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APPENDIX C

OREGON J HAZARDOUS WASTE STATUTES . . (ORS 466, • 468)

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Chapter 466

1991 EDITION

Hazardous Waste and Hazardous Materials II

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STORAGE. TREATIrIENT At."lD DISPOSAL

OF HAZARDOUS WASTE AND PCB

(General Provisions)

466.005 Definitions for oas 453.635 and 460.005 to

466.385

466J)10 Purpose

(Administration)

466.015 Powers and duties of department

466.020 Rules and orders

406.025 Duties of commisslon

406.030 Designation of classes of facilities subject

to certain provision:'

466.035 Commission authority to impose standards

for hazardous waste or PCB at Oregon facility •

468.040 Application period for PCB or haz.ardous

waste permit

466.045 Appllcation .forIn; contents; fees; renewal

application

466.050 Citizen advisory committees

468.055 Criteria for new Cacility

468.060 Criteria to be met by owner and operntor

before issuance of permit

466.065 Applicant for renewal to comply with oas

466.055

CHazardous Waste)

466.06S Technical 3SSistance and information pregram for gener:ltors of ha%ardous waste

466.070 Standards for rules

460.075 Rules for generators of hazardous waste

46&.080 Rules for transportation of ha%ardous

waste

466.086 Gaining federal authori%ation

466.090 Inspection and copying of records authorized; exceptions

466.09"5 Hazardou.s waste to be stored. disposed of or treated at permitted site; exemptions

466.l00 Disposal of waste restricted; permit reoqtUred

466.l05 Duties of permittee

466.l07 Ac:t:ion under oas 466.105 against

guarantor

466.ll0 Application; form

466.ll5 R.equired application inIormation

466.l2O Reqaired application information to epeeate site

466.l.2S Notice of hearings on applications

466.l3O Public hearing in areas of proposed site

required

408.l3S Recommendations by state agencies on applications; ei!ect

466.l4O Review of applications; i.s.suanCtl

466.l45 Review of treatment applications; ts.uance

466.150 Permit requirements

46lU53 Acquisition by condemnation

466.165

466.170

466.l75

466.l85

466.l90

466.l95

466.210

Note

Site permit fees; disposition; withdrawal

by permittee

Annual fees; use

Revocation of permit; judicial review

Disposition of. site or facility after revoca- tion; acquisition of site by department

Department. authority to limit storage,

disposal or treatment .

Investigation upon complaint; hearings;

orders

Investigation upon motion of department;

tindiags and orders

Monitoring and surveillance program; inspection

Procedure for emet'gencies

Liabiliev for improper disposal of waste;

costs; llen for department expenditu.res

Actions or proceedings to enioree compli- ance

Post-closUre permit for disposal site; fee

Monitoring site; access

(PCB Disposal Facilities)

Definition of "PCB disposal. facility"

Disposal of. PCB restricted; permit required

for PCB disposal facility .

Duties of department

Rules for regulation of PCB disposal

Criteria for rules; study of. disposal methods

Permit application for PCB disposal facility

Copies of applic3tion to be sent to affected

state agencies

Notice of hearings on application

Public hearing in area of proposed facility

required

Examination of applications; recommendation to commission; decision as to issuance; notice to applicant

Restrictions on commission authority to

issue permit .

Investigation of complaints; hea.riJ2g; order

Monitoring, inspe1:tion and surveillance

program; acce511 to facility and records .

Procedure for emergency

Conditions for hold.ing permit

Annual fee

AcquUition by state of real property for

disposal of PCB

Consequences of revocation

Restrictions on treatment or disposal of

PCB at facility

PCB fac:illty pennit fee

Post-elosure pennit; fee

Interstate cooperation regarding toxies use

and hazardOU3 waste reduction pro~

Requirements for.cert:a..Ui generator.! of

ha%ardous wastes-1989 c..S33 §99

36-605
PUBLIC HEALTH AND SAFETY

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FINANCIAL ASSISTANCE PROGRAMS

FOR OWNERS AND OPERATORS OF

UNDERGROTJND STORAGE TANKS

('l'emporary provisions relating to loan.

gr:anCo loan guaranty and insurance co- payment programs are compiled lLS notes

following ORS ~)

OREGON H.AmORD WASTE·BOARD

<Temporsry provisions relating to Oregon

Ra.a!ord Waste Board are compiled as notes Collo~ oas 466.835.>

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Applic::ltion of ORS 466.706 to 468.835_

Legislative findings

(Administration)

Statewide underground storage tank pro.

gram; federal authorization

Limitation on local government regulation

Delegation of program administration to

state agency or local government by

agreement

Cooperation with Building Codes Agency

and State Fire Marshal

Noncomplying installation prohibited

Commission rules; considerations

(Licenses; Permits)

License procedure for persons servicing

underground tanks

When permit required; who required to

sign application •.

Duty of owner or penmttee of underground storage tank

Corrective action required on contaminated site

Grounds for refusal. modification, suspension.or revoc::ltion of permit .

Variance upon petition

(Finance)

.Fees

Underground Storage Tank Compliance

and Corrective Action Fund; sources; uses

Underground Storage Tank Insurance

Fund

Records as public records; exceptions

(Ent'orcement)

Site inspection; subpoena or wan-ant

Investigation on noncompliance; findings

and orden; decommissioning ta.ak:

hearings; other remedies

Financial responsibility of owner or permittee

Reimhursemei:lc to department; procedure

for collection; treble d.amages

Strict liability of owner or permittee

Halting tank operation upon clear and immediate danger

Compliance and correction costs as lien;

ent'orcement

466.720

466.140

466.146

466.710

466.715

466.735

466.725

466.730

466.760

466.770

466.775

466.750

466.785

466.791

. 466.765

USE OF PCB

Definitions for ORS 468.505 to 466.530

Sale of items containing concentrations of

PCB prohibited; ~ceptions

Electric transformers or capacitors ex- empted

E::l:emption certi!icates; applications; con- ditions

Additional PCB compounds may be prohibited

Prohibited disposal of waste containing PCB .

SPILL RESPONSE AND CI.EAJ.~ OF

HAZARDOUS MATERIALS

Dennitions for oas 468.605 to 466.680

466.610 Department authority relating to cleanup

of oil or hazardous material

466.61S Limit on commission and department au. thority over radioactive subs~ces

406.S2O Emergency response plan

466.62S Rulemakjng

466.S3O Com.mis5ion designation of substance as hazardous material

466.635 Report of spill Or release of reportable

quantity of hazardous material

466.S4O Strict liability Cor spill or release; ex. ceptions

466.S45 Cleanup; Cailure to complete cleanup

466.670 Oil and H.ua.rdowi Material Emergency

Rupoa.se and Remedial Action Fund

466.675 Use of moneys in Oil and Ha%ardous Ma·

terial Emergency Response and Remedial

Action Fund.

466.680 Re:s-ponsibility for e:r:penses of cleanup; record; damages; order; appeal

PACIFIC STATES AGREEMENT ON

RADIOACTIVE 1'rIATERIALS

1'RAl,'fSPORTATION i'tIANAGD1ENT .

Pacific States Agreement on Radioactive

1'YIaterials Transportation Management

Governor to designate member

Confederated Tribes of the Umatilla Indian

Reservation to be consulted

NOTICE OF ENVIRONl\1EJ.'lTAL HAZARDS

466.360 Policy

466.36S Commission authority to establish sites Cor

which notice is required; rulemaking; re- pon to Legislative Assembly

46G.3'iO Notice to owner, hearing; filing of notice

if no objection .

4OEW"75 Filing of notice; content of notice

466.3SO Interagency agreement for notices for rae dioactive waste disposnl sites .

466.38S Amendment of I=omprehensive plan and

land use regulations; model language; appeal of land use decision related to site

requiring notice

UNDERGR9UND STORAGE TANKS

(General Provisions)

466.706 Definitions for ORS 466.706 to· 466.835 and.

406.!l9S

Bt.JI.X PETROLE:tJ'M wrrBDRAWAL FEE

<Temporary provisions relating to bulk petroleum Cee that is to be implemented if

oas 319.02.5 unconstitutional are compiled as notes following ·ORS 460.835) (J

36-606
HAZARDOUS WASTE AND HAZARDOUS MATERIALS IT

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FEDERAL SITE SELECI'ION

<Temporary provisioDS relating to federal

site selection are compiled as notes following DRS 466.S35.)

CIVIL PENALTIES

466.l3SO Civil peDa1ties generally

4S8.89O Civil penalties for damnge to wildlife roesultiDg from contamination of food or wa- ter supply

406B95 Civil peDa1ties for violatiODS of underground storage tank regulatioDS

CRIMINAL PENALTIES

466.995 CrimiDal penalties

CROSS REFERENCES

Clvil oenalty for intentional or reckless violation, 468.996 "

Environmental Quality Commission. duties and powers.

