Oregon Revised Statutes
As used in the laws relating to water pollution, unless the context requires otherwise: “Disposal system” means a system for disposing of wastes, either by surface or underground methods and includes municipal sewerage systems, domestic sewerage systems, treatment works, disposal wells and other systems. “Industrial waste” means any liquid, gaseous, radioa…
Except as otherwise provided in ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, insofar as the authority of the Environmental Quality Commission over water pollution granted by ORS 448.305, 454.010 to 454.040, 454.205 to 454.225, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B is inconsistent with any other law, or authorit…
Whereas pollution of the waters of the state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas the problem of water pollution in this state is closely related to the p…
Pollution of any of the waters of the state is declared to be not a reasonable or natural use of such waters and to be contrary to the public policy of the State of Oregon, as set forth in ORS 468B.015. In order to carry out the public policy set forth in ORS 468B.015, the Department of Environmental Quality shall take such action as is necessary for the pr…
Except as provided in ORS 468B.050 or 468B.053, no person shall: Cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means. Discharge any wastes into the waters of the state if the discharge reduces the quality of such wat…
In relation to the waters of the state, the Environmental Quality Commission by rule may establish effluent limitations, as defined in Section 502 of the Federal Water Pollution Control Act, as amended by Public Law 92-500, October 18, 1972, and other minimum requirements for disposal of wastes, minimum requirements for operation and maintenance of disposal …
In addition to enforcement proceedings pursuant to ORS 468.090 for a violation of a provision, rule, permit or order under this chapter, the Department of Environmental Quality shall implement the procedures established under this section upon the request of the person to whom the notice of the civil penalty or other formal enforcement action is addressed if…
The Environmental Quality Commission may perform or cause to be performed any acts necessary to be performed by the state to implement within the jurisdiction of the state the provisions of the Federal Water Pollution Control Act, P.L. 92-500, as amended, and federal regulations or guidelines issued pursuant to the Act. The commission may adopt, modify or re…
To the extent allowable by federal law, the Department of Environmental Quality, through its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act and granting of variances, shall strive to protect human health and ecosystem health by controlling pollutants that are discharged into the…
When the Department of Environmental Quality grants a variance as part of its administration of the National Pollutant Discharge Elimination System permit program of the Federal Water Pollution Control Act, the department shall consult with the applicant and, to the extent allowable by federal law, seek to: Minimize negative economic impacts that will be in…
The Department of Environmental Quality shall follow the procedures set forth in subsection (2) of this section: When developing or selecting among methodologies for the assessment of waters of the state pursuant to sections 303(d) and 305(b) of the Federal Water Pollution Control Act (P.L. 92-500), as amended, including, but not limited to, methodologies f…
The Director of the Department of Environmental Quality shall approve or deny certification of any federally licensed or permitted activity related to hydroelectric power development, under section 401 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. In making a decision as to whether to approve or deny such certification, the director sh…
Within 60 days after the Department of Environmental Quality receives notice that any federal agency is considering a permit or license application related to a change to a hydroelectric project or proposed hydroelectric project that was previously certified by the Director of the Department of Environmental Quality according to section 401 of the Federal Wa…
Except as provided in ORS 543A.110, nothing in ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710 and ORS chapter 543A shall be construed to limit or affect any authority of the Director of the Department of Environmental Quality under existing law to establish conditions for any certification granted under ORS 468B.040, 468B.04…
The Environmental Quality Commission shall establish, by rule, a schedule of fees required for state certification under 33 U.S.C. 1341 of the Federal Water Pollution Control Act, as amended. The fees authorized by this section must be based on the nature of the underlying federal license or permit, the size of the project, the estimated or actual costs inc…
The Environmental Quality Commission by rule may establish standards of quality and purity for the waters of the state in accordance with the public policy set forth in ORS 468B.015. In establishing such standards, the commission shall consider the following factors: The extent, if any, to which floating solids may be permitted in the water; The extent, if…
Except as provided in ORS 468B.053 or 468B.215, without holding a permit from the Director of the Department of Environmental Quality or the State Department of Agriculture, which permit shall specify applicable effluent limitations, a person may not: Discharge any wastes into the waters of the state from any industrial or commercial establishment or activi…
