Oregon Revised Statutes
As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, 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 Environmen…
There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. The term of office of a member shall be four years, but the members of the commission may be removed by the Governor. Before the expiration of the term of…
It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. In addition, the commission …
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission. Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or stan…
There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Environmental Quality and all personnel employed in the department.
Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the quality and purity of the air and the waters of the state in accordance with rules and standa…
The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the Department of Environmental Quality shall be fixed by the commission unless otherwise provided by law.
Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall: Be administrative head of the Department of Environmental Quality; Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign, and coordinate personnel of the departm…
With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of…
The Department of Environmental Quality may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any payment made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to credit card transactions.
The Department of Environmental Quality may impose a surcharge of four percent on each fee or invoice generated using the environmental data management system. Notwithstanding the surcharge percentage rate described in subsection (1) of this section, the department shall reduce the surcharge percentage rate below four percent for a biennium if the departmen…
The Environmental Data Management System Fund is established in the State Treasury, separate and distinct from the General Fund. The Environmental Data Management System Fund consists of moneys deposited in the fund under ORS 468.053 and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise.…
In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Oregon Health Authority, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority may contract on behalf of their respective agencies for the purposes of carrying out the functions o…
On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Oregon Health Authority or to any local public health authority, as defined in ORS 431.003, to enforce any rule of the commission relating to air or water pollution or solid wastes.
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Environmental Quality may require the fingerprints of a person who: Is employed or applying for employment by the department in the department’s laboratory and is expected to be involved with the receipt, handling or analysis of samples that are …
Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B: Applications for all permits authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B…
The Department of Environmental Quality may require an applicant for a permit or license authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 459, 459A, 465, 466, 468, 468A and 468B to provide the department with information reasonably sufficient for the department to evalua…
Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding described in subsection (2) of this section if: One or more members of the association o…
At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 if it finds: A material misrepresentation or false statement in the application for the permit. Failure to comply with the conditions of the permit. Violation of any applicable provisions of ORS 448…
The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provide…
On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental Quality for operating expenses for use by the department as a revolving fund. The revolving fund shall n…
As used in ORS 468.076 to 468.089: “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. “Reciprocating jurisdiction” means a state of the United States of America, the District of Columbi…
Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in the reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon. Note: See note under 468.076.
A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Oregon as if the injury or threatened injury occurred in Oregon. Note: …
The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes “pollution,” is the law of Oregon excluding Oregon’s choice of law rules. Nothing in ORS 468.076 to 468.087 restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in ORS 468.076 to 468.087 determin…
ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Oregon. Note: See note under 468.076.
The right provided in ORS 468.076 to 468.087 is in addition to, and not in derogation of, any other right. Note: See note under 468.076.
The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extent that it would apply to a person injured or threatened with injury in Oregon. Note: See note under 468.076.
ORS 468.076 to 468.087 shall be applied and construed to carry out the general purpose of ORS 468.076 to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089 among the jurisdictions enacting it. Note: See note under 468.076.
ORS 468.076 to 468.087 shall be known and may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act.” Note: See note under 468.076. ENFORCEMENT
In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the department itself has cause to believe, that any person is violating any rule or standard adopted by the Environmental Quality Commission or any permit issued by the department by causing or permitting water pollutio…
The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected source of water pollution or air pollution or air contamination or to ascertain compliance or noncompliance with any rule or standard a…
Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or practices which constitute a violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, or any rule, standard or order adopted or entered pur…
Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of ORS chapter 183. However, notwithstanding ORS 183.482 (3), relating to a stay of enforcement of an agency order and the giving of bond or other undertaking related thereto, any reviewing court before …
Whenever it appears to the Department of Environmental Quality that water pollution or air pollution or air contamination is presenting an imminent and substantial endangerment to the health of persons, at the direction of the Governor the department shall, without the necessity of prior administrative procedures or hearing, enter an order against the person…
The Environmental Quality Commission, its members or a person designated by and acting for the commission may: Conduct public hearings. Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission. Administer oaths. Take or cause to be taken depositions and receive such perti…
No civil penalty prescribed under ORS 468.140 shall be imposed for a violation of an air, water or solid waste permit issued by the Department of Environmental Quality until the permittee has received five days’ advance warning in writing from the department, specifying the violation and stating that a penalty will be imposed for the violation unless the per…
