ORS 459.350
Commission review of metropolitan service district report


The Environmental Quality Commission shall review the report submitted by the metropolitan service district under ORS 459.345 (Metropolitan service district report to commission) to determine:

(1)

Whether the district’s activities related to solid waste disposal comply with the district’s solid waste reduction program and any goals established by the district in previous reports submitted under ORS 459.345 (Metropolitan service district report to commission); and

(2)

Whether the program and all disposal sites operated by or used by the district continue to meet the criteria established under ORS 459.015 (Policy). [1987 c.876 §15; 1989 c.171 §59]
Note: Sections 12 to 16 and 18, chapter 653, Oregon Laws 1991, provide:
Sec. 12. (1) The Legislative Assembly finds and declares:

(a)

It is the policy of this state to minimize the release to the environment of radioactive material resulting from human activities;

(b)

The United States Congress, the United States Nuclear Regulatory Commission, the United States Department of Energy and the United States Environmental Protection Agency have adopted measures intended to make possible federal deregulation of certain radioactive material;

(c)

Deregulation would result in virtually unrestricted disposal or release of this radioactive material into land disposal sites, incinerators, transportation systems, waterways, sewage systems, recycling centers, consumer products or other parts of the environment;

(d)

Such dissemination of radioactive material in the environment would represent an unnecessary increased risk to the health, safety and welfare of the citizens of this state and the environment;

(e)

Such risk would necessitate the implementation of a costly and widespread radiation monitoring system to enable this state to insure that citizens are not exposed to radiation from deregulated radioactive material; and

(f)

Such monitoring and verification of the absence of unacceptable risks resulting from federal deregulation will be more costly to this state than the current regulatory regime.

(2)

Therefore, the State of Oregon hereby declares that radioactive material shall continue to be subject to regulatory control by this state. It is the purpose of sections 12 to 15 of this Act to guarantee that all radioactive material that was subject to regulation by this state, the United States Nuclear Regulatory Commission, the United States Department of Energy, the United States Environmental Protection Agency or any other state or federal agency as of January 1, 1989, shall remain subject to regulation by this state and shall be stored and disposed of only in licensed or approved radioactive waste storage or disposal facilities. [1991 c.653 §12]
Sec. 13. As used in sections 12 to 14, chapter 653, Oregon Laws 1991:

(1)

“Facility approved by the Oregon Health Authority” means a facility for which there is a license, permit, letter of agreement or other means by which the state officially accepts the treatment, storage, recycling, incineration or disposal method for radioactive material.

(2)

“Radioactive material” means any radioactive waste or other radioactive material resulting from activities of the federal government, the United States Nuclear Regulatory Commission or its licensees or licensees of a state that has entered into an agreement under 42 U.S.C. 2021 and that satisfies the definition of low-level radioactive waste in the federal Low-Level Radioactive Waste Policy Act, 42 U.S.C. 2021b(9)(a), as of January 1, 1989. “Radioactive material” does not include naturally occurring radionuclides, uranium mill tailings or high-level radioactive waste. [1991 c.653 §13; 2001 c.900 §233; 2009 c.595 §1152]
Sec. 14. Notwithstanding any declaration by the federal government that certain radioactive material may be exempt from regulatory control or below regulatory concern, no radioactive material may be recycled, incinerated or disposed of in Oregon except at a facility approved by the Oregon Health Authority specifically for the recycling, incineration or disposal of radioactive material. [1991 c.653 §14; 2001 c.900 §234; 2009 c.595 §1153]
Sec. 15. (1) No land disposal site in this state shall knowingly accept solid waste from another state that contains radioactive material. For purposes of this section, solid waste shall be presumed not to contain radioactive material if:

(a)

The solid waste is from a state that is a party to the Northwest Interstate Compact on Low-Level Radioactive Waste Management set forth in ORS 469.930 (Northwest Interstate Compact on Low-Level Radioactive Waste Management); or

(b)

The solid waste is from a state that has a policy opposing exemption of radioactive material from regulation that is similar to the policy carried out by sections 12 to 15 of this 1991 Act.

(2)

As used in this section, “radioactive material” has the meaning given in section 13 of this 1991 Act. [1991 c.653 §15]
Sec. 16. Section 15 of this Act is added to and made a part of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) to 459.105 (Regulations on use of disposal sites). [1991 c.653 §16]
Sec. 18. Sections 12 to 16 of this Act and the amendments to ORS 469.992 (Civil penalties) by section 17 of this Act do not become operative until the federal government or a state that has entered into an agreement under 42 U.S.C. 2021 exempts from regulation or changes the regulatory status of any radioactive material that is subject to regulation on January 1, 1989. [1991 c.653 §18]

Source: Section 459.350 — Commission review of metropolitan service district report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors459.­html.

