2017 ORS 468.920¹
Definitions for ORS 468.922 to 468.956

For purposes of ORS 468.922 (Unlawful disposal, storage or treatment of hazardous waste in the second degree) to 468.956 (Refusal to produce material subpoenaed by commission):

(1) “Knowingly”:

(a) Has the meaning given that term in ORS 161.085 (Definitions with respect to culpability); or

(b) Means a person acts with a conscious purpose to avoid knowledge of a conduct or a circumstance in violation of ORS 824.050 (Inspection of, recommendations on and orders concerning railroad equipment and facilities) to 824.110 (Administrative authority of department) or ORS chapter 465, 466, 468, 468A, 468B or 825.

(2) “Substantial harm to human health or the environment” means:

(a) Physical injury, as defined in ORS 161.015 (General definitions), to a human being or demonstrable substantial risk of serious physical injury, as defined in ORS 161.015 (General definitions), to a human being; or

(b) Substantial damage to wildlife, flora, aquatic or marine life, to habitat or to livestock or agricultural crops.

(3) Except as provided in ORS 161.155 (Criminal liability for conduct of another) or 161.450 (“Criminal conspiracy” described), an individual is not criminally liable solely because of the individual’s status in a business, organization or other public or private entity nor is knowledge possessed by an individual other than the defendant attributable to the defendant.

(4) Nothing in this section is intended to amend or modify ORS 161.150 (Criminal liability described), 161.155 (Criminal liability for conduct of another), 161.160 (Exclusion of defenses to criminal liability for conduct of another), 161.165 (Exemptions to criminal liability for conduct of another), 161.170 (Criminal liability of corporations), 161.175 (Criminal liability of an individual for corporate conduct), 161.450 (“Criminal conspiracy” described) or 161.455 (Conspiratorial relationship). [1993 c.422 §16]

Chapter 468

See also annota­tions under ORS chapter 449 in permanent edi­tion.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider statutory pro­vi­sions of this chapter while acting on solid waste disposal permit applica­tion under ORS 459.205 (Permit required) to 459.265 (Hearings). Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of depart­ment to review engineering data and design of wigwam waste burner or of air pollu­tion control equip­ment, or to prohibit construc­tion or installa­tion, (1971) Vol 35, p 917; state antipollu­tion regula­tions applicable to mining activities in wilderness areas in na­tional parks, (1972) Vol 35, p 1042; 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 to prevent air or wa­ter pollu­tion, (1979) Vol 39, p 770

Law Review Cita­tions

4 EL 339 (1974)

1 Legislative Counsel Committee, CHAPTER 468—Environmental Quality Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468.­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.