Chapter 459 — Chapter 459
239 sections in this chapter.
ORS 459.335 Use of fees collected by the metropolitan service district. Notwithstanding any other provision of ORS 268.330, the metropolitan service district shall use moneys collected by the district as service or user fees for solid waste disposal for
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(1) Activities of the metropolitan service district related to solid waste, including activities of regional concern that are directly related to reducing the environmental impact from the generation, collection, transportation, processing and disposal of solid waste; and (2) Pla…
ORS 459.340 Implementation of the solid waste reduction program by metropolitan service district. (1) The metropolitan service district shall implement the provisions of the solid waste reduction program as adopted by the metropolitan service district
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(2) Before the metropolitan service district council amends the district’s solid waste reduction program, the district shall submit the proposed amendment to the Department of Environmental Quality for review and comment. [1987 c.876 §13; 1993 c.560 §41]
ORS 459.345 Metropolitan service district report to commission. (1) In conjunction with and on the same schedule as the report required under ORS 459A.050 (1)(a), the metropolitan service district shall report to the Environmental Quality Commission on the implementation of its solid waste reduction program as approved or as amended in accordance with ORS 459.340
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(2) The report submitted by the metropolitan service district under this section shall be in writing and shall include, but need not be limited to: (a) The current status of implementation of the metropolitan service district’s solid waste reduction program including the use of d…
ORS 459.350 Commission review of metropolitan service district report. The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 to determine
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(1) Whether the district’s activities related to solid waste disposal comply with the district’s solid waste reduction program and any goals established by the district in previous reports submitted under ORS 459.345; and (2) Whether the program and all disposal sites operated by…
ORS 459.355 [1987 c.876 §16; 1993 c.560 §43; repealed by 1997 c.552 §40]
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LIMITATION ON DISPOSAL OF CERTAIN RADIOACTIVE MATERIALS Note: Sections 12 to 16 and 18, chapter 653, Oregon Laws 1991, provide: Sec. 12. (1) The Legislative Assembly finds and declares: (a) It is the policy of this state to minimize the release to the environment of radioactive m…
ORS 459.376 Action to enforce rules or orders. (1) The Environmental Quality Commission may take whatever action is appropriate for the enforcement of its rules or orders
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(2) The commission may institute proceedings to enforce compliance with or restrain violations of ORS chapters 459 and 459A, or any rule, standard, permit or order adopted, entered or issued pursuant to ORS chapters 459 and 459A. [Formerly 459.276; 1993 c.560 §44]
ORS 459.385 Entry upon private premises authorized; access to records. Personnel of the Department of Environmental Quality or a local health department, authorized environmental health specialists or other authorized personnel of a city or county may enter upon the premises of any person regulated under ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 and 466.992 or under regulations adopted pursuant to ORS 450.075, 450.810, 450.820 and 451.570, at reasonable times, to determine compliance 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 and 466.992 and any rules or regulations adopted pursuant thereto. The department shall also have access to any pertinent records, including but not limited to blueprints, operation and maintenance records and logs, operating rules and procedures. As used in this section, “pertinent records” does not include financial information unless otherwise authorized by law. [Formerly 459.285; 1993 c.526 §9; 1993 c.560 §45; 2003 c.547 §114; 2015 c.736 §99]
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INFECTIOUS WASTE DISPOSAL
ORS 459.386 Definitions for ORS 459.386 to 459.405. As used in ORS 459.386 to 459.405
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(1) “Biological waste” includes blood and blood products, excretions, exudates, secretions, suctionings and other body fluids that cannot be directly discarded into a municipal sewer system, and waste materials saturated with blood or body fluids, but does not include diapers soi…
ORS 459.387 Policy. The Legislative Assembly finds and declares that
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(1) The collection, transportation, storage, treatment and disposal of infectious waste in a manner that protects the health, safety and welfare of the workers who handle the waste and of the public is a matter of statewide concern. (2) The public health, safety and welfare is be…
ORS 459.388 Restrictions on discarding, storing or transporting infectious waste. (1) No person who generates infectious waste shall discard or store such waste except as provided in ORS 459.390
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(2) No person shall transport infectious waste other than infectious waste that is an incidental part of other solid waste except as provided in ORS 459.390 (6) and 825.256. [1989 c.763 §4]
