ORS 465.003
Definitions for ORS 465.003 to 465.034


As used in ORS 465.003 (Definitions for ORS 465.003 to 465.034) to 465.034 (Application of ORS 465.003 to 465.034):

(1)

“Conditionally exempt generator” means a generator that generates less than 2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less than 220 pounds of hazardous waste in one calendar month.

(2)

“Facility” means all buildings, equipment, structures and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person or by any person that controls, is controlled by or under common control with any person.

(3)

“Fully regulated generator” means a generator that generates 2.2 pounds or more of acute hazardous waste as defined by 40 C.F.R. 261, or 2,200 pounds or more of hazardous waste in one calendar month.

(4)

“Generator” means a person that, by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of hazardous waste.

(5)

“Hazardous waste” has the meaning given that term in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385).

(6)

“Large user” means a facility required to submit a uniform toxic chemical release form under 42 U.S.C. 11023.

(7)

“Person” includes person, public body, as defined in ORS 174.109 (“Public body” defined), the federal government or any other legal entity.

(8)

“Small-quantity generator” means a generator that generates between 220 and 2,200 pounds of hazardous waste in one calendar month.

(9)

“Toxic substance” or “toxics” means any substance, other than a substance used as a pesticide in routine commercial agricultural applications, in a gaseous, liquid or solid state specified on the list of toxic chemicals generated pursuant to 42 U.S.C. 11023, or any substance added by the Environmental Quality Commission under ORS 465.009 (Rules).

(10)

“Toxics use” means use or production of a toxic substance.

(11)

“Toxics use reduction” means in-plant changes in production or other processes or operations, products or raw materials that reduce, avoid or eliminate the use or production of toxic substances without creating substantial new risks to public health, safety and the environment, through the application of any of the following techniques:

(a)

Input substitution, achieved by replacing a toxic substance or raw material used in a production or other process or operation with a nontoxic or less toxic substance;

(b)

Product reformulation, achieved by substituting for an existing end product, an end product that is nontoxic or less toxic upon use, release or disposal;

(c)

Production or other process or operation redesign or modifications;

(d)

Production or other process or operation modernization, achieved by upgrading or replacing existing equipment and methods with other equipment and methods;

(e)

Improved operation and maintenance controls of production or other process or operation equipment and methods, achieved by modifying or adding to existing equipment or methods including, but not limited to, techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

(f)

Recycling, reuse or extended use of toxics by using equipment or methods that become an integral part of the production or other process or operation of concern, including but not limited to filtration and other methods.

(12)

“Toxics user” means a large user, a fully regulated generator or a small-quantity generator.

(13)

“Waste reduction” means:

(a)

Any activity conducted after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety and the environment and that results in:

(A)

The reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored or disposed of;

(B)

The reduction of toxicity of hazardous waste that would otherwise be treated, stored or disposed of; or

(C)

Both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

(b)

On-site or off-site treatment where the treatment can be shown to confer a higher degree of protection of the public health, safety and the environment than other technically and economically practicable waste reduction alternatives. [1989 c.833 §2; 2005 c.206 §3]

Source: Section 465.003 — Definitions for ORS 465.003 to 465.034, https://www.­oregonlegislature.­gov/bills_laws/ors/ors465.­html.

