There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 459
- 459.005 Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665.
- 459.007 Applicability of ORS 459.005 to wood residue.
- Note: 459.007 was added to and made a part of ORS chapter 459 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 459.010 [1967 c.428 2; 1969 c.593 42; repealed by 1971 c.648 33]
- 459.015 Policy.
- 459.017 Relationship of state to local governments in solid waste management.
- 459.020 [1967 c.248 1; repealed by 1971 c.648 33] STATE ADMINISTRATION
- 459.025 General powers and duties of department.
- 459.030 [1967 c.428 3; 1969 c.593 43; repealed by 1971 c.648 33]
- 459.035 Assistance in development and implementation of solid waste management plans and practices and recycling programs.
- 459.040 [1967 c.428 4; 1969 c.593 44; repealed by 1971 c.648 33]
- 459.045 Rules.
- 459.046 Solid waste regulatory program; federal approval.
- 459.047 Landfill assistance from department; solid waste disposal site certificate for landfill; effect of issuance.
- Note: Operation of the amendments to 459.047 by section 10, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user s convenience.
- 459.047. Upon request by a city or county responsible for implementing a department approved solid waste management plan which identifies a need for a landfill, and subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall: (1) Assist the local government unit in the establishment of the landfill including assisting in planning, location, acquisition, development and operation of the site. (2) Locate a site and issue a solid waste disposal permit under ORS 459.205 to 459.385 for a landfill within the boundaries of the requesting local government unit. Subject to the conditions set forth in the permit and except for permit decisions delegated by the federal government to the Department of State Lands, any permit for a landfill authorized by the Environmental Quality Commission under this subsection shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the proposed facility. Except for those statutes and rules for which compliance decisions have been delegated by the federal government to the Department of State Lands, all affected state agencies, counties, cities and political subdivisions shall issue the appropriate permits, licenses and certificates necessary to construction and operation of the landfill, subject only to condition of the site certificate. Each state or local government agency that issues a permit, license or certificate shall continue to exercise enforcement authority over such permit, license or certificate.
- 459.049 Mandated landfills in certain counties; establishment by state.
- 459.050 [1967 c.428 5; 1969 c.593 45; repealed by 1971 c.648 33]
- 459.051 Procedural rules.
- 459.053 Powers of department regarding landfills.
- 459.055 Landfills in farm use areas; waste reduction programs.
- 459.057 Department to limit wastes allowed in landfills in certain counties.
- 459.060 [1967 c.428 6; 1969 c.593 46; repealed by 1971 c.648 33] LOCAL ADMINISTRATION
- 459.065 State preemption; intergovernmental agreements authorized.
- 459.070 [1967 c.428 7; 1969 c.593 47; repealed by 1971 c.648 33]
- 459.075 Acquisition of property for disposal sites by cities and counties.
- 459.080 [1967 c.428 8; repealed by 1971 c.648 33]
- 459.085 County authority outside cities; effect of annexation; interagency agreements.
- 459.095 Restrictions on authority of local government units.
- 459.105 Regulations on use of disposal sites.
- 459.108 Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805.
- Note: 459.108 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459.109 Effect of certain laws on cities and counties.
- Note: 459.109 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 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 ADMINISTRATION
- 459.112 Findings; fee for disposal of solid waste generated outside region.
- 459.114 Out-of-region fee differential.
- 459.116 [1991 c.765 5; 1993 c.560 18; repealed by 1997 c.807 2]
- 459.118 Study of transportation routes and modes of transportation for transport of out-of-region solid waste.
- 459.120 [1969 c.509 2; 1971 c.648 29; repealed by 1981 c.81 3]
- 459.121 Legislative committee hearing on transportation study.
- 459.125 Authority of Marion County over products or by-products of county disposal sites.
- 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 over private facility in county.
- 459.140 [1969 c.509 4; 1975 c.239 5; repealed by 1981 c.81 3]
- 459.145 Limits on Marion County authority.