ORS 459.390 Procedures for segregation and containment of infectious waste; exemption. (1)(a) Except as provided in paragraph (b) of this subsection, infectious waste shall be segregated from other wastes by separate containment at the point of generation
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(b) A person may consolidate sharps and waste pharmaceuticals into a single container, which may be reusable, provided that: (A) The container satisfies the requirements of subsection (3) of this section; and (B) The entire contents of the container are managed as infectious wast…
ORS 459.395 Treatment of infectious wastes; rules. (1) Pathological wastes shall be treated by incineration in an incinerator that provides complete combustion of waste to carbonized or mineralized ash. The ash shall be disposed of as provided in rules adopted by the Environmental Quality Commission. However, if the Department of Environmental Quality determines that incineration is not reasonably available within a wasteshed, pathological wastes may be disposed of in the same manner provided for cultures and stocks
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(2) Cultures and stocks shall be incinerated as described in subsection (1) of this section or sterilized by other means prescribed by Oregon Health Authority rule. Sterilized waste may be disposed of in a permitted land disposal site if it is not otherwise classified as hazardou…
ORS 459.398 Rules. The Environmental Quality Commission may adopt rules for storage and handling of infectious waste at a solid waste disposal site. [1989 c.763 §7]
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[Repealed or reserved.]
ORS 459.400 Exceptions. The requirements of ORS 459.386 to 459.405 do not apply to
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(1) Waste, other than sharps, that is: (a) Generated in the practice of veterinary medicine; and (b) Not capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. (2) The following, released by…
ORS 459.405 Transport of infectious waste; certification; records. Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall
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(1) Provide written certification to a person who discards more than 50 pounds per month of infectious waste that such waste will be disposed of in compliance with the provisions of ORS 459.386 to 459.405; and (2) Maintain records showing the point of origin and date and place of…
ORS 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]
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HOUSEHOLD AND SMALL QUANTITY GENERATOR HAZARDOUS WASTE
ORS 459.411 Policy. (1) The Legislative Assembly finds
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(a) Individuals have limited opportunities to properly manage household hazardous waste; (b) Businesses that are conditionally exempt small quantity generators of hazardous waste do not have feasible options for the management of hazardous waste; and (c) The disposal of household…
ORS 459.412 Definition for ORS 459.411 to 459.417. As used in ORS 459.411 to 459.417, “conditionally exempt small quantity generator” means a person who generates a hazardous waste but is conditionally exempt from certain regulations because the waste is generated in quantities below the threshold adopted by the Environmental Quality Commission pursuant to ORS 466.020. [1993 c.560 §49]
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[Repealed or reserved.]
ORS 459.413 Household hazardous waste depots; location; promotion program. (1) The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be
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(a) Developed at geographically diverse locations throughout the district; and (b) Located and operationally designed to conveniently receive household hazardous waste from the general public on an ongoing basis. (2) In conjunction with establishing permanent depots under subsect…
ORS 459.415 Department approval for collection activity required; written proposal. (1) Before any local government operates a permanent collection depot or periodic collection events for household hazardous waste or hazardous waste generated by conditionally exempt small quantity generators, the local government shall receive written approval from the Department of Environmental Quality
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(2) In requesting written approval from the department, a local government unit proposing to operate a permanent collection depot or periodic collection events shall submit a detailed proposal. The proposal shall include at least the following information: (a) Measures to be take…
ORS 459.417 Statewide household hazardous waste public education program. The Department of Environmental Quality shall implement a statewide household hazardous waste public education program. The program shall include but need not be limited to providing information about
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(1) Alternatives to disposal of household hazardous waste at solid waste disposal sites; (2) Methods of reusing or recycling household hazardous waste; and (3) Alternatives to the use of products that lead to the generation of household hazardous waste. [1989 c.833 §76]
ORS 459.418 Contract for statewide collection of household hazardous waste. The Department of Environmental Quality may contract with a hazardous waste collection service to provide for the statewide collection of household hazardous waste. As used in this section, “hazardous waste collection service” means a service that collects hazardous waste from conditionally exempt small quantity generators and from households. [1991 c.385 §51; 1993 c.560 §53]
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[Repealed or reserved.]
