Oregon Revised Statutes
As used in ORS 453.635 and 466.005 to 466.385 and 466.992, unless the context requires otherwise: “Commission” means the Environmental Quality Commission. “Department” means the Department of Environmental Quality. “Director” means the Director of the Department of Environmental Quality. “Dispose” or “disposal” means the discharge, deposit, injection, du…
The Legislative Assembly finds that it is in the interest of public health and safety and environment to protect Oregon citizens from the potential harmful effects of the transportation and treatment or disposal of hazardous waste and PCB within Oregon. Therefore, the Legislative Assembly declares that it is the purpose of ORS 466.005 to 466.385 and 466.992…
The Department of Environmental Quality shall: Provide for the administration, enforcement and implementation of ORS 466.005 to 466.385 and 466.992 and may perform all functions necessary: To insure the proper management of hazardous waste by generators; For the regulation of the operation and construction of hazardous waste treatment, storage and disposa…
In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall: Adopt rules and issue orders thereon, including but not limited to establishing minimum requirements for the treatment, storage and disposal of hazardous wastes, minimum requirements for operation, maintenance, monitoring, reporting and supervision of tr…
In order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the Environmental Quality Commission shall: Limit the number of facilities disposing of or treating hazardous waste or PCB; Establish classes of hazardous waste or PCB that may be disposed of or treated; Designate the location of a facility designed to dispose of or treat hazardou…
The Environmental Quality Commission may, by rule, designate classes of facilities designed to treat or dispose of hazardous waste or PCB that shall be subject to the provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.320.
The Environmental Quality Commission may impose specific standards for the range and type of hazardous waste or PCB treated or disposed of at a facility in order to protect the public health and safety and environment of Oregon.
Whenever the Environmental Quality Commission finds there is a need for an additional hazardous waste or PCB treatment or disposal facility according to the criteria established in ORS 466.055, the commission shall establish an application period during which persons may apply for a PCB disposal facility permit according to the provisions of ORS 466.260 to 4…
Upon request, the Department of Environmental Quality shall furnish an application form to any person interested in developing or constructing a hazardous waste or PCB treatment or disposal facility or a hazardous waste storage facility. Each such form shall contain: The name and address of the applicant. A statement of financial condition of the applicant…
To aid and advise the Director of the Department of Environmental Quality and the Environmental Quality Commission in the selection of a hazardous waste or PCB treatment or disposal facility or the site of such facility, the director shall establish citizen advisory committees as the director considers necessary. The director shall determine the representati…
Before issuing a permit for a new facility designed to dispose of or treat hazardous waste or PCB, the Environmental Quality Commission must find, on the basis of information submitted by the applicant, the Department of Environmental Quality or any other interested party, that the proposed facility meets the following criteria: The proposed facility locati…
Before issuing a permit for a facility designed to treat or dispose of hazardous waste or PCB, the permit applicant must demonstrate, and the Environmental Quality Commission must find, that the owner and operator meet the following criteria: The owner, any parent company of the owner and the operator have adequate financial and technical capability to prop…
As a condition to the issuance of a renewal permit under ORS 466.005 to 466.385 and 466.992, the Environmental Quality Commission may require the applicant to comply with all or some of the criteria set forth in ORS 466.055 and 466.060, except that any application for a renewal permit for a treatment or disposal facility located off the site of waste generat…
The Department of Environmental Quality may issue a permit modification under ORS 466.005 to 466.385 authorizing a recycling operation at a hazardous waste or PCB treatment or disposal facility located off the site of waste generation and operating on July 15, 1999, and shall not apply ORS 466.055 or 466.060, provided the owner or operator of the facility ob…
The Department of Environmental Quality shall implement a technical assistance and information program for generators of hazardous waste. The program shall include but need not be limited to: Direct, on-site assistance; Coordination with industry trade associations; Information clearinghouse activities; Publications and workshops; and Other activities r…
The Hazardous Waste Technical Assistance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on the Hazardous Waste Technical Assistance Fund shall be credited to the fund. Moneys in the Hazardous Waste Technical Assistance Fund are continuously appropriated to the Department of Environmental Quality to im…
In adopting rules under ORS 466.020 regulating the disposal of hazardous wastes, including, but not limited to, rules for the operation and maintenance of hazardous waste disposal sites, the Environmental Quality Commission shall provide for the highest and best practicable disposal of the hazardous wastes in a manner that will minimize: The possibility of …
The Environmental Quality Commission may, by rule, require generators of hazardous waste to: Identify themselves to the Department of Environmental Quality, list the location and general characteristics of their activity and name the hazardous waste generated; Keep records that accurately identify the quantities of such hazardous waste, the constituents th…