Subject to subsection (2) of this section, the Environmental Quality Commission may increase the fees established under: ORS 448.410, 454.745, 454.755, 454.792, 468B.047 or 468B.195; or ORS 468.065 for permits issued under ORS 468B.050. The commission may not increase a fee described in subsection (1) of this section more than once each calendar year. The…
In lieu of a permit required under ORS 468B.025 or 468B.050, the Environmental Quality Commission by rule may: Exempt de minimis discharges from permit requirements. Exempt from permit requirements subsurface injection of fluids that are authorized under the underground injection control program of the Department of Environmental Quality pursuant to ORS 46…
The Department of Environmental Quality may require that plans and specifications for the construction, installation or modification of disposal systems, treatment works and sewerage systems be submitted to the department for its approval or rejection. If the department requires that plans and specifications be submitted under subsection (1) of this section…
Where the injury, death, contamination or destruction of fish or other wildlife or injury or destruction of fish or wildlife habitat results from pollution or from any violation of the conditions set forth in any permit or of the orders or rules of the Environmental Quality Commission, the person responsible for the injury, death, contamination or destructio…
Consistent with the Federal Water Pollution Control Act, P.L. 92-500, as amended, the Department of Environmental Quality may determine whether selected segments of the waters of the state are capable of attaining designated uses. In conducting its use attainability analysis, the department shall include appropriate documentation and defensible data for dete…
The Department of Environmental Quality may perform follow-up assessments of waters of the state that are included in the 1994-1996 list pursuant to section 303 (d) of the Federal Water Pollution Control Act, P.L. 92-500, as amended, for exceeding numeric temperature water quality criteria. The department shall give priority in performing follow-up assessmen…
No municipality shall: Dump polluting substances into any public or private body of water that empties directly or indirectly into any navigable body of water in or adjacent to a municipality, except by permit issued by the Department of Environmental Quality. Dump polluting substances into any open dump or sanitary landfill where by drainage or seepage an…
As used in ORS 468B.080: “Buildings or structures” includes but is not limited to floating buildings and structures, houseboats, moorages, marinas, or any boat used as such. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food. “Sewage” means human excreta as well as kitchen, bath an…
No garbage or sewage shall be discharged into or in any other manner be allowed to enter the waters of the state from any building or structure unless such garbage or sewage has been treated or otherwise disposed of in a manner approved by the Department of Environmental Quality. All plumbing fixtures in buildings or structures, including prior existing plum…
The Environmental Quality Commission shall adopt rules as to the beneficial use of chassis, bodies, shells, and tires of motor vehicles in the waters of the state, including the means and methods of placing them in the waters of the state. In adopting such rules the commission shall consider, among other things: The possibility of pollution; The aesthetics…
Subject to ORS 468B.083, a person, including a person in the possession or control of land, may not deposit, discard or place the chassis, body or shell of a motor vehicle as defined by ORS 801.360, a vehicle as defined by ORS 801.590, a manufactured structure as defined in ORS 446.561 or parts and accessories thereof, including tires, into the waters of the…
Notwithstanding any other provision of this chapter, and unless prohibited by federal law, the Environmental Quality Commission and the Department of Environmental Quality may, in a permit applicable to a seafood processing facility for the discharge of wastewater effluent into the waters of the state, allow a portion of the water body receiving the wastewat…
The Department of Environmental Quality may issue a permit to discharge shrimp and crab processing by-products into the waters of an Oregon estuary under ORS 468B.050 or 468B.053 for the purpose of enhancing aquatic life production. The permit shall impose the following conditions: No toxic substances shall be present in the by-products discharged. The oxy…
The Director of the Department of Environmental Quality shall issue a general permit for the discharge of geothermal spring water to surface water. The general permit shall cover any activity with the following characteristics: The chemical nature of the water is not changed; The temperature of the water remains unchanged or is reduced; and The surface wa…
The Environmental Quality Commission shall adopt by rule requirements for the use of sludge on agricultural, horticultural or silvicultural land including, but not limited to: Procedure and criteria for selecting sludge application sites, including providing the opportunity for public comment and public hearing; Requirements for sludge treatment and proces…
As used in ORS 468B.105 and 468B.110, “forestlands” and “operation” have the meaning for those terms provided in ORS 527.620.
