Oregon Law
Law as of Jan 1, 2024
Chapter contents
465.003Definitions for ORS 465.003 to 465.034 465.006Policy 465.009Rules 465.010[Amended by 1971 c.743 §371; repealed by 1989 c.846 §15] 465.012Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules 465.015Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility 465.018Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system 465.020[Amended by 1979 c.284 §151; repealed by 1989 c.846 §15] 465.021Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty 465.024[1989 c.833 §10; 1997 c.384 §2; repealed by 2005 c.206 §11] 465.027Contract for assistance with higher education institution 465.030[Repealed by 1989 c.846 §15] 465.031[1989 c.833 §14; repealed by 2005 c.206 §11] 465.032Form of implementation summary; information required 465.034Application of ORS 465.003 to 465.034 465.037Short title 465.040[Amended by 1971 c.743 §372; repealed by 1989 c.846 §15] 465.050[Amended by 1971 c.743 §373; repealed by 1989 c.846 §15] 465.060[Repealed by 1989 c.846 §15] 465.070[Repealed by 1989 c.846 §15] 465.090[Amended by 1971 c.743 §374; repealed by 1989 c.846 §15] 465.100[1977 c.850 §2; 1985 c.728 §83; 1987 c.914 §26; renumbered 464.430 in 1987] 465.101Definitions for ORS 465.101 to 465.131 465.104Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators 465.106Amount of fee to be set by State Fire Marshal; rules 465.110[Amended by 1953 c.540 §5; 1967 c.470 §62; 1969 c.684 §16; 1983 c.470 §6; repealed by 1989 c.846 §15] 465.111Department of Revenue to collect fee; exemption from fee of protected petroleum products 465.112Amounts held in trust; enforcement 465.114Extension of time for paying fee; interest on extended payment 465.117Records of petroleum products transactions; inspection by Department of Revenue 465.120[Amended by 1979 c.284 §152; repealed by 1989 c.846 §15] 465.121Rules 465.124Application of ORS chapters 305 and 314 to fee collection 465.127Disposition of fees; administrative expenses; other uses 465.130[Repealed by 1989 c.846 §15] 465.131Fee imposed by ORS 465.104 in addition to fees established by local government 465.140[Amended by 1989 c.846 §12; renumbered 105.570 in 1989] 465.150[Amended by 1953 c.540 §5; repealed by 1989 c.846 §15] 465.155[1953 c.540 §4; repealed by 1989 c.846 §15] 465.160[Repealed by 1989 c.846 §15] 465.170[Repealed by 1989 c.846 §15] 465.180[Repealed by 1989 c.846 §15] 465.200Definitions 465.205Legislative findings 465.210Authority of department for removal or remedial action 465.215List of facilities with confirmed release 465.220Comprehensive statewide identification program; notice 465.225Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory 465.230Removal of facilities from inventory; criteria 465.235Public inspection of inventory; information included in inventory; organization; report; action plan 465.240Inventory listing not prerequisite to other remedial action 465.245Preliminary assessment of potential facility 465.250Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality 465.255Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions 465.257Right of contribution from other person liable for remedial action costs; allocation of orphan share 465.260Removal or remedial action; reimbursement of costs; liability; damages 465.265“Person” defined for ORS 465.265 to 465.310 465.270Legislative findings and intent 465.275Remedial action and financial assistance program; contracts for implementation 465.280Rules; insuring tax deductibility of interest on bonds 465.285Requirements for financial assistance; contents of agreements 465.290Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations 465.295Decision regarding financial assistance not subject to judicial review 465.300Records and financial assistance applications exempt from disclosure as public record 465.305Application fees; rules 465.310Accounting procedure for financial assistance moneys 465.315Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules 465.320Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability 465.325Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability 465.327Agreement to release party from potential liability to facilitate cleanup and reuse of property; eligible parties; terms of agreement; recording of agreement 465.330State remedial action costs; payment; effect of failure to pay 465.333Recovery of costs of program development, rulemaking and administrative actions as remedial action costs; determination of allocable costs 465.335Costs, penalties and damages as lien; enforcement of lien 465.340Contractor liability; indemnification 465.375Monthly fee of operators; amount; use of moneys 465.376Special hazardous waste management fees; use of fees 465.378Department to work with other states to avoid disruption of waste flows 465.380[Formerly 466.590; 1991 c.703 §47; 1991 c.721 §2; repealed by 1993 c.707 §4 (465.381 enacted in lieu of 465.380)] 465.381Hazardous Substance Remedial Action Fund; sources; uses; Orphan Site Account; uses 465.385[1989 c.833 §§132,171; 1991 c.703 §13; repealed by 1993 c.707 §6 (465.386 enacted in lieu of 465.385)] 465.386Commission authorized to increase fees; rules; basis of increase; amount of increase 465.390[1989 c.833 §§133,172; repealed by 1993 c.707 §8 (465.391 enacted in lieu of 465.390)] 465.391Effect of certain laws on liability of person 465.400Rules; designation of hazardous substance 465.405Rules; “confirmed release”; “preliminary assessment.” 