Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 468.926

Unlawful disposal, storage or treatment of hazardous waste in the first degree

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      468.926 Unlawful disposal, storage or treatment of hazardous waste in the first degree. (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 466.020, 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and:

      (a) As a result, recklessly causes substantial harm to human health or the environment; or

      (b) Knowingly disregards the law in committing the violation.

      (2) Unlawful disposal, storage or treatment of hazardous waste in the first degree is a Class B felony.

      (3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful disposal, storage or treatment of hazardous waste in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §2]

Notes of Decisions
Cited in 5 cases, 1999–2017 · leading case: Oil Re-Refining Co. v. Environmental Quality Commission
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Oil Re-Refining Co. v. Environmental Quality Commission (2017) or “922(1) (defining unlawful treatment of hazardous waste in the second degree); ORS 468.926(1) (defining unlawful treatment of hazardous waste in the first degree).”
State v. Stevens Equipment Company (2000) orctapp · cites it 5× “ORS 468.926. 1 Defendant assigns error to the trial court’s denial of its motion to dismiss the indictment, arguing that the prosecution was in violation of ORS 468.”
State v. Maxwell (1999) orctapp · cites it 14× “ORS 468.926. He assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that the state’s evidence was insufficient to prove that his conduct constituted “storage” of hazardous waste.”
State v. Peekema (1999) or · cites it 3× “Defendants were charged in separate indictments with two counts of unlawful disposal of hazardous waste in the first degree, ORS 468.926, 1 two counts of unlawful storage of hazardous waste in the first degree, ORS 468.”
State v. Lebeck (2000) orctapp “Defendant was convicted on four counts of unlawful disposal or storage of hazardous waste, ORS 468.926, one count of supplying false information to an agency, ORS 468.”
— Or. Rev. Stat. § 468.926(1) — 2 cases
Oil Re-Refining Co. v. Environmental Quality Commission (2017) or “922(1) (defining unlawful treatment of hazardous waste in the second degree); ORS 468.926(1) (defining unlawful treatment of hazardous waste in the first degree).”
State v. Maxwell (1999) orctapp “ORS 468.926. He assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that the state’s evidence was insufficient to prove that his conduct constituted “storage” of hazardous waste.”
— Or. Rev. Stat. § 468.926(l)(b) — 1 case
State v. Maxwell (1999) orctapp “ORS 468.926. He assigns error to the trial court’s denial of his motion for judgment of acquittal, arguing that the state’s evidence was insufficient to prove that his conduct constituted “storage” of hazardous waste.”
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