459Chapter 459 2011 EDITION Solid Waste Management GENERAL PROVISIONS 459.005 Def initions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665 459.007 Applicability

Chapter 4592011 EDITION

Solid Waste Management

GENERAL PROVISIONS459.005 Definitions for ORS 459.005 to 459.437,

459.705 to 459.790 and 459A.005 to 459A.665459.007 Applicability of ORS 459.005 to wood resi-

due459.015 Policy459.017 Relationship of state to local governments

in solid waste management

STATE ADMINISTRATION459.025 General powers and duties of department459.035 Assistance in development and implemen-

tation of solid waste management plansand practices and recycling programs

459.045 Rules459.046 Solid waste regulatory program; federal

approval459.047 Landfill assistance from department; solid

waste disposal site certificate for landfill;effect of issuance

459.049 Mandated landfills in certain counties;establishment by state

459.051 Procedural rules459.053 Powers of department regarding landfills459.055 Landfills in farm use areas; waste re-

duction programs459.057 Department to limit wastes allowed in

landfills in certain counties

LOCAL ADMINISTRATION459.065 State preemption; intergovernmental

agreements authorized459.075 Acquisition of property for disposal sites

by cities and counties459.085 County authority outside cities; effect of

annexation; interagency agreements459.095 Restrictions on authority of local govern-

ment units459.105 Regulations on use of disposal sites459.108 Civil penalty to enforce ordinance prohib-

iting action described in ORS 164.775,164.785 or 164.805

459.109 Effect of certain laws on cities and coun-ties

REGIONAL ADMINISTRATION459.112 Findings; fee for disposal of solid waste

generated outside region459.114 Out-of-region fee differential459.118 Study of transportation routes and modes

of transportation for transport of out-of-region solid waste

459.121 Legislative committee hearing on trans-portation study

MARION COUNTY AUTHORITY459.125 Authority of Marion County over products

or by-products of county disposal sites

459.135 Marion County authority over private fa-cility in county

459.145 Limits on Marion County authority459.153 Intent not to discourage recycling

DISPOSAL SITES459.205 Permit required459.215 Exclusion of certain sites from permit re-

quirement; rules459.225 Variances authorized459.235 Applications for permits; fees459.236 Additional permit fees for remedial action

or removal; amount; utilization; eligibilityof local governments

459.245 Issuance of permits; terms; refusal to re-new; disposal of liquid waste

459.247 Prohibition on disposal of certain solidwaste at disposal site

459.248 Cleanup of hazardous substance contam-inating ground water

459.250 Place for collecting source separated re-cyclable material required for disposal sitepermit

459.255 Suspension or revocation of permits459.265 Hearings; appeal459.268 Closure of land disposal site459.270 Renewal of permit prior to proposed clo-

sure of disposal site459.272 Evidence of financial assurance for land

disposal site459.273 Disposition of excess moneys and interest

received for financial assurance459.280 Definitions for ORS 459.284 and 459.290459.284 Use of disposal site fees459.290 Disposal site rehabilitation and enhance-

ment advisory committee459.305 Certification or demonstration that gov-

ernment unit has implemented opportu-nity to recycle; rules; fee

459.310 Surcharge on solid waste disposal; sur-charge use

459.311 Charge for remedial action or removal;amount; collection; allocation

459.315 Definitions for ORS 459.315 to 459.330459.320 Regional disposal site advisory committee;

membership; terms459.325 Duties of regional disposal site advisory

committee459.330 Notification of advisory committee by re-

gional disposal site permittee459.335 Use of fees collected by the metropolitan

service district459.340 Implementation of the solid waste re-

duction program by metropolitan servicedistrict

459.345 Metropolitan service district report tocommission

Title 36 Page 1 (2011 Edition)

PUBLIC HEALTH AND SAFETY

459.350 Commission review of metropolitan ser-vice district report

LIMITATION ON DISPOSAL OF CERTAINRADIOACTIVE MATERIALS

(Temporary provisions relating to federalderegulation of certain radioactive mate-rials are compiled as notes preceding ORS459.376)

ENFORCEMENT459.376 Action to enforce rules or orders459.385 Entry upon private premises authorized;

access to records

INFECTIOUS WASTE DISPOSAL459.386 Definitions for ORS 459.386 to 459.405459.387 Policy459.388 Restrictions on discarding, storing or

transporting infectious waste459.390 Procedures for segregation and contain-

ment of infectious waste; exemption459.395 Treatment of infectious wastes; rules459.398 Rules459.400 Exceptions459.405 Transport of infectious waste; certifica-

tion; records

HOUSEHOLD AND SMALL QUANTITYGENERATOR HAZARDOUS WASTE

459.411 Policy459.412 Definition for ORS 459.411 to 459.417459.413 Household hazardous waste depots; lo-

cation; promotion program459.415 Department approval for collection activ-

ity required; written proposal459.417 Statewide household hazardous waste

public education program459.418 Contract for statewide collection of

household hazardous waste

BATTERIES459.420 Permitted lead-acid battery disposal; dis-

posal by retailers459.422 Acceptance of used batteries by retailers

and wholesalers459.426 Notice to customers459.431 Definitions for ORS 459.431 to 459.437459.432 Policy

459.433 Limitation on sale or promotion ofalkaline manganese or zinc carbon bat-teries

459.435 Prohibition on sale or promotion of but-ton cell mercuric oxide batteries

459.437 Requirements for sale or promotion ofmercuric oxide batteries

WASTE TIRE DISPOSAL459.705 Definitions for ORS 459.705 to 459.790459.708 Waste tire generator; requirements459.710 Disposal in disposal site prohibited; ex-

ceptions; use in construction of reefs pro-hibited; exception

459.712 Transport without carrier permit prohib-ited; exceptions

459.715 Storage prohibited; exceptions459.720 Conditions for storage site permit459.725 Application for storage site operator or

carrier459.730 Information in application for storage site

permit; carrier permit; fees; bond459.735 Notification of permit application in

county of proposed disposal site459.740 Hearing on site permit application459.745 Department action on application; appeal459.750 Storage site and carrier permit fees459.755 Revocation of storage site or carrier per-

mit459.760 Monitoring and inspection of waste tire

carriers and storage site; access to siteand records

459.765 Department use of fees459.772 Use of processed, source-separated waste

tires for energy recovery459.775 Waste Tire Recycling Account; uses459.780 Tire removal or processing plan; financial

assistance; department abatement459.785 Rules459.790 Exceptions to ORS 459.705 to 459.785

MISCELLANEOUS459.900 Thermostats and motor vehicle switches

containing mercury; disposal; findings

PENALTIES459.992 Criminal penalties; license suspension and

revocation459.995 Civil penalties


SOLID WASTE MANAGEMENT 459.005

GENERAL PROVISIONS459.005 Definitions for ORS 459.005 to

459.437, 459.705 to 459.790 and 459A.005 to459A.665. As used in ORS 459.005 to 459.437,459.705 to 459.790 and 459A.005 to 459A.665:

(1) “Affected person” means a person orentity involved in the solid waste collectionservice process including but not limited toa recycling collection service, disposal sitepermittee or owner, city, county and metro-politan service district.

(2) “Board of county commissioners” or“board” includes a county court.

(3) “Collection service” means a servicethat provides for collection of solid waste orrecyclable material or both but does not in-clude that part of a business operated undera certificate issued under ORS 822.110.

(4) “Commercial” means stores, officesincluding manufacturing and industry offices,restaurants, warehouses, schools, colleges,universities, hospitals and other nonmanu-facturing entities, but does not include othermanufacturing activities or business, manu-facturing or processing activities in residen-tial dwellings.

(5) “Commission” means the Environ-mental Quality Commission.

(6) “Compost” means the controlled bi-ological decomposition of organic material orthe product resulting from such a process.

(7) “Department” means the Departmentof Environmental Quality.

(8)(a) “Disposal site” means land and fa-cilities used for the disposal, handling ortransfer of, or energy recovery, material re-covery and recycling from solid wastes, in-cluding but not limited to dumps, landfills,sludge lagoons, sludge treatment facilities,disposal sites for septic tank pumping orcesspool cleaning service, transfer stations,energy recovery facilities, incinerators forsolid waste delivered by the public or by acollection service, composting plants andland and facilities previously used for solidwaste disposal at a land disposal site.

(b) “Disposal site” does not include:(A) A facility authorized by a permit is-

sued under ORS 466.005 to 466.385 to store,treat or dispose of both hazardous waste andsolid waste;

(B) A facility subject to the permit re-quirements of ORS 468B.050 or 468B.053;

(C) A site used by the owner or personin control of the premises to dispose of soil,rock, concrete or other similar nondecom-posable material, unless the site is used bythe public either directly or through a col-lection service; or

(D) A site operated by a dismantler is-sued a certificate under ORS 822.110.

(9) “Energy recovery” means recovery inwhich all or a part of the solid waste mate-rials are processed to use the heat content,or other forms of energy, of or from the ma-terial.

(10) “Franchise” includes a franchise,certificate, contract or license issued by alocal government unit authorizing a personto provide solid waste management services.

(11) “Hazardous waste” has the meaninggiven that term in ORS 466.005.

(12) “Household hazardous waste” meansany discarded, useless or unwanted chemical,material, substance or product that is or maybe hazardous or toxic to the public or theenvironment and is commonly used in oraround households and is generated by thehousehold. “Household hazardous waste”may include but is not limited to somecleaners, solvents, pesticides and automotiveand paint products.

(13) “Land disposal site” means a disposalsite in which the method of disposing of solidwaste is by landfill, dump, pit, pond orlagoon.

(14) “Landfill” means a facility for thedisposal of solid waste involving the place-ment of solid waste on or beneath the landsurface.

(15) “Local government unit” means acity, county, metropolitan service districtformed under ORS chapter 268, sanitary dis-trict or sanitary authority formed under ORSchapter 450, county service district formedunder ORS chapter 451, regional air qualitycontrol authority formed under ORS468A.100 to 468A.130 and 468A.140 to468A.175 or any other local government unitresponsible for solid waste management.

(16) “Material recovery” means anyprocess of obtaining from solid waste, bypresegregation or otherwise, materials thatstill have useful physical or chemical prop-erties and can be reused or recycled for somepurpose.

(17) “Metropolitan service district”means a district organized under ORS chap-ter 268 and exercising solid waste authoritygranted to such district under this chapterand ORS chapters 268 and 459A.

(18) “Person” means the United States,the state or a public or private corporation,local government unit, public agency, indi-vidual, partnership, association, firm, trust,estate or any other legal entity.

(19) “Recyclable material” means anymaterial or group of materials that can becollected and sold for recycling at a net cost


459.007 PUBLIC HEALTH AND SAFETY

equal to or less than the cost of collectionand disposal of the same material.

(20) “Recycling” means any process bywhich solid waste materials are transformedinto new products in a manner that the ori-ginal products may lose their identity.

(21) “Region” means the states of Idaho,Oregon and Washington and those countiesin California and Nevada that share a com-mon border with Oregon.

(22) “Regional disposal site” means a dis-posal site that receives, or a proposed dis-posal site that is designed to receive morethan 75,000 tons of solid waste a year fromoutside the immediate service area in whichthe disposal site is located. As used in thissubsection, “immediate service area” meansthe county boundary of all counties except acounty that is within the boundary of themetropolitan service district. For a countywithin the metropolitan service district, “im-mediate service area” means the metropol-itan service district boundary.

(23) “Reuse” means the return of a com-modity into the economic stream for use inthe same kind of application as before with-out change in its identity.

(24) “Solid waste” means all useless ordiscarded putrescible and nonputrescible ma-terials, including but not limited to garbage,rubbish, refuse, ashes, paper and cardboard,sewage sludge, septic tank and cesspoolpumpings or other sludge, useless or dis-carded commercial, industrial, demolitionand construction materials, discarded orabandoned vehicles or parts thereof, dis-carded home and industrial appliances,manure, vegetable or animal solid and semi-solid materials, dead animals and infectiouswaste as defined in ORS 459.386. “Solidwaste” does not include:

(a) Hazardous waste as defined in ORS466.005.

(b) Materials used for fertilizer or forother productive purposes or which aresalvageable as such materials are used onland in agricultural operations and thegrowing or harvesting of crops and the rais-ing of animals.

(c) Woody biomass that is combusted asa fuel by a facility that has obtained a permitdescribed in ORS 468A.040.

(25) “Solid waste management” meansprevention or reduction of solid waste, man-agement of the storage, collection, transpor-tation, treatment, utilization, processing andfinal disposal of solid waste, recycling, reuseand material or energy recovery from solidwaste and facilities necessary or convenientto such activities.

(26) “Source separate” means that theperson who last uses recyclable materialseparates the recyclable material from solidwaste.

(27) “Transfer station” means a fixed ormobile facility other than a collection vehi-cle where solid waste is deposited temporar-ily after being removed from the site ofgeneration but before being transported to afinal disposal location.

(28) “Waste prevention” means to reducethe amount of solid waste generated or re-sources used, without increasing toxicity, inthe design, manufacture, purchase or use ofproducts or packaging. “Waste prevention”does not include reuse, recycling orcomposting.

(29) “Wasteshed” means an area of thestate having a common solid waste disposalsystem or designated by the commission asan appropriate area of the state within whichto develop a common recycling program.

(30) “Woody biomass” means materialfrom trees and woody plants, including limbs,tops, needles, leaves and other woody parts,grown in a forest, woodland, farm, rangelandor wildland-urban interface environment thatis the by-product of forest management,ecosystem restoration or hazardous fuel re-duction treatment.

(31) “Yard debris” includes grass clip-pings, leaves, hedge trimmings and similarvegetative waste generated from residentialproperty or landscaping activities, but doesnot include stumps or similar bulky woodmaterials. [1971 c.648 §2; 1973 c.811 §1; 1973 c.835 §135;1975 c.239 §1; 1977 c.867 §21; 1983 c.338 §931; 1983 c.729§14; 1983 c.766 §5; 1987 c.876 §17; 1989 c.763 §12; 1989c.833 §67; 1991 c.385 §6; 1991 c.765 §1; 1993 c.343 §1; 1993c.560 §2; 1997 c.286 §3; 1997 c.552 §1; 2003 c.14 §290; 2005c.654 §24; 2011 c.717 §1]

459.007 Applicability of ORS 459.005 towood residue. ORS 459.005 does not applyto wood residue that:

(1) Is a by-product of manufacturing woodproducts or processing wood at a facility thatmanufactures wood products, including asawmill, pulp mill or paper mill;

(2) Is not commingled with other typesof solid waste; and

(3)(a) Is combusted as a fuel by the gen-erator of the wood residue in a facility thathas obtained a permit described in ORS468A.040 and that is owned or operated bythat generator; or

(b) Is purchased from or exchanged bythe generator of the wood residue for fairmarket value and is combusted as a fuel ina facility that has obtained a permit de-scribed in ORS 468A.040. [2011 c.717 §3]



Note: 459.007 was added to and made a part ofORS chapter 459 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

459.010 [1967 c.428 §2; 1969 c.593 §42; repealed by1971 c.648 §33]

459.015 Policy. (1) The Legislative As-sembly finds and declares that:

(a) The planning, development and opera-tion of recycling programs is a matter ofstatewide concern.

(b) The opportunity to recycle should beprovided to every person in Oregon.

(c) There is a shortage of appropriatesites for landfills in Oregon.

(d) It is in the best interests of the peopleof Oregon to extend the useful life of solidwaste disposal sites by encouraging wasteprevention and the recycling and reuse ofmaterials, and by requiring solid waste toundergo volume reduction through recyclingand reuse measures to the maximum extentfeasible before disposal. Implementation ofwaste prevention and recycling and reusemeasures will not only increase the usefullife of solid waste disposal sites, but also de-crease the potential public health and safetyimpacts associated with the operation of dis-posal sites.

(e) There are limits to Oregon’s naturalresources and the capacity of the state’s en-vironment to absorb the impacts of increas-ing consumption of resources, increasingwaste generation and increasing solid wastedisposal.

(f) It is in the best interests of the peopleof Oregon to conserve resources and energyby developing an economy that encourageswaste prevention and recycling.

(g) The State of Oregon should make ita priority to support efforts that assist eachwasteshed in meeting its recovery goal so thestatewide recovery goal may be achieved.

(2) In the interest of the public health,safety and welfare and in order to conserveenergy and natural resources, it is the policyof the State of Oregon to establish a com-prehensive statewide program for solid wastemanagement which will:

(a) After consideration of technical andeconomic feasibility, establish priority inmethods of managing solid waste in Oregonas follows:

(A) First, to reduce the amount of solidwaste generated;

(B) Second, to reuse material for thepurpose for which it was originally intended;

(C) Third, to recycle material that cannotbe reused;

(D) Fourth, to compost material thatcannot be reused or recycled;

(E) Fifth, to recover energy from solidwaste that cannot be reused, recycled orcomposted so long as the energy recoveryfacility preserves the quality of air, waterand land resources; and

(F) Sixth, to dispose of solid waste thatcannot be reused, recycled, composted orfrom which energy cannot be recovered bylandfilling or other method approved by theDepartment of Environmental Quality.

(b) Clearly express the LegislativeAssembly’s previous delegation of authorityto cities and counties for collection servicefranchising and regulation and the extensionof that authority under the provisions of thissection and ORS 459.125 and 459A.005 to459A.085.

(c) Retain primary responsibility formanagement of adequate solid waste man-agement programs with cities, counties ormetropolitan service districts, reserving tothe state those functions necessary to ensureeffective programs, cooperation among cities,counties or metropolitan service districts andcoordination of solid waste management pro-grams throughout the state.

(d) Promote, encourage and develop mar-kets first for reusable material and then forrecyclable material.

(e) Promote research, surveys and dem-onstration projects to encourage material orenergy recovery.

(f) Promote research, surveys and dem-onstration projects to aid in developing moresanitary, efficient and economical methodsof solid waste management.

(g) Provide advisory technical assistanceand planning assistance to affected persons,in the planning, development and implemen-tation of solid waste management programs.

(h) Develop, in coordination with federal,state and local agencies and other affectedpersons, long-range plans including regionalapproaches to promote reuse, to provide landreclamation in sparsely populated areas, andin urban areas necessary disposal facilities.

(i) Provide for the adoption and enforce-ment of recycling rates and standards as wellas performance standards necessary for safe,economic and proper solid waste manage-ment.

(j) Provide authority for counties to es-tablish a coordinated program for solid wastemanagement, to regulate solid waste man-agement and to license or franchise the pro-viding of service in the field of solid wastemanagement.

(k) Encourage utilization of the capabili-ties and expertise of private industry.



