ORS 459.005 does not apply to wood residue that:

1. (1) Is a by-product of manufacturing wood products or processing wood at a facility that manufactures wood products, including a sawmill, pulp mill or paper mill;
2. (2) Is not commingled with other types of solid waste; and

3. (3)

   1. (a) Is combusted as a fuel by the generator of the wood residue in a facility that has obtained a permit described in ORS 468A.040 and that is owned or operated by that generator; or
   2. (b) Is purchased from or exchanged by the generator of the wood residue for fair market value and is combusted as a fuel in a facility that has obtained a permit described in ORS 468A.040.

Note: 459.007 was added to and made a part of ORS chapter 459 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

[2011 c.717 §3]