Upon request of the State Board of Forestry, the Environmental Quality Commission shall review any water quality standard that affects forest operations on forestlands. The commission’s review may be limited to or coordinated with the triennial or any other regularly scheduled review of the state’s water quality standards, consistent with ORS 468B.048 and 46…
Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS 468B.048, the Environmental Quality Commission or Department of Environmental Quality may, by rule or order, impose and enforce limitations or other controls which may include total maximum daily loads, wasteload a…
As used in ORS 468B.112 to 468B.118: “Essential indigenous anadromous salmonid habitat” has the meaning given that term in ORS 196.810, as further defined and designated by rule by the Department of State Lands pursuant to ORS 196.810. “Line of ordinary high water” has the meaning given that term in ORS 274.005. “Motorized in-stream placer mining” means m…
An operator may not allow a discharge to waters of the state from a motorized in-stream placer mining operation or activity without having an individual permit or being covered by a general permit issued under ORS 468B.050. In order to protect indigenous anadromous salmonids and habitat essential to the recovery and conservation of Pacific lamprey, motorize…
An application for a permit under ORS 468B.050 to engage in motorized in-stream placer mining must include: The name and address of the operator; Information on how the proposed motorized in-stream placer mining location will be accessed by the operator; A written affirmation furnished by the operator stating that the operator has reviewed information tha…
A person shall pay the following fees to the Department of Environmental Quality for a general permit issued under ORS 468B.050 for motorized in-stream placer mining, unless the Environmental Quality Commission establishes a lower fee amount under ORS 468.065: A fee of $250 for the initial application for or renewal of permit coverage; and An annual fee of…
As used in ORS 468B.120 to 468B.135: “Cleaning agent” means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limited to the cleansing of fabrics, dishes, food utensils and household and commercial p…
The Legislative Assembly of the State of Oregon finds that: Phosphorous loading of the waters of the state is a serious pollution problem affecting water quality in some river basins in the state. Phosphate detergents contribute significant phosphorous loading to the treated waste water released to the surface waters of the state. When phosphorous loading…
Except as provided in subsection (2) of this section, a person may not sell, offer to sell or distribute for sale within Oregon any cleaning agent containing more than 0.5 percent phosphorus by weight. A cleaning agent used in automatic commercial dishwashers may be sold, offered for sale or distributed in Oregon if the cleaning agent contains 8.7 percent o…
ORS 468B.130 (1) and (2) do not apply to any cleaning agent: Used in dairy, beverage or food processing equipment; Used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including phosphoric acid products or trisodium phosphate; Used in hospitals, veterinary hospitals or clinics or health care facilities; Used in agricultural pro…
As used in ORS 468B.138 to 468B.144: “Legacy” means a pollutant, the use of which has been banned or restricted for several years, that remains at detectable levels in sediment and tissue samples. “Municipality” means a city or special district that operates and maintains a sewage treatment facility. “Permittee” means a municipality in possession of a Nat…
The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to an appropriate interim committee of the Legislative Assembly related to the environment by June 1, 2010. The department’s report shall include, but is not limited to, the following components: A pr…
By July 1, 2011, each permittee shall submit to the Department of Environmental Quality a plan for reducing the permittee’s discharges of persistent pollutants listed on the priority listing described in ORS 468B.139 (2)(a): That occur in concentrations greater than the maximum contaminant levels established by the National Primary Drinking Water Regulation…
In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary for the administration of ORS 468B.139 and 468B.140.
The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality Commission under ORS 468B.141. If the court finds that the defendant is not complying with any rule so adopted, the court shall grant an injunction requiring compliance. The court, on motion and affidavi…
The Persistent Pollutant Control Account is established, separate and distinct from the General Fund. Moneys may be credited to the account from any public or private source. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only for the purposes described in ORS 468B.139 to 468B.142.
All moneys received by the Department of Environmental Quality under ORS 468B.142 shall be deposited to the credit of the Persistent Pollutant Control Account established under ORS 468B.143. (Ground Water)
As used in ORS 448.268, 448.271 and 468B.150 to 468B.190: “Contaminant” means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in ground water or that occurs naturally but at a lower concentration. “Contaminant of concern” means a contaminant present in ground water at levels…
The Legislative Assembly declares that it is the goal of the people of the State of Oregon to prevent contamination of Oregon’s ground water resource while striving to conserve and restore this resource and to maintain the high quality of Oregon’s ground water resource for present and future uses. Note: See note under 468B.150.