459.005
Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665
459.007
Applicability of ORS 459.005 to wood residue
459.015
Policy
459.017
Relationship of state to local governments in solid waste management
459.025
General powers and duties of department
459.035
Assistance in development and implementation of solid waste management plans and practices and recycling programs
459.045
Rules
459.046
Solid waste regulatory program
459.047
Landfill assistance from department
459.049
Mandated landfills in certain counties
459.051
Procedural rules
459.053
Powers of department regarding landfills
459.055
Landfills in farm use areas
459.057
Department to limit wastes allowed in landfills in certain counties
459.061
Upland placement of dredged material
459.065
State preemption
459.075
Acquisition of property for disposal sites by cities and counties
459.085
County authority outside cities
459.095
Restrictions on authority of local government units
459.105
Regulations on use of disposal sites
459.108
Civil penalty to enforce ordinance prohibiting action described in ORS 164.775, 164.785 or 164.805
459.109
Effect of certain laws on cities and counties
459.118
Study of transportation routes and modes of transportation for transport of out-of-region solid waste
459.121
Legislative committee hearing on transportation study
459.125
Authority of Marion County over products or by-products of county disposal sites
459.135
Marion County authority over private facility in county
459.145
Limits on Marion County authority
459.153
Intent not to discourage recycling
459.205
Permit required
459.215
Exclusion of certain sites from permit requirement
459.225
Variances authorized
459.235
Applications for permits
459.236
Additional permit fees for remedial action or removal
459.243
Restrictions on issuance of permits under ORS 459.245
459.245
Issuance of permits
459.247
Prohibition on disposal of certain solid waste at disposal site
459.248
Cleanup of hazardous substance contaminating ground water
459.250
Place for collecting source separated recyclable material required for disposal site permit
459.255
Suspension or revocation of permits
459.265
Hearings
459.268
Closure of land disposal site
459.270
Renewal of permit prior to proposed closure of disposal site
459.272
Evidence of financial assurance for land disposal site
459.273
Disposition of excess moneys and interest received for financial assurance
459.280
Definitions for ORS 459.284 and 459.290
459.284
Use of disposal site fees
459.290
Disposal site rehabilitation and enhancement advisory committee
459.305
Certification or demonstration that government unit has implemented opportunity to recycle
459.310
Surcharge on solid waste disposal
459.311
Charge for remedial action or removal
459.315
Definitions for ORS 459.315 to 459.330
459.320
Regional disposal site advisory committee
459.325
Duties of regional disposal site advisory committee
459.330
Notification of advisory committee by regional disposal site permittee
459.335
Use of fees collected by the metropolitan service district
459.340
Implementation of the solid waste reduction program by metropolitan service district
459.345
Metropolitan service district report to commission
459.350
Commission review of metropolitan service district report
459.376
Action to enforce rules or orders
459.385
Entry upon private premises authorized
459.386
Definitions for ORS 459.386 to 459.405
459.387
Policy
459.388
Restrictions on discarding, storing or transporting infectious waste
459.390
Procedures for segregation and containment of infectious waste
459.395
Treatment of infectious wastes
459.398
Rules
459.400
Exceptions
459.405
Transport of infectious waste
459.411
Policy
459.412
Definition for ORS 459.411 to 459.417
459.413
Household hazardous waste depots
459.415
Department approval for collection activity required
459.417
Statewide household hazardous waste public education program
459.418
Contract for statewide collection of household hazardous waste
459.420
Permitted lead-acid battery disposal
459.422
Acceptance of used batteries by retailers and wholesalers
459.426
Notice to customers
459.431
Definitions for ORS 459.431 to 459.437
459.432
Policy
459.433
Limitation on sale or promotion of alkaline manganese or zinc carbon batteries
459.435
Prohibition on sale or promotion of button cell mercuric oxide batteries
459.437
Requirements for sale or promotion of mercuric oxide batteries
459.705
Definitions for ORS 459.705 to 459.790
459.708
Waste tire generator
459.710
Disposal in disposal site prohibited
459.712
Transport without carrier permit prohibited
459.715
Storage prohibited
459.720
Conditions for storage site permit
459.725
Application for storage site operator or carrier
459.730
Information in application for storage site permit
459.735
Notification of permit application in county of proposed disposal site
459.740
Hearing on site permit application
459.745
Department action on application
459.750
Storage site and carrier permit fees
459.755
Revocation of storage site or carrier permit
459.760
Monitoring and inspection of waste tire carriers and storage site
459.765
Department use of fees
459.772
Use of processed, source-separated waste tires for energy recovery
459.775
Waste Tire Recycling Account
459.780
Tire removal or processing plan
459.785
Rules
459.790
Exceptions to ORS 459.705 to 459.785
459.900
Thermostats and motor vehicle switches containing mercury
459.992
Criminal penalties
459.993
Penalties for violation of ORS 459A.757
459.995
Civil penalties
Green check means up to date. Up to date