Oregon Revised Statutes

Or. Rev. Stat. § 469.525 (2026)

Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules

✓ current as of May 2026

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469.525 Prohibitions on radioactive waste disposal, arrangements for disposal, transportation for disposal and disposal facilities; exceptions; rules. (1) Notwithstanding any other provision of this chapter, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state and no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as follows:

(a) Wastes generated before June 1, 1981, through industrial or manufacturing processes which contain only naturally occurring radioactive isotopes which are disposed of at sites approved by the Energy Facility Siting Council in accordance with ORS 469.375.

(b) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses shall be disposed of or treated at a hazardous waste disposal facility licensed by the Department of Environmental Quality and in a manner consistent with rules adopted by the Department of Environmental Quality after consultation with and approval by the Oregon Health Authority.

(c) Maintenance of radioactive coal ash at the site of a thermal power plant for which a site certificate has been issued pursuant to this chapter shall not constitute operation of a waste disposal facility so long as such coal ash is maintained in accordance with the terms of the site certificate as amended from time to time as necessary to protect the public health and safety.

(2) The Energy Facility Siting Council shall, in accordance with the applicable provisions of ORS chapter 183, adopt standards and rules as necessary to prevent the disposal of radioactive waste within this state.

(3) For purposes of this section, disposal does not include the temporary storage of:

(a) Radioactive waste used or generated pursuant to a license granted under ORS 453.635;

(b) Radioactive waste from a nuclear-fueled thermal power plant for which a site certificate has been issued pursuant to this chapter, on the site of that plant, until a permanent storage site is made available by the federal government; or

(c) Radioactive waste from a reactor for which a site certificate has been issued pursuant to this chapter that is operated by a college, university or graduate center for research purposes and is not connected to the Northwest Power Grid. [Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2; 2009 c.595 §953; 2021 c.38 §2]

Notes of Decisions

Cited in 7 cases, 1979–1989 · leading case: Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984).

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Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984). · cites it 2× “375, which includes many kinds of prohibited waste, rather than using the narrower definition set out in ORS 469.525. Second, the explanation does not state the findings the Energy Facility Siting Council is currently required to make.”

Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). · cites it 2× “1 Notwithstanding the statutory provision for a site certificate, ORS 469.525 bans, with three exceptions, the disposal of radioactive waste.”

Wyers v. Dressler, 601 P.2d 1268 (Or. Ct. App. 1979). “3 They contend that PGE’s storage of spent fuel rods in greater numbers and for longer periods of time than specified in its site certificate is a violation of the conditions of that certificate as well as a violation of the provisions of ORS 469.525 which prohibits the…”

Teledyne Wah Chang Albany v. Paulus, 670 P.2d 1021 (Or. 1983). · cites it 2× “375 is narrowed by ORS 469.525(1) so that disposal facilities may store only wastes containing “naturally occurring radioactive isotopes,” it would be unfair if the ballot title did not reflect that narrowed scope.”

Teledyne Wah Chang Albany v. Energy Facility Siting Council, 692 P.2d 86 (Or. 1985). “” ORS 469.525. No energy facility may be constructed, expanded, or operated in Oregon unless a site certificate has been issued by EFSC.”

Forelaws on Bd. v. Energy Facility Siting Council, 734 P.2d 370 (Or. Ct. App. 1987). “745 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of the Uranium…”

Forelaws On Bd. v. Energy Facility Siting Council, 767 P.2d 899 (Or. 1989). “745 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of the Uranium…”

— Or. Rev. Stat. § 469.525(1) — 2 cases

Forelaws on Bd. v. Energy Facility Siting Council, 760 P.2d 212 (Or. 1988). “1 Notwithstanding the statutory provision for a site certificate, ORS 469.525 bans, with three exceptions, the disposal of radioactive waste.”

Teledyne Wah Chang Albany v. Paulus, 670 P.2d 1021 (Or. 1983). “375 is narrowed by ORS 469.525(1) so that disposal facilities may store only wastes containing “naturally occurring radioactive isotopes,” it would be unfair if the ballot title did not reflect that narrowed scope.”

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