Oregon Revised Statutes
As used in ORS 465.003 to 465.034: “Conditionally exempt generator” means a generator that generates less than 2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less than 220 pounds of hazardous waste in one calendar month. “Facility” means all buildings, equipment, structures and other stationary items located on a single …
In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares that it is the policy of the State of Oregon to encourage reduction in the use of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, …
The Environmental Quality Commission by rule may: Add or remove any toxic substance or hazardous waste from the provisions of ORS 465.003 to 465.034; and Modify the definition of “large user” to coincide with the amounts specified in federal regulations for the reporting of toxic chemical releases.
The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which the department shall give priority in providing technical assistance, the department shall consider at least the following: Amounts and toxicity of toxics used and amounts of hazardo…
Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental Quality that the person meets the definition of a toxics user, complete a toxics use reduction and hazardous waste reduction plan. At a minimum, a plan shall include: A written policy articulating organizatio…
Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics user shall notify the Department of Environmental Quality in a form determined by the department that the plan or system is in place. Twelve months after notifying the department under subsecti…
The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental management system. If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inad…
Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out the provisions of ORS 465.003 to 465.034. The assistance shall emphasize strategies to encourage toxics use reduction and hazardous waste reduction and shall provide assistance to fa…
An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include, but not be limited to: A summary of how the toxics use reduction and hazardous waste reduction plan or environmental management system has been implemented; A description of specific successes t…
Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to: Hazardous wastes generated from a removal, as defined in ORS 465.200, or from a one-time event. A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute.
ORS 465.003 to 465.034 shall be known as the Toxics Use Reduction and Hazardous Waste Reduction Act.
BULK PETROLEUM PRODUCT WITHDRAWAL REGULATION
As used in ORS 465.101 to 465.131: “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge used to transport those products. “Cargo tank”…
The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person who orders the withdrawal a petroleum products withdrawal delivery fee in the maximum amount of $10. Any person who imports petroleum products in a cargo tank or a barge for delivery into a storage tank, other tha…
The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state’s oil, hazardous material and hazardous substance emergency response program, as described in ORS 465.127.
The Department of Revenue shall collect the fee imposed under ORS 465.104. Any petroleum product which the Constitution or laws of the United States prohibit the state from taxing is exempt from the fee imposed under ORS 465.104.
Every seller of a petroleum product withdrawn from a bulk facility required to collect the fee imposed by ORS 465.101 to 465.131 is deemed to hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided by ORS 465.104. If the seller fails to remit any amount of the fee deemed …
The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 465.101 to 465.131. The extension may be granted at any time if a written request is filed with the department within or prior to the period for which the extension may be granted. If the time for payment is extended at the request …
Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person’s registered place of business complete and accurate records of any petroleum products sold, purchased by or brought in or caused to be brought in to the place of business. The Department of Revenue, upon oral or written reasonable notice…
The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent with its provisions and are considered necessary and appropriate.
The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and…
All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpaymen…
The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product.
REMOVAL OR REMEDIAL ACTION (Generally)
As used in ORS 465.200 to 465.485 and 465.900: “Claim” means a demand in writing for a sum certain. “Commission” means the Environmental Quality Commission. “Department” means the Department of Environmental Quality. “Director” means the Director of the Department of Environmental Quality. “Environment” includes the waters of the state, any drinking wat…
The Legislative Assembly finds that: The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and The threats posed by the release of a hazardous substance can be minimized by prompt identification of facilities and implementation of removal or remedi…
In addition to any other authority granted by law, the Department of Environmental Quality may: Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other …
For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405. The director shall make the list available for the public at the offices of the Department of Environmenta…
The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action. The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection …
For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which: A confirmed release is documented by the department; and The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutio…
According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines: Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future publi…
The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality. The inventory shall include but need not be limited to: The following information, if known: A general description of the facility; Address or location; Time period during which a release occu…
Nothing in ORS 465.225 to 465.240, 465.405 and 465.410 or placement of a facility on the list under ORS 465.215 shall be construed to be a prerequisite to or otherwise affect the authority of the Director of the Department of Environmental Quality to undertake, order or authorize a removal or remedial action under ORS 465.200 to 465.485 and 465.900.
