ORS 465.505
Waste minimization requirements for dry cleaning facilities

  • annual report
  • reportable release
  • rules

(1)

In addition to any other applicable federal or state law and regulation, the following waste minimization requirements shall apply to dry cleaning facilities:

(a)

All wastes meeting the state and federal criteria for hazardous waste, excluding wastewater, generated at any dry cleaning facility and containing dry cleaning solvents, including residues and filters, shall be managed and disposed of, regardless of quantity generated, as hazardous wastes in accordance with federal and state laws otherwise applicable to management of hazardous wastes, except that, as to the cleanup of releases of dry cleaning solvents, ORS 465.503 (Exemption from administrative or judicial action to compel removal or remedial action) shall apply rather than ORS 466.205 (Liability for improper disposal of waste);

(b)

Wastewater contaminated with dry cleaning solvents from the water separation process of dry cleaning machines may not be discharged into any sanitary sewer or septic tank or into the waters of this state;

(c)

Dry cleaning operators shall manage solvent contaminated wastewater generated in the water separation process in accordance with rules adopted by the Environmental Quality Commission;

(d)

A dry cleaning facility may not include operation of transfer-type dry cleaning equipment using perchloroethylene;

(e)

All newly installed dry cleaning systems using perchloroethylene shall be of the dry-to-dry type and be equipped with integral refrigerated condensers with an outlet temperature sensor for the control of perchloroethylene emissions;

(f)

All existing dry cleaning systems using perchloroethylene shall install refrigerated condensers, or an equivalent;

(g)

Every dry cleaning facility shall install secondary containment systems capable of containing dry cleaning solvent under and around each machine or item of equipment in which any dry cleaning solvent is used, treated or stored; and

(h)

All perchloroethylene dry cleaning solvent shall be delivered to dry cleaning facilities by means of closed, direct-coupled delivery systems.

(2)

The Department of Environmental Quality may authorize the use of alternative measures at a dry cleaning facility in lieu of one or more of the measures described under subsection (1) of this section upon proof satisfactory to the department that the alternative measures can provide equivalent protection for public health and the environment, can achieve equivalent waste minimization and are consistent with other applicable laws and regulations.

(3)

Every dry cleaning and dry store operator shall provide annually to the department on forms to be supplied by the department, information regarding compliance with the waste minimization requirements set forth in subsection (1) of this section and any other information as the department considers necessary for carrying out the purposes of ORS 465.200 (Definitions for ORS 465.200 to 465.545) and 465.500 (Purpose) to 465.545 (Suspension of dry cleaning fees).

(4)

Notwithstanding any law to the contrary, a dry cleaning operator for a facility having a release of dry cleaning solvents shall immediately report any release exceeding one pound to the notification system managed by the Oregon Department of Emergency Management pursuant to ORS 401.094 (System for notification of emergencies).

(5)

The Environmental Quality Commission shall adopt rules necessary to implement ORS 465.200 (Definitions for ORS 465.200 to 465.545) and 465.500 (Purpose) to 465.545 (Suspension of dry cleaning fees), including but not limited to rules implementing the recommendations of the advisory group established under ORS 465.507 (Dry cleaning advisory group) or requiring the implementation of new waste minimization technologies. [1995 c.427 §5; 1999 c.59 §132; 2001 c.495 §3; 2021 c.539 §75]
Note: The amendments to 465.505 (Waste minimization requirements for dry cleaning facilities) by section 75, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
465.505 (Waste minimization requirements for dry cleaning facilities). (1) In addition to any other applicable federal or state law and regulation, the following waste minimization requirements shall apply to dry cleaning facilities:

(a)

All wastes meeting the state and federal criteria for hazardous waste, excluding wastewater, generated at any dry cleaning facility and containing dry cleaning solvents, including residues and filters, shall be managed and disposed of, regardless of quantity generated, as hazardous wastes in accordance with federal and state laws otherwise applicable to management of hazardous wastes, except that, as to the cleanup of releases of dry cleaning solvents, ORS 465.503 (Exemption from administrative or judicial action to compel removal or remedial action) shall apply rather than ORS 466.205 (Liability for improper disposal of waste);

(b)

Wastewater contaminated with dry cleaning solvents from the water separation process of dry cleaning machines may not be discharged into any sanitary sewer or septic tank or into the waters of this state;

(c)

Dry cleaning operators shall manage solvent contaminated wastewater generated in the water separation process in accordance with rules adopted by the Environmental Quality Commission;

(d)

A dry cleaning facility may not include operation of transfer-type dry cleaning equipment using perchloroethylene;

(e)

All newly installed dry cleaning systems using perchloroethylene shall be of the dry-to-dry type and be equipped with integral refrigerated condensers with an outlet temperature sensor for the control of perchloroethylene emissions;

(f)

All existing dry cleaning systems using perchloroethylene shall install refrigerated condensers, or an equivalent;

(g)

Every dry cleaning facility shall install secondary containment systems capable of containing dry cleaning solvent under and around each machine or item of equipment in which any dry cleaning solvent is used, treated or stored; and

(h)

All perchloroethylene dry cleaning solvent shall be delivered to dry cleaning facilities by means of closed, direct-coupled delivery systems.

(2)

The Department of Environmental Quality may authorize the use of alternative measures at a dry cleaning facility in lieu of one or more of the measures described under subsection (1) of this section upon proof satisfactory to the department that the alternative measures can provide equivalent protection for public health and the environment, can achieve equivalent waste minimization and are consistent with other applicable laws and regulations.

