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ORS 469.525

Known as the Oregon Residential Energy Conservation Act

The act spans §§ 469–469 (299 sections).

Applied in 7 court decisions — leading case Teledyne Wah Chang Albany v. Energy Facility Siting Council (1985)

Most recently applied in Forelaws On Board v. Energy Facility Siting Council (January 1989)

Formerly 459.630; 1979 c.283 §2; 1981 c.587 §2; 2009 c.595 §953; 2021 c.38 §2

How often courts cite this section

19791980198910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Notwithstanding any other provision of this chapter, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state and no waste disposal facility for any radioactive waste shall be established, operated or licensed within this state, except as follows:

(a) Wastes generated before June 1, 1981, through industrial or manufacturing processes which contain only naturally occurring radioactive isotopes which are disposed of at sites approved by the Energy Facility Siting Council in accordance with ORS 469.375.

(b) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses shall be disposed of or treated at a hazardous waste disposal facility licensed by the Department of Environmental Quality and in a manner consistent with rules adopted by the Department of Environmental Quality after consultation with and approval by the Oregon Health Authority.

(c) Maintenance of radioactive coal ash at the site of a thermal power plant for which a site certificate has been issued pursuant to this chapter shall not constitute operation of a waste disposal facility so long as such coal ash is maintained in accordance with the terms of the site certificate as amended from time to time as necessary to protect the public health and safety.

(2) The Energy Facility Siting Council shall, in accordance with the applicable provisions of ORS chapter 183, adopt standards and rules as necessary to prevent the disposal of radioactive waste within this state.

(3) For purposes of this section, disposal does not include the temporary storage of:

(a) Radioactive waste used or generated pursuant to a license granted under ORS 453.635;

(b) Radioactive waste from a nuclear-fueled thermal power plant for which a site certificate has been issued pursuant to this chapter, on the site of that plant, until a permanent storage site is made available by the federal government; or

(c) Radioactive waste from a reactor for which a site certificate has been issued pursuant to this chapter that is operated by a college, university or graduate center for research purposes and is not connected to the Northwest Power Grid.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.