(L) Promote means of preventing or re-ducing at the source, materials which other-wise would constitute solid waste.

(m) Promote application of material orenergy recovery systems which preserve andenhance the quality of air, water and landresources. [1971 c.648 §1; 1975 c.239 §2; 1983 c.729 §15;1989 c.541 §1; 1991 c.385 §7; 1993 c.560 §3; 1997 c.552 §2;2001 c.513 §1]

459.017 Relationship of state to localgovernments in solid waste management.(1) The Legislative Assembly finds and de-clares that:

(a) The planning, location, acquisition,development and operation of landfills is amatter of statewide concern.

(b) Local government units have the pri-mary responsibility for planning for solidwaste management.

(c) Where the solid waste managementplan of a local government unit has identi-fied a need for a landfill, the state has a re-sponsibility to assist local government andprivate persons in establishing such a site.

(2) It is the intent of the Legislative As-sembly that any action taken by the Envi-ronmental Quality Commission to establisha landfill under ORS 459.049 be recognizedas an extraordinary measure that should beexercised only in the closest cooperationwith local government units that have juris-diction over the area affected by the pro-posed establishment of a landfill. [1979 c.773§2; 1993 c.560 §4]

459.020 [1967 c.248 §1; repealed by 1971 c.648 §33]

STATE ADMINISTRATION

459.025 General powers and duties ofdepartment. Subject to policy direction bythe Environmental Quality Commission, theDepartment of Environmental Quality:

(1) Shall promote and coordinate re-search, studies and demonstration projectson improved methods and techniques in allphases of solid waste management.

(2) May apply to and receive funds fromthe federal government and from public andprivate agencies to carry out studies, re-search and demonstration projects in thefield of solid waste management.

(3) May enter into agreements with thefederal government, state agencies, localgovernment units and private persons tocarry out ORS 459.005 to 459.105, 459.112 to459.121 and 459.205 to 459.385. [1971 c.648 §4;1973 c.835 §136; 1993 c.560 §5]

459.030 [1967 c.428 §3; 1969 c.593 §43; repealed by1971 c.648 §33]

459.035 Assistance in development andimplementation of solid waste manage-ment plans and practices and recyclingprograms. Consistent with ORS 459.015(2)(c), the Department of EnvironmentalQuality shall provide to state agencies, localgovernment units and persons providing col-lection service, advisory technical and plan-ning assistance in development andimplementation of effective solid waste man-agement plans and practices, implementationof recycling programs under ORS 459.250,459A.005 to 459A.120 and 459A.600 to459A.620, and assistance in training of per-sonnel in solid waste management. The de-partment shall report to the LegislativeAssembly from time to time on further as-sistance that will be needed to develop, im-plement and administer effective solid wastemanagement programs or recycling pro-grams. The department shall assist in sur-veys to locate potential disposal sites. Thedepartment may request the assistance ofother state agencies. [1971 c.648 §3; 1983 c.729 §16;1993 c.560 §6]

459.040 [1967 c.428 §4; 1969 c.593 §44; repealed by1971 c.648 §33]

459.045 Rules. (1) The EnvironmentalQuality Commission shall adopt reasonableand necessary solid waste management rulesgoverning the:

(a) Accumulation, storage, collection,transportation and disposal of solid wastes toprevent vector production and sustenance,transmission of diseases to humans or ani-mals, air pollution, pollution of surface orground waters, and hazards to service ordisposal workers or to the public.

(b) Location of disposal sites, giving con-sideration to:

(A) The adaptability of each disposal siteto the population served, topography andgeology of the area and other characteristicsas they affect protection of ground and sur-face waters and air pollution;

(B) Minimum standards of design, man-agement and operation of disposal sites; and

(C) Salvage operations at disposal sites.(c) Construction, loading and operation

of vehicles used in performing collection ser-vice to prevent the contents of the vehiclesfrom dropping, sifting, leaking or escapingonto public highways.

(d) Definition of other “wastes” subjectto regulation under ORS 459.005 to 459.105,459.205 to 459.385 and 459.992 (1) and (2).

(e) Closure and post-closure maintenanceof 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 fi-nancial assurance under ORS 459.272; or

(b) Establish criteria that a land disposalsite must meet to be exempted from the re-quirement to provide financial assurance un-der ORS 459.272.

(3) The commission shall adopt rules onother subjects as necessary to carry out:

(a) ORS 459.005 to 459.105 and 459.205 to459.385.

(b) ORS 646.608 (1)(y). Rules adopted un-der this paragraph shall, to the greatest ex-tent practicable, be consistent with thelabeling requirements of other states.

(4) The commission shall adopt ruleswhich have modified or limited application indifferent geographic areas of the state whenspecial conditions prevail in specified ge-ographic areas. Special conditions that shallbe considered include, but are not limited to,climatic conditions, zone classification of thearea, population characteristics, methods andcosts of solid waste management, solid wastemanagement plans and other conditions inthe area. Modifications or limitations shallnot be unreasonable, arbitrary or inimical tothe policy and purposes of ORS 459.005 to459.105 and 459.205 to 459.385.

(5) All rules adopted under this sectionshall be adopted after public hearing and inaccordance with ORS chapter 183.

(6) Unless a rule adopted under this sec-tion is adopted pursuant to the authoritygranted by ORS 183.335 (5), the commissionshall mail copies of the proposed rules to allpersons who have requested such copies. Thecopies shall be mailed at least 30 days priorto the hearing required by subsection (5) ofthis 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]

459.046 Solid waste regulatory pro-gram; federal approval. The EnvironmentalQuality Commission and the Department ofEnvironmental Quality are authorized toperform or cause to be performed any actnecessary to gain partial and final approvalof a solid waste regulatory program underthe provisions of the Federal Resource Con-servation and Recovery Act of 1976, P.L.94-580 and the Hazardous and Solid WasteAmendments of 1984, P.L. 98-616 as amended,and federal regulations and interpretive andguidance documents issued pursuant to theResource Conservation and Recovery Act.[Formerly 459.209]

459.047 Landfill assistance from de-partment; solid waste disposal site certif-icate for landfill; effect of issuance. Uponrequest by a city or county responsible forimplementing a department approved solidwaste management plan which identifies a

need for a landfill, and subject to policy di-rection by the Environmental Quality Com-mission, the Department of EnvironmentalQuality shall:

(1) Assist the local government unit inthe establishment of the landfill includingassisting in planning, location, acquisition,development and operation of the site.

(2) Locate a site and issue a solid wastedisposal permit under ORS 459.205 to 459.385for a landfill within the boundaries of therequesting local government unit. Subject tothe conditions set forth in the permit, anypermit for a landfill authorized by the Envi-ronmental Quality Commission under thissubsection shall bind the state and all coun-ties and cities and political subdivisions inthis state as to the approval of the site andthe construction and operation of the pro-posed facility. Affected state agencies, coun-ties, cities and political subdivisions shallissue the appropriate permits, licenses andcertificates necessary to construction andoperation of the landfill, subject only to con-dition of the site certificate. Each state orlocal government agency that issues a per-mit, license or certificate shall continue toexercise enforcement authority over suchpermit, license or certificate. [1979 c.773 §3; 1993c.560 §8]

Note: Operation of the amendments to 459.047 bysection 10, chapter 516, Oregon Laws 2001, is dependentupon further approval by the Legislative Assembly. Seesection 11, chapter 516, Oregon Laws 2001. The text thatis operative after that approval is set forth for theuser’s convenience.

459.047. Upon request by a city or county respon-sible for implementing a department approved solidwaste management plan which identifies a need for alandfill, and subject to policy direction by the Environ-mental Quality Commission, the Department of Envi-ronmental Quality shall:

(1) Assist the local government unit in the estab-lishment of the landfill including assisting in planning,location, acquisition, development and operation of thesite.

(2) Locate a site and issue a solid waste disposalpermit under ORS 459.205 to 459.385 for a landfill withinthe boundaries of the requesting local government unit.Subject to the conditions set forth in the permit andexcept for permit decisions delegated by the federalgovernment to the Department of State Lands, any per-mit for a landfill authorized by the EnvironmentalQuality Commission under this subsection shall bind thestate and all counties and cities and political subdi-visions in this state as to the approval of the site andthe construction and operation of the proposed facility.Except for those statutes and rules for which compli-ance decisions have been delegated by the federal gov-ernment to the Department of State Lands, all affectedstate agencies, counties, cities and political subdivisionsshall issue the appropriate permits, licenses and certif-icates necessary to construction and operation of thelandfill, subject only to condition of the site certificate.Each state or local government agency that issues apermit, license or certificate shall continue to exerciseenforcement authority over such permit, license or cer-tificate.



459.049 Mandated landfills in certaincounties; establishment by state. (1) Uponits own motion or upon the recommendationof the Department of Environmental Quality,the Environmental Quality Commission maydetermine that a landfill within the countiesof Marion, Polk, Clackamas, Washington orMultnomah must be established in order toprotect the health, safety and welfare of theresidents of an area for which a local gov-ernment solid waste management plan hasidentified the need for a landfill. In makingits determination on the need for a landfillor, where applicable, on the location of alandfill, the commission shall give due con-sideration to:

(a) The legislative policy and findings ex-pressed in ORS 459.015, 459.017 and 459.065,and particularly the policy that action takenunder this section be exercised in cooper-ation with local government;

(b) The provisions of the solid wastemanagement plan or plans for the affectedarea;

(c) Applicable local government ordi-nances, rules, regulations and plans otherthan for solid waste management;

(d) The statewide land use planning goalsas defined in ORS 197.015;

(e) The need for a landfill;(f) The availability and capacity of alter-

native disposal sites or material or energyrecovery facilities;

(g) The time required to establish a land-fill;

(h) Information received from publiccomment and hearings; and

(i) Any other factors the commissionconsiders relevant.

(2) If the commission makes a determi-nation under subsection (1) of this sectionthat there is a need for a landfill within aplan area, the commission may issue an or-der directing the local government unit re-sponsible for implementing the plan toestablish a landfill within a specified periodof time. The order may specify a time sched-ule for the completion of the major elementsrequired to establish the site. A local gov-ernment unit directed to establish a landfillunder this section may request assistancefrom the department or request that the de-partment establish the disposal site as pro-vided in ORS 459.047.

(3) If the commission determines that theestablishment of a landfill ordered by thecommission under subsection (2) of this sec-tion is not being accomplished or that thecompletion of major elements has fallen be-hind the time schedule specified in the order,the commission may direct the department to

establish the landfill or complete the estab-lishment of the landfill undertaken by thelocal government unit. The commission maydirect the department to establish or com-plete the establishment of a landfill underthis section only if the commission findsthat:

(a) The action is consistent with thestatewide planning goals relating to solidwaste management adopted under ORS chap-ters 195, 196 and 197 and any applicable pro-visions of a comprehensive plan or plans; and

(b) The responsible local government unitis unable to establish the landfill ordered bythe commission under subsection (2) of thissection.

(4) If the commission directs the depart-ment to establish or complete the establish-ment of a landfill under subsection (3) of thissection, the department may establish thesite subject only to the approval of the com-mission and the provisions of the solid wastemanagement plan adopted for the area and inconsultation with all affected local govern-ment units. Notwithstanding any city, countyor other local government charter or ordi-nance to the contrary, the department mayestablish a landfill under this subsectionwithout obtaining any license, permit, fran-chise or other form of approval from a localgovernment unit. [1979 c.773 §4; 1983 c.827 §54; 1985c.565 §74; 1993 c.560 §9]

459.050 [1967 c.428 §5; 1969 c.593 §45; repealed by1971 c.648 §33]

459.051 Procedural rules. In accordancewith the requirements of ORS chapter 183and after public hearing, the EnvironmentalQuality Commission shall adopt rules:

(1) To establish a procedure for localgovernment units to request assistance fromthe Department of Environmental Quality inthe establishment of a landfill under ORS459.047, and to give notice of such requests.

(2) To establish a procedure for obtainingpublic comment on determinations of needfor a landfill made by the commission underORS 459.049.

(3) To provide for public hearings in thearea affected by a proposed landfill to be es-tablished by the department under ORS459.049. [1979 c.773 §5; 1993 c.560 §10]

459.053 Powers of department regard-ing landfills. Subject to policy direction bythe Environmental Quality Commission incarrying out ORS 459.017, 459.047 to 459.065,459.245 and 468.195 to 468.260, the Depart-ment of Environmental Quality may:

(1) By mutual agreement, return all orpart of the responsibility for development oroperation of the landfill to the local govern-ment unit within whose jurisdiction thelandfill is to be established, or contract with



the local government unit to establish thelandfill.

(2) To the extent necessary, acquire bypurchase, gift, grant or exercise of the powerof eminent domain, real and personal prop-erty or any interest therein, including theproperty of a public corporation or localgovernment unit.

(3) Lease and dispose of real or personalproperty.

(4) At reasonable times and after reason-able notice, enter upon land to perform nec-essary surveys or tests.

(5) Acquire, modify, expand or buildlandfills.

(6) Subject to any limitations in ORS468.195 to 468.260, use money from the Pol-lution Control Fund created in ORS 468.215for the purposes of carrying out ORS 459.047and 459.049.

(7) Enter into contracts or other agree-ments with any local government unit orprivate person for the purposes stated inORS 459.065 (1).

(8) Accept gifts, donations or contrib-utions from any source to carry out the pro-visions of ORS 459.047 and 459.049.

(9) Establish a system of fees or usercharges to fund the operation and mainte-nance of a department owned landfill and torepay department costs. [1979 c.773 §6; 1983 c.826§22; 1993 c.560 §11]

459.055 Landfills in farm use areas;waste reduction programs. (1) Before issu-ing a permit for a landfill established afterOctober 3, 1979, in any area zoned for exclu-sive farm use, the Department of Environ-mental Quality shall determine that the sitecan and will be reclaimed for uses permissi-ble in the exclusive farm use zone. A permitissued for a landfill in an exclusive farm usezone shall contain requirements that:

(a) Ensure rehabilitation of the site atthe termination of the use for solid wastedisposal to a condition comparable to its ori-ginal use;

(b) Protect the public health and safetyand the environment;

(c) Minimize the impact of the landfill onadjacent property;

(d) Minimize traffic; and(e) Minimize rodent and vector produc-

tion and sustenance.(2) Before issuing a permit for any dis-

posal site, including a landfill establishedunder ORS 459.047 or 459.049, the depart-ment shall require:

(a) Any person who sends more than75,000 tons of solid waste a year to the dis-

posal site to prepare a waste reduction pro-gram accepted by the department; and

(b) That any contract or agreement todispose of more than 75,000 tons of out-of-state solid waste a year in an Oregon dis-posal site established under ORS 459.047 or459.049 provides for a waste reduction pro-gram accepted by the department.

(3) A disposal site subject to the require-ments of subsection (2) of this section maynot accept solid waste from any person dis-posing of solid waste originating in any localgovernment unit that does not have a wastereduction program or a contract accepted bythe department. The department shall reviewthe local government programs and the con-tract programs in the manner provided insubsection (5) of this section. A waste re-duction program shall provide for:

(a) A commitment by the local govern-ment unit to reduce the volume of waste thatwould otherwise be disposed of in a landfillthrough techniques such as waste pre-vention, recycling, reuse, composting and en-ergy recovery;

(b) An opportunity to recycle that:(A) Includes a program for recycling that

achieves the applicable recovery rate in ORS459A.010 (6) for waste originating in Oregon,or as demonstrated by the disposal site oper-ator for waste originating outside Oregon,either a recovery rate equivalent to thatachieved in a comparable county in Oregonor a recycling program equivalent to the op-portunity to recycle in ORS 459A.005 (1)(a)and (2) and the program elements in ORS459A.010 (2) and (3); and

(B) For waste originating inside Oregon,meets or exceeds the requirements of ORS459.250 and 459A.005 to 459A.085;

(c) A timetable for implementing eachportion of the waste reduction program;

(d) Energy efficient, cost-effective ap-proaches for waste reduction;

(e) Procedures commensurate with thetype and volume of solid waste generated inthe area; and

(f) Legal, technical and economical feasi-bility.

(4) For each area outside the state fromwhich a disposal site receives solid waste,the disposal site shall have two years afterfirst accepting solid waste from the area todemonstrate how the area complies with therequirements of subsection (3) of this section.If, after two years the waste reduction pro-gram required under subsection (3) of thissection is not implemented, the Environ-mental Quality Commission may, by order,direct such implementation, or may prohibitthe disposal site from accepting waste from



the person responsible for preparing thewaste reduction program. The disposal siteoperator shall provide written notice to thedepartment prior to first accepting solidwaste from outside the state. The require-ments of this subsection shall apply only tocontracts entered into after September 9,1995.

(5) A waste reduction program preparedunder subsection (2) of this section shall bereviewed by the department and shall be ac-cepted by the department if it meets the cri-teria prescribed in subsection (3) of thissection.

(6) Notwithstanding ORS 459.245 (1), ifthe department fails to act on an applicationsubject to the requirements of this sectionwithin 60 days, the application shall not beconsidered granted.

(7) No contract or agreement for the dis-posal of solid waste made between an owneror operator of a disposal site and a personshall affect the authority of the commissionto establish or modify the requirements of anacceptable waste reduction program undersubsection (2) of this section.

(8) Notwithstanding any other provisionof law relating to solid waste disposal, if thestate of origin prohibits or restricts the dis-posal of any kind of solid waste within thestate of origin, such prohibition or re-striction also shall apply to the disposal ofsuch solid waste in Oregon. [1979 c.773 §8a; 1989c.541 §2; 1991 c.765 §8; 1993 c.560 §12; 1995 c.541 §1; 1997c.552 §3]

459.057 Department to limit wastesallowed in landfills in certain counties. (1)Before issuing a permit for a landfill to beestablished under ORS 459.047 or 459.049 orfor a disposal site established as a condi-tional use in an area zoned for exclusivefarm use within the boundaries of Clack-amas, Marion, Multnomah, Polk or Washing-ton County, the Department ofEnvironmental Quality shall require that, tothe extent legally, technically and econom-ically feasible only solid waste from transferstations or solid waste residues from mate-rial or energy recovery facilities will be de-posited in the disposal site. As used in thissection, “transfer station” means a site es-tablished for the collection and temporarystorage of solid waste pending shipment in acompact and orderly manner to a disposalsite.