- 459.150 [1969 c.509 5; 1975 c.239 6; repealed by 1981 c.81 3]
- 459.153 Intent not to discourage recycling.
- 459.155 [1975 c.239 8; 1979 c.772 23; repealed by 1981 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; renumbered 459A.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 SITES
- 459.205 Permit required.
- 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 from permit requirement; rules.
- 459.220 [1969 c.90 1; repealed by 1971 c.648 33]
- 459.225 Variances authorized.
- 459.230 [1969 c.90 3; repealed by 1971 c.648 33]
- 459.235 Applications for permits; fees.
- 459.236 Additional permit fees for remedial action or removal; amount; utilization; eligibility of local governments.
- Note: 459.236 was added to and made a part of ORS 459.005 to 459.426 by legislative action but was not added to any smaller series therein. See Preface to Oregon 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.
- 459.247 Prohibition on disposal of certain solid waste at disposal site.
- Note: The amendments to 459.247 by section 10, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459.247. (1) No person shall dispose of and no disposal site operator shall knowingly accept for disposal the following types of solid waste at a solid waste 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, except that covered electronic device does not include a computer peripheral or a printer as those items are defined in ORS 459A.305; and (b) Used oil has the meaning given that term in ORS 459A.555. (3) Nothing in this section shall prohibit a disposal site operator from accepting and storing, for purposes of recycling or recovering, any of the types of solid waste listed in subsection (1) of this section. (4) The Environmental Quality Commission may postpone the prohibition under subsection (1)(f) of this section in any area of this state where the commission determines there is an inadequate system for the collection, transportation and recycling of covered electronic devices. (5)(a) Each disposal site operator shall establish and implement, in accordance with any permit requirements established by the Department of Environmental Quality, a program reasonably designed to prevent acceptance of covered electronic devices for disposal. If an operator operates the disposal site in conformity with the program, the operator is presumed to have complied with the provisions of this section that prohibit knowingly accepting covered electronic devices for disposal. (b) This section does not prevent the disposal site operator from accepting and storing, for purposes of recycling, reusing or refurbishing, covered electronic devices.
- 459.248 Cleanup of hazardous substance contaminating ground water.
- 459.250 Place for collecting source separated recyclable material required for disposal site permit.
- 459.255 Suspension or revocation of permits.
- 459.265 Hearings; appeal.
- 459.268 Closure of land disposal site.
- 459.270 Renewal of permit prior to proposed closure of disposal site.
- 459.272 Evidence of financial assurance for land disposal site.
- 459.273 Disposition of excess moneys and interest received for financial assurance.
- 459.275 [1971 c.648 13; repealed by 1973 c.826 3 (459.276 enacted in lieu of 459.275); 1973 c.835 145; see 459.277]
- 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 459.284 and 459.290.
- 459.284 Use of disposal site fees.
- 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 rehabilitation and enhancement advisory committee.
- 459.292 [1989 c.833 150; renumbered 459A.100 in 1991]
- 459.293 [1989 c.833 151; renumbered 459A.105 in 1991]
- 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 in 1991]
- 459.297 [1989 c.833 155; 1993 c.560 36; repealed by 1995 c.576 6]
- 459.298 [1989 c.833 156; 1995 c.79 273; repealed by 1995 c.576 6]
- 459.300 [1987 c.876 5; repealed by 1993 c.560 107]
- 459.305 Certification or demonstration that government unit has implemented opportunity to recycle; rules; fee.
- 459.310 Surcharge on solid waste disposal; surcharge use.
- 459.311 Charge for remedial action or removal; amount; collection; allocation.
- 459.315 Definitions for ORS 459.315 to 459.330.
- 459.320 Regional disposal site advisory committee; membership; terms.
- 459.325 Duties of regional disposal site advisory committee.
- 459.330 Notification of advisory committee by regional disposal site permittee.
- 459.335 Use of fees collected by the metropolitan service district.