In order to achieve the goal set forth in ORS 468B.155, the Legislative Assembly establishes the following policies to control the management and use of the ground water resource of this state and to guide any activity that may affect the ground water resource of Oregon: Public education programs and research and demonstration projects shall be established …
The Department of Environmental Quality shall coordinate the interagency management of ground water quality as necessary to achieve the goal set forth in ORS 468B.155. The Department of Environmental Quality shall provide staff for project oversight and for those activities authorized under ORS 468B.165 to 468B.188, including scheduling meetings, providing …
In carrying out its coordination activities under ORS 468B.162, the Department of Environmental Quality shall encourage federal agency actions that are consistent with the water policies of the State of Oregon. Note: See note under 468B.150.
Within 90 days after receiving the recommendations of the technical advisory committee under ORS 468B.166, the Environmental Quality Commission shall begin rulemaking to first adopt final rules establishing maximum measurable levels for contaminants in ground water. The commission shall adopt the final rules not later than 180 days after the commission provi…
The Department of Environmental Quality shall appoint a nine-member technical advisory committee to develop criteria and a method for the Environmental Quality Commission to apply in adopting by rule maximum measurable levels of contaminants in ground water. The technical advisory committee shall recommend criteria and a method for the development of standar…
The Department of Environmental Quality shall implement the following ground water resource protection strategy: Coordinate projects and activities of other agencies designed to reduce impacts on ground water from: Commercial and industrial activities; Commercial and residential use of fertilizers and pesticides; Residential and sewage treatment activiti…
Any person, state agency, political subdivision of this state or ground water management committee organized under ORS 468B.179 or 468B.182 may submit to the Department of Environmental Quality a request for funding, advice or assistance for a research or development project related to ground water quality as it relates to Oregon’s ground water resource. Th…
Of the moneys available to the Department of Environmental Quality to award as grants under ORS 468B.169, not more than one-third shall be awarded for funding of projects directly related to issues pertaining to a ground water quality management area. The department may award grants for the following purposes: Research in areas related to ground water incl…
The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality concern area if, based on the results of the department’s monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department: Confirms the presence of ground water…
After a declaration of a ground water quality concern area, the Governor shall establish an interagency team and designate a lead agency. The Governor shall consider the primary contaminant of concern and the respective expertise, statutory responsibilities and regulatory authority of each relevant agency when making the lead agency designation. The interage…
Consistent with the final agency assessment and outreach plan developed under ORS 468B.177 (1) to (7), the interagency team shall take the following actions: The Department of Environmental Quality shall: Working with contract agents, as defined in ORS 454.605, where applicable, compile available information regarding alternative sewage disposal systems, n…
Within a reasonable time after completion of the draft agency assessment and outreach plan under ORS 468B.177 (1) to (7), the lead agency, in consultation with the interagency team, shall appoint a ground water management committee. The ground water management committee shall be composed of at least seven members representing a balance of interests in the ar…
The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality management area if, through monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department confirms that, as a result of suspected nonpoint source activities, t…
After the declaration of a ground water quality management area, the lead agency designated under ORS 468B.184 shall appoint a ground water management committee for the affected area if a ground water management committee has not already been appointed under ORS 468B.179. A ground water management committee appointed under this section must include two homeo…
After a ground water quality management area is declared, the Governor shall establish an interagency team and designate a lead agency responsible for developing an action plan, as provided in this section. If the affected area had previously been designated a ground water quality concern area, the Governor may establish the same interagency team and designa…
After completion and distribution of the draft action plan under ORS 468B.184, the lead agency shall provide a 60-day period of public comment on the draft action plan and the manner by which members of the public may review the plan or obtain copies of the plan. The lead agency shall provide copies of the plan to appropriate county officials for comment. W…
If, after implementation of the action plan developed by the interagency team under ORS 468B.184 and 468B.186, the ground water improves so that the levels of contaminants no longer exceed the levels established under ORS 468B.180, the Environmental Quality Commission, upon the recommendation of the Department of Environmental Quality, shall determine whethe…
After a declaration of a ground water quality management area under ORS 468B.180, and consistent with the action plan developed under ORS 468B.184 and 468B.186, the State Department of Agriculture, as necessary to control a relevant contaminant of concern: Shall adopt and implement area-specific rules, as provided in ORS 561.191 and 568.900 to 568.933, to r…
In cooperation with the Water Resources Department, the Department of Environmental Quality and the Oregon State University Agricultural Experiment Station shall conduct an ongoing statewide monitoring and assessment program of the quality of the ground water resource of this state. The program shall be designed to identify: Areas of the state that are espe…
The Environmental Quality Commission may perform or cause to be performed any acts necessary for the implementation within this state of the underground injection control program of the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as in effect on June 4, 2007, and federal regulations or guidelines issued pursuant to the Safe Drinking Water Act. T…
The Subsurface Injection Fluids Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the administrative expenses of the underground injection control program…
The Legislative Assembly declares that it is the policy of the State of Oregon to protect the quality of the waters of this state by preventing animal wastes from discharging into the waters of the state.
