2017 ORS 466.065¹
Applicant for renewal to comply with ORS 466.055 and 466.060
  • exceptions
  • permit conditions
  • rules

As a condition to the issuance of a renewal permit under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply), the Environmental Quality Commission may require the applicant to comply with all or some of the criteria set forth in ORS 466.055 (Criteria for new facility) and 466.060 (Criteria to be met by owner and operator before issuance of permit), except that any application for a renewal permit for a treatment or disposal facility located off the site of waste generation and operating on July 15, 1999, shall not have to comply with ORS 466.055 (Criteria for new facility) and 466.060 (Criteria to be met by owner and operator before issuance of permit) unless the applicant proposes a different type of treatment or disposal than has been authorized for use at any time at the facility. In issuing any renewal permit for such a facility, the commission shall include in the permit conditions that require all of the following:

(1) The facility is limited to acceptance of hazardous waste or PCB for treatment or disposal in an amount not to exceed 110 percent of the amount of hazardous waste or PCB treated or disposed by the facility under any permit. The Department of Environmental Quality shall approve acceptance of a greater amount of hazardous waste or PCB for treatment or disposal as part of a permit renewal or modification process if the applicant demonstrates that a greater amount of hazardous waste or PCB is necessary either to protect or to provide a higher level of protection of the public health and safety or of the environment.

(2) The facility complies with all applicable federal and Oregon technological requirements for treating and disposing of hazardous waste or PCB.

(3) The facility meets property line setback requirements established by the commission by rule.

(4) The facility owner, any parent company of the owner and the operator comply with all applicable Oregon and federal requirements for financial and technical capability to properly construct and operate the facility.

(5) The facility owner or operator owns or contracts with an emergency response provider or coordinator that can provide for timely response to a spill or release in Oregon of hazardous waste or PCB being transported to the facility by a motor vehicle owned by the owner or operator of the facility.

(6) Any person hired by the owner or operator of the facility to transport hazardous waste or PCB to the facility owns or has a contract with an emergency response provider or coordinator that can provide for timely response to a spill or release in Oregon of hazardous waste or PCB being transported by a motor vehicle to the facility.

(7) Upon arrival at the facility of any motor vehicle transporting hazardous waste or PCB not described in subsection (5) or (6) of this section, the owner or operator of the facility shall request to review the transporter’s authorization to transport hazardous waste or PCB in Oregon and the driver’s authorization to drive a motor vehicle transporting hazardous waste or PCB in Oregon. The owner or operator of the facility shall report to the department the name of any transporter or driver failing to demonstrate authorization. [1985 c.670 §6; 1987 c.540 §20; 1999 c.740 §4]

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials Ii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano466.­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.