US Laws, Codes, Statutes & Cases

Chapter 466 — Hazardous Waste and Hazardous Materials II

 

2007 EDITION

 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II

 

PUBLIC HEALTH AND SAFETY

 

STORAGE, TREATMENT AND DISPOSAL OF HAZARDOUS WASTE AND PCB

 

(General Provisions)

 

466.005     Definitions for ORS 453.635 and 466.005 to 466.385

 

466.010     Purpose

 

(Administration)

 

466.015     Powers and duties of department

 

466.020     Rules and orders

 

466.025     Duties of commission

 

466.030     Designation of classes of facilities subject to certain provisions

 

466.035     Commission authority to impose standards for hazardous waste or PCB at Oregon facility

 

466.040     Application period for PCB or hazardous waste permit

 

466.045     Application form; contents; fees; renewal application; rules

 

466.050     Citizen advisory committees

 

466.055     Criteria for new facility

 

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

 

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

 

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

 

(Hazardous Waste)

 

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

 

466.069     Hazardous Waste Technical Assistance Fund; uses; limitations

 

466.070     Standards for rules

 

466.075     Rules for generators of hazardous waste

 

466.077     Fee for generators of hazardous waste to obtain identification number

 

466.080     Rules for transportation of hazardous waste

 

466.086     Gaining federal authorization; rules

 

466.090     Inspection and copying of records authorized; exceptions

 

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

 

466.100     Disposal of waste restricted; permit required

 

466.105     Duties of permittee

 

466.107     Action under ORS 466.105 against guarantor

 

466.110     Application; form

 

466.115     Required application information

 

466.120     Required application information to operate site

 

466.125     Notice of hearings on applications

 

466.130     Public hearing in areas of proposed site required

 

466.135     Recommendations by state agencies on applications; effect

 

466.140     Review of applications; issuance

 

466.145     Review of treatment applications; issuance

 

466.150     Permit requirements

 

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

 

466.155     Acquisition by condemnation

 

466.160     Site permit fees; disposition; withdrawal by permittee

 

466.165     Annual fees; use

 

466.168     Annual fee for used oil processor

 

466.170     Revocation of permit; judicial review

 

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

 

466.180     Department authority to limit storage, disposal or treatment

 

466.185     Investigation upon complaint; hearings; orders

 

466.190     Investigation upon motion of department; findings and orders

 

466.195     Monitoring and surveillance program; inspection

 

466.200     Procedure for emergencies

 

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

 

466.208     Requirement to reimburse department for costs associated with implementing corrective action

 

466.210     Actions or proceedings to enforce compliance

 

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

 

466.225     Monitoring site; access

 

(PCB Disposal Facilities)

 

466.250     Definition of “PCB disposal facility”

 

466.255     Disposal of PCB restricted; permit required for PCB disposal facility

 

466.260     Duties of department

 

466.265     Rules for regulation of PCB disposal

 

466.270     Criteria for rules; study of disposal methods

 

466.275     Permit application for PCB disposal facility

 

466.280     Copies of application to be sent to affected state agencies

 

466.285     Notice of hearings on application

 

466.290     Public hearing in area of proposed facility required

 

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

 

466.300     Restrictions on commission authority to issue permit

 

466.305     Investigation of complaints; hearing; order

 

466.310     Monitoring, inspection and surveillance program; access to facility and records

 

466.315     Procedure for emergency

 

466.320     Conditions for holding permit

 

466.325     Annual fee

 

466.330     Acquisition by state of real property for disposal of PCB

 

466.335     Consequences of revocation

 

466.340     Restrictions on treatment or disposal of PCB at facility

 

466.345     PCB facility permit fee

 

466.350     Post-closure permit; fee

 

466.355     Interstate cooperation regarding toxics use and hazardous waste reduction programs

 

466.357     Requirements for certain generators of hazardous waste

 

NOTICE OF ENVIRONMENTAL HAZARDS

 

466.360     Policy

 

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

 

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

 

466.375     Filing of notice; content of notice

 

466.380     Interagency agreement for notices for radioactive waste disposal sites

 

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

 

USE OF PCB

 

466.505     Definitions for ORS 466.505 to 466.530

 

466.510     Sale of items containing concentrations of PCB prohibited; rules; exceptions

 

466.515     Electric transformers or capacitors exempted; rules

 

466.520     Exemption certificates; applications; conditions

 