- 459.340 Implementation of the solid waste reduction program by metropolitan service district.
- 459.345 Metropolitan service district report to commission.
- 459.350 Commission review of metropolitan service district report.
- 459.355 [1987 c.876 16; 1993 c.560 43; repealed by 1997 c.552 40] LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS
- Note: Sections 12 to 16 and 18, chapter 653, Oregon Laws 1991, provide:
- Sec. 12.
- Sec. 13.
- Sec. 14.
- Sec. 15.
- Sec. 16.
- Sec. 18.
- 459.376 Action to enforce rules or orders.
- 459.385 Entry upon private premises authorized; access to records.
- 459.386 Definitions for ORS 459.386 to 459.405.
- 459.387 Policy.
- 459.388 Restrictions on discarding, storing or transporting infectious waste.
- 459.390 Procedures for segregation and containment of infectious waste; exemption.
- 459.395 Treatment of infectious wastes; rules.
- 459.398 Rules.
- 459.400 Exceptions.
- 459.405 Transport of infectious waste; certification; records.
- 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 QUANTITY GENERATOR HAZARDOUS WASTE
- 459.411 Policy.
- 459.412 Definition for ORS 459.411 to 459.417.
- 459.413 Household hazardous waste depots; location; promotion program.
- 459.415 Department approval for collection activity required; written proposal.
- 459.417 Statewide household hazardous waste public education program.
- 459.418 Contract for statewide collection of household hazardous waste.
- 459.419 [1991 c.385 38; 1993 c.560 54; renumbered 459A.695 in 1993] BATTERIES
- 459.420 Permitted lead-acid battery disposal; disposal by retailers.
- 459.422 Acceptance of used batteries by retailers and wholesalers.
- 459.426 Notice to customers.
- 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; renumbered 466.015]
- 459.431 Definitions for ORS 459.431 to 459.437.
- 459.432 Policy.
- 459.433 Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.
- 459.434 [1991 c.653 3; repealed by 1995 c.597 6]
- 459.435 Prohibition on sale or promotion of button cell mercuric oxide batteries.
- 459.436 [1991 c.653 4; 1995 c.597 5; repealed by 1997 c.552 40]
- 459.437 Requirements for sale or promotion of mercuric oxide batteries.
- 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; renumbered 466.140]
- 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; renumbered 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 DISPOSAL
- 459.705 Definitions for ORS 459.705 to 459.790.
- 459.708 Waste tire generator; requirements.
- Note: 459.708 was added to and made a part of 459.705 to 459.790 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 459.710 Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception.
- 459.712 Transport without carrier permit prohibited; exceptions.
- Note: 459.712 was added to and made a part of 459.705 to 459.790 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 459.715 Storage prohibited; exceptions.
- 459.720 Conditions for storage site permit.
- 459.725 Application for storage site operator or carrier.
- 459.730 Information in application for storage site permit; carrier permit; fees; bond.
- 459.735 Notification of permit application in county of proposed disposal site.
- 459.740 Hearing on site permit application.
- 459.745 Department action on application; appeal.
- 459.750 Storage site and carrier permit fees.
- 459.755 Revocation of storage site or carrier permit.
- 459.760 Monitoring and inspection of waste tire carriers and storage site; access to site and records.
- 459.765 Department use of fees.
- 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 recovery.
- Note: 459.772 was added to and made a part of 459.705 to 459.790 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 459.775 Waste Tire Recycling Account; uses.
- 459.780 Tire removal or processing plan; financial assistance; department abatement.
- 459.785 Rules.
- 459.790 Exceptions to ORS 459.705 to 459.785.
- 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] MISCELLANEOUS
- 459.900 Thermostats and motor vehicle switches containing mercury; disposal; findings.
- Note: 459.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
- 459.990 [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; license suspension and revocation.
- 459.995 Civil penalties.
- 459.997 [1987 c.706 44; repealed by 1991 c.882 17] _______________
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