Generators of hazardous waste who are required to obtain a United States Environmental Protection Agency identification number from the Department of Environmental Quality pursuant to 40 C.F.R. 262.12 shall pay to the department a one-time processing fee of $200 at the time of submitting an application for the identification number. Fees paid under this sec…
In adopting rules governing transportation of any hazardous wastes for which a permit is required, the Department of Transportation or the State Department of Agriculture must consult with and consider the recommendations of the Department of Environmental Quality prior to the adoption of any such rules. Transporters shall be required to deliver hazardous wa…
The Environmental Quality Commission and the Department of Environmental Quality are authorized to perform or cause to be performed any act necessary to gain interim and final authorization of a hazardous waste regulatory program under the provisions of the Federal Resource Conservation and Recovery Act, P.L. 94-580 and the Hazardous and Solid Waste Amendmen…
Except as provided in subsection (2) of this section, any information filed or submitted pursuant to ORS 466.005 to 466.385 and 466.992 shall be made available for public inspection and copying during regular office hours of the Department of Environmental Quality at the expense of any person requesting copies. Unless classified by the Director of the Depar…
Except as provided in ORS 466.075 (2), no person shall: Store a hazardous waste anywhere in this state except at a permitted hazardous waste treatment, storage or disposal site; Establish, construct or operate a hazardous waste storage site in this state without obtaining a hazardous waste storage site permit issued pursuant to ORS 466.005 to 466.385, 466.…
Except as provided in subsection (3) of this section, no person shall dispose of any hazardous waste anywhere in this state except at a hazardous waste disposal site permitted pursuant to ORS 466.110 to 466.170. No person shall establish, construct or operate a disposal site without a permit therefor issued pursuant to ORS 466.005 to 466.385 and 466.992. T…
Each hazardous waste storage or treatment site permittee shall be required to do the following as a condition to holding the permit: Maintain records of any hazardous waste identified pursuant to provisions of ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992 which is stored or treated at the site and the manner in which such waste was stored or treat…
If a permittee is in bankruptcy, reorganization, or arrangement under the Federal Bankruptcy Code or if, with reasonable diligence, jurisdiction in any state court or any federal court cannot be obtained over a permittee likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility is required und…
The Department of Environmental Quality shall furnish an application form to anyone who wishes to operate a hazardous waste storage or treatment site. In addition to information requested on the application form, the department shall also require the submission of such information relating to the construction, development or establishment of a proposed haza…
Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a hazardous waste disposal site must contain the following: The management program for the operation of the site, including the person to be responsible for the operation of the site and a resume of the qualifications of…
Applications for a permit to operate a hazardous waste storage or treatment site shall include at a minimum: The name and address of the applicant and the exact location of the proposed storage or treatment site. Estimates with respect to compositions, quantities and concentrations of any hazardous waste identified under ORS 466.005 to 466.385, 466.990 (1)…
Prior to holding hearings on a hazardous waste disposal site permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application. The notice shall contain information regarding…
The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed hazardous waste disposal site is located and may conduct hearings at such other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represente…
Upon receipt of an application for a hazardous waste disposal site permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond…
The Department of Environmental Quality shall examine and review all hazardous waste disposal site permit applications submitted to it and make such investigations as it considers necessary, and make a recommendation to the Environmental Quality Commission as to whether to issue the permit. After reviewing the department’s recommendations under subsection (…
The Department of Environmental Quality shall review and cause to be investigated all hazardous waste treatment site permit applications submitted to it. After reviewing and investigating the application, the department shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at th…
Each hazardous waste disposal site permittee under ORS 466.005 to 466.385 and 466.992 shall be required to do the following as a condition to holding the permit: Proceed expeditiously with and complete the project in accordance with the plans and specifications approved therefor pursuant to ORS 466.005 to 466.385 and 466.992 and the rules adopted thereunder…
The requirements of ORS chapters 92, 195, 197 and 197A and other state and local laws for the sale or deeding of land do not apply to: Any portion of a hazardous waste disposal site deeded to the state as a condition of issuance of a hazardous waste disposal site license under ORS 466.150 (1) (1985 Replacement Part) that the state deeds back to the licensee…
The Environmental Quality Commission may acquire real property for the disposal of hazardous wastes by instituting condemnation proceedings therefor to be conducted in accordance with ORS chapter 35.
