Environmental Quality Generally

ORS 468.922
Unlawful disposal, storage or treatment of hazardous waste in the second degree


(1)

A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of ORS 466.095 (Hazardous waste to be stored or treated at permitted site) or 466.100 (Disposal of waste restricted) or any rule, standard, license, permit or order adopted or issued under ORS 466.020 (Rules and orders), 466.095 (Hazardous waste to be stored or treated at permitted site) or 466.100 (Disposal of waste restricted), knowingly treats, stores or disposes of hazardous waste.

(2)

(a) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation), unlawful disposal, storage or treatment of hazardous waste in the second degree is a Class B misdemeanor.

(b)

Notwithstanding ORS 161.635 (Fines for misdemeanors), in addition to any term of imprisonment that the court may impose under paragraph (a) of this subsection, the court may impose a fine of up to $25,000. [1993 c.422 §4; 1999 c.1051 §305; 2009 c.267 §12]
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
Jun. 26, 2021