Hazardous Waste and Hazardous Materials II
Definitions for ORS 453.635 and 466.005 to 466.385
(1)“Commission” means the Environmental Quality Commission.
(2)“Department” means the Department of Environmental Quality.
(3)“Director” means the Director of the Department of Environmental Quality.
(4)“Dispose” or “disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that the hazardous waste or any hazardous constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the state as defined in ORS 468B.005 (Definitions for water pollution control laws).
(5)“Facility” means all contiguous land, structures, other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste. “Facility” may consist of one or more treatment, storage or disposal operational units.
(6)“Generator” means the person, who by virtue of ownership, management or control, is responsible for causing or allowing to be caused the creation of a hazardous waste.
(7)“Hazardous waste” does not include radioactive material or the radioactively contaminated containers and receptacles used in the transportation, storage, use or application of radioactive waste, unless the material, container or receptacle is classified as hazardous waste under paragraph (a), (b) or (c) of this subsection on some basis other than the radioactivity of the material, container or receptacle. Hazardous waste does include all of the following which are not declassified by the commission under ORS 466.015 (Powers and duties of department) (3):
(a)Discarded, useless or unwanted materials or residues resulting from any substance or combination of substances intended for the purpose of defoliating plants or for the preventing, destroying, repelling or mitigating of insects, fungi, weeds, rodents or predatory animals, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and rodenticides.
(b)Residues resulting from any process of industry, manufacturing, trade or business or government or from the development or recovery of any natural resources, if such residues are classified as hazardous by order of the commission, after notice and public hearing. For purposes of classification, the commission must find that the residue, because of its quantity, concentration, or physical, chemical or infectious characteristics may:
(A)Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(B)Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(c)Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or application of the substances described in paragraphs (a) and (b) of this subsection.
(8)“Hazardous waste disposal site” means a geographical site in which or upon which hazardous waste is disposed.
(9)“Hazardous waste storage site” means the geographical site upon which hazardous waste is stored.
(10)“Hazardous waste treatment site” means the geographical site upon which or a facility in which hazardous waste is treated.
(11)“Manifest” means the form used for identifying the quantity, composition, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.
(12)“PCB” has the meaning given that term in ORS 466.505 (Definitions for ORS 466.505 to 466.530).
(13)“Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.
(14)“Store” or “storage” means the containment of hazardous waste either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.
(15)“Transporter” means any person engaged in the transportation of hazardous waste by any means.
(16)“Treat” or “treatment” means any method, technique, activity or process, including but not limited to neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. [Formerly 459.410; 1987 c.540 §4]
Notes of Decisions
Defendant owning a storage area for pesticide wastes was operating a disposal site for which a license is required. State ex rel Dept. of Environmental Quality v. Chem. Waste Storage and Disposition, Inc., 19 Or App 712, 528 P2d 1076 (1974)
Law Review Citations
29 WLR 297 (1993)