When the Department of Environmental Quality receives information about a release or a threat of release from a potential facility, the department shall evaluate the information and document its conclusions and may approve or conduct a preliminary assessment. However, if the department determines there is a significant threat to present or future public heal…
Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated, stored, transported to, disposed of or released at a facility and the dates thereof, or to the identity or financial resources of a potentially responsible person, shall, upon request by the Departmen…
The following persons shall be strictly liable for those remedial action costs incurred by the state or any other person that are attributable to or associated with a facility and for damages for injury to or destruction of any natural resources caused by a release: Any owner or operator at or during the time of the acts or omissions that resulted in the re…
Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable under ORS 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that…
The Director of the Department of Environmental Quality may undertake any removal or remedial action necessary to protect the public health, safety, welfare and the environment. The director may authorize any person to carry out any removal or remedial action in accordance with any requirements of or directions from the director, if the director determines …
As used in ORS 465.265 to 465.310, “person” includes but need not be limited to a person liable under ORS 465.255. Except as provided in ORS 465.275 (2), “person” does not include the state or any state agency or the federal government or any agency of the federal government.
The Legislative Assembly finds that: The costs of cleanup may result in economic hardship or bankruptcy for individuals and businesses that are otherwise financially viable; These persons may be willing to clean up their sites and pay the associated costs; however, financial assistance from private lenders may not be available to pay for the cleanup; and …
The Department of Environmental Quality may conduct: A financial assistance program, including but not limited to loan guarantees, to assist persons in financing the cost of remedial action. Activities necessary to carry out the purpose of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310, including but not limited to entering into contracts or agreemen…
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310 and to insure that interest on bonds issued under ORS 468.195 to be used for removal or remedial action of hazardous substances is not includable in…
The Department of Environmental Quality may provide financial assistance only to persons who meet all of the following eligibility requirements: The department has determined that removal or remedial action proposed by the applicant is necessary to protect the public health, safety and welfare or the environment. The applicant demonstrates to the departmen…
The obligation of the Department of Environmental Quality to provide financial assistance or to advance money under a financial assistance agreement made under ORS 465.285 shall not constitute an obligation against the General Fund or any other state fund except against the Hazardous Substance Remedial Action Fund to the extent moneys in the Hazardous Substa…
Notwithstanding any provision of ORS chapter 183, the decision of the Department of Environmental Quality to approve or deny financial assistance under ORS 465.265 to 465.310 or the department’s determination of the amount or use of a remedial action cost estimate under ORS 465.290 shall not be subject to appeal to the Environmental Quality Commission or sub…
Financial records and other information that are submitted to the Department of Environmental Quality as part of an application for financial assistance under ORS 465.265 to 465.310 shall be exempt from disclosure under ORS 192.311 to 192.478, unless the public interest requires disclosure in a particular instance.
The Environmental Quality Commission may establish by rule reasonable fees for applicants for financial assistance sufficient to pay for the costs of the Department of Environmental Quality of carrying out the provisions of ORS 465.265 to 465.310.
For the purposes of ORS 465.265 to 465.310, the Department of Environmental Quality may place moneys for the purpose of providing financial assistance in reserve status or subaccounts within the Hazardous Substance Remedial Action Fund. Moneys placed in reserve status or subaccounts under this section in connection with a financial assistance agreement shall…
Any removal or remedial action performed under the provisions of ORS 465.200 to 465.485 and 465.900 shall attain a degree of cleanup of the hazardous substance and control of further release of the hazardous substance that assures protection of present and future public health, safety and welfare and of the environment. The Director of the Department of Env…
Except as provided in ORS 465.260 (3), before approval of any remedial action to be undertaken by the Department of Environmental Quality or any other person, adoption of a certification decision under ORS 465.325 or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, the departme…
The Director of the Department of Environmental Quality, in the director’s discretion, may enter into an agreement with any person including the owner or operator of the facility from which a release emanates, or any other potentially responsible person to perform any removal or remedial action if the director determines that the actions will be properly don…
In order to facilitate cleanup and reuse of contaminated property, the Department of Environmental Quality may, through a written agreement, provide a party with a release from potential liability under ORS 465.255, 466.640 and 468B.310 if: The party is not currently liable under: ORS 465.255 for an existing release of hazardous substance at the facility; …
The Department of Environmental Quality shall keep a record of the state’s remedial action costs. Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 465.255 or 465.260 to pay the amount of the state’s remedial action costs and, if applicable, punitive damages. If the…
Notwithstanding ORS 291.050 to 291.060, the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative actions required by the provisions of ORS 465.315, 465.325 and 465.327. After July 18, 1995, the department may recover such costs by requiring any person liable under ORS…
All of the state’s remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260 or 465.900 shall constitute a lien upon any real and personal property owned by the person. At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a c…
A person who is a contractor with respect to any release of a hazardous substance from a facility shall not be liable under ORS 465.200 to 465.485 and 465.900 or under any other state law to any person for injuries, costs, damages, expenses or other liability including but not limited to claims for indemnification or contribution and claims by third parties …
Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a permit issued under ORS 466.005 to 466.385 and 466.992 shall pay a hazardous waste management fee by the 45th day after the last day of each month for all waste brought into the facility during that month for treatment by inciner…
Notwithstanding ORS 465.375 (2) and (3), the hazardous waste management fee shall be: $20 per ton for waste received by the facility that is: PCB under Oregon or federal law; Hazardous waste that becomes subject to regulation solely as a result of removal or remedial action taken in response to environmental contamination; or Hazardous waste that results…
The Department of Environmental Quality shall work cooperatively with other states to avoid disrupting or changing waste flows between states that may be caused by the establishment or adjustment of state disposal fees.
