2021 Oregon Revised Statutes
Chapter 466 - Hazardous Waste and Hazardous Materials II
Section 466.005 - Definitions for ORS 453.635 and 466.005 to 466.385.


(1) "Commission" means the Environmental Quality Commission.
(2) "Department" means the Department of Environmental Quality.
(3) "Director" means the Director of the Department of Environmental Quality.
(4) "Dispose" or "disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that the hazardous waste or any hazardous constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the state as defined in ORS 468B.005.
(5) "Facility" means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste. "Facility" may consist of one or more treatment, storage or disposal operational units.
(6) "Generator" means the person, who by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.
(7) "Hazardous waste" does not include radioactive material or the radioactively contaminated containers and receptacles used in the transportation, storage, use or application of radioactive waste, unless the material, container or receptacle is classified as hazardous waste under paragraph (a), (b) or (c) of this subsection on some basis other than the radioactivity of the material, container or receptacle. Hazardous waste does include all of the following which are not declassified by the commission under ORS 466.015 (3):
(a) Discarded, useless or unwanted materials or residues resulting from any substance or combination of substances intended for the purpose of defoliating plants or for the preventing, destroying, repelling or mitigating of insects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and rodenticides.
(b) Residues resulting from any process of industry, manufacturing, trade or business or government or from the development or recovery of any natural resources, if such residues are classified as hazardous by order of the commission, after notice and public hearing. For purposes of classification, the commission must find that the residue, because of its quantity, concentration, or physical, chemical or infectious characteristics may:
(A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or application of the substances described in paragraphs (a) and (b) of this subsection.
(8) "Hazardous waste disposal site" means a geographical site in which or upon which hazardous waste is disposed.
(9) "Hazardous waste storage site" means the geographical site upon which hazardous waste is stored.
(10) "Hazardous waste treatment site" means the geographical site upon which or a facility in which hazardous waste is treated.
(11) "Manifest" means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.
(12) "PCB" has the meaning given that term in ORS 466.505.
(13) "Person" means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.
(14) "Store" or "storage" means the containment of hazardous waste either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.
(15) "Transporter" means any person engaged in the transportation of hazardous waste by any means.
(16) "Treat" or "treatment" means any method, technique, activity or process, including but not limited to neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. [Formerly 459.410; 1987 c.540 ยง4]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 466 - Hazardous Waste and Hazardous Materials II

Section 466.005 - Definitions for ORS 453.635 and 466.005 to 466.385.

Section 466.010 - Purpose.

Section 466.015 - Powers and duties of department.

Section 466.020 - Rules and orders.

Section 466.025 - Duties of commission.

Section 466.045 - Application form; contents; fees; renewal application; rules.

Section 466.050 - Citizen advisory committees.

Section 466.055 - Criteria for new facility.

Section 466.060 - Criteria to be met by owner and operator before issuance of permit.

Section 466.065 - Applicant for renewal to comply with ORS 466.055 and 466.060; exceptions; permit conditions; rules.

Section 466.067 - Modification of PCB or hazardous waste permit to allow recycling operation; fee.

Section 466.068 - Technical assistance and information program for generators of hazardous waste; rules.

Section 466.069 - Hazardous Waste Technical Assistance Fund; uses; limitations.

Section 466.070 - Standards for rules.

Section 466.075 - Rules for generators of hazardous waste.

Section 466.077 - Fee for generators of hazardous waste to obtain identification number.

Section 466.086 - Gaining federal authorization; rules.

Section 466.090 - Inspection and copying of records authorized; exceptions.

Section 466.095 - Hazardous waste to be stored or treated at permitted site; exemptions.

Section 466.100 - Disposal of waste restricted; permit required.

Section 466.105 - Duties of permittee.

Section 466.107 - Action under ORS 466.105 against guarantor.

Section 466.110 - Application; form.

Section 466.115 - Required application information.

Section 466.120 - Required application information to operate site.

Section 466.125 - Notice of hearings on applications.

Section 466.140 - Review of applications; issuance.

Section 466.145 - Review of treatment applications; issuance.

Section 466.150 - Permit requirements.

Section 466.153 - Exemption from state or local laws for sale or deeding of land.

Section 466.160 - Site permit fees; disposition; withdrawal by permittee.

Section 466.165 - Annual fees; use.

Section 466.168 - Annual fee for used oil processor.

Section 466.175 - Disposition of site or facility after revocation; acquisition of site by department.

Section 466.180 - Department authority to limit storage, disposal or treatment.

Section 466.185 - Investigation upon complaint; hearings; orders.

Section 466.190 - Investigation upon motion of department; findings and orders.

Section 466.195 - Monitoring and surveillance program; inspection.

Section 466.200 - Procedure for emergencies.

Section 466.205 - Liability for improper disposal of waste; costs; lien for department expenditures.

Section 466.215 - Post-closure permit for disposal site; rules; fee.

Section 466.225 - Monitoring site; access.

Section 466.255 - Disposal of PCB restricted; permit required for PCB disposal facility.

Section 466.260 - Duties of department.

Section 466.265 - Rules for regulation of PCB disposal.

Section 466.270 - Criteria for rules; study of disposal methods.