The hazardous waste treatment, storage or disposal site permit shall require a fee based either on the volume of material accepted at the site or a percentage of the fee collected, or both. The fees shall be calculated in amounts estimated to produce over the site use period a sum sufficient to: Secure performance of permit requirements; Close the site; P…
An annual fee may be required of every generator, air or water transporter and permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate, less any federal funds budgeted therefor by legislative action, to carry on the monitoring, inspection and surveillance program esta…
The Environmental Quality Commission may require every used oil processor to pay an annual fee. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate to carry out used oil processor technical assistance, monitoring and inspections necessary to implement the used oil management requirements adopted by the commission u…
The Environmental Quality Commission may revoke any permit issued under ORS 466.005 to 466.385 and 466.992 after public hearing upon a finding that the permittee has violated any provision of ORS 466.005 to 466.385 and 466.992 or rules adopted pursuant thereto or any material condition of the permit, subject to review under ORS chapter 183.
If the Environmental Quality Commission revokes a permit under ORS 466.170, the commission may: Close an existing hazardous waste disposal site or facility; or Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal, storage or treatment of hazardous waste according to the provisions of subsection (2) of this…
The Department of Environmental Quality may limit, prohibit or otherwise restrict the storage, treatment or disposal of any hazardous waste if appropriate to protect public health, welfare or safety or the environment or to prolong the useful life of a hazardous waste disposal site. The department shall monitor the origin and volume of hazardous waste recei…
The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any generator, air or water transporter or hazardous waste disposal, storage or treatment site is unsafe or that the operation is in violation of the provisions of ORS 466.005 to 466.385 and 466.992 or the rules adopted under ORS 466.005 to …
Whenever the Department of Environmental Quality believes that the operation of any hazardous waste generator, air or water transporter or disposal, storage or treatment site is unsafe, or in violation of ORS 466.005 to 466.385 and 466.992 or not in compliance with rules or orders, the department may, upon its own motion, investigate the operation of the sit…
The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all hazardous waste generators, air or water transporters and disposal, storage and treatment sites or may contract with any qualified public or private agency to do so. Any person who generates, stores, treats, transports, disposes of …
Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or surveillance of operation of any generator, air or water transporter or hazardous waste disposal, storage or treatment site, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare or safety or to the environment…
Any person owning a facility which generates, treats, stores or disposes of and any person having the care, custody or control of a hazardous waste or a substance which would be a hazardous waste except for the fact that it is not discarded, useless or unwanted, who causes or permits any disposal of such waste or substance in violation of law or otherwise th…
In accordance with the rules adopted by the Environmental Quality Commission under ORS 466.045 (5), the permittee, owner or operator shall be responsible for reimbursing the Department of Environmental Quality for the costs of the department associated with the implementation of corrective action.
Whenever it appears to the Department of Environmental Quality that any person is engaged or about to engage in any acts or practices which constitute a violation of ORS 466.005 to 466.385 and 466.992 or the rules and orders adopted thereunder or of the terms of the permit, without prior administrative hearing, the department may institute actions or proceed…
At the time a hazardous waste disposal site is closed, the person permitted under ORS 466.110 to 466.170 to operate the site, must obtain a post-closure permit from the Department of Environmental Quality. A post-closure permit issued under this section must be maintained until the end of the post-closure period established by the Environmental Quality Comm…
If the Department of Environmental Quality determines that the presence of hazardous waste at a facility or site at which hazardous waste is or has been stored, treated or disposed of, or that the release of hazardous waste from a hazardous waste storage, treatment or disposal facility or site may present a substantial hazard to human health or the environme…
As used in ORS 466.250, 466.255 (2) and (3) and 466.260 to 466.350, “PCB disposal facility” includes a facility for the treatment or disposal of PCB.