The Hazardous Substance Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned by the fund shall be credited to the fund. The following shall be deposited into the State Treasury and credited to the Hazardous Substance Remedial Action Fund: Fees received by the Department of Environmental Qual…
Notwithstanding the totals established in ORS 459.236, the Environmental Quality Commission by rule may increase the total amount to be collected annually as a fee and deposited into the Orphan Site Account under ORS 459.236. The commission shall approve an increase if the commission determines: Existing fees being deposited into the Orphan Site Account are…
Nothing in ORS 453.396 to 453.408, 453.414, 459.236 and 459.311, including the limitation on the amount a local government unit must contribute under ORS 459.236 and 459.311, shall be construed to affect or limit the liability of any person.
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.200 to 465.485 and 465.900. Within one year after July 16, 1987, the commission shall adopt rules establishing the levels, factors, criteria or other provisions for the degree of cleanup inclu…
The Environmental Quality Commission shall adopt by rule: A definition of “confirmed release” and “preliminary assessment”; and Criteria to be applied by the Director of the Department of Environmental Quality in determining whether to remove a facility from the list and inventory under ORS 465.230. In adopting rules under this section, the commission sha…
In addition to the rules adopted under ORS 465.405, the Environmental Quality Commission shall adopt by rule a procedure for ranking facilities on the inventory based on the short-term and long-term risks they pose to present and future public health, safety, welfare or the environment.
The Director of the Department of Environmental Quality shall appoint a Remedial Action Advisory Committee in order to advise the Department of Environmental Quality in the development of rules for the implementation of ORS 465.200 to 465.485 and 465.900. The committee shall be comprised of members representing at least the following interests: Citizens; L…
As used in ORS 465.430 to 465.455, “security interest holder” means a person who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in a facility.
The Legislative Assembly finds that existing federal and state law related to liability of a security interest holder for environmental contamination is unclear, and that such lack of clarity has created uncertainty on the part of security interest holders as to whether security interest holders are liable for environmental contamination caused by their borr…
The Environmental Quality Commission may adopt rules necessary to clarify the scope and meaning of the exemption from liability under ORS 465.255 of a security interest holder. The rules shall: Identify activities that are consistent with holding and protecting a security interest in a facility and therefore exempt from liability under ORS 465.255; Identif…
In accordance with the purposes of ORS 465.425 to 465.455, the Environmental Quality Commission by rule shall define the instances in which a person acting under ORS chapter 709 and in a fiduciary capacity shall be exempt from liability for environmental contamination at property the fiduciary holds in a fiduciary capacity. In adopting the rules, the commiss…
The Director of the Department of Environmental Quality shall appoint an advisory committee to advise the Department of Environmental Quality and the Environmental Quality Commission in the development of rules under ORS 465.435 and 465.440.
Notwithstanding the discretion otherwise allowed under ORS 465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the Environmental Quality Commission shall adopt rules under ORS 465.435.
