Oregon Law
Law as of Jan 1, 2024
Chapter contents
466.005Definitions for ORS 453.635 and 466.005 to 466.385 466.010Purpose 466.015Powers and duties of department 466.020Rules and orders 466.025Duties of commission 466.030Designation of classes of facilities subject to certain provisions 466.035Commission authority to impose standards for hazardous waste or PCB at Oregon facility 466.040Application period for PCB or hazardous waste permit 466.045Application form; contents; fees; renewal application; rules 466.050Citizen advisory committees 466.055Criteria for new facility 466.060Criteria to be met by owner and operator before issuance of permit 466.065Applicant for renewal to comply with ORS 466.055 and 466.060; exceptions; permit conditions; rules 466.067Modification of PCB or hazardous waste permit to allow recycling operation; fee 466.068Technical assistance and information program for generators of hazardous waste; rules 466.069Hazardous Waste Technical Assistance Fund; uses; limitations 466.070Standards for rules 466.075Rules for generators of hazardous waste 466.077Fee for generators of hazardous waste to obtain identification number 466.080Rules for transportation of hazardous waste 466.085[Formerly 459.455; repealed by 1987 c.540 §53 (466.086 enacted in lieu of 466.085)] 466.086Gaining federal authorization; rules 466.090Inspection and copying of records authorized; exceptions 466.095Hazardous waste to be stored or treated at permitted site; exemptions 466.100Disposal of waste restricted; permit required 466.105Duties of permittee 466.107Action under ORS 466.105 against guarantor 466.110Application; form 466.115Required application information 466.120Required application information to operate site 466.125Notice of hearings on applications 466.130Public hearing in areas of proposed site required 466.135Recommendations by state agencies on applications; effect 466.140Review of applications; issuance 466.145Review of treatment applications; issuance 466.150Permit requirements 466.153Exemption from state or local laws for sale or deeding of land 466.155Acquisition by condemnation 466.160Site permit fees; disposition; withdrawal by permittee 466.165Annual fees; use 466.168Annual fee for used oil processor 466.170Revocation of permit; judicial review 466.175Disposition of site or facility after revocation; acquisition of site by department 466.180Department authority to limit storage, disposal or treatment 466.185Investigation upon complaint; hearings; orders 466.190Investigation upon motion of department; findings and orders 466.195Monitoring and surveillance program; inspection 466.200Procedure for emergencies 466.205Liability for improper disposal of waste; costs; lien for department expenditures 466.208Requirement to reimburse department for costs associated with implementing corrective action 466.210Actions or proceedings to enforce compliance 466.215Post-closure permit for disposal site; rules; fee 466.225Monitoring site; access 466.250Definition of “PCB disposal facility.” 466.255Disposal of PCB restricted; permit required for PCB disposal facility 466.260Duties of department 466.265Rules for regulation of PCB disposal 466.270Criteria for rules; study of disposal methods 466.275Permit application for PCB disposal facility 466.280Copies of application to be sent to affected state agencies 466.285Notice of hearings on application 466.290Public hearing in area of proposed facility required 466.295Examination of applications; recommendation to commission; decision as to issuance; notice to applicant 466.300Restrictions on commission authority to issue permit 466.305Investigation of complaints; hearing; order 466.310Monitoring, inspection and surveillance program; access to facility and records 466.315Procedure for emergency 466.320Conditions for holding permit 466.325Annual fee 466.330Acquisition by state of real property for disposal of PCB 466.335Consequences of revocation 466.340Restrictions on treatment or disposal of PCB at facility 466.345PCB facility permit fee 466.350Post-closure permit; fee 466.355Interstate cooperation regarding toxics use and hazardous waste reduction programs 466.357Requirements for certain generators of hazardous waste 466.360Policy 466.365Commission