Or. Admin. R. 340-140-0050 - Responsibilities for Ownership of Waste, Storage, and Security

Current through Register Vol. 60, No. 12, December 1, 2021

(1) When the disposal of chemicals from an illegal drug lab cannot be accomplished immediately after discovery, all confiscated materials will be the responsibility of the law enforcement agency and declared to be potential evidence pending investigation of an alleged crime. The law enforcement agency will remain responsible for the materials from the time of discovery to loading by the Department's contractor for final transport to the TSDF or an alternate legal disposal. In those cases where the law enforcement agency is the registered waste generator the responsibilities will continue as defined by federal and state statutes.
(2) The Department will serve as the legal generator of any hazardous wastes identified at the time of loading for transport to disposal, unless:
(a) Any such material is transported to disposal from a site owned by the law enforcement agency or the governmental entity it represents and that site already has a waste generator identification number for some other generator. Drug lab waste shipped from such sites will not be counted in calculating the waste generator fees assessed by DEQ for other waste management activities;
(b) Opportunity and justification exists to assign this responsibility to the responsible party;
(c) The Department has been unable to secure sufficient funds to properly manage the materials and has returned control of the disposal to the law enforcement agency.
(3) The Department will make application to the Environmental Protection Agency for generator status when applicable, or assist the law enforcement agency in achieving registration:
(a) Contractors moving hazardous waste from a cleanup site to disposal will use the registration number provided by, or through, the Department for that purpose;
(b) Law enforcement agency contractors moving evidence from a cleanup site to storage designated by the law enforcement agency will follow all applicable transporter regulations for transport of hazardous materials;
(c) As part of the work done for the Department, within five days of removing hazardous materials from an illegal drug lab site covered by ORS 453.855 - 453.992, contractors will provide copies of hazardous waste manifests, associated packing lists, and any related documentation of chemicals found at the site, to the Oregon Health Division, Office of Epidemiology and Health Statistics.
(4) Security at the cleanup site or storage location for contractor's staff and the confiscated materials, will be provided by the agency requesting the cleanup assistance.

Notes

Or. Admin. R. 340-140-0050
DEQ 25-1990(Temp), f. & cert. ef. 7-6-90; DEQ 47-1990, f. & cert. ef. 12-26-90; DEQ 4-1992, f. & cert. ef. 2-20-92

Stat. Auth.: ORS 475.405 -ORS 475.495

Stats. Implemented:ORS 475.445

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