408.010 to 468.075

Pollution control. Cbs. 468. 463A, 46SB

Public health measures, toxic substances. 433.216

Radioactive waste. 469.530 to 469.559

Solid waste; Cbs. 459. S69A

Transport of hazardous "materials. regulation, 761.370 to

761.421

Volunteering assistance or advice related to clean up

of hazardous material, liability limitation. 300490 to

39.4.97

466.005 to 466.385

Penalty for transporting or disposing of hazardous

waste unlawfully, 761.994

Standards for safe transportation of haz;ardous wasta,

767.451

466.D8O

Impoundment of vehicles unlawfully transporting hazardous waste., 767.458

Standards for safe transport of hazardous wastes and

PCB by Public Utility Commissiol1. 467.457

46S.5OO

Use of Pollution Control Fund to fund Orphan Site Account, 468.220

488.705Jo 4G6.83S

Pollution prevention or essential services grant. 316.8:34

466.791

Funding for Underground Storage Tank Compliance

and Corrective ActiOI1 Fund, funding, 468.220

36-607
PUBLIC HEALTH AND SAFETY

36-608

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HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.005

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STORAGE, TREATMENT AND

DISPOSAL OF HAZARDOUS WASTE

AND PCB

(General Provisions)

',466.005 Definitions for ORS 453.635

and: 466.005 to 466.385. As used in ORS

~.o~.635 and 466.005 to 466.385 and 466.890,

/unless the context requires otherwise:

(1) "Commission" means the Environmental Quality Commission.

(2) "Department" means the Department

of Environmental Quality.

(3) "Director" means the Director of the

Department of Environmental Quality.

. (4) "Dispose" or "disposal" means the

discharge, deposit, injection, dumping, spilling, leaking or placing of any' hazardous

waste into or on any land or water so that

the hazardous waste or any hazardous constituent thereof may enter the environment

or be emitted into the air or discharged into

any. waters of the state as defined in ORS

468B.005.

(5) "Facility" means all contiguous land,

structures, other annurtenances and iinprovements on the rind used for treating,·

storing or disposing of hazardous waste.

"FacilitY' may consist of one or more treat- .meat, storage or disposal operational units.

(6) "Generator" means the person, who

by virtue of ownership, management. or control, is responsible for causing or allowing to

be caused the creation of a hazardous waste.

(7) "Hazardous waste" does not include

radioactive material or the radioactively

contaminated containers and receptacles

used in the transportation, storage, use or

application of radioactive waste, unless the

material, container or receotacle is classified

as hazardous waste under 'paragraph (a), (b)

or (c) of this subsection on some basis other

than the radioactivity of the material, container or receptacle. Hazardous waste does

include all of the following which are not

declassified by the commission under ORS

466.015 (3):

(a) Discarded, useless or unwanted materials or residues resulting from .any substance or combination of substances intended

for the purpose of defoliating ~l~':ts or for

the preventing, destroying, repe . g or mitigating of insects, fungi, weeds, rodents or

predatory anjma is, including but not limited

to defoliants, desiccants, fungicides,

herbicides, insecticides, nematocides and

rodenticides.

(b) Residues resulting from any process

of industry, manufacturing, trade or business

or government or from the development or

recover; of any natural resources, if such

residues are classified as hazardous b:r order

of the commission, after notice and public

hearing. For purposes of classification, the

commission must find that the residue, because of its quantity, concentration, or physical, chemical or infectious characteristics

may;

. (A) Cause or significantly contribute to

an increase in mortality or an increase in

serious irreversible or incapacitating reversible illness; or

(B) Pose a substantial present or poten- tial hazard to human health or the environment when improperly treated, stored,

transported, or disposed of, or otherwise

managed.

(c) Discarded, useless or unwanted containers and receptacles used in the transportation, storage, use or application of the

substances described in paragraphs (a) and

(b) of this subsection.

(8) "Hazardous waste disposal site"

means a geographical site in which or upon

which hazardous waste is disposed.

(9) "Hazardous waste storage site" means

the geographical site upon which hazardous

waste is stored.

ClO) "Hazardous waste treatment site"

means the geographical site upon which or

a facility in which hazardous waste is

treated.

(11) "Manifest" means the form used for

identifying the quantity, composition, and the

origin, routing and destination of hazardous

waste during its transportation from the

point of generation to the point of disposal,

treatment or storage.

(12) "PCB" has the meaning given that

term in OBS 466.505.

(13) "Person" means the United States,

the state or a public or private corporation,

local government unit, public agency, individual, partnership, association, firm, trust,

estate or any other legal entity.

(14) "Store" or "storage" means the containment of hazardous waste either on a

temporary basis or for a period of years, in

a manner that does not constitute disposal of the hazardous waste. .

. (15) "Transporter" means any person engaged in the transportation of "hazardous

waste by any means.

(16) "Treat" or "treatment" means any method, technicue, activity or precess, ineluding but not 1imited to neutralization, designed to change the physical, chemical, or

biological character or composition of any

hazardous waste so as to neutralize the

waste or so as to render the waste nonhazardous, safer for transport, amenable for re36-609
466.010 PUBLIC HEALTH AND SAFETY

covery, amenable for storage, or reduced in

volume. (Formerly 459.410; 1987 c.540 §4]

466.010 Purpose. (1)(a) The Legislative

Assembly finds that it is in the interest of

public health and safety and environment to

protect Oregon citizens from the potential

harmful effects of the transportation and

treatment or disposal of hazardous waste and

PCB within Oregon.

(b) Therefore, the Legislative Assembly .declares that it is the purpose of ORS 466.005

to 466.385 and 466.890 to:

(A) Protect the public health and safety

and environment of Oregon to the maximum

extent possible;

(B) Exercise the maximum amount of

control over actions within Oregon relating

to hazardous waste and PCB transportation and treatment or disposal; .

(C) Limit to the extent possible the

treatment or disposal of hazardous waste and

PCB in Oregon to materials originating in

the states that are parties to the Northwest

Interstate Compact on Low-Level Radioactive

Waste Management under ORS 469.930; and

(D) Limit to the extent possible the size

of any hazardous waste or PCB treatment or

disposal facility in Oregon to a size equal to

the amount of waste and PCB originating 'in

Oregon, Washington. Idaho and Alaska of the

type handled by such a treatment or disposal facility.

(2) The Legislative Assembly further

finds and declares that in the interest of

public health and safety and to protect the

environment, it is the policy of the State of

Oregon to give priority in managing hazardous waste in Oregon to methods that reduce

the quantity and toxicity of hazardous waste

generated before using methods that reuse

hazardous waste, recycle hazardous waste

that cannot be reused, treat hazardous waste

or disEose of hazardous waste by. landfilling.

(1985 c.b70 43; 1987 c.54O 1989 c.833 9951

(Administration)

466.015 Powers and duties of department. The department shall: -

(1) Provide for the administration, enforcement and implementation of ORS

466.005 to 466.385 and 466.890 and may per- form all functions necessary: ,

(a) To insure the proper management of

hazardous waste by generators; ,

(b) For the regulation of the operation

and construction of hazardous waste treatment, storage and disposal sites; and

(c) For the permitting of hazardous waste

treatment, storage and disposal sites in consultation with the appropriate county gov- erning body or city council. . .

(2) Coordinate and supervise all functions

of state and local governmental agencies' engaged in activities subject to the provisions

of ORS 466.005 to 466.385 and 466.890.

(3) After notice and public hearing pur-'

suant to ORS 183.310 to 183.550, declassify

as hazardous waste those substances described in ORS 466.005 (7) which the commission finds, after deliberate consideration,

taking into account the public health, welfare or safety or the environment, have been

properly treated or decontaminated or contain a sufficiently low concentration of hazardous material so that such substances are

no longer hazardous. (Formerly 459.430; 1987 c.540

§51

466.020 Rules and orders. In accordance

with applicable provisions orORS 183.310 to

183.550, the commission shall:

(1) Adopt rules and issue orders thereon,

including but not limited to establishing

minimum requirements for the treatment,·

storage and disposal of hazardous wastes,

minimum requirements for operation, maintenance, monitoring, reporting and super- .vision of treatment, storage or disposal sites,

and requirements and procedures for selection of such sites.

(2) Adopt rules and issue orders thereon

relating to the procedures of the department

with respect to hearings, filing of reports,

submission of plans and the issuance, revocation and modification of permits issued

under ORS 466.005 to 466.385 and 466.890.

(3) Adopt rules and issue orders thereon

to classify as hazardous waste those residues

defined in ORS 466.005 (7)(b).

(4) Adotlt rules and issue orders thereon

relating to reporting by generators of hazardous waste concerning type, amount and

disposition of such hazardcus waste and

waste minimization activities. Rules may be

adopted exempting certain classes of generators from such requirements.

(5) Adopt rules and issue orders relating

to the transportation of hazardous waste by

air or water.

(6) Adopt rules and issue orders relating

to the production, marketing, distribution,

transportation and burning of fuels containing or derived from hazardous waste.

(7) Adopt rules and issue orders relating

to correctfve action, including corrective

action within the facility or beyond the facility boundary if necessary to protect public health or the environmen.t, for all releases

of hazardous waste or constituents of hazardous waste occurririg from locations within

the facility or originating within the facility

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36-610
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.045 _ .....tJ.

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and releasing beyond the facility boundary,

from any hazardous waste treatment, storage

or disncsal facility, regardless of the time the

hazardous waste was placed in the facility.

(8) Adopt rules and issue orders relating

to the restriction or prohibition of nonhazardous liquid waste in a hazardous waste

disposal site. .

(9) Adopt rules necessary to implement

the certification requirements of section 99,

chapter 833, Oregon Laws 1989. (Fonnerly 459.440; 1987c.540 §6; 1989 e.833 §1121

Note: See nota under 466.355.