466.525     Additional PCB compounds may be prohibited by rule

 

466.530     Prohibited disposal of waste containing PCB

 

SPILL RESPONSE AND CLEANUP OF HAZARDOUS MATERIALS

 

466.605     Definitions for ORS 466.605 to 466.680

 

466.610     Department authority relating to cleanup of oil or hazardous material

 

466.615     Limit on commission and department authority over radioactive substances

 

466.620     Emergency response plan

 

466.625     Rulemaking

 

466.630     Commission designation of substance as hazardous material

 

466.635     Report of spill or release of reportable quantity of hazardous material

 

466.640     Strict liability for spill or release; exceptions

 

466.645     Cleanup; failure to complete cleanup

 

466.670     Oil and Hazardous Material Emergency Response and Remedial Action Fund

 

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

 

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

 

OIL STORAGE TANKS

 

(General Provisions)

 

466.706     Definitions for ORS 466.706 to 466.882 and 466.994

 

466.710     Application of ORS 466.706 to 466.882 and 466.994

 

466.715     Legislative findings

 

(Administration)

 

466.720     Statewide underground storage tank program; federal authorization; rules

 

466.725     Limitation on local government regulation

 

466.727     Prohibition on local government tax, fee or surcharge

 

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

 

466.735     Cooperation with Department of Consumer and Business Services and State Fire Marshal

 

466.740     Noncomplying installation prohibited

 

466.743     Training on operation, maintenance and testing; rules

 

466.746     Commission rules; considerations

 

(Licenses; Permits)

 

466.750     License procedure for persons servicing underground tanks

 

466.760     When permit required; who required to sign application

 

466.765     Duty of owner or permittee of underground storage tank

 

466.770     Corrective action required on contaminated site

 

466.775     Grounds for refusal, modification, suspension or revocation of permit

 

466.780     Variance upon petition

 

(Finance)

 

466.783     Installation fee; permit modification fee

 

466.785     Annual storage tank fee; late payment fee

 

466.787     Annual service provider fee; biennial supervisor fee

 

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

 

466.795     Underground Storage Tank Insurance Fund

 

466.800     Records as public records; exceptions

 

(Enforcement)

 

466.805     Site inspection; subpoena or warrant

 

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

 

466.815     Financial responsibility of owner or permittee; rules; legislative review

 

466.820     Reimbursement to department; procedure for collection; treble damages

 

466.825     Strict liability of owner or permittee

 

466.830     Halting tank operation upon clear and immediate danger

 

466.835     Compliance and correction costs as lien; enforcement

 

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

 

(Financial Assistance Programs)

 

466.840     Legislative findings

 

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

 

(Heating Oil Tanks)

 

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

 

466.862     License required to provide heating oil tank services

 

466.868     Licensing requirements; annual fee; registry of licensees; revocation of license

 

466.872     Certification of voluntary decommissioning or approval of corrective action; fee

 

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

466.882     Rules

 

UNDERGROUND STORAGE TANKS HOLDING AIRCRAFT OR MARINE FUEL

 

466.901     Definitions for ORS 466.901 to 466.915

 

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

 

466.905     Eligibility for financial assistance; amount of grants

 

466.907     Rules

 

466.910     Sources of funds; disposition

 

466.913     Fuel Tank Compliance and Corrective Action Fund

 

466.915     Memorandum of understanding with State Marine Board or Department of Transportation

 

466.917     Priority of financial assistance granted by Director of Transportation

 

466.920     Priority for distribution of funds by State Marine Board

 

CIVIL PENALTIES

 

466.990     Civil penalties generally

 

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

 

466.994     Civil penalties for violations of underground storage tank regulations

 

CRIMINAL PENALTIES

 

466.995     Criminal penalties

 

STORAGE, TREATMENT AND DISPOSAL OF HAZARDOUS WASTE AND PCB

 

(General Provisions)

 

      466.005 Definitions for ORS 453.635 and 466.005 to 466.385. As used in ORS 453.635 and 466.005 to 466.385 and 466.992, unless the context requires otherwise:

      (1) “Commission” means the Environmental Quality Commission.

      (2) “Department” means the Department of Environmental Quality.

      (3) “Director” means the Director of the Department of Environmental Quality.

      (4) “Dispose” or “disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that the hazardous waste or any hazardous constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the state as defined in ORS 468B.005.

      (5) “Facility” means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste. “Facility” may consist of one or more treatment, storage or disposal operational units.