Section 466.275 - Permit application for PCB disposal facility.

Section 466.285 - Notice of hearings on application.

Section 466.295 - Examination of applications; recommendation to commission; decision as to issuance; notice to applicant.

Section 466.300 - Restrictions on commission authority to issue permit.

Section 466.305 - Investigation of complaints; hearing; order.

Section 466.315 - Procedure for emergency.

Section 466.320 - Conditions for holding permit.

Section 466.335 - Consequences of revocation.

Section 466.340 - Restrictions on treatment or disposal of PCB at facility.

Section 466.345 - PCB facility permit fee.

Section 466.350 - Post-closure permit; fee.

Section 466.355 - Interstate cooperation regarding toxics use and hazardous waste reduction programs.

Section 466.360 - Policy.

Section 466.365 - Commission authority to establish sites for which notice is required; rulemaking; report to Legislative Assembly.

Section 466.370 - Notice to owner; hearing; filing of notice if no objection.

Section 466.375 - Filing of notice; content of notice.

Section 466.385 - Amendment of comprehensive plan and land use regulations; model language; appeal of land use decision related to site requiring notice.

Section 466.505 - Definitions for ORS 466.505 to 466.530.

Section 466.510 - Sale of items containing concentrations of PCB prohibited; rules; exceptions.

Section 466.515 - Electric transformers or capacitors exempted; rules.

Section 466.520 - Exemption certificates; applications; conditions.

Section 466.605 - Definitions for ORS 466.605 to 466.680.

Section 466.610 - Department authority relating to cleanup of oil or hazardous material.

Section 466.620 - Emergency response plan.

Section 466.625 - Rulemaking.

Section 466.630 - Commission designation of substance as hazardous material; rules.

Section 466.635 - Report of spill or release of reportable quantity of hazardous material.

Section 466.640 - Strict liability for spill or release; exceptions.

Section 466.645 - Cleanup; failure to complete cleanup.

Section 466.670 - Oil and Hazardous Material Emergency Response and Remedial Action Fund.

Section 466.675 - Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund.

Section 466.680 - Responsibility for expenses of cleanup; record; treble damages; order; appeal.

Section 466.706 - Definitions for ORS 466.706 to 466.882 and 466.994.

Section 466.710 - Application of ORS 466.706 to 466.882 and 466.994.

Section 466.715 - Legislative findings.

Section 466.720 - Statewide underground storage tank program; federal authorization; rules.

Section 466.725 - Limitation on local government regulation.

Section 466.727 - Prohibition on local government tax, fee or surcharge.

Section 466.730 - Delegation of program administration to state agency or local government by agreement.

Section 466.743 - Training on operation, maintenance and testing; rules.

Section 466.746 - Commission rules; considerations.

Section 466.750 - License procedure for persons servicing underground tanks.

Section 466.760 - When permit required; who required to sign application.

Section 466.765 - Duty of owner or permittee of underground storage tank.

Section 466.770 - Corrective action required on contaminated site.

Section 466.775 - Grounds for refusal, modification, suspension or revocation of permit.

Section 466.780 - Variance upon petition.

Section 466.783 - Installation fee; permit modification fee.

Section 466.785 - Annual storage tank fee; late payment fee.

Section 466.787 - Annual service provider fee; biennial supervisor fee.

Section 466.791 - Underground Storage Tank Compliance and Corrective Action Fund; sources; uses.

Section 466.795 - Underground Storage Tank Insurance Fund.

Section 466.800 - Records as public records; exceptions.

Section 466.805 - Site inspection; subpoena or warrant.

Section 466.810 - Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies.

Section 466.815 - Financial responsibility of owner or permittee; rules; legislative review.

Section 466.820 - Reimbursement to department; procedure for collection; treble damages.

Section 466.830 - Halting tank operation upon clear and immediate danger.

Section 466.835 - Compliance and correction costs as lien; enforcement.

Section 466.837 - Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules.

Section 466.840 - Legislative findings.

Section 466.845 - Commission authority to accept and expend moneys received for financial assistance programs.

Section 466.858 - Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action.

Section 466.868 - Licensing requirements; annual fee; registry of licensees; revocation of license.

Section 466.872 - Certification of voluntary decommissioning or approval of corrective action; fee.

Section 466.878 - Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank.

Section 466.882 - Rules.

Section 466.901 - Definitions for ORS 466.901 to 466.915.

Section 466.903 - Financial assistance program for fuel tanks holding aircraft or marine fuel; application; fees.

Section 466.905 - Eligibility for financial assistance; amount of grants.

Section 466.907 - Rules.

Section 466.910 - Sources of funds; disposition.

Section 466.913 - Fuel Tank Compliance and Corrective Action Fund.

Section 466.915 - Memorandum of understanding with State Marine Board or Department of Transportation.

Section 466.917 - Priority of financial assistance granted by Director of Transportation.

Section 466.920 - Priority for distribution of funds by State Marine Board.

Section 466.990 - Civil penalties generally.

Section 466.992 - Civil penalties for damage to wildlife resulting from contamination of food or water supply.

Section 466.994 - Civil penalties for violations of underground storage tank regulations.

Section 466.995 - Criminal penalties.