466.025 Duties of commission. In order

to carry out the provisions of ORS 466.005 to

466.385 and 466.890, the commission shall:

(1) Limit the number of facilities disnosing of or treating hazardous waste or PCB;

(2) Establish classes of hazardous waste

or PCB that may be disposed of or treated;

(3) Designate the location of a facility

designed to dispose of· or treat hazardous

waste or PCB; and

(4) Limit to the extent otherwise allowed

by law, the hazardous waste or PCB accepted

for treatment-or disposal at a facility first to

hazardous waste or PCB originating in O~e~on, or if the capacity of the facility as

established under ORs 466.055 allows, or it

is necessary for the commission to receive

and maintain state authorization of a hazardous waste regulatory program under P .L.. 94-580 and PL. 98-616, to states that are

parties to the Northwest Interstate Compact

on Law-Level Radioactive Waste Management as set forth. in ORS 469.930. (1985 e.src

§4)

466.030 Designation of classes of facilities subject to certain provisions. The

Environmental Quality Commission may, by

rule, designate classes of facilities designed

to treat or dispose of hazardous waste or

PCB that shall be subject to the provisions

of ORS 466.025 to 466;065, 466.250, 466.255 (2)

and (3) and 466.260 to 466.320. (1985 c.670 §8]

466.035 Commission authority to impose' standards for hazardous waste or

PCB at Oregon facility. The commission

may impose specific standards for the range

and type of hazardous waste or PCB treated

or disposed of at a facility in order to protect the public health and safety and environment

of Oregon, (1985 c.670 49]

466.040 Application period for PCB or

hazardous waste permit. Whenever the

Environmental Quality Commission finds

there is a need for an additional hazardous

waste or PCB treatment or disposal facility

according to the criteria established in ORS

466.055, the commission shall establish an

application period during which persons may

apply for a PCB disposal facility permit according to the provisions of ORS 466.260 to

466.285 or a hazardous waste disposal facility

permit under ORS 466.005 to 466.385 and

466.890. (1985 c.670 §lOj 1987 c.540 §16]

466.045 Application form; contents;

fees; renewal application. (1) Upon request,

the department shall furnish an application

form to any person interested in develo'Oinj'

or constructing a hazardous waste or PClj

treatment or disposal facility or a hazardous

waste storage facility. Each such form shall

contain: .

(a) The name and address of the applicant.

(b) A statement of financial condition of

the applicant, including assets, liabilities and

net worth...

(c) The experience of the anolicant in

construction, management, supervision or

develonment of hazardous waste or PCB

treatment or disposal facilities and in the

handling of such substances.

(2) The denartment shall also reauire the

submission or' such information relating to

the. construction, development or establishment of a orooosed hazardous waste or PCB

treatment or disposal site and facilities to' be

operated in conjunction therewith, and such

additional information, data and 'reports as it

deems necessary to make a decision on i"

granting or denying a permit. ..

(3) If the application is for a new permit

to ocerate a new hazardous waste or PCB

treatment or disposal facility or a new hazardous waste storage facility, the application

shall be accompanied by a fee in an amount

sufficient to cover the department's costs in

investigating and processing the application,

but which shall not exceed $70,000, which

shall be continuously appropriated to the de- p~ent fur paYtDent of the de'Oarnnen~s

administrative expenses incurred in the

process of issuing a permit for the treatment,

storage or disposal facility. AJ:J.y portion of

the fee that exceeds the department's administrative expenses shall be refunded to the

applicant. "

(4) If the application is for the renewal

of an existing pennit, the application shall

be. accompanied by a fee in an amount estimated by the department to be sufficient to

cover the department's costs in investigating

and processing the renewal application. If

the department incurs exnenses in excess of

the estimated fee. the applicant shall pay. the

excess fees. Under no circumstances shall

the renewal fee exceed a total of $50,000.

AIJ.y portion of the fee that exceeds the department's administrative expenses shall be

refunded to the applicant. Such fees shall be

continuously appropriated to the department

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36-611
466.050 PuBLIC HEALTH AND SAFETY

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for payment of the department's acL-rinistrative expenses incurred in the process of renewing the permit for a treatment, storage

or disposal facility. (1985 c.6iO §ll; 1987 c.S4O §17l

466.050 Citizen advisory committees.

(1) To aid and advise the director and the . commission in the selection of a hazardous

'waste or PCB treatment or disposal facility

or the site of such facility, the director shall

establish citizen advisory committees as the

director considers necessary. The director

shall determine the representation, membership, terms and organization of the committees and·shall appoint their members. The

director or a designee shall be a nonvoting member of each committee. .

(2) Th~ advisory committees appointed

under subsection (1) of this section shall review applications during an application period established under ORS 466.040 and make

recommendations on the applications to the

commission. (1985 c.6iO §121

466.055 Criteria fo~ new facility. Before

issuing a permit for a new facility designed

to discose of Or treat hazardous waste Or

PCB, the commission must find, on the basis

of infonnation submitted by the applicant,

the department or any uther interested party,

that the proposed facility meets the following

criteria:

(1) The proposed facility location:

(a) Is suitable for the type and amount.

of hazardous waste or PCB intended for

treatment or disposal at the facility;

(b) Provides the ma:cimum protection

possible to the public health and safety and

environment of Oregon from release of the

hazardous waste or PCB stored, treated or

disposed of at the facility; and

(c) Is sitUated sufficient distance from

urban growth boundaries, as defined in ORS

197.295, to protect the public health and

safety, accessible by transportation routes

that minimize the threat to the public health

and safety and to the environment and sufficient distance from parks, wilderness and recreation areas to prevent adverse impacts on . the public use and enjoyment of those areas.

(2) Subject to any applicable standards

adopted under ORS 466.035, the design of the

proposed facility:

(a) Allows for treatment or disnosal of

the range of hazardous waste or PCB as required by the commission; and

(b) Significantly adds to:

(A) The range of hazardous waste or PCB

handled at a treatment or disncsal facility

currently permitted under ORS 466.005 to

466.385; or

(B) The type of technology employed at

a treatment or disposal facility currently

permitted under ORS 466.005 to 466.385.

(3) The proposed facility uses the best

available technology for treating or disposing

of hazardous waste or PCB as detennined by

the department or the United States Environmental Protection Agency. .

(4) The need for the facility is demonstrated by:

(a) Lack of adeCl.uate current treatment

or disposal capacity In Oregon, Washington, Idaho and Alaska to handle hazardous waste

or PCB generated by Oregon companies;

(b) A finding that operation of the proposed facility would result in a higher level

of protection of the' public health and safety

or environment; or ..

(c) Significantly lower treatment or disposal costs to Oregon companies.

(5) The proposed hazardous waste or PCB

treatment or disposal facility has no major

adverse effect on either:

(a) Public health and safety; or

(b) Environment ofe.~acent lands. (1985 c.570 §5; 1987 c.54O §1S; 1989 §96]

466.060 Criteria to be met by owner

and operator before issuance of permit.

(1) Before issuing a permit for a facility designed to treat or disnose of hazardous waste

or PCB, the permit 'applicant must demonstrate, and ilie commission must find, that

the owner and operator meet the following

criteria:

(a) The owner, any parent company of

the owner and the operator have adequate

financial and technical capability to properly

construct and operate the facility; and

(b) The compliance history of the owner

including any parent com:pany of the owner

and the onerator in ownmg and operating

other similar facilities, if any, indicates an

ability and willingness to operate the proposed facility in compliance with the provisions of ORS 466.005 to 466.385 and 466.890

or any condition imposed on the permittee

by the commission. .

(2) If requested .by the permit applicant,

iDformation submitted as confidential under

paragraph (a) of subsection (1) of this section

shall be maintained confidential and exempt

from public disclosure to the extent provided

by G~on law. [1985 esro 47; 1987 e..549 §l9; 1989

e.B33 §:f/I .

466.065 Applicant for renewal to comply with ons 466.055. As a condition to the

issuance of a renewal permit under GRS

466.005 to 466.385 and 466.890, the commissian may require the applicant to comply

I.'" •

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36-612
HAZ.-\RDOUS WASTE AJ.'IT> HAZARDOUS ::YIATERIALS II

•

•

•

with all or some of the criteria set forth in

ORS 466.055. (1935 e.sro §6; 1987 c.540 ~20J

(Hazardous Waste)

466.068 Technical assistance and information program for generators of

hazardous waste. (1) The Department of

Environmental Quality shall implement a

technical assistance and information program

for generators of hazardous waste who are

or are likely to be classified as conditionally

exempt generators. The program shall include but need not be limited to:

(a) Direct, onsite assistance;

(b) Coordination with industry trade associations;

. (c) Information clearinghouse activities;

ana . (d) Publications and workshoos directed

at specific types of conditionally exempt

generators.

(2) Technical assistance services orovided

under this section shall not result in insnections or other enforcement actions unless there is reasonable cause to believe

there exists a clear and immediate danger to

the public health and safety or to the environment. The commission mav develop rules

to carry out the intent of this subsection.

(1991 c.721 §51

466.070 Standards for rules. (1) In

adopting rules under ORS 466.020 regulating

the disposal of hazardous wastes, including,

but not limited to, rules for the ocerarion

and maintenance of hazardous waste 'dis"Oosal

sites, the commission shall provide for the

highest and best practicable disposal of the

hazardous wastes in a manner that will minimize:

. (a) The possibilrty of a dangerous uncontrolled reaction, the release of leachate,

noxious gases or odors, fire, explosion or the .discharge of the hazardous wastes; and

(b) The amount of land used for burial of

the hazardous wastes. .