      (6) “Generator” means the person, who by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.

      (7) “Hazardous waste” does not include radioactive material or the radioactively contaminated containers and receptacles used in the transportation, storage, use or application of radioactive waste, unless the material, container or receptacle is classified as hazardous waste under paragraph (a), (b) or (c) of this subsection on some basis other than the radioactivity of the material, container or receptacle. Hazardous waste does include all of the following which are not declassified by the commission under ORS 466.015 (3):

      (a) Discarded, useless or unwanted materials or residues resulting from any substance or combination of substances intended for the purpose of defoliating plants or for the preventing, destroying, repelling or mitigating of insects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and rodenticides.

      (b) Residues resulting from any process of industry, manufacturing, trade or business or government or from the development or recovery of any natural resources, if such residues are classified as hazardous by order of the commission, after notice and public hearing. For purposes of classification, the commission must find that the residue, because of its quantity, concentration, or physical, chemical or infectious characteristics may:

      (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

      (B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

      (c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or application of the substances described in paragraphs (a) and (b) of this subsection.

      (8) “Hazardous waste disposal site” means a geographical site in which or upon which hazardous waste is disposed.

      (9) “Hazardous waste storage site” means the geographical site upon which hazardous waste is stored.

      (10) “Hazardous waste treatment site” means the geographical site upon which or a facility in which hazardous waste is treated.

      (11) “Manifest” means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.

      (12) “PCB” has the meaning given that term in ORS 466.505.

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

      (14) “Store” or “storage” means the containment of hazardous waste either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.

      (15) “Transporter” means any person engaged in the transportation of hazardous waste by any means.

      (16) “Treat” or “treatment” means any method, technique, activity or process, including but not limited to neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. [Formerly 459.410; 1987 c.540 §4]

 

      466.010 Purpose. (1)(a) The Legislative Assembly finds that it is in the interest of public health and safety and environment to protect Oregon citizens from the potential harmful effects of the transportation and treatment or disposal of hazardous waste and PCB within Oregon.

      (b) Therefore, the Legislative Assembly declares that it is the purpose of ORS 466.005 to 466.385 and 466.992 to:

      (A) Protect the public health and safety and environment of Oregon to the maximum extent possible;

      (B) Exercise the maximum amount of control over actions within Oregon relating to hazardous waste and PCB transportation and treatment or disposal;

      (C) Limit to the extent possible the treatment or disposal of hazardous waste and PCB in Oregon to materials originating in the states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management under ORS 469.930; and

      (D) Limit to the extent possible the size of any hazardous waste or PCB treatment or disposal facility in Oregon to a size equal to the amount of waste and PCB originating in Oregon, Washington, Idaho and Alaska of the type handled by such a treatment or disposal facility.

      (2) The Legislative Assembly further finds and declares that in the interest of public health and safety and to protect the environment, it is the policy of the State of Oregon to give priority in managing hazardous waste in Oregon to methods that reduce the quantity and toxicity of hazardous waste generated before using methods that reuse hazardous waste, recycle hazardous waste that cannot be reused, treat hazardous waste or dispose of hazardous waste by landfilling. [1985 c.670 §3; 1987 c.540 §4a; 1989 c.833 §95]

 

(Administration)

 

      466.015 Powers and duties of department. The Department of Environmental Quality shall:

      (1) Provide for the administration, enforcement and implementation of ORS 466.005 to 466.385 and 466.992 and may perform all functions necessary:

      (a) To insure the proper management of hazardous waste by generators;

      (b) For the regulation of the operation and construction of hazardous waste treatment, storage and disposal sites; and

      (c) For the permitting of hazardous waste treatment, storage and disposal sites in consultation with the appropriate county governing body or city council.

      (2) Coordinate and supervise all functions of state and local governmental agencies engaged in activities subject to the provisions of ORS 466.005 to 466.385 and 466.992.

      (3) After notice and public hearing pursuant to ORS chapter 183, declassify as hazardous waste those substances described in ORS 466.005 (7) which the Environmental Quality Commission finds, after deliberate consideration, taking into account the public health, welfare or safety or the environment, have been properly treated or decontaminated or contain a sufficiently low concentration of hazardous material so that such substances are no longer hazardous. [Formerly 459.430; 1987 c.540 §5]

 

      466.020 Rules and orders. In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall:

      (1) Adopt rules and issue orders thereon, including but not limited to establishing minimum requirements for the treatment, storage and disposal of hazardous wastes, minimum requirements for operation, maintenance, monitoring, reporting and supervision of treatment, storage or disposal sites, and requirements and procedures for selection of such sites.

