ORS 468.920
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 to 459.265. 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)


Source
Last accessed
May. 15, 2020