Title 36A, Housing; Lottery and Games; Environment

(1) At least five years before the proposed closure of a land disposal site, the person holding the disposal site permit shall apply to renew the permit. (a) A permit renewed under this subsection shall be issued for the period including the remaining time of operation of the dis…

(1) Unless exempted under rules adopted by the Environmental Quality Commission under ORS 459.045, an owner or operator of a land disposal site shall maintain cost estimates of the amount of financial assurance that is necessary and demonstrate evidence of financial assurance for…

An applicant required to provide financial assurance under ORS 459.272 shall establish provisions satisfactory to the Department of Environmental Quality for disposing of any excess moneys received or interest earned on moneys received for financial assurance. To the extent pract…

As used in ORS 459.284 and 459.290, “disposal site” has the meaning given that term in ORS 459.005, but does not include: (1) A material recovery, recycling or reuse facility; or (2) A regional disposal site as defined in ORS 459.005. [1987 c.876 §4; 1993 c.560 §34]

Each local government unit that has a disposal site operating under the provisions of ORS 459.005 to 459.437 and 459.710 and for which the local government unit collects a fee may apportion an amount of the service or user charges collected for solid waste disposal at each public…

Each local government unit that apportions money under ORS 459.284 shall establish a citizens advisory committee to select plans, programs and projects for the rehabilitation and enhancement of the area around disposal sites for which the local government unit has apportioned mon…

(1) Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection (4) of this section, a disposal site may not accept solid waste generated outside the county in which the disposal site is located unless the Department of Environmental Qua…

(1) Each board of county commissioners of a county in which a regional disposal site is operating under provisions of ORS 459.005 to 459.437 may impose a surcharge on the solid waste received at the regional disposal site. The county may negotiate with the owner or operator of th…

A local government unit responsible for conducting a remedial action or removal or related activities under ORS 465.260 at a solid waste disposal site, or a local government unit that contributed solid waste to a solid waste disposal site for which the local government is liable …

As used in ORS 459.315 to 459.330: (1) “Committee” means a local citizens advisory committee established under ORS 459.320. (2) “Permittee” means a person operating a regional disposal site under a permit issued under ORS 459.245. [1987 c.876 §8]

(1) Except as provided in subsection (3) or (4) of this section, the board of county commissioners of a county in which a regional disposal site is proposed to be located shall establish a local citizens advisory committee when the Department of Environmental Quality receives an …

The duties of the local citizens advisory committee established under ORS 459.320 shall include but need not be limited to: (1) Reviewing with the permittee, the regional disposal site including but not limited to siting, operation, closure and long-term monitoring of the regiona…

The permittee shall notify the local citizens advisory committee established under ORS 459.320 when the permittee proposes to apply for a change to any state or local permit. [1987 c.876 §12]

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: (1) Activities of the metropolitan service district related to solid waste, including activities …

(1) The metropolitan service district shall implement the provisions of the solid waste reduction program as adopted by the metropolitan service district. (2) Before the metropolitan service district council amends the district’s solid waste reduction program, the district shall …

(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 accord…

The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 to determine: (1) Whether the district’s activities related to solid waste disposal comply with the district’s solid waste reduction program and any goals…

(1) The Environmental Quality Commission may take whatever action is appropriate for the enforcement of its rules or orders. (2) The commission may institute proceedings to enforce compliance with or restrain violations of ORS chapters 459 and 459A, or any rule, standard, permit …

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, 4…

As used in ORS 459.386 to 459.405: (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 fluid…

The Legislative Assembly finds and declares that: (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 concer…

(1) No person who generates infectious waste shall discard or store such waste except as provided in ORS 459.390. (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 8…

(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. (b) A person may consolidate sharps and waste pharmaceuticals into a single container, which may be reusable, …

(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…

The Environmental Quality Commission may adopt rules for storage and handling of infectious waste at a solid waste disposal site. [1989 c.763 §7]

The requirements of ORS 459.386 to 459.405 do not apply to: (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 adve…

Each person who transports infectious waste for consideration, other than waste that is an incidental part of other solid waste, shall: (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…

(1) The Legislative Assembly finds: (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 wast…

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 Qua…

(1) The metropolitan service district shall establish permanent depots to receive household hazardous waste. The depots shall be: (a) Developed at geographically diverse locations throughout the district; and (b) Located and operationally designed to conveniently receive househol…

(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 Departmen…

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: (1) Alternatives to disposal of household hazardous waste at solid waste dispo…

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 co…

(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 …

(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 ba…

(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: (a) Lead-acid batteries cannot be disposed of in household solid waste or mixed municipal waste, but must be recycled; and (b…

As used in ORS 459.431 to 459.437: (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 ele…

(1) The Legislative Assembly finds and declares that: (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, …

(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: (a) Any alkaline manganese battery manufactured on or after January 1, 1996, containing intentionally introduced mercury. (b) Any z…

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]

(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: (a) Identifies a collection site that has all required governmental approvals, to which persons may send used mercuric oxide bat…

As used in ORS 459.465 to 459.474: (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,…

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] Note: See note under 459.465.

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] Note: See note under 459.465.

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] Note: See note under 459.465.

The Environmental Quality Commission may adopt rules necessary to implement ORS 459.465 to 459.474. [2023 c.73 §5] Note: See note under 459.465. 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. (2) On or afte…

ORS 459.485 does not apply to: (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 o…

The Environmental Quality Commission may adopt rules necessary to enforce ORS 459.485 and 459.488. [2023 c.410 §3] Note: See note under 459.485.

As used in ORS 459.705 to 459.790: (1) “Danger” or “nuisance” includes but is not limited to the unpermitted storage of waste tires or the storage of waste tires in a manner that does not comply with a condition of a permittee’s waste tire storage permit. (2) “Director” means the…