466.095
Hazardous waste to be stored or treated at permitted site; exemptions. (1) Except as provided in ORS
466.075 (2), no person shall:
(a) Store a
hazardous waste anywhere in this state except at a permitted hazardous waste
treatment, storage or disposal site;
(b) Establish,
construct or operate a hazardous waste storage site in this state without
obtaining a hazardous waste storage site permit issued pursuant to ORS 466.005
to 466.385, 466.990 (1) and (2) and 466.992; or
(c) Establish,
construct or operate a hazardous waste treatment site in this state without
obtaining a hazardous waste treatment site permit issued under ORS 466.005 to
466.385 and 466.992.
(2) The
Environmental Quality Commission may exempt certain classes of hazardous waste
storage or treatment sites from part or all of the permitting requirements for
these sites. Such an exemption can only be made if the commission finds that,
because of the quantity, concentration or type of waste or duration of storage,
such a class of storage or treatment site is not likely to endanger the public
health, welfare or safety or the environment.
(3) If the
Director of the Department of Environmental Quality finds an emergency
condition to exist, the director may authorize the short-term storage or
treatment of a hazardous waste anywhere in the state as long as such temporary
storage or treatment shall not constitute a hazard to public health, welfare or
safety or to the environment. [Formerly 459.505; 1987 c.540 §9; 1993 c.422 §23]
Notes of Decisions
Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015).
· cites it 17× “Based on the parties’ arguments, however, we conclude that it is appropriate to review the commission’s interpretation of ORS 466.095 (l)(c) for consistency with the legislature’s intention in enacting the statute — the standard applied to inexact terms — because we cannot say…”
Benjamin v. Douglas Ridge Rifle Club, 673 F. Supp. 2d 1210 (D. Or. 2009).
“§ 6925 (a); ORS 466.095. Finally, plaintiff claims that defendant placed fill material in wetlands and creeks on DRRC property without first obtaining a permit pursuant to ORS 196.”
State v. Stevens Equip. Co., 998 P.2d 1278 (Or. Ct. App. 2000).
· cites it 2× “926 provides, in relevant part: “(1) A person commits the crime of unlawful disposal, storage, or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and: “(a) As a…”
State v. Maxwell, 984 P.2d 361 (Or. Ct. App. 1999).
· cites it 6× “926 provides, in part: “(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.”
State v. Peekema, 976 P.2d 1128 (Or. 1999).
“926 provides, in part: “(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.”
— Or. Rev. Stat. § 466.095(1) — 2 cases
Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015).
“Based on the parties’ arguments, however, we conclude that it is appropriate to review the commission’s interpretation of ORS 466.095 (l)(c) for consistency with the legislature’s intention in enacting the statute — the standard applied to inexact terms — because we cannot say…”
— Or. Rev. Stat. § 466.095(1)(c) — 1 case
— Or. Rev. Stat. § 466.095(l)(c) — 2 cases
Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015).
“Based on the parties’ arguments, however, we conclude that it is appropriate to review the commission’s interpretation of ORS 466.095 (l)(c) for consistency with the legislature’s intention in enacting the statute — the standard applied to inexact terms — because we cannot say…”
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