(2) Nothing in this section shall be con-strued to prohibit the department from al-lowing other solid waste to be deposited inthe disposal site in order to protect the pub-lic health and safety or the waters of thisstate during a temporary emergency condi-tion. [1979 c.773 §86; 1993 c.560 §13]

459.060 [1967 c.428 §6; 1969 c.593 §46; repealed by1971 c.648 §33]

LOCAL ADMINISTRATION459.065 State preemption; intergov-

ernmental agreements authorized. (1) TheLegislative Assembly finds that solid wastedisposal is a matter of statewide concern.The Legislative Assembly finds that carryingout the provisions of ORS 459.005 to 459.105,459.205 to 459.385 and 459A.005 to 459A.085by local government units is a matter ofstatewide concern. In carrying out the pro-visions of ORS 459.005 to 459.105, 459.205 to459.385 and 459A.005 to 459A.085, a localgovernment unit may, as one of its author-ized functions, enter into any agreementwhich the local government unit determinesis desirable, for any period of time, with theDepartment of Environmental Quality, anylocal government unit or other person:

(a) For joint franchising of service or thefranchising or licensing of disposal sites.

(b) For joint preparation or implementa-tion of a solid waste management plan.

(c) For establishment of a joint solidwaste management system.

(d) For cooperative establishment, main-tenance, operation or use of joint disposalsites, including but not limited to energy andmaterial recovery facilities.

(e) For the employment of persons to op-erate a site owned or leased by the localgovernment unit.

(f) For promotion and development ofmarkets for energy and material recovery.

(g) For the establishment of landfills in-cluding site planning, location, acquisition,development and placing into operation.

(2) Authority granted by ORS 459.005 to459.105, 459.205 to 459.385 to a local govern-ment unit is specific and is in no way in-tended to restrict the general authoritygranted under ORS 190.010 to 190.030,190.110, 203.010 to 203.075, 203.111, 203.145 to203.810 and ORS chapters 268, 450 and 451and is in addition to and not in lieu of suchauthority. [1971 c.648 §14; 1973 c.835 §138; 1975 c.239§3; 1977 c.95 §6; 1979 c.773 §7; 1993 c.560 §14]

459.070 [1967 c.428 §7; 1969 c.593 §47; repealed by1971 c.648 §33]

459.075 Acquisition of property fordisposal sites by cities and counties. Sub-ject to the requirements of ORS 459.005 to459.105, 459.205 to 459.385, a county or a citymay acquire real or personal property bylease, purchase, exercise of the power of em-inent domain or otherwise for the purpose ofoperating and maintaining disposal sites.With the consent of the city involved, acounty may acquire property for a sitewithin the limits of a city. With the consent



of the county having jurisdiction, a city mayacquire property for a site outside the limitsof the city. [1971 c.648 §15]

459.080 [1967 c.428 §8; repealed by 1971 c.648 §33]

459.085 County authority outside cit-ies; effect of annexation; interagencyagreements. (1) With respect to areas out-side of cities, a board of county commission-ers may, by ordinance or by regulation ororder adopted pursuant to an ordinance orregulation:

(a) Prescribe the quality and characterof and rates for collection service, and theminimum requirements to guarantee mainte-nance of service.

(b) Divide the unincorporated area intoservice areas, grant franchises to persons forcollection service within service areas, andestablish and collect fees from persons hold-ing franchises.

(c) Prescribe a procedure for issuance,renewal or denial of a franchise to a personproviding or proposing to provide collectionservice.

(d) Establish an agency to be responsiblefor investigation or inspection of collectionservice proposed or provided under a fran-chise or proposed franchise, such agency tohave authority to order modifications, addi-tions or extensions to the physical equip-ment, facilities, plan or service as shall bereasonable and necessary in the public inter-est.

(e) Regulate solid waste management.(2) With respect to areas outside of cities,

a board of county commissioners may adoptordinances to provide for:

(a) The licensing of disposal sites as analternative to franchising of service.

(b) The regulation, licensing or franchis-ing of salvage businesses or the operation ofsalvage sites where such action is foundnecessary to implement any part of a solidwaste management plan applicable in thecounty. Such an ordinance shall grant thesame authority and prescribe the same pro-cedures as provided for other franchises orlicenses under this section.

(3)(a) When a city annexes all or a por-tion of a service area previously franchisedby a county, the city, county and affectedpersons or local government units providingcollection service shall attempt to reach anagreement to protect the extent and qualityof service in areas remaining outside thecity, to protect the quality of service withinthe city and to protect the rights of affectedpersons or local government units providingcollection service.

(b) A city and county may, with permis-sion of the city collector and the county

franchisee, provide by prior agreement thatan area, or portion of an area, annexed bythe city but previously franchised by thecounty shall continue to be served by thecounty franchisee for at least 10 years afterthe effective date of the annexation.

(c) A city with permission of the citycollector, or a city-regulated collector withpermission of the city, may provide by prioragreement that an area, or portion of anarea, annexed by the city but previouslyserved by a collector located in an unfran-chised area of the county shall continue tobe served by the county collector or shall betransferred to the city collector with com-pensation from the city collector to thecounty collector.

(d) Where no agreement has beenreached under paragraph (a), (b) or (c) of thissubsection, upon annexation of territory to acity the county-franchised collector maycontinue to serve the annexed area until:

(A) The county collector is compensatedby the city collector for the collection ser-vice in the annexed area, which compensa-tion shall be the sum of the fair marketvalue of the service at the time of the an-nexation and applicable severance damages;or

(B) The expiration of the longer of thecounty franchise term or the term of thecurrent city license, contract or franchiseregulating solid waste collection. However,the term shall not include any renewals orextensions made after the effective date ofthe annexation and the total term shall notexceed 10 years after the effective date of theannexation.

(e) Nothing in this subsection shall re-strict the right of a county to franchise, li-cense or regulate solid waste management orany portion thereof as otherwise provided insubsections (1) and (2) of this section. [1971c.648 §16; 1977 c.639 §1; 1993 c.357 §1; 1993 c.560 §15a]

459.095 Restrictions on authority oflocal government units. (1) No ordinance,order, regulation or contract affecting solidwaste management shall be adopted by a lo-cal government unit if such ordinance, order,regulation or contract conflicts with rulesadopted by the Environmental Quality Com-mission under ORS 459.045 or 459A.025 orwith a solid waste management plan or pro-gram adopted by a metropolitan service dis-trict and approved by the Department ofEnvironmental Quality or any ordinances orregulations adopted under such plan or pro-gram.

(2) Solid waste management regulationsadopted by a sanitary district or sanitaryauthority shall be limited to regulations sup-plemental to the rules adopted by the com-



mission under ORS 459.045 or 459A.025 andnecessary to meet special local conditions.[1971 c.648 §17; 1973 c.835 §139; 1977 c.95 §7; 1993 c.560§16]

459.105 Regulations on use of disposalsites. A local government unit may regulatethe use of each disposal site owned or oper-ated by the local government unit, governingthe volume or type of solid wastes that willbe received at the site and the particularclass of person that may use the site. [1971c.648 §18; 1993 c.560 §17]

459.108 Civil penalty to enforce ordi-nance prohibiting action described inORS 164.775, 164.785 or 164.805. (1) A cityor county may impose a civil penalty to en-force the requirements of an ordinance thatprohibits any action or conduct described inORS 164.775, 164.785 or 164.805.

(2) An ordinance described in subsection(1) of this section may establish a maximumor minimum amount for the civil penalty im-posed under the ordinance for each violation.The total amount of the civil penalty may beincreased to include all of the costs incurredby the city or county in removing the refuseor offensive substance unlawfully placed onproperty and in eliminating the effects ofsuch unlawful placement.

(3) A civil penalty imposed for violationof an ordinance prohibiting any action orconduct described in ORS 164.775, 164.785 or164.805 shall be an alternative to criminalenforcement of the ordinance. A city orcounty that commences and maintains a civilaction to collect such a civil penalty fromany person shall not cause a criminal prose-cution to be commenced or maintainedagainst that person for the same violation ofthe ordinance.

(4) When a city or county ordinance pro-hibits any action or conduct that is describedin ORS 164.775, 164.785 or 164.805, a namefound on various items in a deposit of rub-bish or other solid waste placed on land orin water in violation of the ordinance con-stitutes rebuttable evidence that the personwhose name appears on the items has vio-lated the ordinance. However, the rebuttablepresumption created by this subsection existsonly when a name on items denotes owner-ship of the items, such as the name of anaddressee on an envelope. [1991 c.653 §7]

Note: 459.108 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 459 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

459.109 Effect of certain laws on citiesand counties. Nothing in ORS 215.203,215.213, 215.283, 308A.056, 315.141, 315.144,469.320 and 469B.403:

(1) Supersedes any authority under ORSchapter 459 or 459A for cities and countiesto regulate the collection of solid waste; or

(2) Authorizes the collection of solidwaste within a city or county without per-mission of the city or county. [2007 c.739 §39]


459.110 [1969 c.509 §1; repealed by 1971 c.648 §33]459.111 [1991 c.653 §11; repealed by 1993 c.560 §107]

REGIONAL ADMINISTRATION459.112 Findings; fee for disposal of

solid waste generated outside region. (1)The Legislative Assembly finds:

(a) Solid waste management is a regionalconcern;

(b) Management of solid waste among thestates of Idaho, Oregon and Washington andthose counties in California and Nevada thatshare a common border with Oregon isinterconnected and decisions related to solidwaste management in one state can affectsolid waste management in the other twostates;

(c) It is appropriate that solid waste bemanaged on a regional basis; and

(d) It is not Oregon’s responsibility tomanage solid waste for states outside the re-gion.

(2) Therefore, the Legislative Assemblyfinds it is appropriate that Oregon impose afee for the disposal of solid waste in Oregonthat was generated outside the region in or-der to:

(a) Compensate Oregon for managingsolid waste for states outside the region; and

(b) Assure that the disposal of solidwaste in Oregon is not less expensive for astate outside the region than for the state todispose of the solid waste within the state.[1991 c.765 §3]

459.114 Out-of-region fee differential.When allowed by federal law, the LegislativeAssembly may assess an out-of-region fee dif-ferential that is consistent with the policyset forth in ORS 459.112. [1991 c.765 §4]

459.116 [1991 c.765 §5; 1993 c.560 §18; repealed by1997 c.807 §2]

459.118 Study of transportation routesand modes of transportation for trans-port of out-of-region solid waste. Beforeany disposal site operator enters into a newcontract to receive more than 75,000 tons peryear of solid waste from outside the region,the person proposing to transport the solidwaste to the disposal site shall conduct orhave conducted a study of the alternative



transportation routes and modes of transpor-tation that may be used to transport thesolid waste to the disposal site. The studyconducted under this section shall be madeavailable, upon request, to any person. [1991c.765 §6]

459.120 [1969 c.509 §2; 1971 c.648 §29; repealed by1981 c.81 §3]

459.121 Legislative committee hearingon transportation study. Upon completionof the study required under ORS 459.118, theappropriate legislative committee shall con-duct a hearing on the proposed contract andtransportation study to allow the public todiscuss the adequacy of the study and thebest transportation route and mode to beused to transport the solid waste under theproposed contract. [1991 c.765 §7]

MARION COUNTY AUTHORITY459.125 Authority of Marion County

over products or by-products of countydisposal sites. (1) Subject to ORS 459.145and the requirements of ORS 459.005 to459.437 and 459.705 to 459.790, the board ofcounty commissioners of Marion Countymay:

(a) Sell, enter into short or long-termcontracts, solicit bids, enter into direct ne-gotiations, deal with brokers or use othermethods of sale or disposal for the productsor by-products of the disposal sites of thecounty.

(b) Require any person or class of per-sons who generate solid waste to make useof the disposal, transfer or material or en-ergy recovery sites or facilities of the countyor disposal, transfer or material or energyrecovery sites or facilities designated by thecounty.

(c) Require any person or class of personswho pick up, collect or transport solid wasteto make use of the disposal, transfer or ma-terial or energy recovery sites or facilitiesof the county or disposal, transfer or mate-rial or energy recovery sites or facilitiesdesignated by the county.

(d) Regulate, license, franchise and cer-tify disposal, transfer and material or energyrecovery sites or facilities; establish, main-tain and amend rates charged by disposal,transfer and material or energy recoverysites or facilities; establish and collect li-cense or franchise fees; and otherwise con-trol and regulate the establishment andoperation of all public or private disposal,transfer and material or energy recoverysites or facilities located within the county.Licenses or franchises granted by the boardmay be exclusive.

(e) Cause solid wastes received and ac-cepted at the disposal sites of the county tobe processed, recycled or reused.

(2) Contracts and other agreements au-thorized under subsection (1) of this sectionmay be for terms not longer than 20 years.[1981 c.386 §2; 1993 c.560 §19]

459.130 [1969 c.509 §3; 1971 c.330 §1; 1971 c.648 §30;1979 c.190 §421; repealed by 1981 c.81 §3]

459.135 Marion County authority overprivate facility in county. Subject to ORS459.145 and the requirements of ORS 459.005to 459.437 and 459.705 to 459.790, a public orprivate disposal, transfer or material or en-ergy recovery site or facility shall not be es-tablished, modified or extended in MarionCounty without the prior approval of theboard of county commissioners. The boardmay deny an application for the establish-ment, modification or extension of a site orfacility if pursuant to its solid waste man-agement plan the county has either:

(1) Entered into contracts obligating thecounty to supply or direct minimum quanti-ties of solid wastes to sites or facilities des-ignated in the contract in order that thosesites or facilities will operate economicallyand generate sufficient revenues to liquidateany bonded or other indebtedness incurredby reason of those sites or facilities; or

(2) Adopted a franchise system for thedisposal of solid or liquid wastes. [1981 c.386§3; 1993 c.560 §20]

459.140 [1969 c.509 §4; 1975 c.239 §5; repealed by 1981c.81 §3]

459.145 Limits on Marion County au-thority. ORS 459.125 and 459.135 do not ap-ply to, or grant to Marion County anyauthority over:

(1) Material kept separate from wastematerial for the purpose of recycling or reuseby persons who generate solid waste andwhich is handled separately from waste ma-terial.

(2) Material or energy recovery involvingthe collection, storage, processing or use ofmaterials kept separate from waste materialfor the purpose of recycling or reuse by per-sons who generate solid waste. [1981 c.386 §4;1993 c.560 §21]

459.150 [1969 c.509 §5; 1975 c.239 §6; repealed by 1981c.81 §3]

459.153 Intent not to discourage recy-cling. It is not the intent of the LegislativeAssembly that Marion County, under ORS459.125 and 459.135, take any action thatwould hinder or discourage recycling activ-ities in the county. [1981 c.386 §5]

459.155 [1975 c.239 §8; 1979 c.772 §23; repealed by1981 c.81 §3]

459.160 [1969 c.509 §7; repealed by 1971 c.648 §33]



459.165 [1983 c.729 §2; 1991 c.385 §9; renumbered459A.005 in 1991]

459.168 [1983 c.729 §9; renumbered 459A.015 in 1991]459.170 [1983 c.729 §3; renumbered 459A.025 in 1991]459.175 [1983 c.729 §5; 1991 c.385 §10; renumbered

459A.045 in 1991]459.180 [1983 c.729 §6; 1991 c.385 §11; renumbered

459A.050 in 1991]459.185 [1983 c.729 §7; 1991 c.385 §12; renumbered

459A.055 in 1991]459.188 [1983 c.729 §8; renumbered 459A.065 in 1991]459.190 [1983 c.729 §11; 1991 c.385 §3; renumbered

459A.070 in 1991]459.192 [1983 c.729 §12; renumbered 459A.075 in 1991]459.195 [1983 c.729 §13; renumbered 459A.080 in 1991]459.200 [1983 c.729 §10; renumbered 459A.085 in 1991]

DISPOSAL SITES459.205 Permit required. (1) Except as

provided by ORS 459.215, a disposal site shallnot be established, operated, maintained orsubstantially altered, expanded or improved,and a change shall not be made in themethod or type of disposal at a disposal site,until the person owning or controlling thedisposal site obtains a permit therefor fromthe Department of Environmental Quality asprovided in ORS 459.235.

(2) The person who holds or last held thepermit issued under subsection (1) of thissection, or, if that person fails to comply,then the person owning or controlling a landdisposal site that is closed and no longer re-ceiving solid waste must continue or renewthe permit required under subsection (1) ofthis section after the site is closed for theduration of the period in which the depart-ment continues to actively supervise the site,even though solid waste is no longer receivedat the site. [1971 c.648 §6; 1983 c.766 §7; 1993 c.560§21a]

459.209 [1993 c.526 §4; renumbered 459.046 in 1995]459.210 [1969 c.90 §2; repealed by 1971 c.648 §33]

459.215 Exclusion of certain sites frompermit requirement; rules. (1) By rule andafter public hearing, the EnvironmentalQuality Commission may prescribe criteriaand conditions for excluding classes of dis-posal sites from the permit requirements ofORS 459.205. Disposal sites so excluded shallbe limited to those which, because of thenature or volume of solid waste handled, arenot likely to create a public nuisance, healthhazard, air or water pollution, or other seri-ous problem. Facilities operated under apermit issued under ORS 468B.050 or468B.053 are not required to obtain a permitfrom the Department of EnvironmentalQuality pursuant to ORS 459.205. However,exclusion from the permit requirements ofORS 459.205 does not relieve any personfrom compliance with other requirements ofORS 459.005 to 459.105 and 459.205 to 459.385

and the rules and regulations adopted pursu-ant thereto.

(2) By rule and after public hearing thecommission may establish classes of disposalsites that qualify for exclusion under thissection. [1971 c.648 §7; 1973 c.835 §140; 1993 c.560 §22;1997 c.286 §4]

459.220 [1969 c.90 §1; repealed by 1971 c.648 §33]

459.225 Variances authorized. (1) If theEnvironmental Quality Commission findsthat a disposal site cannot meet one or moreof the requirements of ORS 459.005 to459.105 and 459.205 to 459.385 or any rule orregulation adopted pursuant thereto, it mayissue a variance from such requirement ei-ther for a limited or unlimited time or it mayissue a permit containing a schedule of com-pliance specifying the time or times permit-ted to bring the disposal site into compliancewith such requirements, or it may do both.

(2) In carrying out the provisions of sub-section (1) of this section, the commissionmay grant specific variances from particularrequirements or may grant a permit to anapplicant or to a class of applicants or to aspecific disposal site, and specify conditionsit considers necessary to protect the publichealth.

(3) The commission shall grant a vari-ance only if:

(a) Conditions exist that are beyond thecontrol of the applicant.

(b) Special conditions exist that renderstrict compliance unreasonable, burdensomeor impractical.

(c) Strict compliance would result insubstantial curtailment or closing of a dis-posal site and no alternative facility or al-ternative method of solid waste managementis available.