authority to establish sites for which notice is required; rulemaking; report to Legislative Assembly 466.370Notice to owner; hearing; filing of notice if no objection 466.375Filing of notice; content of notice 466.380Interagency agreement for notices for radioactive waste disposal sites 466.385Amendment of comprehensive plan and land use regulations; model language; appeal of land use decision related to site requiring notice 466.445Definition 466.447Polychlorinated Biphenyls Remediation and Restitution Account 466.450[1987 c.86 §1; repealed by 1997 c.16 §3] 466.455[1987 c.86 §2; repealed by 1997 c.16 §3] 466.460[1987 c.86 §3; repealed by 1997 c.16 §3] 466.505Definitions for ORS 466.505 to 466.530 466.510Sale of items containing concentrations of PCB prohibited; rules; exceptions 466.515Electric transformers or capacitors exempted; rules 466.520Exemption certificates; applications; conditions 466.525Additional PCB compounds may be prohibited by rule 466.530Prohibited disposal of waste containing PCB 466.540[1987 c.539 §52; 1987 c.735 §1; 1989 c.171 §60; renumbered 465.200 in 1989] 466.547[1987 c.735 §2; renumbered 465.205 in 1989] 466.550[1987 c.735 §3; renumbered 465.210 in 1989] 466.553[1987 c.735 §4; renumbered 465.400 in 1989] 466.555[1987 c.735 §5; renumbered 465.420 in 1989] 466.557[1987 c.735 §6; 1989 c.485 §1; renumbered 465.215 in 1989] 466.560[1987 c.735 §7; 1989 c.485 §9; renumbered 465.220 in 1989] 466.563[1987 c.735 §8; 1989 c.485 §10; renumbered 465.245 in 1989] 466.565[1987 c.735 §9; renumbered 465.250 in 1989] 466.567[1987 c.735 §10; renumbered 465.255 in 1989] 466.570[1987 c.735 §11; renumbered 465.260 in 1989] 466.573[1987 c.735 §12; renumbered 465.315 in 1989] 466.575[1987 c.735 §13; renumbered 465.320 in 1989] 466.577[1987 c.735 §14; renumbered 465.325 in 1989] 466.580[1987 c.735 §15; renumbered 465.330 in 1989] 466.583[1987 c.735 §16; renumbered 465.335 in 1989] 466.585[1987 c.735 §17; renumbered 465.340 in 1989] 466.587[1987 c.735 §18; 1989 c.485 §11; renumbered 465.375 in 1989] 466.590[1987 c.735 §19; 1989 c.833 §§113,169; 1989 c.966 §53; renumbered 465.380 in 1989] 466.605Definitions for ORS 466.605 to 466.680 466.610Department authority relating to cleanup of oil or hazardous material 466.615Limit on commission and department authority over radioactive substances 466.620Emergency response plan 466.625Rulemaking 466.630Commission designation of substance as hazardous material; rules 466.635Report of spill or release of reportable quantity of hazardous material 466.640Strict liability for spill or release; exceptions 466.645Cleanup; failure to complete cleanup 466.650[1985 c.733 §10; repealed by 1987 c.735 §27] 466.653[1987 c.539 §42; repealed by 1989 c.833 §175] 466.655[1985 c.733 §11; repealed by 1987 c.735 §27] 466.660[1985 c.733 §12; 1987 c.158 §90; repealed by 1989 c.833 §175] 466.665[1985 c.733 §13; 1987 c.158 §91; repealed by 1989 c.833 §175] 466.670Oil and Hazardous Material Emergency Response and Remedial Action Fund 466.675Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund 466.680Responsibility for expenses of cleanup; record; treble damages; order; appeal 466.685[1985 c.733 §19; repealed by 1987 c.735 §27] 466.690[1985 c.733 §20; repealed by 1987 c.735 §27] 466.705[1987 c.539 §2 (enacted in lieu of 468.901); 1989 c.926 §41; 1989 c.1071 §§20,25; repealed by 1991 c.863 §11 (466.706 enacted in lieu of 466.705)] 466.706Definitions for ORS 466.706 to 466.882 and 466.994 466.710Application of ORS 466.706 to 466.882 and 466.994 466.715Legislative findings 466.720Statewide underground storage tank program; federal authorization; rules 466.725Limitation on local government regulation 466.727Prohibition on local government tax, fee or surcharge 466.730Delegation of program administration to state agency or local government by agreement 466.735Cooperation with Department of Consumer and Business Services and State Fire Marshal 466.740Noncomplying installation prohibited 466.743Training on operation, maintenance and testing; rules 466.745[1987 c.539 §13 (enacted in lieu of 468.908); 1989 c.1071 §§22,27,29a,43a,43b; repealed by 1991 c.863 §13 (466.746 enacted in lieu of 466.745)] 466.746Commission rules; considerations 466.750License procedure