. (2) .The department sh.all investigate and

analyze in detail the disncsal methods and

procedures required to be adopted by rule

under ORS 466.020 and subsection (1) of this

section and shall report its findings and recommendations to the commission. (Formeriy

4.59.4421

466.015 Rules for generators of haze

ardous waste. (1) The commission may, by

rule, require generators of hazardous waste

to:

(a) Identify themselves to the department,

list the location and general characteristics

of their acrivity and name the hazardous

waste generated;

'166.075

(b) Kee'J records that accurately icennrv

the ouantities of such hazardous waste, the

constituents thereof, the disccsition of such

waste and waste minimization activities;

(c) Furnish information on the chemical

comoosition of such hazardous waste to cersons transporting, treating, storing or 'disposing of such waste;

(d) Use a deoartment annroved maruresz

system to assure that all' such hazardous

waste generated is destined for treatment,

storage or disposal in treatment, storage or

disnosal facilities (other than facilities on the

premises where the. waste is generated)

which are operating pursuant to .lawful au- . thority;

(e) Submit rencrts to the department set,

ting out quantities at. hazardous -.va"s'ta generated' during a given time period, che

disnosition or" all such waste and waste min,

imizaticn activities;

(f) Comoly with specific waste management standards; and

(g) Minimize the amount or toxicity of

hazardous waste generated.

(2) The generator of a hazardous waste

shall' be allowed to store a hazardous waste

produced by that generator on the premises

of that generator for a term not to exceed

that set by rule without obtaining a hazardous waste storage site permit. This shall not

relieve any generator from complying with

any other rule or standard regarding storage

of hazardous waste.

(3) The commission by rule may exempt

certain classes or tvties of hazardous waste

generators from part' or all of the requirements upon generators adopted by the commission. Suo an exemption can only be

made if the commission finds that, because

of the quantity, ccncentration, methods of

handling or use of a hazardous waste, such

a class or type of generator is not likely either:

(a) To cause or significantly contribute

to an increase in serious irreversible or incapacitating reversible illness; or

(b) To oose a substantial nresent or 00-

tential t=xeOat to human health or the environment..

(4) The commission by role may proVlaeA

for a snecial cermic for the treatment or

hazardous waste on the premises of a generator. Such a special permit may be estaolished only if such. treatment has no major

adverse impact on;

(a) Public health and safety; or

(b) The en.viroo.ment of adjacent lands.

(Fon::::.erly 469.4-45; issr c...=40 F1

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36-613
466.080 PUBLIC HE-UTH AL'ID SAFETY

·i66.0S0 Rules for tnmsport~tion of

hazar-dous waste. In adopting rules governing transportation of any hazardous wastes

for which a permit is required, the Public

Utility Commission or the State Department

of Agriculture must consult with and con-.

sider the recommendations of the deoartment

prior to the adootion of any such rules.

Transoorters shall be required to deliver . hazardous wastes to a site named in the

manifest orovided for in ORS 466.005 to

466.385, 466.880 (1) and (2), 466.390 and

466.995 (1)· and (2) or an alternative site anproved by the department. (Formerly 459.450] •

406.085 (Formerly 459.455; repealed by 1987 .:.540 §53

(466.086 enac::ea. in lieu of 466.085)]

466.086 Gaining federal authorization.

(1) The commission and the decartment are

authorized to oerform or cause to be oerformed any act ·necessar.r to gain interim ·a.n,d

final authorization of a hazardous wasta regulacory program under the provisions of the

Federal Resource Conservation and Recovery

Act, P.L. 94-580 and the Hazardous and Solid

Waste Amendments of 1984, PL. 98-616 as

amended. and federal regulations and interpretive and guidance documents issued pursuant to the Federal·Resource Conservation

and Recovery Act. -

(2) The commission may adopt. amend or

repeal any· rule . or license and the commission or department may enter into any

agreement necessary to implement this. sec- . tion. (1987 .:.540 ~54 (ena.a.eQ i:l. lieu of 466.085)1

466.090 Inspection and copying oirecords authorized; excenrions, (1) Excect as

provided in subsection (2") of this section; any

information filed or submitted cursuant to

ORS 466.005 to 466.385 and 466.890 shall be

made available for oublic insnection and . copying during regUlar office hours of the

department at the expense of any person requesting conies. - .. (2) Unless classified by the director as

conI1dential, any records. reports or information obtained under ORS 466.005 to 466.385

and 466.890 shall be available to the public.

Upon a: showing satisfactory to the director

by any person thai: records. reports or information, or partic-.J.1ar parts thereor~ if made

public, would divulge methods or processes

entitled to orotection as trade secrets of such

person, the director shall classify as COnD.-

ciential suca record. report or information.

or pareicular part therecf, However, such record. re:Jort or information mav be disclosed

to otb.er officers. employees ;r authorized

re'Jresentatiyes of the state concerned with

carrying' out ons 466.005 to 466.385 and

466.890 or when relevant in any proceeding

under ORS 466.005 to 466.385 and 466.890.

(3) Records. rencrts and information obtained or used by the department or the

commission in administering the state haze

ardous waste program under OR~ 466.005 to

466.385 and 466.890 shall be available to the

United States Environmental Prctection ' Agency and the federal Agency for Toxic

Substances and Disease Registry, upon request. If the records; reports or information

has been submitted to the state under a

claim of confidentiality, the state shall make

that claim of confidentiality to the Environ-

.mental Protection Agency and the Agency

for Toxic Substances and Disease Registry

for the requested records, reports or information. The federal agencies shall treat the

records, recorts or information that is subject to the ·coDiidentiality claim as confidential in accordance with aooiicable federal

law. (Forme:ly 459.~SO; 1987 c...540" fal -.

466.095 Hazardous ~.vaste to be stored,

disposed or or treated at permitted site;

exemptions, (1) Except as provided in ORS

466.075 (2), no person shall:

(a) Store a hazardous waste anywhere in

this state excent at a permitted hazardous

waste treatmenc, storage' or disposal site;

('0) Establish, constructor operate a hazardous waste storage site in this state without obtaining a hazardous waste storage site

permit issued pursuant to ORS 466.0.05 to

466.385. 466.880 (1) and (2). 466.890 and

466.995 (1) and (2); or .

(c) Establish•. construct or operate a hazardous waste treatment site In this state

without obtaining a hazardous waste treat,

ment site oermit issued under ORS 466.005

to 466.385 and 466.890.

(2) The commission may exempt certain

classes of hazardous waste storage or treatment sites from part or all of the permitting

reouirements for these sites. Such an exemotion can only be made if the commission

finds that. because of the quantity, concentration or type of waste or duration of storage, such a class of storage or treatment site

is not likely to endanger the public health.

welfare or saieq or the environment.

(3) II the director finds an emergenC'I

condition to exist, the director may authorize

the short-term storage or treatment of a

hazardous waste anywhere in the state as

long as such temporary storage or treat:::nenc

shall riot constitute a hazard to nuhiic

health. welfare or safety or to the enVironment. [Fo=eriy 459...505; 1981 c:..54O §9]

466.100 Discosal of waste restricted.;

permit required.." (1) Exce?t as provided

subsection (3) of this section, no nerson shall

disncse of any hazardous waste anywhere in

this state except at a h.azardous waste diso

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36-614
HAZ.J.\RDOUS WASTE AND HAZARDOUS M.~TERIA.LS II

•

•

•

posal site permitted pursuant to ORS 466.110

. to 466.170. - .

(2) No person shall establish, construct

or operate a disposal site without a permit

therefor issued pursuant to ORS 466.005 to

466.385 and 466.890.

(3) The department may authorize disposal of specified hazardous wastes at specified solid waste disposal sites operating under department pennit issued pursuant to

·ORS 459.205 to 459.245, 459.255 and 459.265.

Such authorization may be granted only under procedures approved by the commission,

which shall include a determination by the

department that such disposal will not pose

a threat to public health, welfare' or safety

or to the environment. (Formerly 459.510; 1987

c.540 §21] . .

466.105 Duties of permittee. Each hazardous waste storage or treatment site

permittee shall be required to do the following as a condition to holding the permit:

(1) Maintain records of any hazardous

waste identified pursuant to provisions of

ORS 466.005 to 466.385, 466.880 (1) and (2),

466.890 and 466.995 (1) and (2) which is

stored or treated at the site and the manner

in which such waste was stored or treated,

transported and disposed of.

(2) Report periodically to the department

on types and volumes of wastes received,

their manner of disoosition and waste minimization activities tor any hazardous waste

generated on the premises.

(3) Participate in the manifest system designed by the "department.

(~) Maintain current .contingency plans

to minimize damage from spillage, leakage,

explosion, fire or other accidental or intentional event.

(5) Maintain sufficient liability insurance

or equivalent financial assurance in such

amounts as determined by the department to

be reasonably necessary to protect the environment and the health, saiety and welfare

of the people of this state. .

(6) Assure that all oersonnel who are

employed by the permittee are trained in

proper procedures for handling; transfer,

transport, treatment and storage of hazardous waste including, but not limited to, familiarization with all contingency plans.

(7) Maintain other plans and exhibits and

take other actions pertaining to the site and

its operation as determined by the denartment to be reasonably necessary to oro teet

the. public health, welfare or safety 'or the

environment,

(~) Restore, to the extent reasonably practicable, the site to its original condition

when use of the area is terminated.

460.107

(9) Maintain a cash bond or other equivalent financial assurance in the name of the

state in an amount estimated by the department to be sufficient to cover any costs of

closing the site, including corrective actions,

and monitoring it or providing for its security after closure and to secure Eerformance

of all penmt requirements. The' financial assurance shall remain available for the duration of the pennit and until the site is closed,

except to the extent it is released or modified

by the department.