(4) A variance may be revoked or modi-fied by the commission after a public hearingheld upon not less than 10 days’ notice.Such notice shall be served upon all personswho the commission knows will be subjectedto greater restrictions if such variance is re-voked or modified, or who are likely to beaffected or who have filed with the commis-sion a written request for such notification.

(5) In addition to the authority to issuea variance under subsections (1) to (4) of thissection, the commission may modify an ex-isting disposal site permit to specify the con-ditions under which the disposal site mayaccept and dispose of infectious waste. Thecommission also may require that an energyrecovery facility or solid waste incineratoraccept infectious waste generated in Oregonif the infectious waste has been containedand transported in accordance with ORS459.390 and 825.256, but only so long as thevolume of infectious waste generated outside



the county in which the facility orincinerator is located does not affect theability of the facility or incinerator to proc-ess or dispose of all waste generated withinthe county in which the facility orincinerator is located. As used in this sub-section, “infectious waste” has the meaninggiven that term in ORS 459.386.

(6) The establishment, operation, mainte-nance, expansion, alteration, improvement orother change of a disposal site in accordancewith a variance is not a violation of ORS459.005 to 459.105 and 459.205 to 459.385 orany rule or regulation adopted pursuantthereto. [1971 c.648 §8; 1973 c.835 §141; 1989 c.763 §13;1993 c.560 §23]

459.230 [1969 c.90 §3; repealed by 1971 c.648 §33]

459.235 Applications for permits; fees.(1) Applications for permits shall be on formsprescribed by the Department of Environ-mental Quality. An application shall containa description of the existing and proposedoperation and the existing and proposed fa-cilities at the site, with detailed plans andspecifications for any facilities to be con-structed. The application shall include a rec-ommendation by each local government unithaving jurisdiction and such other informa-tion the department deems necessary in or-der to determine whether the site and solidwaste disposal facilities located thereon andthe operation will comply with applicable re-quirements.

(2) The Environmental Quality Commis-sion shall establish a schedule of fees fordisposal site permits. The permit fees con-tained in the schedule shall be based on theanticipated cost of filing and investigatingthe application, of issuing or denying the re-quested permit and of an inspection programto determine compliance or noncompliancewith the permit.

(3) In addition to the fees imposed undersubsection (2) of this section, the commissionshall establish a schedule of permit fees forthe purpose of implementing this section andORS 90.318, 182.375, 279A.125, 279A.155,279B.025, 279B.240, 279B.270, 279B.280,459.005, 459.015, 459.247, 459.418, 459.995,459A.005, 459A.010, 459A.020, 459A.030 to459A.055, 459A.070, 459A.110, 459A.115,459A.475, 459A.480, 459A.500 to 459A.685,459A.695 and 459A.750. The fees shall bebased on the amount of solid waste receivedat the disposal site.

(4) Notwithstanding any other fee orsurcharge imposed under ORS 459.005 to459.437 or 459A.005 to 459A.120, for the dis-posal of solid waste, in order to encouragethe use of suitable material other than virginmaterial for daily cover at a disposal site, theonly fee that may be charged for the disposalof substitute material that is also used for

daily cover is the permit fee established un-der this section. [1971 c.648 §9; 1977 c.37 §1; 1983c.144 §1; 1987 c.876 §18; 1989 c.833 §154; 1991 c.331 §65;1991 c.385 §12a; 1993 c.343 §2; 1993 c.560 §§24,24a; 1995c.281 §1; 2003 c.794 §285]

459.236 Additional permit fees for re-medial action or removal; amount; utili-zation; eligibility of local governments. (1)In addition to the permit fees provided inORS 459.235, upon prior approval by the Or-egon Department of Administrative Servicesand a report to the Emergency Board priorto adopting the fees, on January 1 of eachyear there is imposed a fee on all:

(a) Disposal sites that receive domesticsolid waste except transfer stations; and

(b) Persons who transport solid waste outof the State of Oregon to a disposal site thatreceives domestic solid waste.

(2) The amount raised under subsection(1) of this section shall be up to $1 millionper year, based on the estimated tonnage orthe actual tonnage, if known, received at thesite or transported out of state for disposaland any other similar or related factors theEnvironmental Quality Commission finds ap-propriate. Such fees shall be within the bud-get authorized by the Legislative Assemblyas that budget may be modified by theEmergency Board.

(3) For solid waste generated within theboundaries of a metropolitan service district,the fee imposed under subsection (1) of thissection, but not the permit fees provided inORS 459.235 (3), shall be levied on the dis-trict, not the disposal site.

(4) Before transporting or arranging fortransport of solid waste out of the State ofOregon to a disposal site that receives do-mestic solid waste, a person shall notify theDepartment of Environmental Quality inwriting.

(5)(a) A local government unit that fran-chises or licenses a domestic solid waste siteshall allow the disposal site to pass throughthe amount of the fees established by thecommission in subsection (1) of this sectionto the users of the site.

(b) If a disposal site that receives domes-tic solid waste passes through all or a por-tion of the fees established by thecommission in subsection (1) of this sectionto a solid waste collector who uses the site,a local government unit that franchises orlicenses the collection of solid waste shallallow the franchisee or licensee to includethe amount of the fee in the collection ser-vice rate.

(6) Except as provided in subsection (7)of this section, moneys collected under thissection shall be deposited in the Orphan SiteAccount created under ORS 465.381 to be



used to pay the costs of removal or remedialaction of hazardous substances, in excess ofthe maximum amount collected under ORS459.311 at:

(a) Solid waste disposal sites owned oroperated by a local government unit; or

(b) Privately owned or operated solidwaste disposal sites that receive or receiveddomestic solid waste for which the depart-ment determines the responsible party is un-known, unwilling or unable to undertake anyportion or phase of a removal or remedialaction.

(7) The moneys collected under this sec-tion, or proceeds of any bond sale under ORS468.195 for which moneys collected underthis section are pledged for repayment shallbe made available to a local government unitto pay removal or remedial action costs at asite if:

(a) The local government unit is respon-sible for conducting removal or remedial ac-tion under ORS 465.260; and

(b) The local government unit repays anymoneys equal to the amount that may beraised by the charge imposed under ORS459.311 and interest on such moneys, in ac-cordance with an agreement between the lo-cal government unit and the department. Alocal government unit is not required to re-pay the first $100,000 the local governmentunit expends on removal or remedial action.

(8) As used in this section:(a) “Domestic solid waste” has the mean-

ing given that term in ORS 459A.100.(b) “Person” does not include an individ-

ual who transports the individual’s own resi-dential solid waste to a disposal site locatedout of the state.

(c) “Removal” and “remedial action”have the meaning given those terms in ORS465.200. [1989 c.833 §138; 1991 c.703 §43; 1993 c.528 §1;1993 c.560 §25]

Note: 459.236 was added to and made a part ofORS 459.005 to 459.426 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

459.240 [1969 c.90 §4; repealed by 1971 c.648 §33]

459.245 Issuance of permits; terms;refusal to renew; disposal of liquid waste.(1) If the disposal site meets the require-ments of ORS 459.005 to 459.105 and 459.205to 459.385 and rules of the EnvironmentalQuality Commission adopted pursuantthereto, the Department of EnvironmentalQuality shall issue the permit. Every com-pleted application shall be approved or dis-approved within 60 days after its receipt bythe department. Except as provided in ORS459.055 or for a permit issued under theprocess set forth in ORS 517.952 to 517.989,

if the department fails to act within the timeallowed, the application shall be consideredapproved unless an extension of time isgranted by the commission on a showing ofgood cause by the department.

(2) Disposal site permits shall be issuedfor a period not to exceed 10 years, to bedetermined by the department and specifiedin the permit.

(3) Subject to the provisions of ORSchapter 183, the department may refuse torenew a permit unless the disposal site meetsthe requirements of subsection (1) of thissection.

(4) The department may, consistent withapplicable federal law, authorize in a disposalsite permit the addition at a disposal site ofliquid waste or water in a controlled fashionto enhance the decomposition of solid wasteif the disposal site otherwise meets the re-quirements of ORS 459.005 to 459.105 and459.205 to 459.385 and rules of the commis-sion adopted pursuant thereto. For purposesof this subsection, “liquid waste” means anywaste that, by using a paint filter liquids testmethod adopted by the commission, is deter-mined to contain free liquids. [1971 c.648 §10;1973 c.835 §142; 1979 c.773 §8; 1991 c.735 §26; 1993 c.560§26; 2003 c.649 §2]

459.247 Prohibition on disposal of cer-tain solid waste at disposal site. (1) Noperson shall dispose of and no disposal siteoperator shall knowingly accept for disposalthe following types of solid waste at a solidwaste disposal site:

(a) Discarded or abandoned vehicles;(b) Discarded large home or industrial

appliances;(c) Used oil;(d) Tires;(e) Lead-acid batteries; or(f) Covered electronic devices.(2) As used in this section:(a) “Covered electronic device” has the

meaning given that term in ORS 459A.305;and

(b) “Used oil” has the meaning given thatterm in ORS 459A.555.

(3) Nothing in this section shall prohibita disposal site operator from accepting andstoring, for purposes of recycling or recover-ing, any of the types of solid waste listed insubsection (1) of this section.

(4) The Environmental Quality Commis-sion may postpone the prohibition undersubsection (1)(f) of this section in any areaof this state where the commission deter-mines there is an inadequate system for thecollection, transportation and recycling ofcovered electronic devices.



(5)(a) Each disposal site operator shallestablish and implement, in accordance withany permit requirements established by theDepartment of Environmental Quality, aprogram reasonably designed to prevent ac-ceptance of covered electronic devices fordisposal. If an operator operates the disposalsite in conformity with the program, the op-erator is presumed to have complied with theprovisions of this section that prohibitknowingly accepting covered electronic de-vices for disposal.

(b) This section does not prevent the dis-posal site operator from accepting and stor-ing, for purposes of recycling, reusing orrefurbishing, covered electronic devices. [1991c.385 §39; 2007 c.302 §15]

Note: The amendments to 459.247 by section 10,chapter 548, Oregon Laws 2011, become operative Janu-ary 1, 2015. See section 11, chapter 548, Oregon Laws2011. The text that is operative on and after January1, 2015, is set forth for the user’s convenience.

459.247. (1) No person shall dispose of and no dis-posal site operator shall knowingly accept for disposalthe following types of solid waste at a solid waste dis-posal site:

(a) Discarded or abandoned vehicles;(b) Discarded large home or industrial appliances;(c) Used oil;(d) Tires;(e) Lead-acid batteries; or(f) Covered electronic devices.(2) As used in this section:(a) “Covered electronic device” has the meaning

given that term in ORS 459A.305, except that “coveredelectronic device” does not include a computer periph-eral or a printer as those items are defined in ORS459A.305; and

(b) “Used oil” has the meaning given that term inORS 459A.555.

(3) Nothing in this section shall prohibit a disposalsite operator from accepting and storing, for purposesof recycling or recovering, any of the types of solidwaste listed in subsection (1) of this section.

(4) The Environmental Quality Commission maypostpone the prohibition under subsection (1)(f) of thissection in any area of this state where the commissiondetermines there is an inadequate system for the col-lection, transportation and recycling of covered elec-tronic devices.

(5)(a) Each disposal site operator shall establishand implement, in accordance with any permit require-ments established by the Department of EnvironmentalQuality, a program reasonably designed to prevent ac-ceptance of covered electronic devices for disposal. Ifan operator operates the disposal site in conformitywith the program, the operator is presumed to havecomplied with the provisions of this section that pro-hibit knowingly accepting covered electronic devices fordisposal.

(b) This section does not prevent the disposal siteoperator from accepting and storing, for purposes ofrecycling, reusing or refurbishing, covered electronicdevices.

459.248 Cleanup of hazardous sub-stance contaminating ground water. Inaddition to any other authority granted bylaw, if the Department of Environmental

Quality finds that ground water is contam-inated with a hazardous substance originat-ing at a land disposal site, the departmentmay require cleanup of the hazardous sub-stance pursuant to authority under ORS465.200 to 465.545. As used in this section,“hazardous substance” has the meaninggiven that term in ORS 465.200. [1993 c.526 §3]

459.250 Place for collecting sourceseparated recyclable material requiredfor disposal site permit. (1) The Depart-ment of Environmental Quality shall requireas a condition to issuing or renewing a dis-posal site permit under ORS 459.245 that aplace for collecting source separated recy-clable material located either at the disposalsite or at another location more convenientto the population served by the disposal siteis provided for every person whose solidwaste enters the disposal site.

(2) The department may modify the re-quirements of this section if the departmentfinds that the opportunity to recycle is beingprovided through an acceptable alternativemethod. [1983 c.729 §4; 1993 c.560 §28]

459.255 Suspension or revocation ofpermits. (1) A permit may be suspended orrevoked at any time if the Department ofEnvironmental Quality determines that thedisposal site or the solid waste managementfacilities located on the disposal site are be-ing operated in violation of ORS 459.005 to459.105 and 459.205 to 459.385 or rules of theEnvironmental Quality Commission adoptedpursuant thereto.

(2) The procedures for denial, suspension,modification of a condition or variance, re-vocation or refusal to renew a permit shallbe those specified for a contested case inORS chapter 183. [1971 c.648 §11; 1973 c.835 §143;1993 c.560 §29]

459.265 Hearings; appeal. (1) The Envi-ronmental Quality Commission may on itsown motion or upon the request of the De-partment of Environmental Quality, andshall upon application of any person entitledto appeal, fix a time and place for a publichearing on any action of the department orcommission ordering, or approving action re-sulting in, the closure or curtailment of useof a disposal site.

(2) In making its determination upon ap-peal from the action of a local governmentunit or the department, which action wouldresult in the closure or curtailment of theuse of a disposal site, the commission shallconsider and make findings with respect to:

(a) The nature and magnitude of theproblems created by the site or its operation.

(b) The applicable solid waste manage-ment plan.



(c) The existence or threat of air or wa-ter pollution.

(d) The need for the particular disposalsite and alternative methods of disposal oralternate disposal sites.

(e) The costs, funds available to meet thecosts and the minimum time required for achange in disposal method or disposal site.

(3) In making its determination undersubsection (2) of this section with respect toa disposal site owned or operated by a localgovernment unit, and prior to ordering clo-sure or curtailment of use of the site, thecommission shall make a finding as towhether there is an alternative method ofdisposal or an alternate disposal site. [1971c.648 §12; 1973 c.835 §144; 1993 c.560 §30]

459.268 Closure of land disposal site.When solid waste is no longer received at aland disposal site, the person who holds orlast held the permit issued under ORS459.205 or, if the person who holds or lastheld the permit fails to comply with thissection, the person owning or controlling theproperty on which the disposal site is lo-cated, shall close and maintain the site ac-cording to the requirements of this chapter,any applicable rule adopted by the Environ-mental Quality Commission under ORS459.045 and any requirement imposed by theDepartment of Environmental Quality as acondition to renewing or issuing a disposalsite permit. [1983 c.766 §2; 1993 c.560 §31]

459.270 Renewal of permit prior toproposed closure of disposal site. (1) Atleast five years before the proposed closureof a land disposal site, the person holding thedisposal site permit shall apply to renew thepermit.

(a) A permit renewed under this subsec-tion shall be issued for the period includingthe remaining time of operation of the dis-posal site, closure of the site and all or partof the post-closure period established by theDepartment of Environmental Quality duringwhich active supervision of the land disposalsite is necessary.

(b) Application for the renewal of a per-mit under this subsection shall not preventthe disposal site permittee from applying foran extension of the useful life of the landdisposal site for receiving solid waste.

(2) Unless the department finds a need toprotect against a significant hazard or riskto the public health, safety or environment,the department shall terminate any permitfor and active supervision of a land disposalsite 30 years after the site is closed.

(3) Any time after a land disposal site isclosed according to the requirements of thissection, the permit holder may apply for a

termination of the permit, a release from oneor more of the permit requirements or ter-mination of any applicable permit fee. Be-fore the department grants a termination orrelease under this section, the departmentmust find that there is no longer a need for:

(a) Active supervision of the site;(b) Maintenance of the site; or(c) Maintenance or operation of any sys-

tem or facility on the site. [1983 c.766 §3; 1993c.526 §7]

459.272 Evidence of financial assur-ance for land disposal site. (1) Unless ex-empted under rules adopted by theEnvironmental Quality Commission underORS 459.045, an owner or operator of a landdisposal site shall maintain cost estimates ofthe amount of financial assurance that isnecessary and demonstrate evidence of fi-nancial assurance for:

(a) The costs of closure of the land dis-posal site and for post-closure maintenanceof the land disposal site; and

(b) Any corrective action required to betaken at the land disposal site.

(2) The financial assurance requirementsestablished by subsection (1) of this sectionmay be satisfied by insurance, the establish-ment of a trust fund, surety bond, letter ofcredit or qualification as a self-insurer orany combination of these methods or anyother method approved by the Director of theDepartment of Environmental Quality. Inadopting rules under ORS 459.045 to imple-ment subsection (1) of this section, the Envi-ronmental Quality Commission may specifypolicy or other contractual terms, conditionsor defenses necessary to establish evidenceof financial assurance.

(3) The owner or operator of a land dis-posal site shall annually review and updatethe financial assurance for closure, post-closure and corrective action required underthis section and cost estimates of the amountof financial assurance necessary.

(4) The owner or operator of a land dis-posal site shall provide the evidence of fi-nancial assurance required under thissection for closure and post-closure at thetime a disposal site permit is issued underORS 459.245. If the land disposal site is op-erating under an existing permit on Novem-ber 4, 1993, the owner or operator shallprovide the evidence of financial assuranceon or before April 9, 1994, or a later dateestablished by rule by the EnvironmentalQuality Commission.