No new PCB disposal facility shall be constructed on or after January 1, 1985, without first complying with ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. No person shall treat or dispose of any PCB anywhere in this state except at a PCB disposal facility operating under a permit pursuant to ORS 466.025 to 466.065, 466.250, 466…
The Department of Environmental Quality shall: Provide for the administration, enforcement and implementation of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 and may perform all functions necessary: To regulate the operation and construction of a PCB disposal facility; and For the permitting of a PCB disposal facility in con…
In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall: Adopt rules and issue orders, including but not limited to establishing minimum requirements for the disposal of PCB, minimum requirements for operation, maintenance, monitoring, reporting and supervision of disposal facilities, and requirements and proc…
In adopting rules under ORS 466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner that will minimize the possibility of adverse effects on the public health and safety …
Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following: The management program for the operation of the facility including the person to be responsible for the operation of the facility and a resume of the person’s qualifica…
Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within …
Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected persons of the permit application. The notice shall contain information regardi…
The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support …
At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers necessary, and make a recommendation to the commission as to whether to issue the pe…
The Environmental Quality Commission may not issue a permit under ORS 466.295 for any facility designed to dispose of PCB by incineration unless: The facility is also equipped to incinerate hazardous waste; and The applicant has received all federal and state licenses and permits required to operate a hazardous waste incinerator.
The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator’s permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS…
The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency other than the owner or permittee to do so. Owners and operators of a PCB disposal facility must allow necessary access to the PCB disposal facility …
Whenever, in the judgment of the Department of Environmental Quality, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation of the facility, without hearing or prior notice, the department shall order the operation of the facility halted by service of th…
Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the following as a condition to holding the permit: Proceed expeditiously with and complete the project in accordance with the plans and specifications approved and the rules adopted under ORS 466.025 to 466.065, 466…
An annual fee may be required of every PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate to carry on the monitoring, inspection and surveillance program established under ORS 466.310 and to cover rel…
The Environmental Quality Commission may acquire real property for the disposal of PCB by instituting condemnation proceedings therefor to be conducted in accordance with ORS chapter 35.
If the Environmental Quality Commission revokes a PCB disposal facility permit under ORS 466.170, the commission may: Close the existing PCB disposal site or facility; or Direct the Department of Environmental Quality to acquire an existing facility or site for the disposal or treatment of PCB according to the provisions of subsection (2) of this section. …
The Department of Environmental Quality may limit, prohibit or otherwise restrict the treatment or disposal of PCB at a disposal facility if appropriate to protect public health and safety or the environment. The department shall monitor the origin and volume of PCB received at a disposal facility acquired and regulated under ORS 466.335, and may curtail or…
The PCB disposal facility permit shall require a fee based either on the volume of PCB accepted at the facility or a percentage of the fee collected, or both. The fees shall be calculated in amounts estimated to produce over the facility use period a sum sufficient to: Secure performance of permit requirements; Close the facility; Provide for any monitori…
At the time a PCB disposal facility is closed, the person permitted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to operate the facility must obtain a post-closure permit from the Department of Environmental Quality. A post-closure permit issued under this section must be maintained until the end of the post-closure peri…
The Department of Environmental Quality shall work with representatives of the States of Washington, Idaho and Alaska to establish provisions in each state to assure that any generator disposing of hazardous waste or PCB at an Oregon hazardous waste or PCB disposal facility has implemented a toxics use reduction and hazardous waste reduction program substant…
Any person operating a hazardous waste or PCB disposal facility pursuant to a permit issued under ORS 466.005 to 466.385 shall not accept hazardous waste or PCB from an Oregon generator unless the generator first certifies that the generator has implemented a toxics use reduction and hazardous waste reduction program as required under Oregon law, or with res…
The Legislative Assembly finds that: Disposal sites exist on certain lots or parcels of real property within Oregon that may restrict future land development or constitute a potential hazard to the health, safety and welfare of Oregon’s citizens, particularly if present or future owners use or modify the parcels without taking into consideration the use res…
The Environmental Quality Commission may establish by rule adopted under ORS chapter 183: A list of sites for which environmental hazard notices must be given and use restrictions must be imposed. The list shall be consistent with the policy set forth in ORS 466.360 and may include any of the following sites that contain potential hazards to the health, saf…
The Department of Environmental Quality shall notify by certified mail any person who owns a lot or parcel upon which a disposal site listed under ORS 466.365 exists. The notice shall: Describe the disposal site and potentially hazardous environmental conditions; Describe the use restrictions that will be imposed; Explain that an environmental hazard noti…
The Department of Environmental Quality shall file an environmental hazard notice with the city or county in which a site listed under ORS 466.365 (1) is located. The notice shall contain the following information: A description of the lot or parcel upon which the disposal site is located; The restrictions that apply to post-closure use of the property; an…
The Department of Environmental Quality and the State Department of Energy shall enter into an interagency agreement providing for the implementation of the provisions of ORS 466.360 to 466.385 relating to radioactive waste disposal sites.