(10) Provide corrective action, including

corrective action within the facility or beyond the facility boundary when determined

by ti:e 'department to be necessary to protect

public health, welfare, safety or the environment, for all releases of hazardous wastes or

constituents of hazardous waste, occurring

from locations \vithin the facility or originating within the facility and releasing beyond the facility boundary, regardless of the

time the hazardous waste was placed at the

facility. The department shall provide to the

permittee a written directive for the necessary corrective action. (Formerly 4fi9.517; 1.987

c.540 §10]

466.107 Action under ORS 466.105

against guarantor. (1) If a permittee is in

bankruptcy, reorganization, or arrangement

under the Federal Bankruptcy Code or if,

with reasonable diligence, jurisdiction in anystate court or any federal court cannot be

obtained over a oermittee likelv to be solvent

at the time of Judgment, any" claim arising

from conduct for which evidence of financial

responsibility is required under ORS 466.105

(5) and (9) may be asserted directly against

the guarantor providing the evidence of flnancial responsibility. In an action under

this section, the guarantor shall be entitled

to all rights and' defenses that would have

been available to the permittee if the action

had been brought against the permittee and

that would have been available to the

guarantor if the action had been brought

against the guarantor by the permittee.

(2) The total liability of any guarantor

shall be limited to the aggregate amount the

guarantor has provided as evidence of financial responsibility to the permittee under

ORS 466.105 (5) or (9). Nothing in this section shall be construed to limit any other

state or federal statutory, constructual or

common law liability of a guarantor to a

permittee including, but not limited to, the

liability of a guarantor for bad faith either in

negotiating or in failing to negotiate the

settlement of any claim.

(3) As used in this section, "guarantor"

means any person other than the 'permittee,

who provides evidence of financial responsi36-615
466.110 PUBLIC HEALTH AND SAFETY

bility for a permittee under ORS 466.105 (5)

or (9). (1987 c.540 §3J

466.110 Application; form. (1) The department shall furnish an application form to

anyone who wishes to operate a hazardous

waste storage or treatment site.

(2) In addition to information requested

on the application form, the department shall

also require the submission of such information relating to the construction, development or establishment of a proposed

hazardous waste storage or treatment site

and facilities to be operated in conjunction

therewith and such additional information,

data and recorts as it deems necessary to

make a decision on granting or denying a license. (Formerly 459.535; 1987 c.540 §22J

466.115 Required application information. Pennit acclications submitted to the

department for" "managing, operating, constructing, developing or establishing a hazardous waste disposal site must contain the

following:

(1) The management program for the operation of the site, including the person to

be responsible for the operation of the site

and a resume of the qualifications of the

person, the proposed-method of disposal, the

proposed method of pretreatment or decontamination upon the site, if any, and the

proposed emergency measures to be provided , at such site.

(2) A description of the size and type of

facilities to be constructed ucon the site, including the height and type "of fencing to be

used, the size and construction of structures

or buildings, warning signs, notices and

alarms to be used, the type of drainage and

waste treatment facilities and maximum capacity of such facilities, the location and .source of each water supply to' be used and

the location and the type of, fire control facilities to be provided at such site.

(3) A preliminary engineering sketch and

flow chart showing proposed plans and specifications for the construction and development of the site and the waste treatment and

water supply facilities, if any,' to be used at

such site.

(4) The exact location and place where

the acplicant procoses to operate and maintain ilie site, mcfuding the legal description of the lands included within such site.

(5) A preliminary geologist's survey report indicating land formation, location of

water resources and direction of the flows

thereof and the opinion of the geologist' relating to possible sources of contamination

of such water resources.

(6) 'The names and addresses of the an- plican~s current or proposed insurance carriers, including copies of insurance policies then in effect. (Formeriy 459.540; 1987 c.540 §23J

466.120 Required application information to operate site. Applications for a permit to operate a hazardous waste storage' or

treatment site shall include at a minimum: .

(1) The name and address ofthe acclicant

and the exact location of the proposed storage or treatment site.

(2) Estimates with respect to compositions, quantities and concentrations of any

hazardous waste· identified under ORS

466.005 to 466.385, 466.880 (1) and (2), 466.890

and 466.995 (1) and (2), and the time, frequency or rate at which such hazardous

waste may be received, stored, treated,

transported or disposed.

(3) A descrintion of the ocerational DIan

for the site, including handling methods.

storage or treatment methods, hours and

days of operation and a preliminary engineering sketch showing layout of the site,

location of water supply and drainage facilities and traffic flow.

(4) A description of security measures at

the site including, but not limited to, type,

height and location of fencing, manner for

controlling access to the site, alarm systems

and warning, signs.

(5) The name of any person who will be

responsible for managing the operation of the

site and a statement, of the qualifications of

such persons.

(6) The name of the liability insurance

carrier who will provide coverage required in

ORS 466.105. (Formerly 459.545; 1987 c.540 §24J

466.125 Notice of hearings on applications. (1) Prior to holding hearings on a:

hazardous waste disposal site permit application, the commission shall cause notice to be

given in the county or counties where the

proposed site is located in a manner reasonably calculated to notify interested and affected persons of the permit application.

(2) The notice shall contain information

regarding the approximate location of the

site and the type and amount of materials

intended for disposal at such site, and shall

fix a time and place for a public hearing. In

addition, the notice shall contain a statement

that any person interested in or affected by

the. proposed site shall have opportunity to

testify at the hearing. [Formerly 459.550; 1.987

c..34O §251 ,

466.130 Public hearing in areas of

proposed site required. The commission

shall conduct a public hearing in the county

or counties where a proposed hazardous

waste disposal site is located and may conduct hearings- at such other places as the

department considers suitable. At the hear.

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36-616
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II

•

•

•

ing the applicant may present the application

and the public may appear or be represented

in support of or in opposition to the applica- tion. (Formerly 459.560]

466.135 Recommendations by state

agencies on applications; effect. Upon receipt of an application for a hazardous waste

disposal site permit, the department shall

cause copies of the application to be sent to

affected state agencies, including the Health

Division, the Public Utility Commission, the

State Fish' and Wildlife Commission and 'the

Water Resources Director. Each agency shall

respond by mak:ing a recommendation as to

whether the permit application should be

granted. If the Health lJivision recommends

against granting the permit, the commission

must refuse to issue the permit. Recommendation from other agencies shall be' considered as, evidence in determining whether to

grant the permit. [Formerly 459.570; 1987 ~40 §261

466.140 Review of applications; issuance. (1) The department shall examine and

review all hazardous waste disposal site permit aoolications submitted to it and make

such investigations as it considers necessary,

and make a recommendation to the commission as to whether to issue the permit,

(2) Afl:er reviewing the department's recommendations under subsection (1) of this

section, the commission shall decide whether

or not to issue the oermit. It shall cause notice of its decision "to be given to the applicant by certified mail at the address

designated, in the application. The decision

of the commission is subject to judicial review under ORS 183.480. [Formerly 459.580; 1987

c.34O §27]

466.145 Review of treatment applica- tions; issuan ce, (1) The department shall

review' and cause to be investigated all hazardous waste treatment site permit applications submitted to it.

(2) After reviewing and investigating the

application, the department shall decide

whether or' not to issue the permit. It shall

cause notice of its decision to be given to the

applicant by certified mail at the address

designated in' the application. The decision

'of the department is subject to review by the ' commission under the provisions of ORS

183.310 to 183.550 governing contested cases.

[Formerly 459.585; 1987 c:.54O §28]

466.150 Permit requirements. Each

hazardous waste disposal site permittee under ORS 466.005 to 4·66.385 and 466.890 shall

be required to do the following as a condition

to holding the permit:

. (1) Proceed expeditiously with and com--

plete the project in accordance with the

plans and specifications approved therefor

466.150

pursuant to ORS 466.005 to 466.385, and

466.890 and the rules adopted thereunder.

(2) Commence operation, management or

supervision of the hazardous waste disposal

site on completion of the project and not to

pennanently discontinue such operation,

management or supervision of the site ...vithout the approval 01 the department.

(3) Maintain sufficient liability insurance

or equivalent financial assurance in such

amounts as determined by the department- to

be reasonably necessary to protect the environment, and the health, safety and welfare

of the people of this state.

(4) Establish emergency procedures and

safeguards necessary to prevent accidents

and reasonably foreseeable risks.

(5) Restore, to the extent reasonably

practicable, the site-to its original condition

when use of the area is terminated as a site.

(6) Maintain a cash bond or other ecuivalent financial assurance in the name otthe

state and in an amount estimated by the department to be sufficient to cover any costs

of closing the site, including corrective

actions, and monitoring it or providing for its

security after closure, to secure performance

of permit requirements and to provide for

any remedial action by the state necessary

to protect the public health, welfare and "" . safety and the environment following site

closure. The financial assurance shall remain

on deposit for the duration of the permit and ","

until the end of the post-closure period, except as the assurance may be releasea or

modified by the department.

(7) Report periodically on the volume of

material received at the site, the fees collected therefor and waste minimization activities for any hazardous waste generated on

the premises.

(8) Maintain other plans and exhibits and

take other actions pertaining to the site and

its operation as determined by the department to be reasonably necessary to protect the oublic health, welfare or safety or the

enmonment. (Formerly 459.590; 1987 c.2S4d1; 1987

c.34O §11]

Note: Section 5. chatleer 284. Oregtl11 Laws 1987,

and section 55, chapter 540, Oregon Laws 1987, botll

provide:

Sec. 5. The requirement:! of ORS Wtlter3 92 and

197 and other state and local laws for the sale or deeding of land do aee apply to:

(1) Any portion of a h.az3rdow waste disposal site

deeded. to the state as a couclltion of Ulsuance of a haz- wow waste distlosai site license under ORS.466.150 (l)

(1985 Replacemene Pare) that the staee deeds back to the lice~ee.