(5) When financial assurance is requiredfor corrective action at a land disposal siteunder subsection (1) of this section, theowner or operator shall provide evidence of



financial assurance before beginning correc-tive action. [1993 c.526 §2]

459.273 Disposition of excess moneysand interest received for financial assur-ance. An applicant required to provide fi-nancial assurance under ORS 459.272 shallestablish provisions satisfactory to the De-partment of Environmental Quality for dis-posing of any excess moneys received orinterest earned on moneys received for fi-nancial assurance. To the extent practicable,the applicant’s provisions for disposing of theexcess moneys received or interest earned onmoneys shall provide for:

(1) A reduction of the rates a personwithin the area served by the land disposalsite is charged for collection service; or

(2) Enhancing present or future disposalsites within the area from which the excessmoneys were received. [1983 c.766 §4; 1993 c.526§8; 1993 c.560 §33]

459.275 [1971 c.648 §13; repealed by 1973 c.826 §3(459.276 enacted in lieu of 459.275); 1973 c.835 §145; see459.277]

459.276 [1973 c.826 §4 (enacted in lieu of 459.275);renumbered 459.376 in 1987]

459.277 [Formerly 459.275; repealed by 1974 c.36 §28]

459.280 Definitions for ORS 459.284and 459.290. As used in ORS 459.284 and459.290, “disposal site” has the meaninggiven that term in ORS 459.005, but does notinclude:

(1) A material recovery, recycling or re-use facility; or

(2) A regional disposal site as defined inORS 459.005. [1987 c.876 §4; 1993 c.560 §34]

459.284 Use of disposal site fees. Eachlocal government unit that has a disposalsite operating under the provisions of ORS459.005 to 459.437 and 459.710 and for whichthe local government unit collects a fee mayapportion an amount of the service or usercharges collected for solid waste disposal ateach publicly owned, franchised or privatelyowned solid waste disposal site within or forthe local government unit and dedicate anduse the moneys obtained for rehabilitationand enhancement of the area around the dis-posal site from which the fees have beencollected. That portion of the service anduser charges set aside by the local govern-ment unit for the purposes of this sectionshall be not more than $1 for each ton ofsolid waste. If any local government unit ap-portions moneys under this section, anotherlocal government unit may not also appor-tion moneys under this section for the samedisposal site. [1987 c.876 §2; 1989 c.763 §15; 1993 c.560§35]

459.285 [1971 c.648 §19; 1973 c.835 §146; 1981 c.81 §1;1981 c.709 §3; renumbered 459.385 in 1987]

459.290 Disposal site rehabilitationand enhancement advisory committee.Each local government unit that apportionsmoney under ORS 459.284 shall establish acitizens advisory committee to select plans,programs and projects for the rehabilitationand enhancement of the area around disposalsites for which the local government unit hasapportioned moneys under ORS 459.284. Ifany local government unit establishes a citi-zens advisory committee under this section,another local government unit may not alsoestablish a local citizens advisory committeeunder this section for the same disposal site.[1987 c.876 §3; 1989 c.763 §16]

459.292 [1989 c.833 §150; renumbered 459A.100 in1991]

459.293 [1989 c.833 §151; renumbered 459A.105 in1991]

459.294 [1989 c.833 §152; 1991 c.385 §13; 1991 c.385§91; renumbered 459A.110 in 1991]

459.295 [1989 c.833 §153; renumbered 459A.120 in1991]

459.297 [1989 c.833 §155; 1993 c.560 §36; repealed by1995 c.576 §6]

459.298 [1989 c.833 §156; 1995 c.79 §273; repealed by1995 c.576 §6]

459.300 [1987 c.876 §5; repealed by 1993 c.560 §107]

459.305 Certification or demonstrationthat government unit has implementedopportunity to recycle; rules; fee. (1) Ex-cept as otherwise provided by rules adoptedby the Environmental Quality Commissionunder subsection (4) of this section, a dis-posal site may not accept solid waste gener-ated outside the county in which the disposalsite is located unless the Department of En-vironmental Quality certifies or, for wastethat originates outside Oregon in an amountexceeding 75,000 tons annually from a singlesource generator or wasteshed, the disposalsite operator demonstrates to the depart-ment, that the person responsible for solidwaste management in the area from whichthe solid waste originates has implementedan opportunity to recycle that:

(a) Includes a program for recycling thatachieves the applicable recovery rate in ORS459A.010 (6) for waste originating in Oregon,or for waste originating outside Oregon, ei-ther a recovery rate equivalent to thatachieved in a comparable county in Oregonor a recycling program equivalent to the op-portunity to recycle in ORS 459A.005 (1)(a)and (2) and the program elements in ORS459A.010 (2) and (3); and

(b) For waste originating inside Oregon,meets the requirements of ORS 459.250 and459A.005 to 459A.085.

(2) The Environmental Quality Commis-sion shall adopt rules to establish a programfor certification of recycling programs estab-lished by a person in order to comply with



the requirement of subsection (1) of this sec-tion. No contract or agreement for the dis-posal of solid waste made between an owneror operator of a disposal site and a personshall affect the authority of the commissionto establish or modify the requirements es-tablished under subsection (1) of this section.

(3) For each area outside the state fromwhich a disposal site receives solid waste,the disposal site shall have two years afterfirst accepting solid waste from the area todemonstrate how the area complies with therequirements of subsection (1) of this section.The disposal site operator shall provide writ-ten notice to the Department of Environ-mental Quality prior to first accepting solidwaste from outside the state. The require-ments of this subsection shall apply only tocontracts entered into after September 9,1995.

(4) The commission shall establish byrule the amount of solid waste that may beaccepted from outside the county in whichthe disposal site is located before the personmust comply with the requirements set forthin subsection (1) of this section.

(5) Subject to prior approval of the Ore-gon Department of Administrative Servicesand a report to the Emergency Board priorto adopting the fee, and within the budgetauthorized by the Legislative Assembly asthat budget may be modified by the Emer-gency Board, the Department of Environ-mental Quality may establish a certificationfee in accordance with ORS 468.065. The feesshall not exceed the cost of the program.

(6) The certification requirement undersubsection (1) of this section shall not applyto a person implementing a waste reductionprogram under ORS 459.055.

(7) Notwithstanding any other provisionof law relating to solid waste disposal, if thelaws of the state of origin prohibit or restrictthe disposal of any kind of solid waste withinthe state of origin, such prohibition or re-striction shall also apply to the disposal ofsuch solid waste in Oregon. [1987 c.876 §6; 1989c.541 §3; 1991 c.703 §8; 1991 c.765 §9; 1993 c.560 §38; 1995c.541 §2; 1997 c.807 §1; 2003 c.14 §291]

459.310 Surcharge on solid waste dis-posal; surcharge use. (1) Each board ofcounty commissioners of a county in whicha regional disposal site is operating underprovisions of ORS 459.005 to 459.437 mayimpose a surcharge on the solid waste re-ceived at the regional disposal site. Thecounty may negotiate with the owner or op-erator of the regional disposal site to estab-lish the amount of the surcharge imposedunder this subsection. If the regional disposalsite is publicly owned, the board of countycommissioners shall give priority in expend-ing the moneys to mitigation of adverse im-

pacts on the area in and around the regionaldisposal site and related transfer stations lo-cated in the county including but not limitedto rehabilitation and enhancement of thearea, development of alternate water sys-tems, road construction and maintenance andmitigation of adverse effects on wildlife andthe environment, if provisions to mitigatesuch adverse impacts are not assured bypermit conditions or bond requirements.

(2) If the parties negotiating a surchargeunder subsection (1) of this section do notreach an agreement within 90 days after theDepartment of Environmental Quality re-ceives an application under ORS 459.235 fora permit for the regional disposal site, theboard of county commissioners shall unilat-erally impose the following surcharge:(a) For the first 2,000

tons per day............................. $ 0.75/ton(b) For each ton between

2,000 to 4,000 tonsper day ...................................... $ 1.00/ton

(c) For each ton above4,000 tons per day .................. $ 1.25/ton

(3) If a board of county commissionersimposes the surcharge under subsection (2)of this section:

(a) The surcharge shall be adjusted an-nually in accordance with the Portland Con-sumer Price Index;

(b) Up to 10 percent of the surchargeshall go into a transition fund to be used bythe county after the regional disposal site isclosed for the purpose of minimizing the dis-location resulting from the loss of revenuefrom closure of the site; and

(c) Of that portion of the surcharge notplaced into a transition fund under para-graph (b) of this subsection, priority shall begiven in expending the moneys to mitigationof adverse impacts on the area in and aroundthe regional disposal site and related transferstations located in the county including butnot limited to rehabilitation and enhance-ment of the area, development of alternatewater systems, road construction and main-tenance and mitigation of adverse effects onwildlife and the environment, if provisions tomitigate such adverse impacts are not as-sured by permit conditions or bond require-ments. [1987 c.876 §7; 1993 c.560 §39]

459.311 Charge for remedial action orremoval; amount; collection; allocation.A local government unit responsible for con-ducting a remedial action or removal or re-lated activities under ORS 465.260 at a solidwaste disposal site, or a local governmentunit that contributed solid waste to a solidwaste disposal site for which the local gov-ernment is liable under ORS 465.255 or otherapplicable law, shall impose a charge to beadded to all billings for collection services



rendered within the boundaries of that localgovernment unit unless the local governmentunit provides an equivalent amount of fund-ing through another source. A charge im-posed under this section shall be subject tothe following requirements:

(1) The charge shall be:(a) An amount equal to a maximum

amount of $12 per capita per year and $60per capita per local government unit;

(b) Collected for each volumetric orweight unit of solid waste collected;

(c) Imposed equitably on all persons whodispose of solid waste; and

(d) For a local government unit imposingand collecting a charge on behalf of anotherlocal government unit responsible for reme-dial action or related activities at a disposalsite, an amount that, as a proportion of thetotal cost, equals the proportion of solidwaste the local government unit contributedto such disposal site.

(2) The charge shall be collected on be-half of the local government unit by solidwaste collectors who are subject to franchis-ing, licensing or permitting requirementsadopted by the local government unit. Not-withstanding any restriction on rates con-tained in a franchise or other localregulations, a solid waste collector may addthe charge to bills for solid waste collection.The local government unit may enter into anintergovernmental agreement with any otherlocal government unit to provide for imposi-tion and collection of the charge on behalfof the local government unit.

(3) The solid waste collector shall remitthe proceeds of the charge to the local gov-ernment unit according to proceduresadopted by the local government unit by or-dinance. However, solid waste collectorsshall not be responsible for covering anyshortage caused by failure of a customer topay charges for solid waste collection.

(4) A local government unit imposing acharge under this subsection may requiresolid waste collectors to submit reports orother documentation necessary to establishcompliance with the requirements of thissection or the ordinance adopted by the localgovernment unit. All information containedin such reports relating to the number ofaccounts served by the solid waste collectoror the revenue produced from such accountsshall be exempt from public disclosure.

(5) A solid waste collector required tocollect charges under this section may retainfive percent of the charge in order to defraythe costs of collecting and accounting for theproceeds of the charge.

(6) If a person disposes of solid waste ata disposal site within the boundaries of a lo-cal government unit imposing a charge underthis section without using the services of asolid waste collector, the person shall paythe charge established by this section at thetime the person disposes of solid waste at thedisposal site. That portion of the charge at-tributable to administrative costs as providedin subsection (5) of this section shall be re-tained by the operator of the solid wastedisposal site. The operator of the solid wastedisposal site shall remit the balance of thecharge according to procedures establishedby ordinance by the local government unitimposing the charge.

(7) Except for the amount allocated todefray the administrative expenses of a solidwaste collector or disposal site operator un-der subsections (5) and (6) of this section,proceeds of the charge shall be placed into adedicated local government remedial actionfund established by the local governmentunit and may be used only to pay for reme-dial action costs. As used in this subsection,“remedial action costs” also includes the costof retiring debt incurred in connection witha remedial action.

(8) The amount collected by imposing acharge under this section shall be theamount necessary to fund the local govern-ment unit’s remedial action costs at one ormore solid waste disposal sites for which thelocal government unit is responsible for con-ducting a remedial action or removal or re-lated activities under ORS 465.260, or isliable under ORS 465.255 or other applicablelaw and necessary administrative expensesincurred under this section, and may includean increment to cover any delinquencies incollections. The amount of the charge maybe adjusted from time to time as necessaryto maintain the remedial action fund at thelevel necessary to accommodate the localgovernment unit’s remedial action responsi-bilities, but may not exceed the maximumamounts provided in subsection (1)(a) of thissection.

(9) Any local government unit locatedwithin the boundaries of a metropolitan ser-vice district may enter into an intergovern-mental agreement with the district totransfer to the district the funding authoritygranted under this section and the responsi-bility for performing all remedial action obli-gations for which the local government unitmay be responsible.

(10) As used in this section, “remedialaction,” “remedial action costs” and “re-moval” have the meaning given those termsin ORS 465.200. [1989 c.833 §137; 1993 c.560 §40; 2007c.71 §142]



459.315 Definitions for ORS 459.315 to459.330. As used in ORS 459.315 to 459.330:

(1) “Committee” means a local citizensadvisory committee established under ORS459.320.

(2) “Permittee” means a person operatinga regional disposal site under a permit issuedunder ORS 459.245. [1987 c.876 §8]

459.320 Regional disposal site advisorycommittee; membership; terms. (1) Exceptas provided in subsection (3) or (4) of thissection, the board of county commissionersof a county in which a regional disposal siteis proposed to be located shall establish alocal citizens advisory committee when theDepartment of Environmental Quality re-ceives an application for a regional disposalsite within the county. The board shall selectmembers of the committee from among atleast each of the following groups, to the ex-tent feasible:

(a) Residents residing near or adjacent tothe regional disposal site.

(b) Owners of real property adjacent toor near the regional disposal site.

(c) Persons who reside in or own realproperty within the county in which the re-gional disposal site is located.

(d) Employees of the permittee.(e) Local organizations and citizen inter-

est groups whose majority of members either:(A) Are electors of the county in which

the regional disposal site is located; or(B) Own real property in the county in

which the regional disposal site is located.(2) Unless determined otherwise by a

board of county commissioners:(a) Members of the local citizens advisory

committee shall serve a term of two years.(b) The committee shall elect from among

its members a chairperson of the committeewith such duties and powers as the commit-tee imposes.

(c) The committee shall meet at leastfour times each year for so long as the re-gional disposal site is proposed or operating.

(3) If the regional disposal site is oper-ated by a metropolitan service district, thelocal citizens advisory committee shall beestablished by the governing body of themetropolitan service district.

(4) If the board of county commissionersof a county in which a regional disposal siteis located or is proposed to be located hasalready established a local citizens advisorycommittee for solid waste issues in general,that committee may serve to fulfill the dutiesspecified in ORS 459.325 so long as themembership of the committee is consistent

with this section. [1987 c.876 §9; subsection (4) en-acted as 1987 c.876 §10; 1999 c.720 §1]

459.325 Duties of regional disposal siteadvisory committee. The duties of the localcitizens advisory committee established un-der ORS 459.320 shall include but need notbe limited to:

(1) Reviewing with the permittee, the re-gional disposal site including but not limitedto siting, operation, closure and long-termmonitoring of the regional disposal site; and

(2) Providing a forum for citizen com-ments, questions and concerns about the re-gional disposal site and promoting a dialoguebetween the community in which the re-gional disposal site is to be located and theowner or operator of the regional disposalsite. The committee shall prepare an annualwritten report summarizing the localcitizens’ concerns and the manner in whichthe owner or operator is addressing thoseconcerns. The report shall be considered bythe Department of Environmental Quality inissuing and renewing a solid waste permitunder ORS 459.245. [1987 c.876 §11]

459.330 Notification of advisory com-mittee by regional disposal sitepermittee. The permittee shall notify thelocal citizens advisory committee establishedunder ORS 459.320 when the permittee pro-poses to apply for a change to any state orlocal permit. [1987 c.876 §12]

459.335 Use of fees collected by themetropolitan service district. Notwith-standing any other provision of ORS 268.330,the metropolitan service district shall usemoneys collected by the district as serviceor user fees for solid waste disposal for:

(1) Activities of the metropolitan servicedistrict related to solid waste, including ac-tivities of regional concern that are directlyrelated to reducing the environmental impactfrom the generation, collection, transporta-tion, processing and disposal of solid waste;and

(2) Planning, administrative and overheadcosts for activities of the district related tosolid waste. [1987 c.876 §12a; 1995 c.79 §274; 1997 c.833§23; 2009 c.309 §1]

459.340 Implementation of the solidwaste reduction program by metropolitanservice district. (1) The metropolitan ser-vice district shall implement the provisionsof the solid waste reduction program asadopted by the metropolitan service district.

(2) Before the metropolitan service dis-trict council amends the district’s solid wastereduction program, the district shall submitthe proposed amendment to the Departmentof Environmental Quality for review andcomment. [1987 c.876 §13; 1993 c.560 §41]



459.345 Metropolitan service districtreport to commission. (1) In conjunctionwith and on the same schedule as the reportrequired under ORS 459A.050 (1)(a), the met-ropolitan service district shall report to theEnvironmental Quality Commission on theimplementation of its solid waste reductionprogram as approved or as amended in ac-cordance with ORS 459.340.

(2) The report submitted by the metro-politan service district under this sectionshall be in writing and shall include, butneed not be limited to:

(a) The current status of implementationof the metropolitan service district’s solidwaste reduction program including the useof disposal sites, recycling opportunities andthe use of material and energy recoverytechnologies.

(b) A summary of the amount and per-cent of solid waste that is currently reused,recycled or disposed of in a solid waste dis-posal site and a comparison of such amountsand percentages to the district’s existing andprojected annual goals for:

(A) The amount and percent of solidwaste that will be reused, recycled or dis-posed of in a solid waste disposal site oper-ated by the metropolitan service district orin a solid waste disposal site that the districthas entered into an agreement to use; and

(B) The amount in tons by which solidwaste disposed of annually in a disposal siteoperated by the district or which the districthas entered into an agreement to use will bereduced.

(c) A summary of the metropolitan ser-vice district’s solid waste budget. [1987 c.876§14; 1993 c.560 §42; 1997 c.552 §4]

459.350 Commission review of metro-politan service district report. The Envi-ronmental Quality Commission shall reviewthe report submitted by the metropolitanservice district under ORS 459.345 to deter-mine:

(1) Whether the district’s activities re-lated to solid waste disposal comply with thedistrict’s solid waste reduction program andany goals established by the district in pre-vious reports submitted under ORS 459.345;and

(2) Whether the program and all disposalsites operated by or used by the district con-tinue to meet the criteria established underORS 459.015. [1987 c.876 §15; 1989 c.171 §59]

459.355 [1987 c.876 §16; 1993 c.560 §43; repealed by1997 c.552 §40]

LIMITATION ON DISPOSAL OFCERTAIN RADIOACTIVE MATERIALS

Note: Sections 12 to 16 and 18, chapter 653, OregonLaws 1991, provide:

Sec. 12. (1) The Legislative Assembly finds anddeclares:

(a) It is the policy of this state to minimize the re-lease to the environment of radioactive material result-ing from human activities;

(b) The United States Congress, the United StatesNuclear Regulatory Commission, the United States De-partment of Energy and the United States Environ-mental Protection Agency have adopted measuresintended to make possible federal deregulation of cer-tain radioactive material;

(c) Deregulation would result in virtually unre-stricted disposal or release of this radioactive materialinto land disposal sites, incinerators, transportationsystems, waterways, sewage systems, recycling centers,consumer products or other parts of the environment;

(d) Such dissemination of radioactive material inthe environment would represent an unnecessary in-creased risk to the health, safety and welfare of thecitizens of this state and the environment;

(e) Such risk would necessitate the implementationof a costly and widespread radiation monitoring systemto enable this state to insure that citizens are not ex-posed to radiation from deregulated radioactive mate-rial; and

(f) Such monitoring and verification of the absenceof unacceptable risks resulting from federal deregu-lation will be more costly to this state than the currentregulatory regime.

