2017 ORS 459.705¹
Definitions for ORS 459.705 to 459.790

As used in ORS 459.705 (Definitions for ORS 459.705 to 459.790) to 459.790 (Exceptions to ORS 459.705 to 459.785):

(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 Director of the Department of Environmental Quality.

(3) “Dispose” means to deposit, dump, spill or place any waste tire on any land or into any waters of the state as defined by ORS 468B.005 (Definitions for water pollution control laws).

(4) “Private carrier” means a person who receives or generates waste tires and who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which the person is engaged. “Private carrier” does not include a person whose primary tire business is collecting, sorting or transporting used or waste tires.

(5) “Retreadable casing” means a waste tire suitable for retreading.

(6) “Store” or “storage” means to accumulate waste tires above ground, or to own or control property on which there are waste tires above ground. “Storage” includes the beneficial use of waste tires as fences and other uses with similar potential for causing environmental risks. “Storage” does not include the use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site or a beneficial use such as a planter except when the department determines the use creates an environmental risk.

(7) “Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is or may be transported in or drawn by upon a highway.

(8) “Tire carrier” means any person engaged in picking up or transporting waste tires for the purpose of storage, removal to a processor or disposal. “Tire carrier” does not include a solid waste collector operating under a license or franchise from any local government unit, a private individual or private carrier who transports the person’s own waste tires to a processor or for proper disposal, a person who transports fewer than five tires for disposal, or the United States, the State of Oregon, any county, city, town or municipality in this state, or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.

(9) “Tire retailer” means any person actively engaged in the business of selling new replacement tires.

(10) “Tire retreader” means any person actively engaged in the business of retreading waste tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.

(11) “Waste tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. [1987 c.706 §1; 1991 c.882 §6; 1993 c.560 §59; 2005 c.654 §25]

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/­ors459.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.