70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2689

                        Senate Bill 1126

Sponsored by COMMITTEE ON JUDICIARY


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Subjects persistent bioaccumulative toxins (PBTs) to regulation
as hazardous waste.

                        A BILL FOR AN ACT
Relating to persistent bioaccumulative toxins; creating new
  provisions; and amending ORS 466.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 1999 Act is added to and made
a part of ORS chapter 466.005 to 466.385. + }
  SECTION 2.  { + Pursuant to rules adopted by the Environmental
Quality Commission, the Department of Environmental Quality shall
regulate a PBT as a hazardous waste and:
  (1) Establish a standard for safe levels of PBTs.
  (2) Establish monitoring requirements of and restrictions on
facilities that are sources of PBTs.
  (3) To the extent direct measurement of PBT levels is
technologically infeasible, model acceptable levels of PBTs based
on available scientific data and accepted scientific
practices. + }
  SECTION 3. ORS 466.005 is amended to read:
  466.005. As used in ORS 453.635 and 466.005 to 466.385 and
466.992, unless the context requires otherwise:
  (1) 'Commission' means the Environmental Quality Commission.
  (2) 'Department' means the Department of Environmental Quality.
  (3) 'Director' means the Director of the Department of
Environmental Quality.
  (4) 'Dispose' or 'disposal' means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any hazardous
waste into or on any land or water so that the hazardous waste or
any hazardous constituent thereof may enter the environment or be
emitted into the air or discharged into any waters of the state
as defined in ORS 468B.005.
  (5) 'Facility' means all contiguous land, structures, other
appurtenances and improvements on the land used for treating,
storing or disposing of hazardous waste. 'Facility' may consist
of one or more treatment, storage or disposal operational units.
  (6) 'Generator' means the person, who by virtue of ownership,
management or control, is responsible for causing or allowing to
be caused the creation of a hazardous waste.
  (7) 'Hazardous waste' does not include radioactive material or
the radioactively contaminated containers and receptacles used in
the transportation, storage, use or application of radioactive
waste, unless the material, container or receptacle is classified
as hazardous waste under paragraph (a), (b) or (c) of this
subsection on some basis other than the radioactivity of the
material, container or receptacle. Hazardous waste does include
all of the following which are not declassified by the commission
under ORS 466.015 (3):
  (a) Discarded, useless or unwanted materials or residues
resulting from any substance or combination of substances
intended for the purpose of defoliating plants or for the
preventing, destroying, repelling or mitigating of insects,
fungi, weeds, rodents or predatory animals, including but not
limited to defoliants, desiccants, fungicides, herbicides,
insecticides, nematocides and rodenticides.
  (b) Residues resulting from any process of industry,
manufacturing, trade or business or government or from the
development or recovery of any natural resources, if such
residues are classified as hazardous by order of the commission,
after notice and public hearing. For purposes of classification,
the commission must find that the residue, because of its
quantity, concentration, or physical, chemical or infectious
characteristics may:
  (A) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness; or
  (B) Pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
  (c) Discarded, useless or unwanted containers and receptacles
used in the transportation, storage, use or application of the
substances described in paragraphs (a) and (b) of this
subsection.
  (8) 'Hazardous waste disposal site' means a geographical site
in which or upon which hazardous waste is disposed.
  (9) 'Hazardous waste storage site' means the geographical site
upon which hazardous waste is stored.
  (10) 'Hazardous waste treatment site' means the geographical
site upon which or a facility in which hazardous waste is
treated.
  (11) 'Manifest' means the form used for identifying the
quantity, composition, and the origin, routing and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment or storage.
   { +  (12) 'PBT' means a persistent bioaccumulative toxin,
including but not limited to dioxins and furans. + }
    { - (12) - }   { + (13) + } 'PCB' has the meaning given that
term in ORS 466.505.
    { - (13) - }   { + (14) + } 'Person' means the United States,
the state or a public or private corporation, local government
unit, public agency, individual, partnership, association, firm,
trust, estate or any other legal entity.
    { - (14) - }   { + (15) + } 'Store' or 'storage' means the
containment of hazardous waste either on a temporary basis or for
a period of years, in a manner that does not constitute disposal
of the hazardous waste.
    { - (15) - }   { + (16) + } 'Transporter' means any person
engaged in the transportation of hazardous waste by any means.
    { - (16) - }   { + (17) + } 'Treat' or 'treatment' means any
method, technique, activity or process, including but not limited
to neutralization, designed to change the physical, chemical, or
biological character or composition of any hazardous waste so as
to neutralize the waste or so as to render the waste
nonhazardous, safer for transport, amenable for recovery,
amenable for storage, or reduced in volume.
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