(2) Any real property deeded to the state as a eea- dition of issuance or" a PCS cii3po:sai faciliey license

under ORS 466.320 (l) (1985 Replacement Part) that the

state deeds back to the lic:e=ee. (1987 c.2S4 §5; 1987

c.540 §551

36-617
466.155 PUBLIC HEALTH AND SAFETY

i.

466.155 Acquisition by condemnation.

The commission may acquire real property

for the disposal of hazardous wastes by instituting condemnation proceedings therefor

to be conducted in accordance with ORS

chapter 35. (Formerly 459.595J

466.160 Site permit fees; disposition; withdrawal by permittee. (1) The hazardous waste treatment, storage or disposal site

permit shall require a fee based either on the

volume· of material accepted at the site or a

percentage of the fee collected, or both. The

fees shall be calculated in amounts estimated

to produce over the site use period a sum

sufficient to:

(a) Secure performance of permit re- qmrem~ts; .

(b) Close the site;

. (c) Provide for any monitoring or s~curity of the site after closure; and

(d) Provide for any remedial action by

the state necessary after closure to protect

the public health, welfare and safety and the

environment.

(2) The amount so paid shall be held in

a separate account_ and when the amount

paid in by the permittee together with the

earnings thereon equals the amount of the

financial assurance required under ORS

466.150 (6), the permittee shall be allowed to

withdraw the financial assurance.

(3) If the site is closed before the fees

reach an amount equal to the financial assurance, appropriate adjustment shall be

made and the reduced portion of the financial assurance may be withdrawn. (Formerly . 459.600; 1987 c.2S4 ~3; 1987 ~40 §12J .

466.165 Annual fees; use. (1) An annual

fee may be required of every generator, air

or water transporter and permittee under

ORS 466.005 to 466.385 and 466.890. The fee

shall be in an amount determined by the

commission to be adequate, less any federal

funds budgeted therefor by legislative action,

to carry on the monitoring, inspection and

surveillance program established under ORS

466.195 and to cover related administrative

costs.. All such fees are continuously appropriated to the department to pay the cost of

the program under ORS 466.195. .

(2) A generator assessed an annual fee

established under subsection (1) of this section shall pay only that part of the annual

fee that exceeds the amount oaid in the orevious calendar vear under ORS 465.375'(3).

(Formerly 459.610; 1987 ~40 §2.9; 1991 c.121 g3l

466.170 Revocation of permits; judicial review. The commission may. revoke any

permit issued under ORS 466.005 to 466.385

and 466.890 after public hearing unon a finding that the permittee has violated. any provision of ORS 466.005 to 466.385 and 466.890

or rules adcoted :pursuant thereto or any material condition of the permit, subject to

review under ORS 183.310 to 183.550.

(Fonnerly 459.620; 1987 §30]

466.175 Disposition of site or facility

after revocation; acquisition of site by department. (1) If the commission revokes

a permit under ORS 466.170, the commission

may:

(a) Close an existing hazardous waste

disposal site or facility; or

(b) Direct the department to acquire an

existing facility or site for the disposal, storage or treatment of hazardous waste according to the provisions of subsection (2) of this

section.

(2) The department may, upon direction

of the commission and upon payment of just

compensation, acquire and own an existing

facility or site for use in the disposal, storage

or treatment of hazardous waste. In order to

secure such a site, the commission may

modify or waive any of the requirements 'of

ORS chaoters 459 and 459A and ORS 466.005

to 466.385, 466.880 (1) and (2), 466.890 and

466.995 (1) and (2), but not ORS 469.375 or

469.525, if it finds that such waiver or modification:

(a) Is necessary to make operation of the

facility or site economically feasible; and

(b) Will not endanger the public health

and safety or the environment. (Formeriy

459.635; 1987 c:.54O §31J

466.180 Department authority to limit

storage, disposal or treatment. (1) The

department may limit, prohibit or otherwise

restrict the storage, treatment or disposal of

any hazardous waste if appropriate to protect

public health, welfare or safety or the environment or to prolong the useful life of a

hazardous waste disposal site,

(2) The department shall monitor the origin and volume of hazardous waste received

at a hazardous waste treatment or disposal site and may curtail or reduce the volume of

the wastes that may be acceoted for disposal

. as necessary to prolong the Useful life oi' the

site.

(3) The department may restrict or prohibit the disposal of nonhazardous liquid

waste in a hazardous waste disposal site.

(Formerly 459.640; 1987 c:.54O §13J

466.185 Investigation unon complaint:

hearings; orders. (1) The cfe0artmentshall

investigate any complaint made to it by any

person that the oneration of any generator, air or water transncrter or hazardous waste

disposal, storage or treatment site is unsafe

or that the operation is in violation of the

provisions of ORS 466.005 to 466.385 and

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36-618
HAZARDOUS WASTE AL'ID HAZARDOUS MATERIALS II

•

•

•

466.890 or the rules adopted under ORS

466.005 to 466.385 and 466.890. .

(2) If, after making an investigation under subsection (1) of this section, the depart- . ment is satisfied that sufficient grounds exist

to justify a hearing upon the complaint, it

shall give 10 days' written notice of the time

and place of the hearing and the matters to

be considered at the hearing. A copy of the

complaint shall be furnished by the department to the respondent. Both the

complainant and the respondent are entitled

to be heard, produce evidence and offer 8."(-

hibits and to require the attendance af witnesses at the hearing.

(3) The commission or a hearings examiner appointed by the commission shall hear

the matter. Within 30 days after the date of

the hearing and after considering all evidence and testimony submitted, the commission shall make a snecific order as it

considers necessary. AIly order issued by the

commission under this subsection shall be

subject to judicial review in the manner provided by ORS 183.480 for judicial review of

orders in contested cases. The costs of reporting and of transcribing the hearing for

the purpose of judicial review shall be paid

by the party seeking judicial review. (Formerly 459.650; 1987 c.540 §32)

466.190 Investigation upon motion of

department; findings and orders. (1)-

Whenever the department believes that the

operation of any hazardous waste generator,

air or water transporter or disposal, storage

or treatraent site is unsafe, or in violation of

ORS 466.005 to 466.385 and 466.890 or not in

compliance with rules or orders, the department may, upon its own motion, investigate

the operation of the site.

(2) The department may, after it has

made an investigation under subsection (1)

of this section, without notice and hearing,

make such findings and orders as it considers

necessary from the results of its investigation.

(3) The findings and orders made by the

departraent under subsection (2) of this section may:

Ca) Require changes in operations conducted, practices utilized and operating procedures found to be in violation of ORS

466.005 to 466.385 and 466.890 or the rules

adopted thereunder.

(b) Require compliance with the pro- visions of the permit. .

(4) The department shall deliver a certified copy of all orders issued by it under

subsection (2) of this section to the respondent or the respondent's duly authorized representative at the address furnished to the

466.200

department in the permit :application. The

order shall take effect 20 days after the date

of its issuance, unless the respondent requests a hearing on the order before the

commission before the 20-day period has expired. The request for a hearing shall be

submitted in writing and shall' include the

reasons for requesting the hearing. At the

conclusion of the hearing, the commission

may a£iirm, modify or reverse the original order. .

(5) All hearings before the commission

shall be in compliance with applicable provisions of ORS 183.310 to 183.550. Judicial

review of all orders entered after hearing or

where no hearing is requested shall be in

accordance with the applicable provisions of

QRS 183.310 to 183.550 for judicial review of

contested cases. cForI:lerly 459.660; 1987 c.540 §33]

400.195 Monitoring and surveillance

program; inspection. (1) The department

shall establish and operate a monitoring, inspection and surveillance program over all

hazardous waste generators, air or water

transporters and disposal, storaze and treatment. aites or may contract with any qualified public or private agency to do so.:

(2) AIly person who generates, stores,

treats, transports, disposes of or otherwise

handles or has handled hazardous waste,

shall upon request of any officer, employee

or representative of the department, furnish

information relating to such waste and permit such person at all reasonable rimes to

have access to and to copy all records relating to such waste.

(3) For the purposes 'of enforcing the

provisions of ORS 466.005 to 466.385, any officer, employee or representative of the department may:

(a) Enter at reasonable times any establishment or other place where hazardous

waste is or has been generated, stored,

treated, disposed of or transported. from; and

(b) Insnect and obtain samples from any

person of any such waste and samples of any

containers or labeling for such waste.

(Formerly 459.6iO; 1987 c.540 ~14] .

466.200 Procedure for emergencies. (1)

Whenever, in the judgment of the department

from the results of monitoring or surveillance of operation of any generator, air or

water transucrter or hazardous waste disposal, storage or treatment site, there is reasonable cause to believe that a clear and

immediate danger to the public health, welfare or safety or to the environment exists

from the continued operation of the site,

without hearing or prior notice, the department shall order the operation of the site

halted by service of the order on the site superintendent.

36-619
466.205 PUBLIC HEALTH AND SAFETY

(2) Within 24 hours after the order is

served, the department must appear in the

appropriate circuit court to petition for the

equitable relief required to protect the public health, welfare or safety or the environment

and may begin proceedings to revoke the

p_ermit if grounds for revocation exist.

