2017 ORS 466.320¹
Conditions for holding permit

Each PCB disposal facility permittee under ORS 466.025 (Duties of commission) to 466.065 (Applicant for renewal to comply with ORS 466.055 and 466.060), 466.250 (Definition of “PCB disposal facility”), 466.255 (Disposal of PCB restricted) (2) and (3) and 466.260 (Duties of department) to 466.350 (Post-closure permit) shall be required to do the following as a condition to holding the permit:

(1) Proceed expeditiously with and complete the project in accordance with the plans and specifications approved and the rules adopted under ORS 466.025 (Duties of commission) to 466.065 (Applicant for renewal to comply with ORS 466.055 and 466.060), 466.250 (Definition of “PCB disposal facility”), 466.255 (Disposal of PCB restricted) (2) and (3) and 466.260 (Duties of department) to 466.350 (Post-closure permit).

(2) Commence operation, management or supervision of the PCB disposal facility on completion of the project and not to permanently discontinue the operation, management or supervision of the facility without the approval of the Department of Environmental Quality.

(3) Maintain sufficient liability insurance or equivalent financial assurance in such amounts as determined by the department to be reasonably necessary to compensate for damage to the public health and safety and environment.

(4) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable risks.

(5) Restore, to the extent reasonably practicable, the area of the facility to its original condition when use of the area is terminated as a facility.

(6) Maintain a cash bond or other equivalent financial assurance in the name of the state and in an amount estimated by the department to be sufficient to cover any costs of closing the facility and monitoring it or providing for its security after closure, to secure performance of permit requirements and to provide for any remedial action by the state necessary to protect the public health and safety and the environment following facility closure. The financial assurance shall remain on deposit for the duration of the permit and until the end of the post-closure period, except as the assurance may be released or modified by the department.

(7) Report periodically to the department on the volume and types of PCB received at the facility, their manner of disposition and the fees collected therefor.

(8) Maintain other plans and exhibits pertaining to the facility and its operation as determined by the department to be reasonably necessary to protect the public health or safety or the environment.

(9) Maintain records of any PCB identified under provisions of ORS 466.025 (Duties of commission) to 466.065 (Applicant for renewal to comply with ORS 466.055 and 466.060), 466.250 (Definition of “PCB disposal facility”), 466.255 (Disposal of PCB restricted) (2) and (3) and 466.260 (Duties of department) to 466.350 (Post-closure permit) which is stored, treated or disposed of at the facility and the manner in which the PCB was stored, treated, transported or disposed of. The records shall be retained for the period of time determined by the Environmental Quality Commission.

(10) Assure that all personnel who are employed by the permittee are trained in proper procedures for handling, transfer, transport, treatment, disposal and storage of PCB including but not limited to familiarization with all contingency plans.

(11) If disposal is by incineration, the facility must also incinerate a reasonable ratio of hazardous waste. [1985 c.670 §27; 1987 c.284 §2; 1987 c.540 §48]

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.