The Environmental Quality Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. Except as provided in ORS 468.140 (3), no civil penalty shall exceed $25,000 per day. Where the classification involves air pollution, the commission shall consult with the regional air qual…
Any civil penalty under ORS 468.140 shall be imposed in the manner provided in ORS 183.745. All penalties recovered under ORS 468.140 shall be paid into the State Treasury and credited to the General Fund, or in the event the penalty is recovered by a regional air quality control authority, it shall be paid into the county treasury of the county in which th…
In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of violation in the amount prescribed by the schedule adopted under ORS 468.130: The terms or conditions of any permit required or authorized by law and issued by the Department of Environmental Quality or a regional air qu…
The Legislative Assembly finds and declares that the purposes of ORS 468.149 are to: Retain the protections afforded to public health and this state’s environment and natural resources under the baseline federal standards contained in federal environmental laws, regardless of actions taken at the federal level; Protect the public health, safety and welfare…
As used in this section and ORS 468.148: “Baseline federal standards” means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017. “Federal environmental law” means any one or more of the following: The federal Clean Air Act, 42 U.S.C. 7401 et seq., and any federal r…
After alternative methods for field sanitation and straw utilization and disposal are approved by the Department of Environmental Quality, “pollution control facility,” as defined in ORS 468.155, shall include such approved alternative methods and persons purchasing and utilizing such methods shall be eligible for the benefits allowed by ORS 468.155 to 468.1…
The Legislative Assembly finds that the concept of environmental responsibility has matured beyond basic compliance with regulatory requirements to one in which citizens and businesses voluntarily implement innovative solutions to achieve shared environmental goals. The Legislative Assembly declares that a pollution control tax credit that shifts the majori…
As used in ORS 468.155 to 468.190, unless the context requires otherwise, “pollution control facility” or “facility” means any land, structure, building, installation, excavation, machinery, equipment or device, or any addition to, reconstruction of or improvement of, land or an existing structure, building, installation, excavation, machinery, equipment or …
In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in this state by providing tax relief with respect to Oregon facilities constructed to accomplish such prevention, control and reduc…
For purposes of ORS 468.155 to 468.190, the construction or installation of a facility is commenced when the person constructing or installing the facility has obtained all necessary preliminary approvals and has begun continuous on-site modification, construction, installation or other activity, the completion of which will cause the person to be able to ob…
Any person may apply to the Environmental Quality Commission for certification under ORS 468.170 of a pollution control facility or portion thereof erected, constructed or installed by the person in Oregon if: The air or water pollution control facility was erected, constructed or installed on or after January 1, 1967. The noise pollution control facility …
Any person proposing to apply for certification for tax relief under ORS 468.155 to 468.190 may apply, before the completion of a pollution control facility, for precertification of the facility with the Environmental Quality Commission. The application shall be made in writing in a form prescribed by the Department of Environmental Quality. The application…
The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.165. The action of the commission shall include certification of the actual cost of the facility and the portion of the actual cost properly allocable to the prevention, control or reduction of air, water o…
As used in ORS 468.173, “environmental management system” means a continual cycle of planning, implementing, reviewing and improving the actions undertaken at the facility to meet environmental obligations and improve environmental performance that meet: The standards established by the International Organization for Standardization under ISO 14001; The st…
For purposes of ORS 315.304, the applicable percentage of the certified cost of a facility shall be one of the following: If the facility is certified under ORS 468.155 to 468.190 (1999 Edition) or if construction or installation of the facility is commenced prior to January 1, 2001, and completed prior to January 1, 2004, 50 percent. Except as provided in…
No certification shall be issued by the Environmental Quality Commission pursuant to ORS 468.170 unless the facility, facilities or part thereof was erected, constructed or installed in accordance with the applicable provisions of ORS 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, ORS chapters 459, 459A, 465, 466 and 467 and …
If a person has obtained pollution control facility certification in which the applicable percentage is 35 percent because of issuance of a Green Permit described under ORS 468.173 (3)(b) that applies to the certified facility and the Green Permit is revoked, the applicable percentage for any remaining tax credit to be claimed under ORS 315.304 shall be the …
Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued under ORS 468.170 of any pollution control or solid waste, hazardous wastes or used oil facility, if it finds that: The certification was obtained by fraud or misrepresentation; or The holder of th…
Subject to subsections (2), (3) and (4) of this section, in establishing the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil for facilities qualifying for certification under ORS 468.170, the Environmental Quality Co…
In order to provide funds for the purposes specified in Article XI-H of the Oregon Constitution, the Department of Environmental Quality may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. The principal amount of the bonds outstanding at any one time, issued under authority of this section, shall not exceed $…
The money realized from the sale of each issue of bonds under ORS 468.195 shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, to be designated the Pollution Control Fund. Moneys in the Pollution Control Fund are continuously appropriated to the Department of Environmental Quality for the purpose of carrying…
The Department of Environmental Quality is the agency for the State of Oregon for the administration of the Pollution Control Fund. The department is authorized to use the Pollution Control Fund for one or more of the following purposes: To grant funds not to exceed 30 percent of total project costs for eligible projects as defined in ORS 454.505 or sewerag…
All amounts that are treated as gross proceeds of agency bonds or other obligations, if invested, shall be invested in compliance with section 148 of the Internal Revenue Code of 1986, and the amendments thereto in effect on October 23, 1999.