(2) Therefore, the State of Oregon hereby declaresthat radioactive material shall continue to be subject toregulatory control by this state. It is the purpose ofsections 12 to 15 of this Act to guarantee that all ra-dioactive material that was subject to regulation by thisstate, the United States Nuclear Regulatory Commis-sion, the United States Department of Energy, theUnited States Environmental Protection Agency or anyother state or federal agency as of January 1, 1989,shall remain subject to regulation by this state andshall be stored and disposed of only in licensed or ap-proved radioactive waste storage or disposal facilities.[1991 c.653 §12]

Sec. 13. As used in sections 12 to 14, chapter 653,Oregon Laws 1991:

(1) “Facility approved by the Oregon Health Au-thority” means a facility for which there is a license,permit, letter of agreement or other means by which thestate officially accepts the treatment, storage, recycling,incineration or disposal method for radioactive mate-rial.

(2) “Radioactive material” means any radioactivewaste or other radioactive material resulting from ac-tivities of the federal government, the United StatesNuclear Regulatory Commission or its licensees or li-censees of a state that has entered into an agreementunder 42 U.S.C. 2021 and that satisfies the definition oflow-level radioactive waste in the federal Low-LevelRadioactive Waste Policy Act, 42 U.S.C. 2021b(9)(a), asof January 1, 1989. “Radioactive material” does not in-clude naturally occurring radionuclides, uranium milltailings or high-level radioactive waste. [1991 c.653 §13;2001 c.900 §233; 2009 c.595 §1152]

Sec. 14. Notwithstanding any declaration by thefederal government that certain radioactive materialmay be exempt from regulatory control or below regu-latory concern, no radioactive material may be recycled,incinerated or disposed of in Oregon except at a facilityapproved by the Oregon Health Authority specificallyfor the recycling, incineration or disposal of radioactive



material. [1991 c.653 §14; 2001 c.900 §234; 2009 c.595§1153]

Sec. 15. (1) No land disposal site in this state shallknowingly accept solid waste from another state thatcontains radioactive material. For purposes of this sec-tion, solid waste shall be presumed not to contain ra-dioactive material if:

(a) The solid waste is from a state that is a partyto the Northwest Interstate Compact on Low-Level Ra-dioactive Waste Management set forth in ORS 469.930;or

(b) The solid waste is from a state that has a policyopposing exemption of radioactive material from regu-lation that is similar to the policy carried out bysections 12 to 15 of this 1991 Act.

(2) As used in this section, “radioactive material”has the meaning given in section 13 of this 1991 Act.[1991 c.653 §15]

Sec. 16. Section 15 of this Act is added to andmade a part of ORS 459.005 to 459.105. [1991 c.653 §16]

Sec. 18. Sections 12 to 16 of this Act and theamendments to ORS 469.992 by section 17 of this Act donot become operative until the federal government or astate that has entered into an agreement under 42U.S.C. 2021 exempts from regulation or changes theregulatory status of any radioactive material that issubject to regulation on January 1, 1989. [1991 c.653 §18]

ENFORCEMENT459.376 Action to enforce rules or or-

ders. (1) The Environmental Quality Com-mission may take whatever action isappropriate for the enforcement of its rulesor orders.

(2) The commission may institute pro-ceedings to enforce compliance with or re-strain violations of ORS chapters 459 and459A, or any rule, standard, permit or orderadopted, entered or issued pursuant to ORSchapters 459 and 459A. [Formerly 459.276; 1993c.560 §44]

459.385 Entry upon private premisesauthorized; access to records. The Depart-ment of Environmental Quality or county,district or city board of health personnel,authorized environmental health specialistsor other authorized city or county personnelmay enter upon the premises of any personregulated under ORS 459.005 to 459.105,459.205 to 459.385, 466.005 to 466.385 and466.992 or under regulations adopted pursu-ant to ORS 450.075, 450.810, 450.820 and451.570, at reasonable times, to determinecompliance with and to enforce ORS 450.075,450.810, 450.820, 451.570, 459.005 to 459.105,459.205 to 459.385, 466.005 to 466.385 and466.992 and any rules or regulations adoptedpursuant thereto. The department shall alsohave access to any pertinent records, includ-ing but not limited to blueprints, operationand maintenance records and logs, operatingrules and procedures. As used in this section,“pertinent records” does not include finan-cial information unless otherwise authorizedby law. [Formerly 459.285; 1993 c.526 §9; 1993 c.560§45; 2003 c.547 §114]

INFECTIOUS WASTE DISPOSAL459.386 Definitions for ORS 459.386 to

459.405. As used in ORS 459.386 to 459.405:(1) “Biological waste” includes blood and

blood products, excretions, exudates, se-cretions, suctionings and other body fluidsthat cannot be directly discarded into a mu-nicipal sewer system, and waste materialssaturated with blood or body fluids, but doesnot include diapers soiled with urine orfeces.

(2) “Cultures and stocks” includesetiologic agents and associated biologicals,including specimen cultures and dishes anddevices used to transfer, inoculate and mixcultures, wastes from production of biolog-icals, and serums and discarded live and at-tenuated vaccines. “Cultures and stocks”does not include throat and urine cultures.

(3) “Disposal” means the final placementof treated infectious waste in a disposal siteoperating under a permit issued by a stateor federal agency.

(4) “Infectious waste” includes biologicalwaste, cultures and stocks, pathologicalwaste and sharps.

(5)(a) “Pathological waste” includes:(A) Biopsy materials and all human tis-

sues;(B) Anatomical parts that emanate from

surgeries, autopsies and obstetrical and labo-ratory procedures; and

(C) Animal carcasses exposed topathogens in research and the bedding andother waste from such animals.

(b) “Pathological waste” does not includeteeth or formaldehyde or other preservativeagents.

(6) “Sharps” includes needles, IV tubingwith needles attached, scalpel blades,lancets, glass tubes that could be brokenduring handling and syringes that have beenremoved from their original sterile contain-ers.

(7) “Storage” means the temporary con-tainment of infectious waste in a mannerthat does not constitute treatment or dis-posal of such waste.

(8) “Transportation” means the move-ment of infectious waste from the point ofgeneration over a public highway to anyintermediate point or to the point of finaltreatment.

(9) “Treatment” means incineration,sterilization or other method, technique orprocess approved by the Oregon Health Au-thority that changes the character or com-position of any infectious waste so as torender the waste noninfectious. [1989 c.763 §3;1993 c.560 §46; 2005 c.22 §331; 2009 c.595 §941]



459.387 Policy. The Legislative Assemblyfinds and declares that:

(1) The collection, transportation, stor-age, treatment and disposal of infectiouswaste in a manner that protects the health,safety and welfare of the workers who handlethe waste and of the public is a matter ofstatewide concern.

(2) The public health, safety and welfareis best protected by an infectious waste col-lection system that serves as many personsas possible in this state, including medicalcare and laboratory facilities, nursing carefacilities and private residences.

(3) In the interest of public health, safetyand welfare, it is the policy of this state toestablish requirements for collection, trans-portation, storage, treatment and disposal ofinfectious waste that will establish priorityin methods of treating and disposing of in-fectious waste. [1989 c.763 §2]

459.388 Restrictions on discarding,storing or transporting infectious waste.(1) No person who generates infectious wasteshall discard or store such waste except asprovided in ORS 459.390.

(2) No person shall transport infectiouswaste other than infectious waste that is anincidental part of other solid waste except asprovided in ORS 459.390 (6) and 825.256. [1989c.763 §4]

459.390 Procedures for segregationand containment of infectious waste; ex-emption. (1) Infectious waste shall be segre-gated from other wastes by separatecontainment at the point of generation. En-closures used for storage of infectious wasteshall be secured to prevent access by unau-thorized persons and shall be marked withprominent warning signs.

(2) Infectious waste, except for sharps,shall be contained in disposable red plasticbags or containers made of other materialsimpervious to moisture and strong enough toprevent ripping, tearing or bursting undernormal conditions of use. The bags or con-tainers shall be closed to prevent leakage orexpulsion of solid or liquid wastes duringstorage, collection or transportation.

(3) Sharps shall be contained for storage,collection, transportation and disposal inleakproof, rigid, puncture-resistant red con-tainers that are taped closed or tightly liddedto prevent loss of the contents. Sharps maybe stored in such containers for more thanseven days.

(4) All bags, boxes or other containers forinfectious waste and rigid containers of dis-carded sharps shall be clearly identified ascontaining infectious waste.

(5) Infectious waste shall be stored attemperatures and only for times establishedby rules of the Oregon Health Authority.

(6) Infectious waste shall not be com-pacted before treatment and shall not beplaced for collection, storage or transporta-tion in a portable or mobile trash compactor.

(7) Infectious waste contained in dispos-able bags as specified in this section shall beplaced for collection, storage, handling ortransportation in a disposable or reusablepail, carton, box, drum, dumpster, portablebin or similar container. The container shallhave a tight-fitting cover and be kept cleanand in good repair. The container may be ofany color and shall be conspicuously labeledwith the international biohazard symbol andthe words “Biomedical Waste” on the sidesso as to be readily visible from any lateraldirection when the container is upright.

(8) Each time a reusable container forinfectious waste is emptied, the containershall be thoroughly washed and decontam-inated unless the surfaces of the containerhave been protected from contamination bya disposable red liner, bag or other deviceremoved with the waste.

(9) Trash chutes shall not be used totransfer infectious waste between locationswhere it is contained or stored.

(10) Generators that produce 50 poundsor less of infectious waste in any calendarmonth shall be exempt from the specific re-quirements of subsections (5), (7) and (8) ofthis section. [1989 c.763 §5; 2009 c.595 §942]

459.395 Treatment of infectiouswastes; rules. (1) Pathological wastes shallbe treated by incineration in an incineratorthat provides complete combustion of wasteto carbonized or mineralized ash. The ashshall be disposed of as provided in rulesadopted by the Environmental Quality Com-mission. However, if the Department of En-vironmental Quality determines thatincineration is not reasonably availablewithin a wasteshed, pathological wastes maybe disposed of in the same manner providedfor cultures and stocks.

(2) Cultures and stocks shall beincinerated as described in subsection (1) ofthis section or sterilized by other means pre-scribed by Oregon Health Authority rule.Sterilized waste may be disposed of in a per-mitted land disposal site if it is not otherwiseclassified as hazardous waste.

(3) Liquid or soluble semisolid biologicalwastes may be discharged into a sewagetreatment system that provides secondarytreatment of waste.

(4) Sharps and biological wastes may beincinerated as described in subsection (1) ofthis section or sterilized by other means pre-



scribed by authority rule. Sharps may bedisposed of in a permitted land disposal siteonly if the sharps are in containers as re-quired in ORS 459.390 (3) and are placed ina segregated area of the landfill.

(5) Other methods of treatment and dis-posal may be approved by rule of the com-mission. [1989 c.763 §6; 2009 c.595 §943]

459.398 Rules. The Environmental Qual-ity Commission may adopt rules for storageand handling of infectious waste at a solidwaste disposal site. [1989 c.763 §7]

459.400 Exceptions. The requirements ofORS 459.386 to 459.405 shall not apply towaste, other than sharps as defined in ORS459.386, that is:

(1) Generated in the practice of veteri-nary medicine; and

(2) Not capable of being communicatedby invasion and multiplication in body tis-sues and capable of causing disease or ad-verse health impacts in humans. [1989 c.763 §8;1993 c.560 §47]

459.405 Transport of infectious waste;certification; records. Each person whotransports infectious waste for consideration,other than waste that is an incidental partof other solid waste, shall:

(1) Provide written certification to a per-son who discards more than 50 pounds permonth of infectious waste that such wastewill be disposed of in compliance with theprovisions of ORS 459.386 to 459.405; and

(2) Maintain records showing the pointof origin and date and place of final disposalof infectious waste collected from generators.A copy of these records shall be given to thegenerator or the Department of Environ-mental Quality upon request. [1989 c.763 §9]

459.410 [1971 c.699 §1; 1973 c.778 §1; 1977 c.867 §1;1979 c.132 §1; 1981 c.709 §4; 1983 c.703 §9; 1985 c.670 §1;renumbered 466.005]

HOUSEHOLD AND SMALL QUANTITYGENERATOR HAZARDOUS WASTE

459.411 Policy. (1) The Legislative As-sembly finds:

(a) Individuals have limited opportunitiesto properly manage household hazardouswaste;

(b) Businesses that are conditionally ex-empt small quantity generators of hazardouswaste do not have feasible options for themanagement of hazardous waste; and

(c) The disposal of household hazardouswaste and hazardous waste generated byconditionally exempt small quantity genera-tors in solid waste disposal sites and sewagefacilities presents a potential hazard to thepublic health and the environment because

these sites and facilities may not be designedfor the disposal of hazardous waste.

(2) Therefore, the Legislative Assemblydeclares that it is in the interest of publichealth, safety and the environment to pro-vide:

(a) Alternatives to disposal of hazardouswaste generated by conditionally exemptsmall quantity generators and householdhazardous waste at solid waste disposal sitesand sewage facilities; and

(b) Information and educational programsabout:

(A) Alternatives for the management ofhousehold and conditionally exempt smallquantity generator hazardous waste;

(B) Methods of reusing and recyclinghousehold and conditionally exempt smallquantity generator hazardous waste; and

(C) Alternatives to the use of productsthat lead to the generation of hazardouswaste by conditionally exempt small quantitygenerators and household hazardous waste.[1989 c.833 §69; 1993 c.560 §50]

459.412 Definition for ORS 459.411 to459.417. As used in ORS 459.411 to 459.417,“conditionally exempt small quantity genera-tor” means a person who generates a haz-ardous waste but is conditionally exemptfrom certain regulations because the wasteis generated in quantities below the thresh-old adopted by the Environmental QualityCommission pursuant to ORS 466.020. [1993c.560 §49]

459.413 Household hazardous wastedepots; location; promotion program. (1)The metropolitan service district shall estab-lish permanent depots to receive householdhazardous waste. The depots shall be:

(a) Developed at geographically diverselocations throughout the district; and

(b) Located and operationally designed toconveniently receive household hazardouswaste from the general public on an ongoingbasis.

(2) In conjunction with establishing per-manent depots under subsection (1) of thissection, the metropolitan service district alsoshall develop and implement a promotionprogram to encourage citizens to use the de-pots for household hazardous waste disposal.[1989 c.833 §74; 1993 c.560 §51]

459.415 Department approval for col-lection activity required; written pro-posal. (1) Before any local governmentoperates a permanent collection depot or pe-riodic collection events for household haz-ardous waste or hazardous waste generatedby conditionally exempt small quantity gen-erators, the local government shall receive



written approval from the Department ofEnvironmental Quality.

(2) In requesting written approval fromthe department, a local government unitproposing to operate a permanent collectiondepot or periodic collection events shall sub-mit a detailed proposal. The proposal shallinclude at least the following information:

(a) Measures to be taken to insure safetyof the public and employees or volunteersworking at the collection site;

(b) Measures to be taken to prevent spillsor releases of hazardous waste and a plan torespond to a spill or release if one occurs;

(c) A copy of the request for proposals fora contractor to properly manage and recycleor dispose of the waste collected in a mannerconsistent with the rules of the Environ-mental Quality Commission for hazardouswaste collection, storage, transportation anddisposal; and

(d) Measures to be implemented to insureno waste is accepted from generators of haz-ardous waste subject to regulation underORS 466.005 to 466.385 unless the intent isto specifically collect such waste.

(3) The department may request addi-tional information about the proposed pro-gram from the local government unit. Thedepartment shall not approve a program un-less the program provides adequate pro-visions to protect the public health, safetyand the environment. [1989 c.833 §75; 1993 c.560§52]

459.417 Statewide household hazard-ous waste public education program. TheDepartment of Environmental Quality shallimplement a statewide household hazardouswaste public education program. The pro-gram shall include but need not be limited toproviding information about:

(1) Alternatives to disposal of householdhazardous waste at solid waste disposal sites;

(2) Methods of reusing or recyclinghousehold hazardous waste; and

(3) Alternatives to the use of productsthat lead to the generation of householdhazardous waste. [1989 c.833 §76]

459.418 Contract for statewide col-lection of household hazardous waste.The Department of Environmental Qualitymay contract with a hazardous waste col-lection service to provide for the statewidecollection of household hazardous waste. Asused in this section, “hazardous waste col-lection service” means a service that collectshazardous waste from conditionally exemptsmall quantity generators and from house-holds. [1991 c.385 §51; 1993 c.560 §53]

459.419 [1991 c.385 §38; 1993 c.560 §54; renumbered459A.695 in 1993]

BATTERIES459.420 Permitted lead-acid battery

disposal; disposal by retailers. (1) No per-son may place a used lead-acid battery inmixed municipal solid waste, discard or oth-erwise dispose of a lead-acid battery in thisstate except by delivery to a lead-acid batteryretailer or wholesaler, to a collection or re-cycling facility authorized under ORS 459.005to 459.437 or to a secondary lead smelterpermitted by a state or the United StatesEnvironmental Protection Agency.

(2) No lead-acid battery retailer shalldispose of a used lead-acid battery in thisstate except by delivery to the agent of abattery wholesaler, to a battery manufac-turer for delivery to a secondary lead smelterpermitted by a state or the United StatesEnvironmental Protection Agency, to a col-lection or recycling facility authorized underORS 459.005 to 459.437 or to a secondarylead smelter permitted by a state or theUnited States Environmental ProtectionAgency. [1989 c.290 §2; 1993 c.560 §56]

459.422 Acceptance of used batteriesby retailers and wholesalers. (1) A personselling lead-acid batteries at retail or offeringlead-acid batteries for retail sale in the Stateof Oregon shall accept used lead-acid bat-teries of the same type purchased from acustomer at the point of transfer in a quan-tity at least equal to the number of new bat-teries purchased, if offered by the customer.

(2) Any person selling new lead-acid bat-teries at wholesale shall accept used lead-acid batteries of the same type from anycustomer at the point of transfer in a quan-tity at least equal to the number of new bat-teries purchased, if offered by a customer.

