1. (1) In carrying out cleanup operations, items with residual contamination, in addition to hazardous waste, may be taken into custody and turned over to the Department by a law enforcement agency to protect public health and/or the environment. Any such items will be managed according to the appropriate statutes and rules for those materials. Unless otherwise regulated, these items may be handled in the following ways:

   1. (a) Items where the value after decontamination will be less than the cost of decontamination will be disposed of as solid waste, or to provide additional security, as hazardous waste;
   2. (b) Items not characterized as hazardous waste may be held until an acceptable recipient capable of decontaminating the items, and/or salvaging parts of the items, can be found. Recipients may be considered acceptable and capable of decontaminating or salvaging if they engage in that business professionally and have proper business license, and if required, Health Division approval. They must be willing to accept all risks and liabilities associated with ownership, operating, or reselling potentially contaminated items.
2. (2) All revenue generated by the Department under subsection (1)(b) of this rule will be deposited in the Illegal Drug Cleanup Fund.

Statutory/Other Authority

ORS 475.405 - 475.495

Statutes/Other Implemented

ORS 475.435

History

DEQ 4-1992, f. & cert. ef. 2-20-92
DEQ 47-1990, f. & cert. ef. 12-26-90
DEQ 25-1990(Temp), f. & cert. ef. 7-6-90