By the first periodic review after development of model language under subsection (2) of this section, the governing body of a city or county shall amend its comprehensive plan and land use regulations as provided in ORS 197.610 to 197.651 to establish and implement policies regarding potentially hazardous environmental conditions on sites listed under ORS 4…
USE OF PCB
As used in ORS 466.505 to 466.530: “PCB” means the class of chlorinated biphenyl, terphenyl, higher polyphenyl, or mixtures of these compounds, produced by replacing two or more hydrogen atoms on the biphenyl, terphenyl, or higher polyphenyl molecule with chlorine atoms. “PCB” does not include chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtur…
Except as provided in ORS 466.515, a person shall not sell, manufacture for sale, or use in this state an item, product or material if the item, product or material contains a concentration of PCB equal to or greater than 100 ppm. The commission by rule may prescribe a lower maximum concentration of PCB for specific items, products or materials if it finds …
Notwithstanding ORS 466.510: PCB or an item, product or material containing PCB may be sold for use or used in this state if it is used in a closed system as a dielectric fluid for an electric transformer or capacitor pursuant to rules of the commission to insure the public health. However, upon adequate documentation of the availability of reasonable subst…
A person may make written application to the department for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as it considers necessary for an accurate evaluation of the application. The department shall grant an exemption for residual amounts of PCB rema…
The commission after hearing by rule may include as a PCB and regulate accordingly any chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds that have functional groups attached other than chlorine if that functional group on the chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds is found to …
After October 4, 1977, a person shall not dispose of solid or liquid waste resulting from the use of PCB or an item, product or material containing or which has contained a concentration equal to or greater than 100 ppm of PCB except in conformity with rules of the commission adopted pursuant to ORS 466.005 to 466.385 and 466.992.
SPILL RESPONSE AND CLEANUP OF HAZARDOUS MATERIALS
As used in ORS 466.605 to 466.680 and 466.990 (3) and (4): “Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit. “Cleanup” means the containment, collection, removal, treatment or disposal of oil or hazardous material, site restoration and any investigations, monitoring, surveys, testing and other information gathering required or conducted by the Depar…
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality may: Conduct and prepare independently or in cooperation with others, studies, investigations, research and programs pertaining to the containment, collection, removal or cleanup of oil and hazardous material. Advise, consult, participate and cooper…
Nothing in ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) is intended to grant the Environmental Quality Commission or the Department of Environmental Quality authority over any radioactive substance regulated by the Oregon Health Authority under ORS chapter 453, or any radioactive material or waste regulated by the State Department of Energy or…
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt an oil and hazardous material emergency response master plan consistent with the plan adopted by the Department of Transportation under ORS 453.825 and 453.835, and after consultation with the Department of the State Fire Marshal, the Oregon Stat…
In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules including but not limited to: Provisions to establish that quantity of oil or hazardous material spilled or released which shall be reported under ORS 466.635. The commission may determine that one single quantity shall be the reportable quantit…
By rule, the Environmental Quality Commission may designate as a hazardous material any element, compound, mixture, solution or substance which when spilled or released into the air or into or on any land or waters of the state may present a substantial danger to the public health, safety, welfare or the environment. Before designating a substance as hazard…
Any person owning or having control over any oil or hazardous material who has knowledge of a spill or release shall immediately notify the Oregon Department of Emergency Management as soon as that person knows the spill or release is a reportable quantity.