ORS 459.419 [1991 c.385 §38; 1993 c.560 §54; renumbered 459A.695 in 1993]
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BATTERIES
ORS 459.420 Permitted lead-acid battery disposal; disposal by retailers. (1) No person may place a used lead-acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead-acid battery in this state except by delivery to a lead-acid battery retailer or wholesaler, to a collection or recycling facility authorized under ORS 459.005 to 459.437 or to a secondary lead smelter permitted by a state or the United States Environmental Protection Agency
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(2) No lead-acid battery retailer shall dispose of a used lead-acid battery in this state except by delivery to the agent of a battery wholesaler, to a battery manufacturer for delivery to a secondary lead smelter permitted by a state or the United States Environmental Protection…
ORS 459.422 Acceptance of used batteries by retailers and wholesalers. (1) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the State of Oregon shall accept used lead-acid batteries of the same type purchased from a customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by the customer
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(2) Any person selling new lead-acid batteries at wholesale shall accept used lead-acid batteries of the same type from any customer at the point of transfer in a quantity at least equal to the number of new batteries purchased, if offered by a customer. (3) A person accepting ba…
ORS 459.426 Notice to customers. (1) Any person selling new lead-acid batteries shall post in each area where lead-acid batteries are sold a clearly visible and legible sign stating that
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(a) Lead-acid batteries cannot be disposed of in household solid waste or mixed municipal waste, but must be recycled; and (b) The dealer will accept used lead-acid batteries of the same type sold by the dealer. (2) If a person selling new lead-acid batteries requires a customer …
ORS 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]
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[Repealed or reserved.]
ORS 459.431 Definitions for ORS 459.431 to 459.437. As used in ORS 459.431 to 459.437
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(1) “Alkaline manganese battery” means a battery consisting of manganese dioxide positive electrode material, zinc negative electrode material, and an alkaline electrolyte. (2) “Battery” means one or more cells, each consisting of a positive electrode, a negative electrode, and a…
ORS 459.432 Policy. (1) The Legislative Assembly finds and declares that
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(a) Batteries have come to play an important role in the advancement of social, medical and economic concerns. (b) It is important to advance environmental interests without unnecessary interference with, or complications of, local, interstate and international commerce to the de…
ORS 459.433 Limitation on sale or promotion of alkaline manganese or zinc carbon batteries. (1) Except as otherwise provided in subsections (2) and (3) of this section, no person shall sell, offer for sale or offer for promotional purposes
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(a) Any alkaline manganese battery manufactured on or after January 1, 1996, containing intentionally introduced mercury. (b) Any zinc carbon battery manufactured on or after January 1, 1996, containing intentionally introduced mercury. (2) On and after January 1, 1996, a person …
ORS 459.434 [1991 c.653 §3; repealed by 1995 c.597 §6]
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[Repealed or reserved.]
ORS 459.435 Prohibition on sale or promotion of button cell mercuric oxide batteries. A person may not sell, offer for sale or offer for promotional purposes any button cell mercuric oxide battery for use in Oregon. [1995 c.597 §3; 2005 c.22 §333]
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[Repealed or reserved.]