The Environmental Quality Commission shall maintain, with the State Treasurer, a Pollution Control Sinking Fund, separate and distinct from the General Fund. The Pollution Control Sinking Fund shall provide for the payment of the principal and interest upon bonds issued under authority of Article XI-H of the Constitution of Oregon and ORS 468.195 to 468.260 …
If any municipal corporation, city or county defaults on payments due to the state under ORS 468.195 to 468.260, the state may withhold any amounts otherwise due to the corporation, city or county to apply to the indebtedness.
The Environmental Quality Commission may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the United States or any of its agencies, or from other persons subject to the terms and conditions thereof, regardless of any laws of this state in conflict with regulations of the federal government or restrict…
The Environmental Quality Commission may participate on behalf of the State of Oregon in any grant program funded in part by an agency of the federal government if the implementation of the program requires matching funds of the state or its participation in administering the program. However, any grant advanced by the commission to an otherwise eligible app…
Notwithstanding any other provision of law, if the Director of the Department of Environmental Quality finds that it will benefit the financial condition of the Pollution Control Sinking Fund, with the approval of the State Treasurer the director may: Sell bonds, notes, contracts or other obligations acquired by the Environmental Quality Commission by purch…
Any funds advanced by the Environmental Quality Commission by grant shall not exceed 30 percent of the total project costs for eligible projects or for facilities related to disposal of solid wastes, and any obligation acquired by the commission by purchase, contract, loan, or otherwise, shall not exceed 100 percent of the total project costs for eligible pr…
Any proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the Environmental Quality Commission, shall be returned to the commission on behalf of the State of Oregon to apply upon the retirement of principal and interest indebtedness on obligations acquired by it from a municipal corporation, city,…
As used in ORS 468.263 to 468.272, unless the context requires otherwise: “Bonds” means revenue bonds or other types of obligations authorized by ORS 468.263 to 468.272. “Pollution control facilities” or “facilities” means any land, building or other improvement, appurtenance, fixture, item of machinery or equipment, and all other real and personal propert…
The Legislative Assembly finds: That control of environmental damage and general health and welfare of the citizens of the State of Oregon is promoted by encouraging the installation of antipollution devices, equipment and facilities. That the methods of financing provided in ORS 468.263 to 468.272 will encourage such installation. Note: See note under 46…
In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto or necessary for the performance of the following: To acquire, whether by purchase, exchange, devise, gift or otherwise, establish, construct, improve, maintain, equip and furnish one or more pollution control facil…
All principal of and interest on bonds issued pursuant to ORS 468.263 to 468.272 shall be payable solely out of the revenues, proceeds and receipts from the lease or sale of the property, loan repayments, or out of the proceeds of revenue bonds issued pursuant to ORS 468.263 to 468.272 as shall be specified in the proceedings of the governing body by which t…
The principal of and interest on any bonds shall be secured by a pledge of the revenues, proceeds and receipts or any portion thereof out of which the principal and interest are made payable, and may be secured by a mortgage covering all or any part of the facilities from which the revenues, proceeds or receipts so pledged may be derived, including any enlar…
The proceedings authorizing any bonds and any mortgage securing such bonds may provide that, in the event of a default in the payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such payment and performance may be enforced by suit, mandamus or by the appointment of a rece…
The proceedings authorizing the issuance of bonds may provide for the appointment of one or more trustees for the protection of the holders of the bonds, whether or not a mortgage is entered into as security for such bonds. A bank with trust powers or a trust company within or without the State of Oregon may be appointed as trustee and shall be located in th…
Nothing in ORS 468.263 to 468.272 is intended to exempt from taxation or assessment the leasehold interest of any lessee in any facility nor are ORS 468.263 to 468.272 intended to affect any exemption or credit from taxation which might otherwise be available to any lessee under the laws of the State of Oregon. Such leasehold interest is classified for purpo…
The construction, reconstruction or improvement of any facilities shall be completed in the manner determined by the governing body and shall be free from any requirement of competitive bidding or any other restriction imposed on the procedure for award of contracts with public bodies. Nothing in ORS 468.263 to 468.272 is intended as a restriction or limita…
Any restrictions, limitations, conditions or procedures provided by other statutes relating to the issuance and sale of bonds or other obligations do not apply to the issuance and sale of bonds authorized by ORS 468.263 to 468.272. Note: See note under 468.263.
