Department of Environmental Quality
Chapter 340
Division 93
SOLID WASTE: GENERAL PROVISIONS
340-093-0040
Prohibited Disposal
(1) No person shall dispose of or authorize the disposal of solid waste except at a solid waste disposal site or waste tire storage site permitted by the Department to receive that waste, or at a class of disposal site or waste tire storage site specifically exempted by OAR 340-093-0050(5) from the requirement to obtain a solid waste permit.
(2) Wastes prohibited from disposal at solid waste disposal sites or waste tire storage sites:
(a) Hazardous Wastes. Wastes defined as hazardous wastes must be managed in accordance with ORS 466.005 et seq. and applicable regulations;
(b) Hazardous Wastes from Other States. Wastes which are hazardous under the law of the state of origin shall not be managed at a solid waste disposal site or waste tire storage site when transported to Oregon. Such wastes may be managed at a hazardous waste facility in Oregon if the facility is authorized to accept the wastes pursuant to ORS 466.005 et seq. and applicable regulations.
(3) No person shall dispose of and no disposal site or waste tire storage site shall knowingly accept for disposal at a solid waste disposal site or waste tire storage site any of the following:
(a) Used oil as defined in ORS 468.850(5), including liquid used oil and used oil purposely mixed with other materials for the purpose of disposal, but not including cleanup materials from incidental or accidental spills where the used oil spilled cannot feasibly be recovered as liquid oil;
(b) Discarded or abandoned vehicles;
(c) Discarded large metal-jacketed residential, commercial or industrial appliances such as refrigerators, washers, stoves and water heaters;
(d) Tires, except those that meet size reduction criteria as provided in OAR 340-093-0190(4). Waste tires shall be managed and stored under a Department-issued waste tire storage permit.;
(e) Lead-acid batteries.
(4) Notwithstanding any other provision of law relating to solid waste disposal, if the state of origin prohibits or restricts the disposal of any kind of solid waste within the state of origin, such prohibition or restriction also shall apply to the disposal of the out-of-state solid waste in Oregon.
Statutory/Other Authority: ORS 459.005-418, 459.045(1)&(3), 459A.100-120, 459.235(2), 459.420, 468.065 & 459.785
Statutes/Other Implemented: ORS 459.005(8), 459.205(1) & 459.710
History:
DEQ 11-2023, amend filed 07/21/2023, effective 07/21/2023
DEQ 17-1997, f. & cert. ef. 8-14-97
DEQ 5-1993, f. & cert. ef. 3-10-93, Renumbered from 340-061-0060
DEQ 24-1990, f. & cert. ef. 7-6-90
DEQ 14-1990, f. & cert. ef. 3-22-90
DEQ 6-1989, f. 4-24-89, cert. ef. 5-4-89
DEQ 30-1988(Temp), f. & cert. ef. 11-17-88
DEQ 41, f. 4-5-72, ef. 4-15-72