Chapter 459 — Chapter 459

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

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

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

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ORS 459.705 Definitions for ORS 459.705 to 459.790. As used in ORS 459.705 to 459.790

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ORS 459.708 Waste tire generator; requirements. (1) Any person who generates waste tires shall either

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ORS 459.710 Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception. (1) Except as provided in subsection (2) of this section, no person shall dispose of waste tires in a disposal site, as defined in ORS 459.005

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ORS 459.712 Transport without carrier permit prohibited; exceptions. (1) No person shall collect or transport waste tires for the purpose of storage, processing or disposal or purport to be in the business of collecting or transporting waste tires unless the person has a waste tire carrier permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790

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

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ORS 459.720 Conditions for storage site permit. (1) Each waste tire storage site permittee shall be required to do the following as a condition to holding the permit

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ORS 459.725 Application for storage site operator or carrier. (1) The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a waste tire storage site or to be a waste tire carrier

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ORS 459.730 Information in application for storage site permit; carrier permit; fees; bond. (1) Permit applications submitted to the Department of Environmental Quality for operating a waste tire storage site shall contain the following

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ORS 459.735 Notification of permit application in county of proposed disposal site. (1) Following the submittal of a waste tire storage site permit application, the Director of the Department of Environmental Quality shall cause notice to be given in the county where the proposed site is located in a manner reasonably calculated to notify interested persons of the permit application

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ORS 459.740 Hearing on site permit application. The Department of Environmental Quality may conduct a public hearing in the county where a proposed waste tire storage site is located and may conduct hearings at other places as the department considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application. [1987 c.706 §8]

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ORS 459.745 Department action on application; appeal. Based upon the review by the Department of Environmental Quality of the waste tire storage site or waste tire carrier permit application, and any public comments received by the department, the Director of the Department of Environmental Quality shall issue or deny the permit. The director’s decision shall be subject to appeal to the Environmental Quality Commission and judicial review under ORS chapter 183. [1987 c.706 §9]

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ORS 459.750 Storage site and carrier permit fees. A fee may be required from every person for whom a permit is issued under ORS 459.745. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate, less any federal funds budgeted therefor by legislative action, to carry on the monitoring, inspection and surveillance program established under ORS 459.760 and to cover related administrative costs. [1987 c.706 §10; 1993 c.560 §64]

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ORS 459.755 Revocation of storage site or carrier permit. The Director of the Department of Environmental Quality may revoke any permit issued under ORS 459.745 upon a finding that the permittee has violated any provision of ORS 459.705 to 459.790 or rules adopted pursuant thereto or any material condition of the permit, subject to appeal to the Environmental Quality Commission and judicial review under ORS chapter 183. [1987 c.706 §11; 1993 c.560 §65]

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ORS 459.760 Monitoring and inspection of waste tire carriers and storage site; access to site and records. The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all waste tire storage sites and all waste tire carriers or may contract with any qualified public or private agency to do so. After reasonable notice, waste tire carriers and owners and operators of storage sites must allow the department necessary access to the site of waste tire storage and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. [1987 c.706 §12; 1993 c.560 §66]

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ORS 459.765 Department use of fees. Fees received by the Department of Environmental Quality pursuant to ORS 459.730 and 459.750 shall be deposited in the State Treasury and credited to the department and are continuously appropriated to carry out the permitting program under ORS 459.705 to 459.790. [1987 c.706 §12a; 1993 c.560 §67]

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

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ORS 459.772 Use of processed, source-separated waste tires for energy recovery. Notwithstanding any other provision of ORS 459.015, for purposes of encouraging the use of waste tires under ORS 459.705 to 459.790, the use of processed, source-separated waste tires having a positive market value as a new product to recover energy shall be considered recycling under ORS 459.015 (2)(c)(C). [1991 c.882 §4; 2021 c.681 §56]

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ORS 459.775 Waste Tire Recycling Account; uses. (1) The Waste Tire Recycling Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Department of Revenue under ORS 459.504 to 459.619 (1989 Edition) shall be deposited to the credit of the account

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ORS 459.780 Tire removal or processing plan; financial assistance; department abatement. (1) The Department of Environmental Quality, as a condition of a waste tire storage site permit issued under ORS 459.745, may require the permittee to remove or process the waste tires according to a plan approved by the department

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ORS 459.785 Rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 459.705 to 459.790

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ORS 459.790 Exceptions to ORS 459.705 to 459.785. Except for the purposes of waste tire removal under ORS 459.780 (2) and (4) to (8), the provisions of ORS 459.705 to 459.785 do not apply to

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ORS 459.810 [1971 c.745 §1; renumbered 459A.700 in 1991]

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ORS 459.820 [1971 c.745 §2; renumbered 459A.705 in 1991]

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ORS 459.830 [1971 c.745 §3; 1973 c.758 §1; renumbered 459A.710 in 1991]

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ORS 459.840 [1971 c.745 §4; 1973 c.758 §2; 1981 c.513 §1; renumbered 459A.715 in 1991]

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ORS 459.850 [1971 c.745 §5; 1977 c.151 §1; 1977 c.157 §1; 1979 c.188 §1; renumbered 459A.720 in 1991]

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ORS 459.860 [1971 c.745 §6; 1973 c.693 §1; renumbered 459A.725 in 1991]

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ORS 459.870 [1971 c.745 §7; renumbered 459A.730 in 1991]

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ORS 459.880 [1971 c.745 §8; 1973 c.758 §3; renumbered 459A.735 in 1991]

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

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ORS 459.900 Thermostats and motor vehicle switches containing mercury; disposal; findings. (1) The Legislative Assembly finds that mercury is a potent neurotoxin that can cause long-lasting health problems. In order to reduce the amount of mercury entering the environment from the solid waste stream

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ORS 459.990 [1967 c.428 §16; 1969 c.593 §48; subsection (2) enacted as 1969 c.509 §6; repealed by 1971 c.648 §33]

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ORS 459.992 Criminal penalties; license suspension and revocation. (1) The following are Class A misdemeanors

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ORS 459.993 Penalties for violation of ORS 459A.757. (1) Notwithstanding ORS 153.018 (3), a violation of ORS 459A.757 by a restaurant or retail establishment, as those terms are defined in ORS 459A.755, is a Class D violation subject to a maximum fine of $250

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ORS 459.995 Civil penalties. (1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law

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

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