Title 36A, Housing; Lottery and Games; Environment

(1) Any person who generates waste tires shall either: (a) Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790; or (b) Transport the waste tires generated by the person to…

(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. (2) A person may dispose of waste tires in a disposal site permitted by the Department of Environmental Quality if the waste tires are c…

(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 u…

(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. (2) Subsection (1) of this section shall not apply to: (a) A solid waste disposal site permitted by the Department of E…

(1) Each waste tire storage site permittee shall be required to do the following as a condition to holding the permit: (a) Report periodically to the Department of Environmental Quality on numbers of waste tires received and the manner of disposition. (b) Maintain current conting…

(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. (2) In addition to information requested on the application form, the department also shall require the submissio…

(1) Permit applications submitted to the Department of Environmental Quality for operating a waste tire storage site shall contain the following: (a) The management program for the operation of the site, including the person to be responsible for the operation of the site, the pr…

(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 t…

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 p…

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. Th…

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, insp…

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 appe…

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…

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 §12…

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 …

(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. (2) Any moneys rem…

(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. (2) The department may use moneys from the Wast…

(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. (2) The commission may adopt rules that limit, restrict or prohibit the storage of waste ti…

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: (1) Tires from: (a) Any device moved exclusively by human power. (b) Any device used exclusively upon stationary rails or tracks. (c) A mo…

(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: (a) A manufacturer of thermostats that contain mercury: (A) Shall mak…

(1) The following are Class A misdemeanors: (a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to 459.385. (b) Violation of ORS 459.205. (c) Violation of ORS 459.270. (d) Violation of ORS 459A.080. (e) Violation of ORS 459.272. (2) Each day a vi…

(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. (2) Each day that the restaurant or retail establishment commits a viola…

(1) Except as provided in subsection (2) of this section, in addition to any other penalty provided by law: (a) Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.485, 459.705 to 459.790, 459A.005 to 459A.620, 459A.310 to 459A.335, 459A.860 to 459A.975…

(1) As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management: (a)(A) Provides a place for collecting source separated recyclable material, in…

(1) A person providing the opportunity to recycle shall fulfill the requirements of subsection (3) of this section using the following recycling program elements: (a) Provision of at least one durable recycling container to each residential service customer. (b) On-route collecti…

An expanded education and promotion program to satisfy the requirements of ORS 459A.007 must carry out the policy set forth in ORS 459.015, inform generators of solid waste of the manner and benefits of reducing, reusing, recycling and composting material, promote use of recyclin…

(1) It is the policy of the State of Oregon that recovery of material is consistent with the priority of solid waste management set forth in ORS 459.015 (2). It is the goal of the State of Oregon that: (a) For the calendar year 2009 and subsequent years, there be no annual increa…

(1)(a) The Environmental Quality Commission shall develop and adopt by rule a method for calculating recovery rates based on the rate of energy savings achieved by recovering materials from the general solid waste stream. The calculation method must account for: (A) The energy sa…

The Environmental Quality Commission shall: (1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665. (2) Review Department of Environmental Quality reports on c…

(1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to, the following components of solid waste management: (a) Waste prevention; (b) Recycling; (c) Solid waste collection and pro…

(1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665, including but not li…

The Legislative Assembly finds and declares that: (1) Public and private recycling programs that collect source separated recyclable materials from residences and from commercial and institutional establishments on a schedule that is convenient to the generator, are effective and…

(1) The Department of Environmental Quality shall work with local government units to provide educational and promotional materials that local government units may distribute to commercial generators of solid waste. The educational and promotional materials should be targeted to …

The Department of Environmental Quality shall provide technical assistance to cities, counties or metropolitan service districts in the development, revision, amendment and implementation of local solid waste reduction, reuse and recycling and waste prevention programs and solid …

The Department of Environmental Quality shall conduct a solid waste composition study to determine the quantities and sources of different materials disposed of in the waste stream at least once every three biennia for all areas of the state not covered by other solid waste compo…

Any affected person may: (1) Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must be provided; or (2) Request a variance under ORS 459A.055. [Formerly 459.175]

(1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality: (a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities …

(1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025. (b) The Env…

(1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid …

(1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service ch…

Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is: (1) Source separated by the generator; and (2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerl…

A person may not: (1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by a city or county to provide collection service for that recyclable material. (2) Remove any recyclable materia…

(1) The Legislative Assembly finds that providing for collection service including but not limited to the collection of recyclable material as part of the opportunity to recycle is a matter of statewide concern. (2) The exercise of the authority granted by this section is subject…

As used in ORS 459A.100 to 459A.120: (1) “Domestic solid waste” includes but is not limited to residential, commercial and institutional wastes generated within this state. (2) “Domestic solid waste” does not include: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Bu…

The Legislative Assembly finds and declares that: (1) Domestic solid waste disposal capacity is a matter of statewide concern; (2) The disposal in Oregon of domestic solid waste generated both outside and within Oregon will reduce the total capacity available for disposal of dome…

(1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all: (a) Disposal sites that receive domestic solid waste, building demolition or construction waste, land clearing debris, waste tires or solid…

(1) The fees established by the Environmental Quality Commission under ORS 459A.110 shall be deposited in the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to fund the update and imp…

(1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that: (a) The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and (b) Any per-ton fee …

(1)(a) By September 30 of each year, the Department of Environmental Quality shall provide a rebate of the fees established under ORS 459A.110 to the nine most economically distressed counties in this state. (b) The department shall annually identify the counties that will receiv…

The Legislative Assembly finds and declares that: (1) It is in the best interests of the State of Oregon for producers of mattresses to take responsibility for developing, implementing and administering a statewide system for the financing, collection and environmentally sound ma…