for persons servicing underground tanks 466.760When permit required; who required to sign application 466.765Duty of owner or permittee of underground storage tank 466.770Corrective action required on contaminated site 466.775Grounds for refusal, modification, suspension or revocation of permit 466.780Variance upon petition 466.783Installation fee; permit modification fee 466.785Annual storage tank fee; late payment fee 466.787Annual service provider fee; biennial supervisor fee 466.790[1987 c.539 §26; 1989 c.1071 §§24,29,30,46,47,48; repealed by 1991 c.863 §15 (466.791 enacted in lieu of 466.790)] 466.791Underground Storage Tank Compliance and Corrective Action Fund; sources; uses 466.795Underground Storage Tank Insurance Fund 466.800Records as public records; exceptions 466.805Site inspection; subpoena or warrant 466.810Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies 466.815Financial responsibility of owner or permittee; rules; legislative review 466.820Reimbursement to department; procedure for collection; treble damages 466.825Strict liability of owner or permittee 466.830Halting tank operation upon clear and immediate danger 466.835Compliance and correction costs as lien; enforcement 466.837Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules 466.840Legislative findings 466.845Commission authority to accept and expend moneys received for financial assistance programs 466.850[1997 c.838 §1; repealed by 1999 c.880 §8] 466.855[1997 c.838 §2; repealed by 1999 c.880 §8] 466.858Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action 466.860[1997 c.838 §3; repealed by 1999 c.880 §8] 466.862License required to provide heating oil tank services 466.865[1997 c.838 §4; repealed by 1999 c.880 §8] 466.868Licensing requirements; annual fee; registry of licensees; revocation of license 466.870[1997 c.838 §5; repealed by 1999 c.880 §8] 466.872Certification of voluntary decommissioning or approval of corrective action; fee 466.878Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank 466.880[Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 466.990 in 1997] 466.882Rules 466.890[1985 c.685 §2; renumbered 466.992 in 1997] 466.895[1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36; renumbered 466.994 in 1997] 466.900[1987 c.735 §23; renumbered 465.900 in 1989] 466.901Definitions for ORS 466.901 to 466.915 466.903Financial assistance program for fuel tanks holding aircraft or marine fuel; application; fees 466.905Eligibility for financial assistance; amount of grants 466.907Rules 466.910Sources of funds; disposition 466.913Fuel Tank Compliance and Corrective Action Fund 466.915Memorandum of understanding with State Marine Board or Department of Transportation 466.917Priority of financial assistance granted by Director of Transportation 466.920Priority for distribution of funds by State Marine Board 466.930Prohibition on use of perchloroethylene and n-propyl bromide; rules 466.935Enforcement 466.990Civil penalties generally 466.992Civil penalties for damage to wildlife resulting from contamination of food or water supply 466.994Civil penalties for violations of underground storage tank regulations 466.995Criminal penalties

Chapter 466 — Hazardous Waste and Hazardous Materials II

ORS 466.835 Compliance and correction costs as lien; enforcement

(1)

All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person.

(2)

The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1) of this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under subsection (1) of this section with the Secretary of State. The lien shall attach and become enforceable on the date of the filing. The lien claim shall contain:

(a)

A statement of the demand;

(b)

The name of the person against whose property the lien attaches;

(c)

A description of the property charged with the lien sufficient for identification; and

(d)

A statement of the failure of the person to conduct compliance and corrective actions as required.

(3)

A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of liens.

(4)

Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which a person is liable under the provisions of ORS 466.706 to 466.882 and 466.994.

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.