(3) A person accepting batteries in trans-fer from an automotive battery retailer shallbe allowed up to 90 days to remove batteriesfrom the retail point of collection. [1989 c.290§§3,4; 2005 c.22 §332]

459.426 Notice to customers. (1) Anyperson selling new lead-acid batteries shallpost in each area where lead-acid batteriesare sold a clearly visible and legible signstating that:

(a) Lead-acid batteries cannot be disposedof in household solid waste or mixed munici-pal waste, but must be recycled; and

(b) The dealer will accept used lead-acidbatteries of the same type sold by the dealer.

(2) If a person selling new lead-acid bat-teries requires a customer to pay a fee for anew lead-acid battery if the customer doesnot provide a used lead-acid battery fortrade-in, the dealer shall also include on ornear the sign required under subsection (1)of this section a statement advising potentialcustomers that the dealer charges a fee if the



customer does not provide a used lead-acidbattery for trade-in. [1989 c.290 §5]

459.430 [1971 c.699 §3; 1973 c.778 §2; 1973 c.835 §147;1977 c.867 §2; 1979 c.132 §2; 1981 c.709 §5; renumbered466.015]

459.431 Definitions for ORS 459.431 to459.437. As used in ORS 459.431 to 459.437:

(1) “Alkaline manganese battery” meansa battery consisting of manganese dioxidepositive electrode material, zinc negativeelectrode material, and an alkaline electro-lyte.

(2) “Battery” means one or more cells,each consisting of a positive electrode, anegative electrode, and an electrolyte.

(3) “Battery pack” means one or morebatteries enclosed in a housing.

(4) “Consumer product” means any prod-uct sold primarily for family or householduse, and which is normally sold throughconsumer retail distribution.

(5) “Distributor” means a seller of bat-teries.

(6) “Easily removed” means a battery orbattery pack that is either detachable orreadily removable from a consumer productby the consumer with the use of commonhousehold tools and that can be removed bythe consumer without cutting or desolderingany wires.

(7) “Nickel cadmium battery” means abattery consisting of nickel positive electrodematerial and cadmium negative electrodematerial.

(8) “Small lead battery” means a batteryconsisting of positive and negative electrodematerials which are lead or compoundsthereof, used in nonvehicular applications,and weighing less than 25 pounds. [1991 c.653§2; 1993 c.560 §57]

459.432 Policy. (1) The Legislative As-sembly finds and declares that:

(a) Batteries have come to play an im-portant role in the advancement of social,medical and economic concerns.

(b) It is important to advance environ-mental interests without unnecessary inter-ference with, or complications of, local,interstate and international commerce to thedetriment of our state’s economy.

(c) It is important to provide clear, safeand practical guidelines to our state’s citi-zens, businesses and governmental bodies.

(d) There are inherent differences in bat-teries and products using batteries with re-spect to their composition, distribution andapplication.

(2) In the interest of the public health,safety and welfare and in order to conserve

energy and natural resources, it is the policyof the State of Oregon to:

(a) Require that the mercury content inalkaline manganese batteries be reduced toa level that minimizes risk to public healthand environment, and prohibit the sale inOregon of batteries having a mercury con-tent above that level.

(b) Maximize consumer acceptance andconvenience in accomplishing important ob-jectives of environmental protection.

(c) Minimize unnecessary administrativeexpense to the state and avoid undue burdenson the state’s consumers, retailers, manufac-turers and suppliers. [1991 c.653 §1]

459.433 Limitation on sale or pro-motion of alkaline manganese or zinccarbon batteries. (1) Except as otherwiseprovided in subsections (2) and (3) of thissection, no person shall sell, offer for sale oroffer for promotional purposes:

(a) Any alkaline manganese battery man-ufactured on or after January 1, 1996, con-taining intentionally introduced mercury.

(b) Any zinc carbon battery manufacturedon or after January 1, 1996, containing in-tentionally introduced mercury.

(2) On and after January 1, 1996, a per-son may sell, offer for sale or offer for pro-motional purposes a button cell alkalinemanganese battery with a mercury contentof 25 milligrams or less.

(3) The provisions of subsection (1) ofthis section do not apply to mercury that isincidentally present in a battery. [1995 c.597§2]

459.434 [1991 c.653 §3; repealed by 1995 c.597 §6]

459.435 Prohibition on sale or pro-motion of button cell mercuric oxidebatteries. A person may not sell, offer forsale or offer for promotional purposes anybutton cell mercuric oxide battery for use inOregon. [1995 c.597 §3; 2005 c.22 §333]

459.436 [1991 c.653 §4; 1995 c.597 §5; repealed by 1997c.552 §40]

459.437 Requirements for sale or pro-motion of mercuric oxide batteries. (1) Aperson may not sell, offer for sale or offer forpromotional purposes a mercuric oxide bat-tery for use in Oregon unless the batterymanufacturer:

(a) Identifies a collection site that has allrequired governmental approvals, to whichpersons may send used mercuric oxide bat-teries for recycling or proper disposal;

(b) Informs each person who purchasesthe manufacturer’s mercuric oxide batteriesof the collection site identified under para-graph (a) of this subsection; and



(c) Informs each person who purchasesthe manufacturer’s mercuric oxide batteriesof a telephone number the person may callto obtain information about sending mercuricoxide batteries for recycling or proper dis-posal.

(2) Subsection (1) of this section does notapply to mercuric oxide button cell batteries.[1995 c.597 §4; 2005 c.22 §334]

459.438 [1991 c.653 §5; repealed by 1995 c.597 §6]459.439 [1991 c.653 §6; repealed by 1993 c.560 §107]459.440 [1971 c.699 §3a; 1973 c.835 §148; 1977 c.867

§3; 1981 c.709 §5a; renumbered 466.020]459.442 [1981 c.709 §20; renumbered 466.070]459.445 [1977 c.867 §6; 1981 c.709 §6; 1983 c.703 §10;

1985 c.565 §75; 1985 c.670 §37; renumbered 466.075]459.450 [1971 c.699 §16a; 1973 c.835 §150; 1977 c.867

§4; renumbered 466.080]459.455 [1983 c.703 §2; 1985 c.735 §2; renumbered

466.085]459.460 [1971 c.699 §21; 1973 c.835 §149; 1981 c.709

§7; renumbered 466.090]459.504 [1987 c.706 §20; repealed by 1991 c.882 §17]459.505 [1977 c.867 §12; 1979 c.132 §10; 1981 c.709 §8;

1985 c.670 §38; renumbered 466.095]459.509 [1987 c.706 §21; 1991 c.882 §5; repealed by

1991 c.882 §17]459.510 [1971 c.699 §2; 1973 c.778 §3; 1973 c.835 §151;

1977 c.867 §7; 1981 c.709 §9; renumbered 466.100]459.514 [1987 c.706 §22; repealed by 1991 c.882 §17]459.517 [1977 c.867 §13; 1979 c.132 §11; 1981 c.709 §10;

1983 c.703 §11; renumbered 466.105]459.519 [1987 c.706 §23; repealed by 1991 c.882 §17]459.520 [1971 c.699 §2a; 1973 c.835 §152; repealed by

1977 c.867 §8]459.524 [1987 c.706 §24; repealed by 1991 c.882 §17]459.529 [1987 c.706 §25; repealed by 1991 c.882 §17]459.530 [1971 c.699 §4; 1977 c.867 §9; repealed by 1985

c.670 §49]459.534 [1987 c.706 §26; repealed by 1991 c.882 §17]459.535 [1977 c.867 §14; 1979 c.132 §12; renumbered

466.110]459.539 [1987 c.706 §27; repealed by 1991 c.882 §17]459.540 [1971 c.699 §5; 1979 c.132 §3; renumbered

466.115]459.544 [1987 c.706 §28; repealed by 1991 c.882 §17]459.545 [1977 c.867 §15; 1979 c.132 §13; renumbered

466.120]459.549 [1987 c.706 §29; 1993 c.560 §58; repealed by

1991 c.882 §17]459.550 [1971 c.699 §6; 1979 c.132 §4; renumbered

466.125]459.554 [1987 c.706 §30; repealed by 1991 c.882 §17]459.559 [1987 c.706 §31; repealed by 1991 c.882 §17]459.560 [1971 c.699 §7; 1979 c.132 §5; renumbered

466.130]459.564 [1987 c.706 §32; repealed by 1991 c.882 §17]459.569 [1987 c.706 §33; repealed by 1991 c.882 §17]459.570 [1971 c.699 §8; 1973 c.835 §152a; 1979 c.132

§6; renumbered 466.135]459.574 [1987 c.706 §34; repealed by 1991 c.882 §17]459.579 [1987 c.706 §35; repealed by 1991 c.882 §17]

459.580 [1971 c.699 §9; 1979 c.132 §7; renumbered466.140]

459.584 [1987 c.706 §36; repealed by 1991 c.882 §17]459.585 [1979 c.132 §15; renumbered 466.145]459.589 [1987 c.706 §37; repealed by 1991 c.882 §17]459.590 [1971 c.699 §10; 1973 c.778 §4; 1973 c.835 §153;

1977 c.867 §10; 1979 c.132 §8; 1981 c.709 §11; 1983 c.703§12; 1985 c.670 §39; renumbered 466.150]

459.594 [1987 c.706 §38; repealed by 1991 c.882 §17]459.595 [1973 c.778 §7; 1977 c.867 §11; renumbered

466.155]459.599 [1987 c.706 §39; repealed by 1991 c.882 §17]459.600 [1971 c.699 §11; 1979 c.132 §9; 1981 c.709 §12;

renumbered 466.160]459.604 [1987 c.706 §40; repealed by 1991 c.882 §17]459.609 [1987 c.706 §41; repealed by 1991 c.882 §17]459.610 [1971 c.699 §12; 1973 c.835 §154; 1981 c.709

§13; 1983 c.90 §1; renumbered 466.165]459.614 [1987 c.706 §42; repealed by 1991 c.882 §17]459.619 [1987 c.706 §43; repealed by 1991 c.882 §17]459.620 [1971 c.699 §16; 1973 c.835 §155; renumbered

466.170]459.625 [1975 c.483 §3; 1977 c.796 §3; renumbered

469.375]459.630 [1975 c.483 §2; 1977 c.796 §4; renumbered

469.525]459.635 [1975 c.483 §4; 1985 c.670 §40; renumbered

466.175]459.640 [1981 c.709 §22; 1985 c.670 §41; renumbered

466.180]459.650 [1971 c.699 §13a; 1977 c.867 §16; 1979 c.132

§16; 1981 c.709 §14; 1983 c.703 §13; renumbered 466.185]459.660 [1971 c.699 §14; 1973 c.835 §156; 1977 c.867

§17; 1979 c.132 §17; 1981 c.709 §15; 1983 c.703 §14; renum-bered 466.190]

459.670 [1971 c.699 §13; 1977 c.867 §18; 1979 c.132 §18;1981 c.709 §16; 1983 c.90 §2; renumbered 466.195]

459.680 [1971 c.699 §15a; 1977 c.867 §19; 1979 c.132§19; 1981 c.709 §16a; 1983 c.703 §15; renumbered 466.200]

459.685 [1973 c.778 §§8,9,10,11,12,13; 1977 c.867 §20;1985 c.685 §3; renumbered 466.205]

459.690 [1971 c.699 §15; 1973 c.835 §157; 1979 c.284§150; renumbered 466.210]

459.695 [1983 c.703 §3; renumbered 466.215]

WASTE TIRE DISPOSAL459.705 Definitions for ORS 459.705 to

459.790. As used in ORS 459.705 to 459.790:(1) “Danger” or “nuisance” includes but

is not limited to the unpermitted storage ofwaste tires or the storage of waste tires ina manner that does not comply with a con-dition of a permittee’s waste tire storagepermit.

(2) “Director” means the Director of theDepartment of Environmental Quality.

(3) “Dispose” means to deposit, dump,spill or place any waste tire on any land orinto any waters of the state as defined byORS 468B.005.

(4) “Private carrier” means a person whoreceives or generates waste tires and whooperates a motor vehicle over the public



highways of this state for the purpose oftransporting persons or property when thetransportation is incidental to a primarybusiness enterprise, other than transporta-tion, in which the person is engaged. “Pri-vate carrier” does not include a personwhose primary tire business is collecting,sorting or transporting used or waste tires.

(5) “Retreadable casing” means a wastetire suitable for retreading.

(6) “Store” or “storage” means to accu-mulate waste tires above ground, or to ownor control property on which there are wastetires above ground. “Storage” includes thebeneficial use of waste tires as fences andother uses with similar potential for causingenvironmental risks. “Storage” does not in-clude the use of waste tires as a ballast tomaintain covers on agricultural materials orat a construction site or a beneficial usesuch as a planter except when the depart-ment determines the use creates an environ-mental risk.

(7) “Tire” means a continuous solid orpneumatic rubber covering encircling thewheel of a vehicle in which a person orproperty is or may be transported in ordrawn by upon a highway.

(8) “Tire carrier” means any person en-gaged in picking up or transporting wastetires for the purpose of storage, removal toa processor or disposal. “Tire carrier” doesnot include a solid waste collector operatingunder a license or franchise from any localgovernment unit, a private individual or pri-vate carrier who transports the person’s ownwaste tires to a processor or for proper dis-posal, a person who transports fewer thanfive tires for disposal, or the United States,the State of Oregon, any county, city, townor municipality in this state, or any agencyof the United States, the State of Oregon ora county, city, town or municipality of thisstate.

(9) “Tire retailer” means any person ac-tively engaged in the business of selling newreplacement tires.

(10) “Tire retreader” means any personactively engaged in the business of retread-ing waste tires by scarifying the surface toremove the old surface tread and attachinga new tread to make a usable tire.

(11) “Waste tire” means a tire that is nolonger suitable for its original intended pur-pose because of wear, damage or defect. [1987c.706 §1; 1991 c.882 §6; 1993 c.560 §59; 2005 c.654 §25]

459.708 Waste tire generator; require-ments. (1) Any person who generates wastetires shall either:

(a) Have the waste tires transported bya waste tire carrier operating under a permit

issued by the Department of EnvironmentalQuality under ORS 459.705 to 459.790; or

(b) Transport the waste tires generatedby the person to a waste tire storage siteoperating under a permit issued by the de-partment, to a solid waste disposal site per-mitted by the department to accept wastetires or to another site authorized by the de-partment.

(2) Any person who generates waste tiresshall maintain a written record of the dispo-sition of the waste tires including:

(a) Receipts indicating the disposition ofthe waste tires;

(b) The name and permit number of thewaste tire carrier to whom waste tires weregiven for disposal;

(c) The name and location of the disposalsite where waste tires were taken, includingthe date and number of waste tires; and

(d) Any other information the departmentmay require.

(3) The information maintained undersubsection (2) of this section shall be madeavailable to the department upon request ofthe department. [1991 c.882 §3; 1993 c.560 §60]

Note: 459.708 was added to and made a part of459.705 to 459.790 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

459.710 Disposal in disposal site pro-hibited; exceptions; use in constructionof reefs prohibited; exception. (1) Exceptas provided in subsection (2) of this section,no person shall dispose of waste tires in adisposal site, as defined in ORS 459.005.

(2) A person may dispose of waste tiresin a disposal site permitted by the Depart-ment of Environmental Quality if the wastetires are chipped in accordance with stan-dards established by the EnvironmentalQuality Commission.

(3) Except as provided in subsection (4)of this section, no person shall use wastetires as material in the construction of arti-ficial reefs in the ocean waters of the Stateof Oregon.

(4) Subsection (3) of this section shall notapply to the use of waste tires in the con-struction of any artificial reef in any tidal ornontidal bay or estuary of this state. As usedin this subsection, “estuary” has the meaninggiven that term in ORS 196.800. [1987 c.706 §2;1989 c.203 §1; 1993 c.560 §61]

459.712 Transport without carrier per-mit prohibited; exceptions. (1) No personshall collect or transport waste tires for thepurpose of storage, processing or disposal orpurport to be in the business of collecting ortransporting waste tires unless the personhas a waste tire carrier permit issued by the



Department of Environmental Quality underORS 459.705 to 459.790.

(2) As a condition to holding a permit is-sued under subsection (1) of this section,each waste tire carrier shall:

(a) Comply with the provisions of ORS459.705 to 459.790.

(b) Report periodically to the departmenton numbers of waste tires transported andthe manner of disposition.

(c) Maintain financial assurance in theamount of $5,000 in the name of the State ofOregon.

(d) Maintain other plans and exhibitspertaining to the tire carrier operation asdetermined by the department to be reason-ably necessary to protect the public health,welfare or safety or the environment.

(3) Subsection (1) of this section shall notapply to:

(a) A solid waste collector operating un-der a license or franchise from a local gov-ernment unit.

(b) A private individual transporting theindividual’s own waste tires to a processoror for proper disposal.

(c) A private carrier transporting thecarrier’s own waste tires to a processor orfor proper disposal.

(d) The United States, the State of Ore-gon, any county, city, town or municipalityin this state or any agency of the UnitedStates, the State of Oregon or a county, city,town or municipality of this state. [1991 c.882§2]


459.715 Storage prohibited; exceptions.(1) No person shall store more than 100waste tires anywhere in this state except ata waste tire storage site operated under apermit issued under ORS 459.745.

(2) Subsection (1) of this section shall notapply to:

(a) A solid waste disposal site permittedby the Department of Environmental Qualityif the permit has been modified by the de-partment to authorize the storage of tires;

(b) A tire retailer with not more than1,500 waste tires in storage;

(c) A tire retreader with not more than3,000 waste tires in storage so long as thewaste tires are of the type the retreader isactively retreading; or

(d) A motor vehicle dismantling businessissued a certificate under ORS 822.110 withnot more than 1,500 waste tires in storage.

[1987 c.706 §3; 1991 c.882 §7; 1993 c.560 §62; 2005 c.654§26]

459.720 Conditions for storage sitepermit. (1) Each waste tire storage sitepermittee shall be required to do the follow-ing as a condition to holding the permit:

(a) Report periodically to the Departmentof Environmental Quality on numbers ofwaste tires received and the manner of dis-position.

(b) Maintain current contingency plansto minimize damage from fire or other acci-dental or intentional event.

(c) Maintain financial assurance accepta-ble to the department and in such amountsas determined by the department to be rea-sonably necessary for waste tire removalprocessing, fire suppression or other mea-sures to protect the environment and thehealth, safety and welfare of the people ofthis state.

(d) Maintain other plans and exhibitspertaining to the site and its operation asdetermined by the department to be reason-ably necessary to protect the public health,welfare or safety or the environment.