      (2) Adopt rules and issue orders thereon relating to the procedures of the Department of Environmental Quality to hearings, filing of reports, submission of plans and the issuance, revocation and modification of permits issued under ORS 466.005 to 466.385 and 466.992.

      (3) Adopt rules and issue orders thereon to classify as hazardous waste those residues defined in ORS 466.005 (7)(b).

      (4) Adopt rules and issue orders thereon relating to reporting by generators of hazardous waste concerning type, amount and disposition of such hazardous waste and waste minimization activities. Rules may be adopted exempting certain classes of generators from such requirements.

      (5) Adopt rules and issue orders relating to the transportation of hazardous waste by air or water.

      (6) Adopt rules and issue orders relating to the production, marketing, distribution, transportation and burning of fuels containing or derived from hazardous waste.

      (7) Adopt rules and issue orders relating to corrective action, including corrective action within the facility or beyond the facility boundary if necessary to protect public health or the environment, for all releases of hazardous waste or constituents of hazardous waste occurring from locations within the facility or originating within the facility and releasing beyond the facility boundary, from any hazardous waste treatment, storage or disposal facility, regardless of the time the hazardous waste was placed in the facility.

      (8) Adopt rules and issue orders relating to the restriction or prohibition of nonhazardous liquid waste in a hazardous waste disposal site.

      (9) Adopt rules necessary to implement the certification requirements of ORS 466.357. [Formerly 459.440; 1987 c.540 §6; 1989 c.833 §112]

 

      466.025 Duties of commission. In order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the Environmental Quality Commission shall:

      (1) Limit the number of facilities disposing of or treating hazardous waste or PCB;

      (2) Establish classes of hazardous waste or PCB that may be disposed of or treated;

      (3) Designate the location of a facility designed to dispose of or treat hazardous waste or PCB; and

      (4) Limit to the extent otherwise allowed by law, the hazardous waste or PCB accepted for treatment or disposal at a facility first to hazardous waste or PCB originating in Oregon, or if the capacity of the facility as established under ORS 466.055 allows, or it is necessary for the commission to receive and maintain state authorization of a hazardous waste regulatory program under P.L. 94-580 and P.L. 98-616, to states that are parties to the Northwest Interstate Compact on Low-Level Radioactive Waste Management as set forth in ORS 469.930. [1985 c.670 §4]

 

      466.030 Designation of classes of facilities subject to certain provisions. The Environmental Quality Commission may, by rule, designate classes of facilities designed to treat or dispose of hazardous waste or PCB that shall be subject to the provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.320. [1985 c.670 §8]

 

      466.035 Commission authority to impose standards for hazardous waste or PCB at Oregon facility. The Environmental Quality Commission may impose specific standards for the range and type of hazardous waste or PCB treated or disposed of at a facility in order to protect the public health and safety and environment of Oregon. [1985 c.670 §9]

 

      466.040 Application period for PCB or hazardous waste permit. Whenever the Environmental Quality Commission finds there is a need for an additional hazardous waste or PCB treatment or disposal facility according to the criteria established in ORS 466.055, the commission shall establish an application period during which persons may apply for a PCB disposal facility permit according to the provisions of ORS 466.260 to 466.285 or a hazardous waste disposal facility permit under ORS 466.005 to 466.385 and 466.992. [1985 c.670 §10; 1987 c.540 §16]

 

      466.045 Application form; contents; fees; renewal application; rules. (1) Upon request, the Department of Environmental Quality shall furnish an application form to any person interested in developing or constructing a hazardous waste or PCB treatment or disposal facility or a hazardous waste storage facility. Each such form shall contain:

      (a) The name and address of the applicant.

      (b) A statement of financial condition of the applicant, including assets, liabilities and net worth.

      (c) The experience of the applicant in construction, management, supervision or development of hazardous waste or PCB treatment or disposal facilities and in the handling of such substances.

      (2) The department shall also require the submission of such information relating to the construction, development or establishment of a proposed hazardous waste or PCB treatment or disposal site and facilities to be operated in conjunction therewith, and such additional information, data and reports as it deems necessary to make a decision on granting or denying a permit.

      (3) If the application is for a new permit