FINANCING TREATMENT WORKS
As used in ORS 468.423 to 468.440: “Available sewer” has the meaning given that term in ORS 454.779. “Fund” means the Water Pollution Control Revolving Fund established under ORS 468.427. “On-site septic system” has the meaning given that term in ORS 454.779. “Public agency” means: A state agency, incorporated city, county, sanitary authority, federally…
It is declared to be the policy of this state: To aid and encourage public agencies with authority to provide treatment works for the control of water pollution, or responsibility for implementing a nonpoint source management plan pursuant to the nonpoint source management program described in ORS 468.429, in the transition from reliance on federal grants t…
The Water Pollution Control Revolving Fund is established separate and distinct from the General Fund in the State Treasury. The moneys in the Water Pollution Control Revolving Fund are appropriated continuously to the Department of Environmental Quality to be used for the purposes described in ORS 468.429. The Water Pollution Control Revolving Fund shall c…
Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to provide loans and other financial assistance to public agencies, as defined in ORS 468.423, for waste water pollution control, reduction or abatement as described in ORS 468.429. The use of lottery bond proceeds is authorized upon the following findings: Financial assistance for public ag…
The Department of Environmental Quality shall use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance: To public agencies for the construction or replacement of treatment works. To qualified institutions to finance projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems …
The Water Pollution Control Administration Fund is established separate and distinct from the General Fund in the State Treasury. Moneys in the Water Pollution Control Administration Fund are appropriated continuously to the Department of Environmental Quality to be used for the payment of costs of administering the Water Pollution Control Revolving Fund, in…
In administering the Water Pollution Control Revolving Fund, the Department of Environmental Quality shall: Allocate funds for loans in accordance with procedures adopted by rule by the Environmental Quality Commission. Use accounting, audit and fiscal procedures that conform to generally accepted government accounting standards. Prepare any reports requi…
Any public agency or qualified institution desiring a loan from the Water Pollution Control Revolving Fund shall submit an application to the Department of Environmental Quality on the form provided by the department. The department may require an opinion from the department’s bond counsel or other counsel that the applicant has the legal authority to borrow…
Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may: Borrow money from the Water Pollution Control Revolving Fund through the Department of Environmental Quality; Enter into loan agreements and make related agreements with the department in which the public agency agrees to repay the borrowed money i…
The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that ensure that the objectives of ORS 468.423 to 468.440 are met and that adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In esta…
As used in ORS 468.442 to 468.449: “Light-duty zero-emission vehicle” means a motor vehicle that: Has a gross vehicle weight rating of 8,500 pounds or less; Is capable of attaining a speed of 55 miles per hour or more; and Is powered: Primarily by an electric battery and may or may not use a flywheel energy storage device or a capacitor that also stores…
The Department of Environmental Quality shall establish a program for providing rebates to persons that purchase or lease qualifying vehicles for use in this state. The Director of the Department of Environmental Quality may hire or contract with a third-party organization to implement and serve as the administrator of the program required by this section. …
As used in this section: “Charge ahead rebate” means a rebate for the purchase or lease of a new or used light-duty zero-emission vehicle or plug-in hybrid electric vehicle issued through the Charge Ahead Oregon Program established under this section. “Low-income service provider” means an organization that provides health, dental, social, financial, energ…
The Charge Ahead Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Charge Ahead Zero-Emission Incentive Fund shall be credited to the fund. Moneys in the Charge Ahead Zero-Emission Incentive Fund shall consist of: Amounts donated to the fund; Amounts appropriated or other…