Any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release shall be strictly liable without regard to fault for the spill or release or threatened spill or release. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the per…
Any person liable for a spill or release or threatened spill or release under ORS 466.640 shall immediately clean up the spill or release under the direction of the Department of Environmental Quality. Any person liable for a spill or release or a threatened spill or release shall immediately initiate cleanup, whether or not the department has directed the c…
The Oil and Hazardous Material Emergency Response and Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil or hazardous material emergency response or remedial action sh…
Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund may be used by the Department of Environmental Quality for the following purposes: Funding actions and activities authorized by ORS 466.645, 466.205, 468B.320 and 468B.330. Providing for the general administration of ORS 466.605 to 466.680 including the payment of personne…
If a person required to clean up oil or hazardous material under ORS 466.645 fails or refuses to do so, the person shall be responsible for the reasonable expenses incurred by the Department of Environmental Quality in carrying out ORS 466.645. The department shall keep a record of all expenses incurred in carrying out any cleanup projects or activities aut…
OIL STORAGE TANKS (General Provisions)
As used in ORS 466.706 to 466.882 and 466.994: “Commercial lending institution” means any financial institution or trust company, as those terms are defined in ORS 706.008, or any cooperative financial institution regulated by an agency of the federal government or this state. “Commission” means the Environmental Quality Commission. “Corrective action” me…
ORS 466.706 to 466.882 and 466.994 shall not apply to a: Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil for consumptive use on the premises where stored. Septic tank. Pipeline facility including gathering lin…
The Legislative Assembly finds that: Regulated substances hazardous to the public health, safety, welfare and the environment are stored in underground tanks in this state; and Underground tanks used for the storage of regulated substances are potential sources of contamination of the environment and may pose dangers to the public health, safety, welfare a…
The Environmental Quality Commission shall adopt a statewide underground storage tank program. Except as otherwise provided in ORS 466.706 to 466.882 and 466.994, the statewide program shall establish uniform procedures and standards to protect the public health, safety, welfare and the environment from the consequences of a release from an underground stora…
Except as provided in ORS 466.730, a local unit of government may not enact or enforce any ordinance, rule or regulation relating to the matters encompassed by the state program established under ORS 466.720. Any ordinance, rule or regulation enacted by a local unit of government of this state that encompasses the same matters as the state program shall be …
A local unit of government may not impose any tax, fee or surcharge on soil generated as a result of remedial action or replacement of leaking underground storage tanks if financial assistance from the Underground Storage Tank Compliance and Corrective Action Fund has been provided for the remedial action or tank replacement. Nothing in this section shall b…
The Environmental Quality Commission may authorize the department to enter into a contract or agreement with an agency of this state or a local unit of government to administer all or part of the underground storage tank program. Any agency of this state or any local unit of government that seeks to administer an underground storage tank program under this …
Nothing in ORS 466.706 to 466.882 and 466.994 is intended to interfere with, limit or abridge the authority of the Department of Consumer and Business Services or the State Fire Marshal, or any other state agency or local unit of government relating to combustion and explosion hazards, hazard communications or land use. The complementary relationship between…
No person shall install an underground storage tank for the purpose of storing regulated substances unless the tank complies with the standards adopted under ORS 466.746 and any other rule adopted under ORS 466.706 to 466.882 and 466.994.
Operators of underground storage tanks shall participate in mandatory training on the proper operation, maintenance and testing of underground storage tanks. The Environmental Quality Commission shall adopt rules establishing mandatory training requirements. The rules may include, but are not limited to: A definition of operator, which may include other pe…
The Environmental Quality Commission may establish by rule: Performance standards, consistent with standards adopted by the federal government, for leak detection systems, inventory control, tank testing or comparable systems or programs designed to detect or identify releases in a manner consistent with the protection of public health, safety, welfare or t…
In order to safeguard the public health, safety and welfare, to protect the state’s natural and biological systems, to protect the public from unlawful underground tank installation and retrofit procedures, to assure the highest degree of leak prevention from underground storage tanks and to insure the appropriate cleanup of oil spills and releases, the Envi…
No person shall install, bring into operation, operate or decommission an underground storage tank without first obtaining a permit from the Department of Environmental Quality. No person shall deposit a regulated substance into an underground storage tank unless the tank is operating under a permit issued by the department. Any person who assumes ownershi…
In addition to any other duty imposed by law and pursuant to rules adopted under ORS 466.706 to 466.882 and 466.994, the owner or the permittee of an underground storage tank shall: Prevent releases; Install, operate and maintain underground storage tanks and leak detection devices and develop and maintain records in connection therewith in accordance with…
