direct-coupled delivery systems.
(2) The Department of Environmental Quality may authorize the use of alternative measures at a dry cleaning facility in lieu of one or more of the measures described under subsection (1) of this section upon proof satisfactory to the department that the alternative measures can provide equivalent protection for public health and the environment, can achieve equivalent waste minimization and are consistent with other applicable laws and regulations.
(3) Every dry cleaning and dry store operator shall provide annually to the department on forms to be supplied by the department, information regarding compliance with the waste minimization requirements set forth in subsection (1) of this section and any other information as the department considers necessary for carrying out the purposes of ORS 465.200 and 465.500 to 465.545.
(4) Notwithstanding any law to the contrary, a dry cleaning operator for a facility having a release of dry cleaning solvents shall immediately report any release exceeding one pound to the notification system managed by the Oregon Department of Emergency Management pursuant to ORS 401.094.
(5) The Environmental Quality Commission shall adopt rules necessary to implement ORS 465.200 and 465.500 to 465.545, including but not limited to rules implementing the recommendations of the advisory group established under ORS 465.507 or requiring the implementation of new waste minimization technologies. [1995 c.427 §5; 1999 c.59 §132; 2001 c.495 §3; 2021 c.539 §75]
Note: The amendments to 465.505 by section 75, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) In addition to any other applicable federal or state law and regulation, the following waste minimization requirements shall apply to dry cleaning facilities:
(a) All wastes meeting the state and federal criteria for hazardous waste, excluding wastewater, generated at any dry cleaning facility and containing dry cleaning solvents, including residues and filters, shall be managed and disposed of, regardless of quantity generated, as hazardous wastes in accordance with federal and state laws otherwise applicable to management of hazardous wastes, except that, as to the cleanup of releases of dry cleaning solvents, ORS 465.503 shall apply rather than ORS 466.205;
(b) Wastewater contaminated with dry cleaning solvents from the water separation process of dry cleaning machines may not be discharged into any sanitary sewer or septic tank or into the waters of this state;
(c) Dry cleaning operators shall manage solvent contaminated wastewater generated in the water separation process in accordance with rules adopted by the Environmental Quality Commission;
(d) A dry cleaning facility may not include operation of transfer-type dry cleaning equipment using perchloroethylene;
(e) All newly installed dry cleaning systems using perchloroethylene shall be of the dry-to-dry type and be equipped with integral refrigerated condensers with an outlet temperature sensor for the control of perchloroethylene emissions;
(f) All existing dry cleaning systems using perchloroethylene shall install refrigerated condensers, or an equivalent;
(g) Every dry cleaning facility shall install secondary containment systems capable of containing dry cleaning solvent under and around each machine or item of equipment in which any dry cleaning solvent is used, treated or stored; and
(h) All perchloroethylene dry cleaning solvent shall be delivered to dry cleaning facilities by means of closed, direct-coupled delivery systems.
(2) The Department of Environmental Quality may authorize the use of alternative measures at a dry cleaning facility in lieu of one or more of the measures described under subsection (1) of this section upon proof satisfactory to the department that the alternative measures can provide equivalent protection for public health and the environment, can achieve equivalent waste minimization and are consistent with other applicable laws and regulations.
(3) Every dry cleaning and dry store operator shall provide annually to the department on forms to be supplied by the department, information regarding compliance with the waste minimization requirements set forth in subsection (1) of this section and any other information as the department considers necessary for carrying out the purposes of ORS 465.200 and 465.500 to 465.545.
(4) Notwithstanding any law to the contrary, a dry cleaning operator for a facility having a release of dry cleaning solvents shall immediately report any release exceeding one pound to the notification system managed by the Office of Emergency Management pursuant to ORS 401.094.
(5) The Environmental Quality Commission shall adopt rules necessary to implement ORS 465.200 and 465.500 to 465.545, including but not limited to rules implementing the recommendations of the advisory group established under ORS 465.507 or requiring the implementation of new waste minimization technologies.
Structure 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 465.027 - 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 465.112 - 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 465.230 - Removal of facilities from inventory; criteria.
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 465.330 - 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 465.400 - 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 465.481 - General liability insurance policies; assignment.
Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.
Section 465.507 - Dry cleaning advisory group.
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 465.600 - 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.