(Formerly 459.681>; 1987 c.540 §34]

466.205 Liability for improper disposal

of waste; costs; lien for department expenditures. (1) Any personcwning a facility

which generates, treats, stores or disposes of

and any person having the care, custody or

control of a hazardous waste or a substance

which would be a hazardous waste except for

the fact that it is not discarded, useless or

unwanted, who causes or permits any disposal of such waste or substance in violation

of law or otherwise than as reasonably intended for normal use or handling of such

waste or substance, including but not limited

to accidental spills thereof, shall be liable for

the damages to person or property, public or

private, caused by such disposition,

(2) It shall be the obligation of such person to collect, remove or treat such waste or

substance immediately, subject to such direction as the department may give.

(3) If such person fails to collect, remove

or treat such waste or substance when under

an obligation to do so as provided by subsection (2) of this section, the department is

authorized to take such actions as are necessary to collect, remove or treat such waste

or substance.

(4) The director shall keep a record of all

necessary expenses incurred in carrying out

any cleanup projects or activities authorized

under subsection (3) of this section, including

reasonable charges for services performed

and equipment and materials utilized.

(5) Any person who fails to collect, remove or treat such waste or substance immediately, when under an obligation to do so

as provided in subsection (2) of this section,

shall be responsible for the necessary expenses incurred by the state in car:rying out

a cleanup project or activity authorized under subsections (3) and (4) of this section.

(6) If the amount of state-incurred expenses under subsections (3) and (4) of this

section are not paid to the department within

15 days after receipt of notice that such expenses are due and owing, the Attornev

General, at the request of the director, shall

bring an action in the name of the State of

Oregon in any court of competent jurisdic- tion to recover the amount specified in the

final order of the director;

(7) All expenditures covered by this section and all penalties and damages for which

a person is liable to the state under this

chapter and ORS chapter 465 shall constitute

a lien upon any real and personal property owned by such person. .

. (8) the department shall file a claim of

lien on real property to be charged with a

lien under subsection (7) 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 (7) .of

this section with the Secretary of State. The

lien shall attach and become enforceable on

the date of such 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 'O]:".operty charged'

with the lien sufficient for identification; and

(d) A statement of the failure of the person to perform the cleanup or disposal. compliance and corrective action and pay penalties and damages as required.

(9) A lien created by this section may be

foreclosed by a suit on real and personal

property in the circuit court in the manner ~rovided by law for the foreclosure of other

liens.

(10) 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, the person is liable under

the provisions of this chapter. (Formerly 459.685;

1987 c.54O §151

466.210 Actions or proceedings to enforce compliance. Whenever it appears to

the department that any person is engaged

or about to engage in any acts or jJractices

which constitute a violation of ORS 466.005

to 466.385 and 466.890 or the rules and. orders

adopted thereunder or of the terms of. the

permit, without prior administrative hearing,

the department may institute actions or proceedings for legal or equitable remedies to

enforce compliance therewith or to restrain

further violations thereof. (Formerly 459.6SO; 1.987

e.54O §351

466.215 Po5t-closure permit for disposal site; fee. (1) At the time a hazardous

waste disposal site is closed, the person permitted under OBS 466.110 to 466.170 to operate the site, must obtain a post-closure

permit from the department.

(2) A post-closure permit issued under

this section must be maintained until the end

of the post-closure period established by the

commission by rule.

(3) In order to obtain a post-closure permit the permittee must provide post-closure

care which shall include at least the following:

o

o

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36-620
HAZARDOUS WASTE AJ.'ID HAZARDOUS MATERL&\LS II

•

•

•

, (a) Monitoring and security of the hazardous waste disposal site; and

(b) Any remedial action necessary to

protect the environment and the public

health, welfare and safety.

(4) The commission 'may by rule establish

a post-closure permit application fee.

(Formerly 459.695; 1987 c:.54O s36}' ,

, 466.225 Monitoring site; access. (1) If

the department determines that the presence of, hazardous waste at a facility or site at

which hazardous waste is or has been stored,

treated or disposed of, or that the release of

hazardous waste from a hazardous waste

storage, treatment or disposal facility or site

may present a substantial hazard to human

,health or the environment, the department

may order the owner or operator of the facility or site to conduct any. monitoring,

testing, analysis and reporting as the department considers necessary to determine the

nature and extent of the hazard.

(2) If a facility or site is not in operation

at the time a detennination is made under

subsection (1) of this section and the department finds .that the owner of the facility or

site could not reasonably be expected to have

actual knowledge of the presence of hazardous waste at the facility or site and of its

potential for release, the department mayorder the most. recent previous owner or operator of the facility' or site, who could' most,

reasonably be expected to have such actual

knowledge, to cair; out the actions required in subsection (1) of this section.

, (3) Within 30 days after the department

issues an order under subsection (Ifor (2) of

this section, the person to whom the order is

issued shall submit to the department a propoeal for carrying out the required monitoring, testing, analysis and reporting. The

department may require the person to carry

out 'the moriitoring, testing, analysis and reporting described in the proposal and in any

modifications 'to the proposal that the department considers necessary to determine

the nature and extent of the hazard.

: (4) If the department determines that an

owner or operator is not able to conduct

monitoring, testing, analysis or reporting required under subsection (1) or (2) of this

section in a manner satisfactory to the department, or if the department considers any

such action carried out by an owner or operator to be unsatisfactory, or if the owner

or operator fails to comply with the order,

or if the department initially cannot determine that there is an owner or operator able

to conduct such. monitoring, testing, analysis

or reporting, the department may:

(a)(A) Conduct any monitoring, testing or

analysis that the department considers rea466.260

sonable to detennine the nature 'and extent

of the hazard associated with the facility or

site; or

(B) Authorize another state agency, local

authority or person to conduct the necessary

monitoring, testing or analysis; and

(b) Require, by order, the owner or operator to reimburse the department, state

agency, local authority or person for the

costs of conducting the monitoring, testing

or analysis. .

(5) The department may not require an

owner or operator to reimburse the department for tlie costs of any action carried out

by the department under subsection (4) of

this section if the department's actions confum the results of mcnitoring.. testing, analyses or reporting conducted by an owner or

operator under subsection (1) or (2) of this

section.

(6) Any order issued under this section

shall be subject to the provisions set forth in

ORS 466.190 and 466.200.

" (7) In order to carry out the provisions

of this section, the owner or operator of the

site or facility shall allow necessary access

according to the requirements of ORS

466.195 to the department or any state,',

agency, local authority or person conducting",

the monitoring, testin~ or analysis required,

under paragraph (a) or subsection (4) of this;

section. (1987 c:.540 §2] '5

(PCB Disposal Facilities)

466.250 Definition of "PCB disnosal

facility." As used in ORS 466.250. 466.255 (2)

and (3) and 466.260 to 466.350, "PCB disposal facili~ includes a facility for the treatment

or disposal of PCB. (1985 c:.670 §13]

466.255 Disposal of PCB restricted;

permit required for PCB disposal facility.

(1) No new PCB disposal facility shall be

constructed on or atter January 1, 1985,

without first complying with ORS 466.025 to

466.065, 406.250, 466.255 (2) and (3) and

466.260 to 466.350. .

(2) No person shall treat or dispose of

any PCB anywhere in this state except at a

PCB disnosal facility operating under a permit pursuant; to ORS 466.025 to 466.065,

466.250, 466.255 (2) and (3) and 466.260 to

466..350.

(3) No person shall establish. construct

or operate a PCB disposal facility without a

permit therefor issued under OM 466.025 to

466.065, 466.250, 466.255 (2) and (3) and

466.260 to 486.350. (1985 c:.6i0 §§14. 43; 1987 e:.54o

§37]

466.260 Duties of department. The department shall:

. f'(

«:

36-621
466.265 PUBLIC HEALTH Ai'ID SAFETY

(1) Provide for the administration, enforcement and implementation of ORS

466.025 to 466.065, 466.250, 466.255 (2) and (3)

and 466.260 to 466.350 and may perform all

functions necessary:

(a) To regulate the operation and construction of a PCB disposal facility; and

(b) For the permitting of a PCB dispcsal

facility in consUltation with the appropnate

county governing body or city council. "

(2) Coordinate and supervise all-functions

of state and local governmental agencies engaged in activities subject to the provisions

of ORS 466.025 to 466.065, 466.250, 466.255 (2)

and (3) and 466.260 to 466.350. (1985 c.670 §15;

1987 c:.540 g38)

466.265 Rules for regulation of PCB

disposal. In accordance with applicable provisions of ORS 183.310 to 183.550, the commission shall:

(1) Adopt rules and issue orders, including but not limited to establishing minimum

requirements for the disposal of PCB, minimum requirements for operation, maintenance, monitoring, reporting and. supervision

of disposal facilities,-and requirements and

procedures for selection of such facilities.

(2) Adopt rules and issue orders relating

to the procedures of the department with respect to hearings, filing of reports, submission of plans "and the issuance, revocation

and modification of permits issued under

ORS 466.005 to 466.385. [1985 c.SiO §16; 1987 c:.l58

~88; 1987 c.540 §39]

466.270 Criteria for rules; study of

disposal methods. (1) In adopting rules under ORS 466.265 regulating the disposal of

PCB including, but not limited to, rules for

the operation and maintenance of a PCB

disposal facility, the commission shall provide for the best practicable disposal of the

PCB in a manner that will minimize the

possibility of adverse effects on the public

health and safety or environment.