465.003
Definitions for ORS 465.003 to 465.034
465.006
Policy
465.009
Rules
465.012
Technical assistance to users and generators
465.015
Toxics use and hazardous waste reduction plan required
465.018
Notification of Department of Environmental Quality upon completion of plan or system
465.021
Review of plan or system
465.027
Contract for assistance with higher education institution
465.032
Form of implementation summary
465.034
Application of ORS 465.003 to 465.034
465.037
Short title
465.101
Definitions for ORS 465.101 to 465.131
465.104
Fees for petroleum product delivery or withdrawals
465.106
Amount of fee to be set by State Fire Marshal
465.111
Department of Revenue to collect fee
465.112
Amounts held in trust
465.114
Extension of time for paying fee
465.117
Records of petroleum products transactions
465.121
Rules
465.124
Application of ORS chapters 305 and 314 to fee collection
465.127
Disposition of fees
465.131
Fee imposed by ORS 465.104 in addition to fees established by local government
465.200
Definitions for ORS 465.200 to 465.545
465.205
Legislative findings
465.210
Authority of department for removal or remedial action
465.215
List of facilities with confirmed release
465.220
Comprehensive statewide identification program
465.225
Inventory of facilities needing environmental controls
465.230
Removal of facilities from inventory
465.235
Public inspection of inventory
465.240
Inventory listing not prerequisite to other remedial action
465.245
Preliminary assessment of potential facility
465.250
Accessibility of information about hazardous substances
465.255
Strict liability for remedial action costs for injury or destruction of natural resource
465.257
Right of contribution from other person liable for remedial action costs
465.260
Removal or remedial action
465.265
“Person” defined for ORS 465.265 to 465.310
465.270
Legislative findings and intent
465.275
Remedial action and financial assistance program
465.280
Rules
465.285
Requirements for financial assistance
465.290
Financial assistance agreement not General Fund obligation
465.295
Decision regarding financial assistance not subject to judicial review
465.300
Records and financial assistance applications exempt from disclosure as public record
465.305
Application fees
465.310
Accounting procedure for financial assistance moneys
465.315
Standards for degree of cleanup required
465.320
Notice of proposed remedial action or release from liability
465.325
Agreement to perform removal or remedial action
465.327
Agreement to release party from potential liability to facilitate cleanup and reuse of property
465.330
State remedial action costs
465.333
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs
465.335
Costs, penalties and damages as lien
465.340
Contractor liability
465.375
Monthly fee of operators
465.376
Special hazardous waste management fees
465.378
Department to work with other states to avoid disruption of waste flows
465.381
Hazardous Substance Remedial Action Fund
465.386
Commission authorized to increase fees
465.391
Effect of certain laws on liability of person
465.400
Rules
465.405
Rules
465.410
Ranking of inventory according to risk
465.420
Remedial Action Advisory Committee
465.425
“Security interest holder” defined for ORS 465.430 to 465.455
465.430
Legislative findings
465.435
Rules relating to exemption from liability for security interest holder
465.440
Rules relating to exemption from liability for fiduciary
465.445
Advisory committee
465.450
Limitation on commission’s discretion to adopt rules
465.455
Construction of ORS 465.425 to 465.455
465.475
Definitions for ORS 465.475 to 465.484
465.478
Legislative findings
465.479
Lost policies
465.480
Insurance for environmental claims
465.481
General liability insurance policies
465.483
General liability insurance policies
465.484
Unfair environmental claims settlement practices
465.485
Short title
465.500
Purpose
465.503
Exemption from administrative or judicial action to compel removal or remedial action
465.505
Waste minimization requirements for dry cleaning facilities
465.507
Dry cleaning advisory group
465.510
Dry Cleaner Environmental Response Account
465.517
Annual fee and gross revenue fee for dry cleaning facilities
465.520
Fee on sale or transfer of dry cleaning solvent
465.523
Fee on use of dry cleaning solvent
465.525
Calculation of fee for partial gallons
465.527
Reporting of fees
465.531
Department of Environmental Quality may contract for collection of fees
465.536
Late charges
465.545
Suspension of dry cleaning fees
465.550
Definitions for ORS 465.550 and 465.555
465.555
County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents
465.600
Definitions for ORS 465.600 to 465.621
465.603
Procedure to create public authority
465.606
Board of directors
465.609
General powers
465.612
Obligations of authority not obligations of local government
465.615
Exemption from taxation
465.618
Remedial action costs
465.621
Dissolution
465.900
Civil penalties for violation of removal or remedial actions
465.992
Civil penalty for failure to pay fees
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