If any owner or permittee of a contaminated site fails without sufficient cause to conduct corrective action under ORS 466.765, the Department of Environmental Quality may undertake any investigation or corrective action with respect to the contamination on the site. The department shall keep a record of all expenses incurred in carrying out any corrective …
The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the department finds: A material misrepresentation or false statement in the application for the permit; Failure to comply with the conditions of the permit; or Violation of any applicable provision of ORS 466.706 to 466.882 and 466.994, any…
Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 if the commission finds: The alternative proposed by the petitioner provides protection to the public health, safety, welfare and the environment, equal…
An applicant for a permit to install an underground storage tank shall pay an installation fee of $400 per tank. The applicant shall make payment to the Department of Environmental Quality at the time of application for the installation of an underground storage tank. When ownership of an existing underground storage tank changes, or when ownership of the p…
Every underground storage tank permittee shall pay an annual fee to the Department of Environmental Quality for each underground storage tank that is subject to the permit requirements under ORS 466.760. The annual fee for each tank shall be as follows: For the calendar year 2018, $195 per tank. For the calendar year 2019, $245 per tank. For the calendar …
As used in this section: “Service provider” means a person or firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage tank services. “Supervisor” means a person, operating alone or employed by a contractor, who directs and oversees underground storage tank services. “Underground storage t…
The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury. The following moneys, as they pertain to an underground storage tank, shall be deposited into the State Treasury and credited to the Underground Storage Tank Compliance and Corrective Action Fund: Moneys recov…
The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund in the State Treasury to be used solely for the purpose of satisfying the financial responsibility requirements of ORS 466.815. Moneys transferred by the Department of Environmental Quality from the Underground Storage Tank Compliance and Corrective Action…
Except as provided in subsection (2) of this section, any records, reports or information obtained from any persons under ORS 466.765 and 466.805 shall be made available for public inspection and copying during the regular office hours of the Department of Environmental Quality at the expense of any person requesting copies. Unless classified by the directo…
In order to determine compliance with the provisions of ORS 466.706 to 466.882 and 466.994 and rules adopted under ORS 466.706 to 466.882 and 466.994 and to enforce the provisions of ORS 466.706 to 466.882 and 466.994, any employees of or an authorized and identified representative of the Department of Environmental Quality may: Enter at reasonable times an…
Whenever the Department of Environmental Quality has reasonable cause to believe that an underground storage tank or the operation of an underground storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994, the department may investigate the underground storage ta…
The Environmental Quality Commission may by rule require an owner or permittee to demonstrate and maintain financial responsibility for: Taking corrective action; Compensating a third party for bodily injury and property damage caused by a release; and Compensating the Department of Environmental Quality, or any other person, for expenses incurred by the …
The owner and the permittee of an underground storage tank found to be in violation of any provision of ORS 466.706 to 466.882 and 466.994, shall reimburse the Department of Environmental Quality for all costs reasonably incurred by the department, excluding administrative costs, in the investigation of a leak from an underground storage tank. Department cos…
The owner and permittee of an underground storage tank found to be the source of a release shall be strictly liable to any owner or permittee of a nonleaking underground storage tank in the vicinity, for all costs reasonably incurred by such nonleaking underground storage tank owner or permittee in determining which tank was the source of the release.
Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or observation of an identified release, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare, safety or the environment exists from the continued operation of an underground storage tank, the department may, wit…
All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person. The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1…
Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality shall form an advisory committee to assist the commission in the development of the pro…
The Legislative Assembly finds that: The upgrading of underground storage tanks and the improving of such tanks and associated equipment are necessary to protect the public health and safety and the environment. The costs of upgrading leaking underground storage tanks, purchasing improved equipment and cleaning up the contamination caused by leaking underg…
The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out financial assistance programs for owners and operators of storage tanks containing motor vehicle fuel. All moneys and the proceeds of all moneys received by the Environmental Qu…
(Heating Oil Tanks)
The Environmental Quality Commission shall adopt a heating oil tank program to regulate the decommissioning of heating oil tanks and the corrective action of soil contamination resulting from the release of oil from heating oil tanks. The program adopted under subsection (1) of this section shall include: A procedure to license persons who demonstrate, to …
No person shall perform or offer to perform heating oil tank services without first obtaining the license required under ORS 466.868.
