ORS 459.995¹
Civil penalties

(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 (Permit required), 459.270 (Renewal of permit prior to proposed closure of disposal site), 459.272 (Evidence of financial assurance for land disposal site), 459.386 (Definitions for ORS 459.386 to 459.405) to 459.405 (Transport of infectious waste), 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785), 459A.005 (Opportunity to recycle defined) to 459A.620 (Use of compost or sewage sludge by state agencies given priority), 459A.310 (Applicability to manufacturers) to 459A.335 (Requirements for sale of covered electronic devices by retailers), 459A.675 (Definitions for ORS 459A.675 to 459A.685) to 459A.685 (Prohibition on manufacture of rigid plastic bottles or containers without label) or 646A.080 (Sale of novelty item containing mercury), or any rule or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), or any rule or order pertaining to the disposal, storage or transportation of waste tires, as defined by ORS 459.705 (Definitions for ORS 459.705 to 459.790), or any rule or order pertaining to the sale of novelty items that contain encapsulated liquid mercury, shall incur a civil penalty not to exceed $10,000 a day for each day of the violation.

(b) Any person who violates the provisions of ORS 459.420 (Permitted lead-acid battery disposal) to 459.426 (Notice to customers) shall incur a civil penalty not to exceed $500 for each violation. Each battery that is disposed of improperly shall be a separate violation. Each day an establishment fails to post the notice required under ORS 459.426 (Notice to customers) shall be a separate violation.

(c) For each day a city, county or metropolitan service district fails to provide the opportunity to recycle as required under ORS 459A.005 (Opportunity to recycle defined), the city, county or metropolitan service district shall incur a civil penalty not to exceed $500 for each violation.

(2) Any product manufacturer or package manufacturer who violates ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) or any rule adopted under ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) shall incur a civil penalty not to exceed $1,000 per day for each day of the violation. A violation of ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) shall not be subject to additional penalties under subsection (1) of this section.

(3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the manner provided by ORS 468.135 (Imposition of civil penalties). [1973 c.835 §130; 1977 c.317 §1; 1981 c.709 §18; 1983 c.703 §16; 1983 c.729 §18; 1983 c.766 §9; subsections (2) and (3) renumbered 466.880; 1987 c.706 §19; 1989 c.290 §7; 1989 c.763 §14; 1991 c.385 §§14,90; 1991 c.650 §3; 1991 c.653 §8; 1991 c.734 §32; 1991 c.882 §13; 1993 c.18 §115; 1993 c.526 §11; 1993 c.560 §73; 1995 c.584 §5; 2001 c.924 §8; 2007 c.302 §16]

Note: Section 19 (2), chapter 302, Oregon Laws 2007, provides:

Sec. 19. (2) The amendments to ORS 459.995 (Civil penalties) by section 16 of this 2007 Act apply to violations of section 9 (1) of this 2007 Act [459A.335 (Requirements for sale of covered electronic devices by retailers) (1)] occurring on or after January 1, 2009. [2007 c.302 §19(2)]

Note: The amendments to 459.995 (Civil penalties) by section 17, chapter 302, Oregon Laws 2007, become operative January 1, 2010. See section 19, chapter 302, Oregon Laws 2007. The text that is operative on and after January 1, 2010, is set forth for the user’s convenience.

459.995 (Civil penalties). (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 (Permit required), 459.270 (Renewal of permit prior to proposed closure of disposal site), 459.272 (Evidence of financial assurance for land disposal site), 459.386 (Definitions for ORS 459.386 to 459.405) to 459.405 (Transport of infectious waste), 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785), 459A.005 (Opportunity to recycle defined) to 459A.620 (Use of compost or sewage sludge by state agencies given priority), 459A.310 (Applicability to manufacturers) to 459A.335 (Requirements for sale of covered electronic devices by retailers), 459A.675 (Definitions for ORS 459A.675 to 459A.685) to 459A.685 (Prohibition on manufacture of rigid plastic bottles or containers without label) or 646A.080 (Sale of novelty item containing mercury), or any rule or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or reuse or recycling of solid wastes, as defined by ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), or any rule or order pertaining to the disposal, storage or transportation of waste tires, as defined by ORS 459.705 (Definitions for ORS 459.705 to 459.790), or any rule or order pertaining to the sale of novelty items that contain encapsulated liquid mercury, shall incur a civil penalty not to exceed $10,000 a day for each day of the violation.

(b) Any person who violates the provisions of ORS 459.420 (Permitted lead-acid battery disposal) to 459.426 (Notice to customers) shall incur a civil penalty not to exceed $500 for each violation. Each battery that is disposed of improperly shall be a separate violation. Each day an establishment fails to post the notice required under ORS 459.426 (Notice to customers) shall be a separate violation.

(c) For each day a city, county or metropolitan service district fails to provide the opportunity to recycle as required under ORS 459A.005 (Opportunity to recycle defined), the city, county or metropolitan service district shall incur a civil penalty not to exceed $500 for each violation.

(d) Any person who violates the provisions of ORS 459.247 (Prohibition on disposal of certain solid waste at disposal site) (1)(f) shall incur a civil penalty not to exceed $500 for each violation. Each covered electronic device that is disposed of improperly shall be a separate violation.

(2) Any product manufacturer or package manufacturer who violates ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) or any rule adopted under ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) shall incur a civil penalty not to exceed $1,000 per day for each day of the violation. A violation of ORS 459A.650 (Definitions for ORS 459A.650 to 459A.665) to 459A.665 (Opportunity to recycle rigid plastic containers) shall not be subject to additional penalties under subsection (1) of this section.

(3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the manner provided by ORS 468.135 (Imposition of civil penalties).

Chapter 459

Atty. Gen. Opinions

Power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environ­mental Quality Commission and Depart­ment of Environ­mental Quality to regulate disposi­tion of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

Law Review Cita­tions

16 WLR 459 (1979)

1 Legislative Counsel Committee, CHAPTER 459—Solid Waste Management, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information