ORS 459.436 [1991 c.653 §4; 1995 c.597 §5; repealed by 1997 c.552 §40]
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[Repealed or reserved.]
ORS 459.437 Requirements for sale or promotion of mercuric oxide batteries. (1) A person may not sell, offer for sale or offer for promotional purposes a mercuric oxide battery for use in Oregon unless the battery manufacturer
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(a) Identifies a collection site that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal; (b) Informs each person who purchases the manufacturer’s mercuric oxide batteries of the collection site identi…
ORS 459.438 [1991 c.653 §5; repealed by 1995 c.597 §6]
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[Repealed or reserved.]
ORS 459.439 [1991 c.653 §6; repealed by 1993 c.560 §107]
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[Repealed or reserved.]
ORS 459.440 [1971 c.699 §3a; 1973 c.835 §148; 1977 c.867 §3; 1981 c.709 §5a; renumbered 466.020]
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[Repealed or reserved.]
ORS 459.442 [1981 c.709 §20; renumbered 466.070]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 459.450 [1971 c.699 §16a; 1973 c.835 §150; 1977 c.867 §4; renumbered 466.080]
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[Repealed or reserved.]
ORS 459.455 [1983 c.703 §2; 1985 c.735 §2; renumbered 466.085]
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[Repealed or reserved.]
ORS 459.460 [1971 c.699 §21; 1973 c.835 §149; 1981 c.709 §7; renumbered 466.090]
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FOODWARE CONTAINERS AND POLYSTYRENE FOAM
ORS 459.465 Definitions for ORS 459.465 to 459.474. As used in ORS 459.465 to 459.474
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(1) “Food vendor” means a business, organization or other person that sells prepared food or offers prepared food for sale to the public, including, but not limited to, a store, shop or other sales outlet, a restaurant, a delicatessen or a cart, truck or other vehicle from which …
ORS 459.468 Prohibition on use of polystyrene foam containers by food vendor. A food vendor may not use a polystyrene foam container in selling, offering for sale, serving or dispensing prepared food to a consumer. [2023 c.73 §2]
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Note: See note under 459.465.
ORS 459.471 Prohibition on sale of polystyrene foam containers and packaging peanuts. A person may not sell, offer for sale or distribute in or into this state polystyrene foam containers or polystyrene foam packaging peanuts. [2023 c.73 §3]
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Note: See note under 459.465.
ORS 459.474 Prohibition on sale of foodware containers containing perfluoroalkyl or polyfluoroalkyl substances. A person may not sell, offer for sale, or distribute in or into this state a foodware container containing intentionally added perfluoroalkyl or polyfluoroalkyl substances. [2023 c.73 §4]
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Note: See note under 459.465.
ORS 459.477 Rules. The Environmental Quality Commission may adopt rules necessary to implement ORS 459.465 to 459.474. [2023 c.73 §5]
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Note: See note under 459.465. FLUORESCENT LAMPS
ORS 459.485 Prohibition on sale of fluorescent lamps. (1) As used in this section and ORS 459.488, “compact fluorescent lamp” and “linear fluorescent lamp” have the meanings given those terms in the California Health and Safety Code, Division 104, Part 3, chapter 16, section 109020, as in effect on September 24, 2023
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(2) On or after January 1, 2024, a person may not sell, offer to sell or distribute in or into this state a screw- or bayonet-base type compact fluorescent lamp as a new manufactured product. (3) On or after January 1, 2025, a person may not sell, offer to sell or distribute in o…
ORS 459.488 ORS 459.485 does not apply to
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(1) A lamp used for image capture and projection, including photocopying, printing, directly or in preprocessing, lithography, film and video projection and holography. (2) A lamp that has a high proportion of ultraviolet light emission and is one of the following: (a) A lamp wit…
ORS 459.491 Rules. The Environmental Quality Commission may adopt rules necessary to enforce ORS 459.485 and 459.488. [2023 c.410 §3]
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Note: See note under 459.485.