465.410Ranking of inventory according to risk; rules 465.420Remedial Action Advisory Committee 465.425“Security interest holder” defined for ORS 465.430 to 465.455 465.430Legislative findings 465.435Rules relating to exemption from liability for security interest holder 465.440Rules relating to exemption from liability for fiduciary 465.445Advisory committee 465.450Limitation on commission’s discretion to adopt rules 465.455Construction of ORS 465.425 to 465.455 465.475Definitions for ORS 465.475 to 465.484 465.478Legislative findings 465.479Lost policies; investigation by insurer required; minimum standards for investigation 465.480Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; contribution; allocation 465.481General liability insurance policies; assignment 465.482[1999 c.783 §6; renumbered 465.485 in 2013] 465.483General liability insurance policies; duty to defend; environmental consultants 465.484Unfair environmental claims settlement practices; environmental claim mediation; damages 465.485Short title 465.500[1995 c.427 §3; 2001 c.495 §1; 2003 c.407 §21; repealed by 2023 c.262 §1] 465.503[1995 c.427 §4; 2001 c.495 §2; 2003 c.407 §1; repealed by 2023 c.262 §1] 465.505[1995 c.427 §5; 1999 c.59 §132; 2001 c.495 §3; 2021 c.539 §75; repealed by 2023 c.262 §1] 465.507[1995 c.427 §6; 1999 c.59 §133; 2001 c.495 §4; 2003 c.407 §3; repealed by 2023 c.262 §1] 465.510Dry Cleaner Environmental Response Account; use; deductible amounts for expenditures 465.515[1995 c.427 §8; 2001 c.495 §6; repealed by 2003 c.407 §29] 465.517[1995 c.427 §9; 1999 c.1047 §1; 2001 c.495 §7; 2003 c.407 §5; repealed by 2023 c.262 §1] 465.520[1995 c.427 §10; 1997 c.249 §161; 2001 c.495 §14; 2003 c.407 §6; repealed by 2023 c.262 §1] 465.523[1995 c.427 §11; 1999 c.59 §134; repealed by 2023 c.262 §1] 465.525[1995 c.427 §13; 2003 c.407 §7; repealed by 2023 c.262 §1] 465.527[1995 c.427 §14; 2001 c.495 §8; 2003 c.407 §8; repealed by 2023 c.262 §1] 465.530[1995 c.427 §15; repealed by 2003 c.407 §29] 465.531[2003 c.407 §20; repealed by 2023 c.262 §1] 465.533[1995 c.427 §16; 2001 c.495 §9; repealed by 2003 c.407 §29] 465.535[1995 c.427 §17; 2001 c.495 §10; repealed by 2003 c.407 §29] 465.536[2003 c.407 §10; repealed by 2023 c.262 §1] 465.537[1995 c.427 §18; 1999 c.1047 §2; 2001 c.495 §11; repealed by 2003 c.407 §29] 465.540[1995 c.427 §19; repealed by 2003 c.407 §29] 465.543[1995 c.427 §20; repealed by 2003 c.407 §29] 465.545[1995 c.427 §21; 2001 c.495 §12; 2003 c.407 §22; repealed by 2023 c.262 §1] 465.546[1999 c.1047 §4; repealed by 2003 c.407 §29] 465.548[1999 c.1047 §5; 2001 c.495 §13; repealed by 2003 c.407 §29] 465.550Definitions for ORS 465.550 and 465.555 465.555County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee 465.600Definitions for ORS 465.600 to 465.621 465.603Procedure to create public authority 465.606Board of directors; rules; quorum; personnel 465.609General powers; advisory committees; notice of land disposition; report 465.612Obligations of authority not obligations of local government; exception 465.615Exemption from taxation 465.618Remedial action costs; recovery 465.621Dissolution 465.900Civil penalties for violation of removal or remedial actions 465.990[Amended by 1953 c.540 §5; repealed by 1989 c.846 §15] 465.992[1999 c.1047 §6; repealed by 2023 c.262 §1]

Chapter 465 — Hazardous Waste and Hazardous Materials I

ORS 465.386 Commission authorized to increase fees; rules; basis of increase; amount of increase

(1)

Notwithstanding the totals established in ORS 459.236, the Environmental Quality Commission by rule may increase the total amount to be collected annually as a fee and deposited into the Orphan Site Account under ORS 459.236. The commission shall approve an increase if the commission determines:

(a)

Existing fees being deposited into the Orphan Site Account are not sufficient to pay debt service on bonds sold to pay for removal or remedial actions at sites where the Department of Environmental Quality determines the responsible party is unknown or is unwilling or unable to undertake all required removal or remedial action; or

(b)

Revenues from the sale of bonds cannot be used to pay for activities related to removal or remedial action, and existing fees being deposited into the Orphan Site Account are not sufficient to pay for these activities.

(2)

The increased amount approved by the commission under subsection (1) of this section:

(a)

Shall be no greater than the amount needed to pay anticipated costs specifically identified by the Department of Environmental Quality at sites where the department determines the responsible party is unknown, unwilling or unable to undertake all required removal or remedial action; and

(b)

Shall be subject to prior approval by the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board during the interim period between sessions.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.