(3)

Every dry cleaning and dry store operator shall provide annually to the department on forms to be supplied by the department, information regarding compliance with the waste minimization requirements set forth in subsection (1) of this section and any other information as the department considers necessary for carrying out the purposes of ORS 465.200 (Definitions for ORS 465.200 to 465.545) and 465.500 (Purpose) to 465.545 (Suspension of dry cleaning fees).

(4)

Notwithstanding any law to the contrary, a dry cleaning operator for a facility having a release of dry cleaning solvents shall immediately report any release exceeding one pound to the notification system managed by the Office of Emergency Management pursuant to ORS 401.094 (System for notification of emergencies).

(5)

The Environmental Quality Commission shall adopt rules necessary to implement ORS 465.200 (Definitions for ORS 465.200 to 465.545) and 465.500 (Purpose) to 465.545 (Suspension of dry cleaning fees), including but not limited to rules implementing the recommendations of the advisory group established under ORS 465.507 (Dry cleaning advisory group) or requiring the implementation of new waste minimization technologies.

Source: Section 465.505 — Waste minimization requirements for dry cleaning facilities; annual report; reportable release; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors465.­html.

465.003
Definitions for ORS 465.003 to 465.034
465.006
Policy
465.009
Rules
465.012
Technical assistance to users and generators
465.015
Toxics use and hazardous waste reduction plan required
465.018
Notification of Department of Environmental Quality upon completion of plan or system
465.021
Review of plan or system
465.027
Contract for assistance with higher education institution
465.032
Form of implementation summary
465.034
Application of ORS 465.003 to 465.034
465.037
Short title
465.101
Definitions for ORS 465.101 to 465.131
465.104
Fees for petroleum product delivery or withdrawals
465.106
Amount of fee to be set by State Fire Marshal
465.111
Department of Revenue to collect fee
465.112
Amounts held in trust
465.114
Extension of time for paying fee
465.117
Records of petroleum products transactions
465.121
Rules
465.124
Application of ORS chapters 305 and 314 to fee collection
465.127
Disposition of fees
465.131
Fee imposed by ORS 465.104 in addition to fees established by local government
465.200
Definitions for ORS 465.200 to 465.545
465.205
Legislative findings
465.210
Authority of department for removal or remedial action
465.215
List of facilities with confirmed release
465.220
Comprehensive statewide identification program
465.225
Inventory of facilities needing environmental controls
465.230
Removal of facilities from inventory
465.235
Public inspection of inventory
465.240
Inventory listing not prerequisite to other remedial action
465.245
Preliminary assessment of potential facility
465.250
Accessibility of information about hazardous substances
465.255
Strict liability for remedial action costs for injury or destruction of natural resource
465.257
Right of contribution from other person liable for remedial action costs
465.260
Removal or remedial action
465.265
“Person” defined for ORS 465.265 to 465.310
465.270
Legislative findings and intent
465.275
Remedial action and financial assistance program
465.280
Rules
465.285
Requirements for financial assistance
465.290
Financial assistance agreement not General Fund obligation
465.295
Decision regarding financial assistance not subject to judicial review
465.300
Records and financial assistance applications exempt from disclosure as public record
465.305
Application fees
465.310
Accounting procedure for financial assistance moneys
465.315
Standards for degree of cleanup required
465.320
Notice of proposed remedial action or release from liability
465.325
Agreement to perform removal or remedial action
465.327
Agreement to release party from potential liability to facilitate cleanup and reuse of property
465.330
State remedial action costs
465.333
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs
465.335
Costs, penalties and damages as lien
465.340
Contractor liability
465.375
Monthly fee of operators
465.376
Special hazardous waste management fees
465.378
Department to work with other states to avoid disruption of waste flows
465.381
Hazardous Substance Remedial Action Fund
465.386
Commission authorized to increase fees
465.391
Effect of certain laws on liability of person
465.400
Rules
465.405
Rules
465.410
Ranking of inventory according to risk
465.420
Remedial Action Advisory Committee
465.425
“Security interest holder” defined for ORS 465.430 to 465.455
465.430
Legislative findings
465.435
Rules relating to exemption from liability for security interest holder
465.440
Rules relating to exemption from liability for fiduciary
465.445
Advisory committee
465.450
Limitation on commission’s discretion to adopt rules
465.455
Construction of ORS 465.425 to 465.455
465.475
Definitions for ORS 465.475 to 465.484
465.478
Legislative findings
465.479
Lost policies
465.480
Insurance for environmental claims
465.481
General liability insurance policies
465.483
General liability insurance policies
465.484
Unfair environmental claims settlement practices
465.485
Short title
465.500
Purpose
465.503
Exemption from administrative or judicial action to compel removal or remedial action
465.505
Waste minimization requirements for dry cleaning facilities
465.507
Dry cleaning advisory group
465.510
Dry Cleaner Environmental Response Account
465.517
Annual fee and gross revenue fee for dry cleaning facilities
465.520
Fee on sale or transfer of dry cleaning solvent
465.523
Fee on use of dry cleaning solvent
465.525
Calculation of fee for partial gallons
465.527
Reporting of fees
465.531
Department of Environmental Quality may contract for collection of fees
465.536
Late charges
465.545
Suspension of dry cleaning fees
465.550
Definitions for ORS 465.550 and 465.555
465.555
County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents
465.600
Definitions for ORS 465.600 to 465.621
465.603
Procedure to create public authority
465.606
Board of directors
465.609
General powers
465.612
Obligations of authority not obligations of local government
465.615
Exemption from taxation
465.618
Remedial action costs
465.621
Dissolution
465.900
Civil penalties for violation of removal or remedial actions
465.992
Civil penalty for failure to pay fees
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