(2) The department may waive any of therequirements of subsection (1) of this sectionfor a waste tire storage site in existence onor before January 1, 1988. [1987 c.706 §4]

459.725 Application for storage siteoperator or carrier. (1) The Department ofEnvironmental Quality shall furnish an ap-plication form to anyone who wishes to op-erate a waste tire storage site or to be awaste tire carrier.

(2) In addition to information requestedon the application form, the department alsoshall require the submission of such infor-mation relating to the construction, develop-ment or establishment of a proposed wastetire storage site and facilities to be operatedin conjunction therewith and such additionalinformation, data and reports as it considersnecessary to make a decision granting or de-nying a permit. [1987 c.706 §5]

459.730 Information in application forstorage site permit; carrier permit; fees;bond. (1) Permit applications submitted tothe Department of Environmental Quality foroperating a waste tire storage site shall con-tain the following:

(a) The management program for the op-eration of the site, including the person tobe responsible for the operation of the site,the proposed method of disposal and the pro-posed emergency measures to be provided atthe site.

(b) A description of the size and type offacilities to be constructed upon the site, in-cluding the height and type of fencing to be



used, the size and construction of structuresor buildings, warning signs, notices andalarms to be used.

(c) The exact location and place wherethe applicant proposes to operate and main-tain the site, including the legal descriptionof the lands included within the site.

(d) An application fee, as determined bythe Environmental Quality Commission to beadequate to pay for the department’s costs ininvestigating and processing the application.

(e) Any additional information requestedby the department.

(2) A permit application submitted to thedepartment for operating as a waste tirecarrier shall include the following:

(a) The name and place of business of theapplicant.

(b) A description and license number ofeach truck used for transporting waste tires.

(c) The locations of the sites at whichwaste tires will be stored or disposed.

(d) A bond in the sum of $5,000 in favorof the State of Oregon. In lieu of the bond,the applicant may submit financial assuranceacceptable to the department.

(e) An application fee, as determined bythe commission to be adequate to pay for thedepartment’s costs in investigating and pro-cessing the application.

(f) Any additional information requestedby the department.

(3) The bond required under subsection(2) of this section shall be executed by theapplicant as principal and by a surety com-pany authorized to transact a surety businesswithin the State of Oregon. The bond shallbe filed with the department and shall pro-vide that:

(a) In performing services as a waste tirecarrier, the applicant shall comply with theprovisions of ORS 459.705 to 459.790 andrules adopted by the commission regardingtire carriers; and

(b) Any person injured by the failure ofthe applicant to comply with the provisionsof ORS 459.705 to 459.790 or the rulesadopted by the commission regarding wastetire carriers shall have a right of action onthe bond in the name of the person, providedthat written claim of such right of actionshall be made to the principal or the suretycompany within two years after the injury.[1987 c.706 §6]

459.735 Notification of permit applica-tion in county of proposed disposal site.(1) Following the submittal of a waste tirestorage site permit application, the Directorof the Department of Environmental Qualityshall cause notice to be given in the county

where the proposed site is located in a man-ner reasonably calculated to notify interestedpersons of the permit application.

(2) The notice shall contain informationregarding the location of the site and thetype and amount of waste tires intended forstorage at the site, and may fix a time andplace for a public hearing. In addition, thenotice shall give any person substantially af-fected by the proposed site an opportunity tocomment on the permit application. [1987 c.706§7; 1993 c.560 §63]

459.740 Hearing on site permit appli-cation. The Department of EnvironmentalQuality may conduct a public hearing in thecounty where a proposed waste tire storagesite is located and may conduct hearings atother places as the department considerssuitable. At the hearing the applicant maypresent the application and the public mayappear or be represented in support of or inopposition to the application. [1987 c.706 §8]

459.745 Department action on applica-tion; appeal. Based upon the review by theDepartment of Environmental Quality of thewaste tire storage site or waste tire carrierpermit application, and any public commentsreceived by the department, the Director ofthe Department of Environmental Qualityshall issue or deny the permit. The director’sdecision shall be subject to appeal to theEnvironmental Quality Commission and judi-cial review under ORS chapter 183. [1987 c.706§9]

459.750 Storage site and carrier permitfees. A fee may be required from every per-son for whom a permit is issued under ORS459.745. The fee shall be in an amount de-termined by the Environmental QualityCommission to be adequate, less any federalfunds budgeted therefor by legislative action,to carry on the monitoring, inspection andsurveillance program established under ORS459.760 and to cover related administrativecosts. [1987 c.706 §10; 1993 c.560 §64]

459.755 Revocation of storage site orcarrier permit. The Director of the Depart-ment of Environmental Quality may revokeany permit issued under ORS 459.745 upon afinding that the permittee has violated anyprovision of ORS 459.705 to 459.790 or rulesadopted pursuant thereto or any materialcondition of the permit, subject to appeal tothe Environmental Quality Commission andjudicial review under ORS chapter 183. [1987c.706 §11; 1993 c.560 §65]

459.760 Monitoring and inspection ofwaste tire carriers and storage site; ac-cess to site and records. The Departmentof Environmental Quality shall establish andoperate a monitoring, inspection and surveil-lance program over all waste tire storagesites and all waste tire carriers or may con-



tract with any qualified public or privateagency to do so. After reasonable notice,waste tire carriers and owners and operatorsof storage sites must allow the departmentnecessary access to the site of waste tirestorage and to its records, including thoserequired by other public agencies, for themonitoring, inspection and surveillance pro-gram to operate. [1987 c.706 §12; 1993 c.560 §66]

459.765 Department use of fees. Feesreceived by the Department of Environ-mental Quality pursuant to ORS 459.730 and459.750 shall be deposited in the StateTreasury and credited to the department andare continuously appropriated to carry outthe permitting program under ORS 459.705to 459.790. [1987 c.706 §12a; 1993 c.560 §67]

459.770 [1987 c.706 §13; 1989 c.203 §2; 1991 c.882 §8;repealed by 1991 c.882 §17]

459.772 Use of processed, source-separated waste tires for energy recov-ery. Notwithstanding any other provision ofORS 459.015, for purposes of encouraging theuse of waste tires under ORS 459.705 to459.790, the use of processed, source-separated waste tires having a positive mar-ket value as a new product to recover energyshall be considered recycling under ORS459.015 (2)(a)(C). [1991 c.882 §4]


459.775 Waste Tire Recycling Account;uses. (1) The Waste Tire Recycling Accountis established in the State Treasury, separateand distinct from the General Fund. Allmoneys received by the Department of Re-venue under ORS 459.504 to 459.619 (1989Edition) shall be deposited to the credit ofthe account.

(2) Any moneys remaining in the WasteTire Recycling Account on July 1, 1992, andany interest earned on such moneys are ap-propriated continuously to the Departmentof Environmental Quality and shall be used:

(a) To reimburse users for the costs ofusing waste tires or chips or similar materialfor requests made for the calendar quarterimmediately preceding July 1, 1992; and

(b) By the Department of EnvironmentalQuality for other programs and activities re-lated to waste tire storage, removal or dis-posal. [1987 c.706 §14; 1991 c.882 §9; 1993 c.560 §68; 1997c.552 §5]

459.780 Tire removal or processingplan; financial assistance; departmentabatement. (1) The Department of Environ-mental Quality, as a condition of a waste tirestorage site permit issued under ORS 459.745,may require the permittee to remove orprocess the waste tires according to a planapproved by the department.

(2) The department may use moneys fromthe Waste Tire Recycling Account to assista permittee in removing or processing thewaste tires. Such assistance may include thepayment by the department of the total costsof removal or processing the waste tires andthe entering into an agreement between thedepartment and the permittee that requiresthe permittee to pay to the department aportion of the costs of removal or processingcalculated according to rules adopted by theEnvironmental Quality Commission. Moneysmay be used only after the commission findsthat:

(a) Special circumstances make such as-sistance appropriate; or

(b) Strict compliance with the provisionsof ORS 459.705 to 459.790 would result insubstantial curtailment or closing of thepermittee’s business or operation or thebankruptcy of the permittee.

(3) The department may proceed undersubsections (4) to (8) of this section if:

(a) A person fails to apply for or obtaina waste tire storage site permit under ORS459.715 to 459.760;

(b) A permittee fails to meet the condi-tions of such permit; or

(c) An owner of real property fails to re-move waste tires as required by the depart-ment.

(4) The department may abate any dangeror nuisance created by waste tires or otherwaste tire materials by removing or process-ing the tires or other waste tire materials.Before taking any action to abate the dangeror nuisance, the department shall give anypersons having the care, custody or controlof the waste tires or materials, or owning theproperty upon which the tires or materialsare located, notice of the department’s in-tentions and order the person to abate thedanger or nuisance in a manner approved bythe department. After the abatement, the de-partment, upon request, may conduct a hear-ing according to the provisions of ORSchapter 183 applicable to contested casehearings to determine the financial responsi-bility of any party involved. If a hearing isnot requested, the department may proceedto recover the costs incurred in abating thewaste tires or other waste tire materials.

(5) If a person fails to take action as re-quired under subsection (4) of this sectionwithin the time specified the Director of theDepartment of Environmental Quality mayabate the danger or nuisance. The order is-sued under subsection (4) of this section mayinclude entering the property where thedanger or nuisance is located, taking thetires or other waste tire materials into public



custody and providing for their processing orremoval.

(6) The department may bring an actionor proceeding against the property owner orthe person having possession, care, custodyor control of the waste tires or other wastetire materials to enforce the abatement orderissued under subsection (4) of this sectionand recover any reasonable and necessaryexpenses incurred by the department forabatement costs, including administrativeand legal expenses. The department’s certi-fication of expenses shall be prima facie evi-dence that the expenses are reasonable andnecessary.

(7) In lieu of entering an order and con-ducting a contested case hearing, the depart-ment may enter into a stipulation, agreedsettlement or consent order with any or allof the applicable parties, allowing the de-partment to enter and remove the waste tireson the property. The stipulation, agreedsettlement or consent order also may providethat the parties shall pay to the departmenteither a specified sum of money representingthe department’s costs in removing the wastetires from the property, or if the exactamount of the costs are unknown at the timeof the agreement, the parties may agree topay to the department a percentage of thedepartment’s final costs incurred in removingthe waste tires from the property. Uponcompletion of the waste tire removal, thedepartment shall send to the applicable par-ties a certified statement indicating the totalcost of removal and the percentage of thetotal costs the parties are required to pay tothe department. The costs or percentage ofcosts to be paid by the parties shall be com-puted according to rules adopted by the En-vironmental Quality Commission.

(8) Nothing in ORS 459.705 to 459.790shall affect the right of any person or localgovernment unit to abate a danger or nui-sance or to recover for damages to realproperty or personal injury related to thetransportation, storage or disposal of wastetires. The department may reimburse a per-son or local government unit for the cost ofabatement.

(9) No state or local government shall beliable for costs or damages as a result of ac-tions taken under the provisions of ORS459.705 to 459.790. This subsection shall notpreclude liability for costs or damages as aresult of gross negligence or intentional mis-conduct by the state or local government.For purposes of this subsection, reckless,willful or wanton misconduct shall constitutegross negligence. [1987 c.706 §15; 1991 c.882 §10;1993 c.560 §70]

459.785 Rules. (1) In accordance with theapplicable provisions of ORS chapter 183, theEnvironmental Quality Commission shalladopt rules necessary to carry out the pro-visions of ORS 459.705 to 459.790.

(2) The commission may adopt rules thatlimit, restrict or prohibit the storage ofwaste tire chips not chipped and disposed ofin accordance with standards adopted by thecommission under ORS 459.710. The rulesalso may include requirements for obtaininga permit from the Department of Environ-mental Quality for the storage of tire chips.[1987 c.706 §16; 1991 c.882 §11; 1993 c.560 §71]

459.790 Exceptions to ORS 459.705 to459.785. Except for the purposes of waste tireremoval under ORS 459.780 (2) and (4) to (8),the provisions of ORS 459.705 to 459.785 donot apply to:

(1) Tires from:(a) Any device moved exclusively by hu-

man power.(b) Any device used exclusively upon sta-

tionary rails or tracks.(c) A motorcycle.(d) An all-terrain vehicle.(e) Any device used exclusively for farm-

ing purposes, except a farm truck.(2) A retreadable casing while under the

control of a tire retreader or while being de-livered to a retreader. [1987 c.706 §18; 1991 c.882§12]

459.810 [1971 c.745 §1; renumbered 459A.700 in 1991]459.820 [1971 c.745 §2; renumbered 459A.705 in 1991]459.830 [1971 c.745 §3; 1973 c.758 §1; renumbered

459A.710 in 1991]459.840 [1971 c.745 §4; 1973 c.758 §2; 1981 c.513 §1;

renumbered 459A.715 in 1991]459.850 [1971 c.745 §5; 1977 c.151 §1; 1977 c.157 §1;

1979 c.188 §1; renumbered 459A.720 in 1991]459.860 [1971 c.745 §6; 1973 c.693 §1; renumbered

459A.725 in 1991]459.870 [1971 c.745 §7; renumbered 459A.730 in 1991]459.880 [1971 c.745 §8; 1973 c.758 §3; renumbered

459A.735 in 1991]459.890 [1971 c.745 §9; renumbered 459A.740 in 1991]

MISCELLANEOUS459.900 Thermostats and motor vehi-

cle switches containing mercury; dis-posal; findings. (1) The LegislativeAssembly finds that mercury is a potentneurotoxin that can cause long-lasting healthproblems. In order to reduce the amount ofmercury entering the environment from thesolid waste stream:

(a) A manufacturer of thermostats thatcontain mercury:

(A) Shall make available a program forthe collection of such thermostats to bemanaged as a universal waste.



(B) Shall provide incentives for and suf-ficient information to purchasers of thermo-stats to ensure that the mercury containedin the thermostats does not become part ofthe solid waste stream.

(C) Is not liable for improper disposal ofthermostats containing mercury by consum-ers if the manufacturer complies with thisparagraph.

(b) A person may not crush a motor ve-hicle without first attempting to removemercury light switches that are mounted onthe hood or trunk of the vehicle. The mer-cury light switches removed from motor ve-hicles under this paragraph are subject tothe universal waste management standardsadopted by the Environmental Quality Com-mission.

(2) For purposes of this section, “thermo-stat” means a device commonly used to senseand, through electrical communication withheating, cooling or ventilation equipment,control room temperature. [2001 c.924 §1]


PENALTIES459.990 [1967 c.428 §16; 1969 c.593 §48; subsection (2)

enacted as 1969 c.509 §6; repealed by 1971 c.648 §33]

459.992 Criminal penalties; licensesuspension and revocation. (1) The follow-ing are Class A misdemeanors:

(a) Violation of rules or ordinancesadopted under ORS 459.005 to 459.105 and459.205 to 459.385.

(b) Violation of ORS 459.205.(c) Violation of ORS 459.270.(d) Violation of ORS 459A.080.(e) Violation of ORS 459.272.(2) Each day a violation referred to by

subsection (1) of this section continues con-stitutes a separate offense. Such separate of-fenses may be joined in one indictment orcomplaint or information in several counts.

(3) Violation of ORS 459A.705, 459A.710or 459A.720 is a Class A misdemeanor.

(4) In addition to the penalty prescribedby subsection (3) of this section, the OregonLiquor Control Commission or the State De-partment of Agriculture may revoke or sus-pend the license of any person who willfullyviolates ORS 459A.705, 459A.710 or 459A.720,who is required by ORS chapter 471 or 635,respectively, to have a license. [Subsections (1),(2) and (3) enacted as 1971 c.648 §20; subsection (4) en-acted as 1971 c.699 §20; subsections (5) and (6) enactedas 1971 c.745 §10; 1973 c.835 §158; 1977 c.867 §22; 1981 c.81§2; 1981 c.709 §17; 1983 c.729 §17; 1983 c.766 §8; subsec-

tions (3) and (4) renumbered 466.995; 1993 c.526 §10; 1995c.301 §37]

459.995 Civil penalties. (1) Except asprovided in subsection (2) of this section, inaddition to any other penalty provided bylaw:

(a) Any person who violates ORS 459.205,459.270, 459.272, 459.386 to 459.405, 459.705 to459.790, 459A.005 to 459A.620, 459A.310 to459A.335, 459A.675 to 459A.685 or 646A.080,or any rule or order of the EnvironmentalQuality Commission pertaining to the dis-posal, collection, storage or reuse or recycl-ing of solid wastes, as defined by ORS459.005, or any rule or order pertaining tothe disposal, storage or transportation ofwaste tires, as defined by ORS 459.705, orany rule or order pertaining to the sale ofnovelty items that contain encapsulated liq-uid mercury, shall incur a civil penalty notto exceed $25,000 a day for each day of theviolation.

(b) Any person who violates the pro-visions of ORS 459.420 to 459.426 shall incura civil penalty not to exceed $500 for eachviolation. Each battery that is disposed ofimproperly shall be a separate violation.Each day an establishment fails to post thenotice required under ORS 459.426 shall bea separate violation.

(c) For each day a city, county or metro-politan service district fails to provide theopportunity to recycle as required underORS 459A.005, the city, county or metropol-itan service district shall incur a civil pen-alty not to exceed $500 for each violation.

(d) Any person who violates the pro-visions of ORS 459.247 (1)(f) shall incur acivil penalty not to exceed $500 for each vi-olation. Each covered electronic device thatis disposed of improperly shall be a separateviolation.

(2) Any product manufacturer or packagemanufacturer who violates ORS 459A.650 to459A.665 or any rule adopted under ORS459A.650 to 459A.665 shall incur a civil pen-alty not to exceed $1,000 per day for eachday of the violation. A violation of ORS459A.650 to 459A.665 shall not be subject toadditional penalties under subsection (1) ofthis section.

(3) Any civil penalty authorized by sub-section (1) or (2) of this section shall be im-posed in the manner provided by ORS468.135. [1973 c.835 §130; 1977 c.317 §1; 1981 c.709 §18;1983 c.703 §16; 1983 c.729 §18; 1983 c.766 §9; subsections(2) and (3) renumbered 466.880; 1987 c.706 §19; 1989 c.290§7; 1989 c.763 §14; 1991 c.385 §§14,90; 1991 c.650 §3; 1991c.653 §8; 1991 c.734 §32; 1991 c.882 §13; 1993 c.18 §115;1993 c.526 §11; 1993 c.560 §73; 1995 c.584 §5; 2001 c.924§8; 2007 c.302 §§16,17; 2009 c.267 §§1,2]

459.997 [1987 c.706 §44; repealed by 1991 c.882 §17]


PUBLIC HEALTH AND SAFETY


Documents

459Chapter 459 2011 EDITION Solid Waste Management GENERAL PROVISIONS 459.005 Def initions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665 459.007 Applicability