The provisions of ORS 468B.200 to 468B.230 apply to animal feeding operations regulated under 33 U.S.C. 1342 only to the extent that the operation of the provisions of ORS 468B.200 to 468B.230 is consistent with federal law, regulations or guidelines issued pursuant to the Federal Water Pollution Control Act, P.L. 92-500, as amended.
As used in ORS 468B.200 to 468B.230, “confined animal feeding operation” has the meaning given that term in rules adopted by the State Department of Agriculture or the Department of Environmental Quality. The definition must distinguish between various categories of animal feeding operations, including but not limited to those animal feeding operations that …
All permits for confined animal feeding operations issued under ORS 468B.050 shall specify the maximum number of animals that may be housed at the facility. The maximum number of animals specified in a permit shall be determined for each facility on the basis of the capacity of the particular confined animal feeding operation to contain, treat, hold and dis…
Prior to applying for a permit under ORS 468B.050, an applicant for a proposed confined animal feeding operation shall request, from the city or county in which the confined animal feeding operation is proposed to be located, a land use compatibility statement that authorizes the land use. The land use compatibility statement must demonstrate that the reque…
Notwithstanding ORS 30.935, 215.253 (1) and 633.738, the governing body of a city or county in which a new large confined animal feeding operation, as defined in ORS 468B.215, is proposed to be located may require the new large confined animal feeding operation to include a setback or buffer, composed of a natural or created vegetative barrier, berm or terra…
As used in this section: “Expanding confined animal feeding operation” means a confined animal feeding operation that is expanding operational size into a new tier, as described in ORS 561.255 (2). “Expanding large confined animal feeding operation” means a large confined animal feeding operation in the largest tier described in ORS 561.255 (2) that is exp…
A person that applies for a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall submit with the application a water supply plan that identifies all sources of the water that will be used to supply the level and duration of the water needs of the confined animal fee…
The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to operate a program for the prevention and control of water pollution from a confined animal feeding operation. Subject to the terms of the memorandum of understanding required by subs…
The State Department of Agriculture may issue a nutrient application permit. As applicable, the permit must concern, but need not only concern: The rate of nutrient application. The source of the nutrients. The placement of the nutrients. The timing of nutrient application. The volume of wastewater applied to the surface of the lands per time period. …
Any owner or operator of a confined animal feeding operation who has not applied for or does not have a permit required by ORS 468B.050 shall be assessed a civil penalty of $500 in addition to other penalties that the Director of the Department of Environmental Quality may assess.