The Department of Environmental Quality shall periodically audit, or cause to be audited, the programs established under ORS 468.444 and 468.446 to determine whether the programs are being implemented and administered in compliance with the provisions of ORS 468.442 to 468.449. No later than September 15 of each even-numbered year, the department shall prov…
The Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Incentive Fund shall be credited to the fund. Moneys in the Zero-Emission Incentive Fund shall consist of: Amounts donated to the fund; Amounts transferred to the fund by the Department of Revenue under O…
(Zero-Emission Medium- and Heavy-Duty Vehicle Rebates)
As used in this section, “qualifying vehicle” means a motor vehicle, as defined in ORS 801.360, or a combination of vehicles operated as a unit, that: Has a gross vehicle weight rating of 8,501 pounds or greater; Has a drivetrain that produces zero exhaust emissions of any criteria pollutant or greenhouse gas; and Meets other criteria established by the E…
The Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall be credited to the fund. Moneys in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall consist of: Amoun…
(Medium- and Heavy-Duty Zero-Emission Vehicle Infrastructure)
The Medium- and Heavy-Duty Electrification Charging Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Medium- and Heavy-Duty Electrification Charging Fund must be credited to the Medium- and Heavy-Duty Electrification Charging Fund. Moneys in the Medium- and Heavy-Duty Electrification Charging Fun…
GREEN PERMITS
As used in ORS 468.501 to 468.521: “Agency” means either the Department of Environmental Quality or the Lane Regional Air Protection Agency created pursuant to ORS 468A.010 to 468A.180, or both, as the context requires. “Commission” means the Environmental Quality Commission. “Environmental laws” means ORS 454.605 to 454.755, 459.005 to 459.153, 459.705 t…
The purpose of ORS 468.501 to 468.521 is to authorize: The issuance of Green Permits to persons regulated under the environmental laws of the State of Oregon. The Environmental Quality Commission to develop Green Permit criteria that will result in the use of innovative environmental approaches or strategies not otherwise recognized or allowed under existi…
The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of issuance of the permits. The accepting, processing and issuing of Green Permits is a discretionary function of the commission. In establishing the criteria for Green Permits, the commiss…
Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a Green Permit. Note: See note under 468.501.
Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law, that is contrary to the terms and provisions of a Green Permit shall not apply to a facility operating under a Green Permit. Any prior conflicting permit condition shall be revised by the agency …
The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue a Green Permit may be appealed in accordance with the provisions of ORS 183.484 pertaining to review of an order in other than a contested case. Note: See note under 468.501.
If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after written notice to the permittee, terminate the Green Permit in whole or in part. The permittee may appeal the agency’s decision to terminate a Green Permit to the Environmental Quality Commission. The commission’s decision …
After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Green Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a…
The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner: The sponsor shall fully reimburse the agency for the agency’s full direct, indirect and all associated costs of conducting the review, negotiating the relevant permit revisions, responding to public comment, monitoring the …
WILLAMETTE RIVER CLEANUP AUTHORITY
The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the presence of pollutants, hazardous substances and contaminants in the area that are not…
There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of: The Governor; Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; and Two members of the Senate, appointed by the President of the Senate. The purpose of the authority is to: Receive…
ECOSYSTEM SERVICES
As used in ORS 468.581 to 468.587: “Adaptive management mechanisms” means the processes of implementing programs in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management activities and then uses the resulting information to improve programs and management activities. “Ecological values”…
It is the policy of this state to support the maintenance, enhancement and restoration of ecosystem services throughout Oregon, focusing on the protection of land, water, air, soil and native flora and fauna. Note: See note under 468.581.
