Or. Admin. Code § 340-102-0010 - Purpose, Scope and Applicability

(1) This division establishes standards for hazardous waste generators.

(2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273 and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

(3) Any person identified in section (4) of this rule is exempt from compliance with Divisions 100 to 106 provided such person complies with the requirements of Division 109.

(4) A person is exempt under section (3) of this rule if that person produces an unwanted pesticide residue other than unused commercial chemical product pesticide from:

(a) Pesticide manufacturing, repackaging, formulating, bulking, mixing, application, use, and cleaning up spilled material;

(b) Agricultural pest control (for example, on crops, livestock, Christmas trees, commercial nursery plants or grassland);

(c) Industrial pest control (for example, in warehouses, grain elevators, tank farms or rail yards);

(d) Structural pest control (for example, in human dwellings);

(e) Ornamental and turf pest control (for example, on ornamental trees, shrubs, flowers or turf);

(f) Forest pest control;

(g) Recreational pest control (for example, in parks or golf courses);

(h) Governmental pest control (for example, for clearing a right-of-way or vector, predator, and aquatic pest control);

(i) Seed treatment;

(j) Pesticide demonstration and research; or

(k) Wood treatment (for example, lumber, poles, ties and other wood products).

(5) A person who generates a hazardous waste as defined by 40 C.F.R. Sec. 261.3 must comply with this division's requirements. A person who fails to comply with these rules is subject to the compliance requirements and penalties prescribed by ORS 466.185 to 466.210, 459.992 and 466.995, 459.995, 466.880, 466.890, 466.895, 466.900 and OAR chapter 340, division 12.

Notes

Or. Admin. Code § 340-102-0010

DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 5-2015, f. & cert. ef. 4/15/2015

Stat. Auth.: ORS 183.325-337, 459, 465.009, 466.020, 465.009 & 468.020 Stats.Implemented: ORS 466.010, 466.015, 466.020, 466.075 & 466.195