Prior to conducting an investigation of an animal feeding operation under ORS 468B.217 on the basis of a complaint, the State Department of Agriculture shall: Require the person making the complaint to specify the complaint in writing; or Make a detailed written record of the complaint; and Determine which provision of ORS chapter 468 or 468B, which rule …
In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on the owner or operator of a confined animal feeding operation for failure to comply with a provision of ORS chapter 468 or 468B or any rule adopted under, or a permit issued under ORS chapter 468 or 468B, relating to the control and preve…
As used in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500: “Bulk” means material stored or transported in loose, unpackaged liquid, powder or granular form capable of being conveyed by a pipe, bucket, chute or belt system. “Cargo vessel” means a self-propelled ship in commerce, other than a tank vessel, of 300 gross tons or more. “Cargo vessel”…
It shall be unlawful for oil to enter the waters of the state from any ship or high hazard train route or from any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault of the person having control over the oil, or regardless of whether the entry is the …
Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. However, in any action to recover damages, the person shall be relieved from strict liability without regard to f…
In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over oil which enters the waters of the state in violation of ORS 468B.305 to collect and remove the oil immediately. If it is not feasible to collect and remove the oil, the person shall take all practicable actions to contain, tr…
If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to collect, remove, treat, contain or disperse oil which enters into the waters of the st…
The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises, ship or place for the purpose of investigating, controlling, collecting, removing, treating, containing or dispersing a spill or release or threatened spill or release of oil or hazardous material. The director may enter upon …
If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time provided in subsection (2) of this section, the Attorney General, upon the request of the Director of the Department of Environmental Quality, shall bring action in the name of the State of Oregon in the Circui…
Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement or prohibition is in conflict with any applicable federal law or regulation.
The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state or while the gas is at a facility that receives liquefied natural gas from a vessel. (Facility and Covered Vessel Contingency Planning)
The Legislative Assembly finds that: Oil spills present a serious danger to the fragile natural environment of the state. Commercial vessel activity on the navigable waters of the state is vital to the economic interests of the people of the state. Recent studies conducted in the wake of disastrous oil spills have identified the following problems in the …
Unless an oil spill prevention and emergency response plan has been approved by the Department of Environmental Quality and has been properly implemented, no person shall: Cause or permit the operation of an onshore facility in the state; Cause or permit the operation of an offshore facility in the state; or Cause or permit the operation of a covered vess…
The Environmental Quality Commission shall adopt rules defining: Standards for the preparation of contingency plans for facilities and covered vessels; and Oil spill response zones within the navigable waters of the state and the amount of equipment identified in an oil spill contingency plan that is required to be regularly located in those zones. The ru…
A contingency plan for a facility or covered vessel shall be submitted to the Department of Environmental Quality within 12 months after the Environmental Quality Commission adopts rules under ORS 468B.350. The department may adopt a schedule for submission of an oil contingency plan within the 12-month period. The schedule for the Columbia River shall be co…
In reviewing the contingency plan required by ORS 468B.345, the Department of Environmental Quality shall consider at least the following factors: The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call-down lists, response time and logistical arrangements for coordination and implementation o…
The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 only if it determines that the plan meets the requirements of ORS 468B.345 to 468B.360 and: The covered vessel or facility demonstrates evidence of compliance with ORS 468B.390; and If implemented, the plan is capable, to the maximum extent practicable in t…
The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365. The rules shall require random practice drills without prior notice to test the adequacy of the responding entities. The rules may provide for unannounced practice drills of an individual cont…
In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at reasonable times and in a safe manner enter and inspect facilities and tank vessels in order to insure compliance with the provisions of ORS 468B.345 to 468B.415. The department shall coordinate with the State …
If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt rules necessary to enable the department to implement the state tank vessel inspection program.
Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan required under ORS 468B.345 if the department determines that a change has occurred in the operation of the facility or tank vessel necessitating an amended or s…
No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380), if such compliance is required by federal law. No person may cause or permit the operation of an offshore exploration or production facility in the state unless the pers…
The Department of Environmental Quality shall: In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket and market values in assessing damages resulting from oil discharges; Work with other potentially affected states to develop a joint oil discharge prevention education program f…
The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall: Work with agencies responsible for wildlife protection in other west coast states; Rely upon the oil wildlife rehabilitation plan developed under ORS …
The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.400: Cargo and passenger vessels, $220 per trip. Nonself-propelled tank vessels: Ha…
The Oil Spill Prevention 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 and hazardous material spill prevention and the fees collected under ORS 468B.405 shall be paid into the St…
By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses: The fees assessed under ORS 468B.405 on covered vessels and offshore and onshore facilities; The activities of the department under ORS 468B.410 (4); The penalties recovered …
There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the Department of Environmental Quality also shall consult with the State of Washington to establish a joint regional safety committee for the Columbia River and may appoint a subcommittee for the Willamette River. The sa…
If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rules to implement the committee’s recommendations under ORS 468B.415 (5)(c)(C) and …
Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by a state official responsible for oil spill response. Su…
A railroad that owns or operates a high hazard train route in this state shall have an oil spill prevention and emergency response plan that has been approved by the Department of Environmental Quality. A railroad must submit a contingency plan for a high hazard train route to the department within 90 days after the date that operation of trains that cause …
A contingency plan for a high hazard train route required under ORS 468B.427 must: Identify the high hazard train route for which the contingency plan is prepared. Demonstrate the capacity of the railroad that owns or operates the high hazard train route, both in material resources and finances, for the cleanup of an oil spill or release. Include the foll…
The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan: Meets the requirements of ORS 468B.429; and If implemented, is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promp…
A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad shall submit an updated statement at least once every five years, together with submiss…
The High Hazard Train Route Oil Spill Preparedness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Hazard Train Route Oil Spill Preparedness Fund shall be credited to the fund. The fund shall consist of: All moneys placed in the fund as provided by law; and Any gifts, grants, donations, e…
The Environmental Quality Commission may adopt rules as necessary for the implementation of ORS 468B.427, 468B.429, 468B.431, 468B.433 and 468B.435. (Willful or Negligent Discharge)
Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be determined by the Director of the Department of Environmental Quality with the advice of …
There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund. All penalties recovered under ORS 468B.450 (1) shall be paid into the Oil Spillage Control Fund. Such moneys are continuously appropriated to the Dep…
The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. (Shipping)
The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance for ships that transport oil and other hazardous material in the waters of the s…
Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission: Evidence of insurance; Surety bond; Qualifications as a self-insurer; or Any other evidence of financial assurance approved by the commission. Any bond filed shall be issued by a bonding company aut…
The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard train routes. In developing the response plan, the department shall work with all affect…
The plan developed under ORS 468B.495 shall include at a minimum: A compilation of maps and information about the waters of the state including shorelines, access points, critical habitats, shoreline sensitivity, disposal sites, ownership and jurisdictional control over each area. This portion of the plan shall use and expand the computer mapping system cur…
As used in ORS 468B.510 to 468B.525, “bulk oils or liquid fuels terminal” means an industrial facility located in Columbia, Multnomah or Lane County that is primarily engaged in the transport or bulk storage of oils or liquid fuel products and is characterized by having: Marine, pipeline, railroad or vehicular transport access; Transloading facilities for …
The owner or operator of a bulk oils or liquid fuels terminal shall properly implement a seismic risk mitigation implementation plan that has been approved by the Department of Environmental Quality. A seismic risk mitigation implementation plan must, at a minimum, identify actions, with timelines, to protect public health, life safety and environmental safe…
Confidential business information submitted to the Department of Environmental Quality by the owner or operator of a bulk oils or liquid fuels terminal under ORS 468B.510 or 468B.513 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the infor…
It is an unlawful employment practice for the owner or operator of a bulk oils or liquid fuels terminal to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the bulk oils or liquid fuels terminal with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has in…
The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid fuels terminal to the extent those requirements are preempted by 49 U.S.C. 60101 et seq.
The Seismic Risk Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Seismic Risk Mitigation Fund shall be credited to the fund. Moneys in the Seismic Risk Mitigation Fund shall consist of: Money appropriated to the fund by the Legislative Assembly; Fees deposited in the fund under ORS …
This section and ORS 468B.555 shall be known as the “Willamette Watershed Improvement Trading Act.” Note: 468B.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal water quality regulations and promotes economic efficiency. In developing the program…
The Department of Environmental Quality, in coordination with the Oregon Health Authority, shall: Develop and maintain a coordinated state agency harmful algal bloom monitoring and response strategy. Develop a system for the regular monitoring and testing of water bodies determined to be susceptible to harmful algal blooms or that are downstream of or infl…
The Legislative Assembly finds and declares that it is the policy of this state to encourage water reuse and to expand opportunities for water reuse in this state in a manner that protects public health and the environment. The Legislative Assembly finds and declares that it is the policy of this state that agencies of state government, as defined in ORS 17…
The Department of Environmental Quality shall establish and lead an interagency water reuse team. The Water Resources Department, the Oregon Health Authority, the State Department of Agriculture and the State Department of Fish and Wildlife shall participate in the water reuse team. Other agencies of state government, as defined in ORS 174.111, shall partici…
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