Nothing in ORS 465.425 to 465.455 or any rule adopted under ORS 465.435 or 465.440 shall be construed to impose liability on a security interest holder or fiduciary or to expand the liability of a security interest holder or fiduciary beyond that which might otherwise exist. (Oregon Environmental Cleanup Assistance)
For the purposes of ORS 465.475 to 465.484: “Environmental claim” means a claim for defense or indemnity submitted under a general liability insurance policy by an insured facing, or allegedly facing, potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water. “General liability insurance p…
The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted sites in this state. The State of Oregon has a substantial public interest in promoting the fair and efficient resolution of environmental claims while encouraging voluntary compliance and …
If, after a diligent investigation by an insured of the insured’s own records, including computer records and the records of past and present agents of the insured, the insured is unable to reconstruct a lost policy, the insured may provide a notice of a lost policy to an insurer. An insurer must investigate thoroughly and promptly a notice of a lost policy…
As used in this section: “Long-tail environmental claim” means an environmental claim covered by multiple general liability insurance policies. “Suit” or “lawsuit” includes but is not limited to formal judicial proceedings, administrative proceedings and actions taken under Oregon or federal law, including actions taken under administrative oversight of th…
A general liability insurance policy that contains a provision that requires the consent of an insurance company before the rights under an insurance policy may be assigned may not prohibit the assignment without consent of an environmental claim for payment under the policy for losses or damages that commenced prior to the assignment. The assignment and any…
If the provisions of a general liability insurance policy impose a duty to defend upon an insurer, and the insurer has undertaken the defense of an environmental claim on behalf of an insured under a reservation of rights, or if the insured has potential liability for the environmental claim in excess of the limits of the general liability insurance policy, …
An insurer or any other person may not commit any of the following unfair environmental claims settlement practices: Failure to commence investigation of an environmental claim within 15 working days after receipt of a notice of an environmental claim or failure to diligently respond to tenders of environmental claims, provided that an excess insurer may re…
ORS 465.475 to 465.484 shall be known and may be cited as the Oregon Environmental Cleanup Assistance Act.
CHEMICAL AGENTS
As used in ORS 465.550 and 465.555: “Chemical agents” means: Blister agents, such as mustard gas; Nerve agents, such as sarin and VX; Residues from demilitarization, treatment and testing of blister agents; and Residues from demilitarization, treatment and testing of nerve agents. “Major recovery action” means a recovery action that will take more than…
If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated to occur at the site, the governing body of the county may conduct an assessment of the social and economic effects on communities within the county that are likely to occur by reason of the major recovery or maj…
As used in ORS 465.600 to 465.621: “Authority” means any public land bank authority created pursuant to ORS 465.600 to 465.621. “Brownfield” has the meaning given that term in ORS 285A.185. “Local government” means a local government as defined in ORS 174.116 or a intergovernmental entity created under an intergovernmental agreement between two units of l…
A local government may, upon its own motion, consider whether it is advisable to create an authority for the purpose of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties that are located within the geographic boundaries over which the local government has jurisdiction. If the local government, after public hearing accor…
An authority shall be managed and controlled by a board of directors. The initial board of directors shall be appointed by the local government that created the authority. Subsequent directors shall be appointed as provided in this section and the rules adopted by the authority. The regular term of a member of the board is four years. The board may establis…
An authority shall have all powers necessary to accomplish the purposes of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties, including without limitation the power to: Sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against the authority. Acquire, hold, use, enjoy and convey,…
Except as provided in subsection (2) of this section, the debts, obligations and other liabilities of an authority are not a general or other obligation or liability of the local government that created the authority. A local government may incur debt, including the issuance of bonds under any bonding authority available to the local government, on behalf o…
Except as provided in subsection (2) of this section, an authority, all assets owned by the authority, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to those bonds and the income from the bonds, shall be exempt from all taxation in the State of Oregon. The real and personal property owned by the au…
An authority shall keep a record of the authority’s remedial action costs. Notwithstanding any law to the contrary, an authority may, based on the record compiled by the authority under subsection (1) of this section, bring an action to recover from a person liable under ORS 465.255 or 465.260 the amount of the authority’s remedial action costs. In an acti…
Dissolution of an authority may be initiated: By resolution of the board of directors of the authority, filed with the local government that created the authority, if the board determines that dissolution of the authority is in the best interest of the community served by the authority; or By resolution of the local government that created the authority: …
In addition to any other penalty provided by law, any person who violates a provision of ORS 465.200 to 465.485, or any rule or order entered or adopted under ORS 465.200 to 465.485, shall incur a civil penalty not to exceed $25,000 a day for each day that such violation occurs or that failure to comply continues. The civil penalty authorized by subsection …
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