In order to obtain a license under the program established pursuant to ORS 466.858, a person shall provide to the Department of Environmental Quality: A certificate of insurance in an amount adequate to pay for any additional corrective action necessary as a result of an improper or inadequate decommissioning or corrective action approved by the department.…
In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include: A process for conducting inspections of sites where a heating oil tank has been decommissioned or where a heating oil…
When the use of an underground heating oil tank is terminated because the tank is replaced or an oil-heated building or residence is converted to a different primary source of heat: The property owner shall ensure that the underground heating oil tank has been emptied of oil, which shall be appropriately managed. The vent line shall be left in place if the…
The Environmental Quality Commission shall adopt rules necessary to carry out ORS 466.858 to 466.878. The rules shall include but need not be limited to: A voluntary process for certifying the decommissioning of an abandoned underground heating oil tank; Information required to be submitted by a licensed heating oil tank service provider or homeowner to al…
UNDERGROUND STORAGE TANKS HOLDING AIRCRAFT OR MARINE FUEL
As used in ORS 466.901 to 466.915: “Commission” means the Environmental Quality Commission. “Corrective action” means remedial action taken to protect the present or future public health, safety or welfare or the environment from a release of aircraft or marine fuel. “Corrective action” includes but is not limited to: The prevention, elimination, removal,…
The Department of Environmental Quality shall conduct a financial assistance program as described in this section and ORS 466.905, for the purpose of upgrading or replacing fuel tanks, conducting corrective action or installing stage I and II vapor collection system underground piping, hoses and nozzles at a fuel tank facility holding an accumulation of airc…
Any port that owns or is responsible for a fuel tank holding an accumulation of aircraft or marine fuel for resale may be eligible for the financial assistance program established pursuant to this section and ORS 466.903. The financial assistance may be used to upgrade or replace a fuel tank, conduct corrective action or install stage I and II vapor collecti…
The Environmental Quality Commission may adopt rules to implement the financial assistance program established by ORS 466.903 and 466.905. However, to the maximum extent possible, the Department of Environmental Quality shall rely on existing rules adopted by the commission to carry out other programs providing financial assistance to owners or operators of …
The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out the financial assistance program established by ORS 466.903 and 466.905. All moneys and the proceeds of all moneys received by the commission under this section shall be deposit…
The Fuel Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury. The following moneys, as they pertain to a fuel tank facility, shall be deposited into the State Treasury and credited to the Fuel Tank Compliance and Corrective Action Fund: Moneys recovered or otherwise received from respo…
The Department of Environmental Quality may enter into a memorandum of understanding with the State Marine Board or the Department of Transportation that provides for the State Marine Board or the Department of Transportation to manage essential services grants awarded to eligible ports, as determined by the Department of Environmental Quality under ORS 466.…
In rendering financial assistance under ORS 836.015, the Director of Transportation shall give priority to any applicant who requests financial aid to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant under ORS 466.903 and 466.905. In order to receive priority under this section, the applicant s…
Notwithstanding ORS 830.150 (2)(a), in distributing funds under ORS 830.150 (1), the State Marine Board shall give priority to any applicant who applies for funds to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant under ORS 466.903 and 466.905. In order to receive priority under this section, …
As used in this section and ORS 466.935: “Dry cleaning facility” means any facility located in this state that is engaged in dry cleaning apparel and household fabrics for the general public other than a: Facility located on a United States military base; or Prison or other penal institution. “Dry cleaning solvent” means a nonaqueous solvent used for the…
The Department of Environmental Quality may enter upon and inspect, at any reasonable time, any dry cleaning facility for the purpose of investigating either an actual or suspected violation of ORS 466.930 or rules adopted under ORS 466.930. The department may require the owner or operator of any dry cleaning facility to furnish to the department informatio…
In addition to any other penalty provided by law, any person who violates ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental Quality Commission rule or any order of the commission or Department of Environmental Quality pertaining to the generation, treatment, storage, disposal or transportation by air or water of hazardous waste, as…
Any person who has care, custody or control of a hazardous waste or a substance that would be a hazardous waste except for the fact that it is not discarded, useless or unwanted shall incur a civil penalty according to the schedule set forth in ORS 496.705 for the destruction, due to contamination of food or water supply by such waste or substance, of any of…
Any person who violates any provision of ORS 466.706 to 466.882 and this section, a rule adopted under ORS 466.706 to 466.882 and this section or the terms or conditions of any order or permit issued by the Department of Environmental Quality under ORS 466.706 to 466.882 and this section shall be subject to a civil penalty not to exceed $25,000 per violation…
Penalties provided in this section are in addition to and not in lieu of any other remedy specified in ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 or 466.992. Subject to ORS 153.022, violation by any person of a provision of ORS 466.605 to 466.680 or of any rule or order entered or adopted under ORS 466.605 to 466.680 is a Class A misdeme…