The Legislative Assembly finds that: Maintaining sustainable rural and urban landscapes is important for the quality of life of all Oregonians. Sustainable forestry, agriculture and ranching practices can help to maintain and restore the vitality of Oregon’s communities while also helping to preserve Oregon’s natural landscapes and ecosystems. It is necessa…
State agencies are encouraged to adopt and incorporate adaptive management mechanisms in their programs in order to support the maintenance, restoration and enhancement of ecosystem services. State agencies are encouraged to use ecosystem services markets as a means to meet mitigation needs, after carefully avoiding the most sensitive resources and minimizi…
ENVIRONMENTAL CRIMES
For purposes of ORS 468.922 to 468.956: “Knowingly”: Has the meaning given that term in ORS 161.085; or Means a person acts with a conscious purpose to avoid knowledge of a conduct or a circumstance in violation of ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825. “Substantial harm to human health or the environment” means: Physica…
A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly treats, stores or disposes of hazardous waste. Subject to ORS 153.022, unlawful …
ORS 161.655 does not apply to offenses specified in ORS 468.922 to 468.956. Note: 468.924 was added to and made a part of 468.922 to 468.956 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and: As a result, recklessly causes…
A person commits the crime of unlawful transport of hazardous waste in the second degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly transports hazardous waste. Subject to ORS 153.022, unlawful transport of hazardous…
A person commits the crime of unlawful transport of hazardous waste in the first degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly transports hazardous waste, and: As a result, recklessly causes substantial harm to …
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.922, 468.926, 468.929 or 468.931 is a separately punishable offense.
A person commits the crime of unlawful air pollution in the second degree if the person knowingly violates any applicable requirement of ORS chapter 468A or a permit, rule or order adopted or issued under ORS chapter 468A. Subject to ORS 153.022, unlawful air pollution in the second degree is a specific fine violation punishable by a fine of not more than $…
A person commits the crime of unlawful air pollution in the first degree if the person, in violation of ORS chapter 468A or any rule, permit, order or any applicable requirement adopted or issued under ORS chapter 468A, knowingly discharges, emits or allows to be discharged or emitted any air contaminant into the outdoor atmosphere, and: As a result, reckle…
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.936 or 468.939 is a separately punishable offense.
A person commits the offense of unlawful water pollution in the second degree if the person with criminal negligence violates ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B. Subject to ORS 153.022, unlawful water pollution in the second degree is a Class A misdemeanor. Notwithstanding ORS 161.635, t…
A person commits the crime of unlawful water pollution in the first degree if the person, in violation of ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B, knowingly discharges, places or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape or …
A person commits the offense of unlawful motorized in-stream placer mining if the person knowingly engages in motorized in-stream placer mining, as defined in ORS 468B.112, without a permit issued under ORS 468B.050 or in violation of any rule, permit, order or any applicable requirement adopted or issued under ORS 468B.050 or 468B.112 to 468B.118. Subject …
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.943 or 468.946 is a separately punishable offense.
A person commits the crime of environmental endangerment if the person: Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree, unlawful transport of hazardous waste in the first degree, unlawful air pollution in the first degree or unlawful water pollution in the first degree; and As a result, places …
A person commits the crime of supplying false information to any agency if the person: Makes any false material statement, representation or certification knowing it to be false, in any application, notice, plan, record, report or other document required by any provision of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted pursuant to ORS chapter …
Refusal, without good cause, to produce books, papers or information subpoenaed by the Environmental Quality Commission, the Department of Environmental Quality or the regional air quality control authority or any report required by law or by the commission, the department or a regional authority pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.25…
It is an affirmative defense to any offense under ORS 468.922 to 468.946 that the alleged violation was the result of an upset or bypass. For purposes of this section: “Bypass” means the temporary discharge of waste or an air contaminant in violation of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted or order or permit issued thereunder, under …
Except in exigent circumstances, no person shall be charged with a felony under ORS 468.922 to 468.956 without the personal approval of the district attorney of the county or the Attorney General of the State of Oregon. In order to promote consistency in bringing criminal prosecutions under ORS 468.922 to 468.956, the district attorney of each county shall …
If a person is convicted of a felony under ORS 468.922 to 468.956, the county district attorney or the Attorney General, whichever was the prosecuting officer, shall give notice of the conviction to the Department of Revenue.
In order to encourage owners and operators of facilities and persons conducting other activities regulated under ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or the federal, regional or local counterpart or extension of such statutes, both to conduct voluntary internal environmental audits of their compliance programs and managemen…
CIVIL PENALTIES
In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B or any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 459.205 to 459.426, 459.705 to…
Where any provision of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B provides that each day of violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 or a section of ORS chapters 468, 468A and 468B constitutes a separate offense…