The terms “disposal site,” “hazardous substances” and “release” are defined in ORS 459.005(11), 465.200(9) and 465.200(14), respectively. Within the meaning of these terms, the solid waste Orphan Site Account may be used for investigation and cleanup of a release of hazardous substances at the following types of solid waste disposal sites:

1. (1) Solid waste disposal sites owned or operated by a local government unit. Examples include:

   1. (a) Sites where the local government unit is conducting a removal or remedial action pursuant to ORS 465.260; and
   2. (b) Sites owned or operated by a local government unit where DEQ is conducting a removal or remedial action.

2. (2) Privately owned or operated solid waste disposal sites which receive or received domestic solid waste and for which DEQ determines responsible parties are unknown, unwilling, or unable to undertake removal or remedial action. Examples include:

   1. (a) Sites for which a local government unit has liability where DEQ conducts a removal or remedial action;
   2. (b) Sites for which a local government unit has no liability where DEQ conducts a removal or remedial action; and
   3. (c) Sites where a local government unit conducts a removal or remedial action at an orphan site under an ORS 465.260 order or agreement with DEQ.

Statutory/Other Authority

ORS 459.045, 459.236 & 459.311

Statutes/Other Implemented

ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900

History

DEQ 7-1993, f. & cert. ef. 4-27-93