(2) 'The department shall investigate and

analyze in detail the disposal methods and

procedures .required to be adopted by rule

under subsection (1) of this section and ORS

466.265 and shall report its findings and recommendations to the commission. (1985 c.670

§17]

466.275 Permit application for PCB

disposal .facility. Permit applications submitted to the department for managing, op- erating, constructing, developing or

establishing a PCB disposal facility must

contain the following:· .

(1) The management program for the op- eration of the facility including the person to

be responsible for the operation of the facility and a resume of the person's qualifications, the proposed method «: disposal, the

proposed method of pretreatment or decontamination of the facility, if any, and the

procosed emergency measures to be provided

at the facility.

(2) A description of the size and type of

facility to be constructed, including the

height and type of fencing to be used, the

size and construction of structures or

buildings, warning signs, notices and alarms

to be used; the type of drainage and waste

treatment facilities and maximum capacity

of such facilities, the location and source of

each water supply to be used and the 10-,

cation and the type of fire control facilities

to be provided at the facility. .

(3) A preliminary engineering sketch and

flow chart showing proposed plans and snecifications for the construction and development of the disposal facility and the Waste

treatment and water supply facilities, if any,

to be used at the facility.

(4) The exact location and place where

the applicant proposes to operate and maintain the PCB dis-oosal facility, including the

lezal description of the lands included within th~ facility. .

(5) A geologist's survey report indicating

land formation, location of water resources

and direction of the flows thereof and the

geologist's opinion relating to the potential

of contamination of water. resources includina but not limited to possible sources of su~h contamination.

(6) The names and addresses of the applicant's current or proposed insurance.carriers, including copies of insurance policies then in effect. (1985 c.670 §18; 1987 c.54O §40]

. 466.280 Copies of application to be

sent· to affected: s~te agencies. Upon receipt of an application for a PCB disposal

facility permit, the department shall caus~

copies of the application to be sent to atfected state agencies, including the Health

Division, the Public Utility Commission, the

State Fish and Wtldlife Commission and the

Water Resources Director. Each agency shall

respond within the period specified by the

department by makirig a writte,I:t reco~~ndation as to whether the pernut application

should be granted. Recommendation from

other agencies shall be considered determining whether to gI"3.D.t the permit, [1985

c.670 §l~ 1987 c:..54O §41)

-466.285 Notice of hearings on application. (1) Prior to holding hearings on a PCB

disposal facility permit.application, th~ 70mmisSIon shall cause notice to be given in the

county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected

persons of the permit application.

o

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36-622
HAZARDOUS WASTE AND HAZARDOUS l'YIATERLo\LS II

•

•

•

(2) The notice shall contain information

regarding the approximate location of the facility and the type and amount of PCB intended for disposal at the facility, and shall

fix a time and place for a public hearing. In

addition, the notice shall contain a statement

that any person interested in or affected by

the proposed PCB disposal facility shall have

otJ.F.ortunity to testify at the hearing. (1985

C.tHO §20; 1987 c.54O §421

. 466.290 Public hearing in area of proposed facility· required. The commission

shall conduct a public hearing in the county

or counties where a proposed PCB disposal

facility is located and may conduct hearings

at other places as the department considers

suitable. At the hearing the applicant may

present' the application and the public may

annear or be reoresented in sunncrt of or in

opposition to the application. risss.esro §211 .

466.295 Examizaarion of applications;

recommendation to commission; decision

as to issuance; notice to applicant. (1) At

the close of the application period under

ORS 466.040, the department shall examine

and review all PCB disposal facility permit

applications submitted to the commission and

make such investigations as the deoartment

considers necessary, and make a recommendation to the commission as to whether to

issue the permit.

(2) After reviewing the department's recommendations under subsection (1) of this

section, the commission shall decide whether

or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the adcfress

designated in the application. The decision

of the commission is subject to judicial review under ORS 183.480. (1985 esro §22; LOS7

c.340 s43)

466.300 Restrictions on commission

authority to issue permit. The Environmental Quality Commission may not issue a

permit under ORS 466.295 for any facility

designed to dispose of PCB by incineration

unless:

(1) The facility is also equipped to

incinerate hazardous waste; and .

(2) The applicant has received all federal

and state licenses and permits required to

ooerate a hazardous waste incinerator. (1985

diO §23; 1987 c.S4O §441

466.305 Investigation of complaints;

hearing; order. (1) The department shall investigate any complaint made to it by any

person that the operation of any PCB disposal facility is unsafe or that the operation

1S in violation of a condition of the .oneratcr s

permit or any provisions of ORS 466.025 to

466.065, 486.250, 466.255 (2) and (3) and

466.260 to 466.340 or the rules adopted under

486.315

ORS 466.025 to 466.065, 466.250, 466.255 (2)

and (3) and 466.260 to 466.350. Uoon receiving a complaint, the department shall furnish

a copy of the complaint to the person holding

the permit to operate the PCB disposal facil- .

ity..

(2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist

to justify a hearing upon the complaint, it

shall give 10 days' written notice of the time

and place of the hearing and the matters to

be considered at the hearing. Both the

complainant and the respondent are entitled

to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.

(3) The commission or a heazings examiner ancointed by the commission shall hear

the matter. Within 30 days after the date of

the hearing and after considering' all evidence and testimony submitted, the 'Commission shall· make a specific order as it

considers necessary. Any order issued by the

commission under this subsection shall be

subject to judicial review in the manner provided by ORS 183.480 for judicial review of

orders in contested cases. The costs of reporting and of transcribing the hearing for

the purpose of judicial re:n7w shall be pai~ . by the PartY seeking judicial review. (1985:'-

c.670 §24; 1987 c.340 §45] .

466.310 Monitoring, inspection and:

surveillance program; access to facility

and records. The deoartment shall establish

and operate a monitoring, inspection and

surveillance program over all PCB disposal

facilities or may contract with any qualified

public or private agency other than the

owner or oermittee to do so. Owners and 00-

erators or' a PCB disposal facility must allow

necessary access to the PCB disposal facility

and to its records, including those. required

by other public agencies, for the monitoring,

inspection and surveillance program to operate. US8S c.5iO §2S; 1987 c.54O §46]

466.315 Procedure for emergency. (1)'

Whenever, in the judgment of the department, there is reasonable cause to believe

that a clear and immediate danger to the

public health or safety or to the environment

exists from the continued oneration of the

facility, without hearing or prior notice, the

department shall order the ooeration of the

facility halted by service of the order on the

facility operator or an agent of the operator.

(2) Within 24 hours after the order is

served, the department must appear in the

aourcnriate circuit court to oetition for the

ecrwtible relief required to protect the public

health or safety or the environment and may

begin proceedings to revoke the permit if

36-623
466.320 PUBLIC HEALTH AND SAFETY

grounds for revocation exist. (1985 e.670 §26; 1987

c.540 §47]

466.320 Conditions for holding permit.

Each PCB disposal facility permittee under

ORS 466.025 to 466.065, 466.250, 466.255 (2)

and (3) and 466.260 to 466.350 shall be required to do the following as a condition to

holding the permit:

(1) Proceed expeditiously with and complete the project in accordance with the

plans and specifications approved and the

rules adopted under ORS 466.025 to 466.065,

466.250, 466.255 (2) and (3) and 466.260 to

466.350.

(2) Commence oEeration, management or

supervision of the PCB disposal facility on

completion of the project and not to permanently discontinue the operation, management or supervision of the facility without

the approval of the department.

(3) Maintain sufficient liability insurance

or equivalent financial assurance in such

amounts as determined by the department to

be reasonably necessary to compensate for

damage to the public health and safety and

environment.

. (4) Establish emergency procedures and

safeguards necessary-to prevent accidents

and reasonably foreseeable risks.

(5). Restore, to the mant reasonably

practicable, the area of the facility to its original condition when use of the area is terminated as a facility.

(6) Maintain a cash bond or other equivalent financial assurance in the name of the

state. and in an amount estimated by the department to be sufficient to cover any costs

of closing the facility and monitoring it or

providing fOI" its security after closure, to

secure performance· of permit requirements

and to provide for any remedial action by the

state necessary to protect the public health

and safety and the environment following facility closure. The financial assurance shall

remain on deposit for the duration of the

permit. and until the end of the post-closure

period, .except as the assurance may be released or modified by the department.

(7) Report periodically to the department

on the volume and types of PCB received at

the facility, their manner of disposition and

the fees collected therefor.

(8) Maintain other clans and exhibits

pertaining to the facility and its operation as

determined by the department to be reasonably necessary to protect the public health

or safety or the environment.

(9) Maintain records of any PCB identified under provisions of ORS 466.025 to

466.065, 466.250, 466.255 (2) and (3) and

466.260 to 466.350 which is stored, treated or

disposed of at the facility and the manner in

which the PCB was stored, treated, transported or disposed of. The records shall be

retained for the period of time determined by the commission. .

(10) Assure that all personnel who are

employed by the permittee are trained in

proper procedures for handling, transfer,

transport, treatment, disposal. and storage of

PCB including but not liinited to familiarization with all contingency plans. . .

(11) If disposal is by incineration, the facility must also incinerate a reasonable ratio

of hazardous waste. (1985 e.6iO §27; 1987 c.2B4 §2;

1987 c.54O §48)

466.325 Annual fee. An -annual fee may

be required of every PCB disposal facility

permittee under ORS 466.025 to 466.0QQ,

466.250, 466.255 (2) and (3j and 466.260. to

466.350. The fee shall be in an amount determined by the commission to be adequate

to carry on the monitoring, inspection and

surveillance program established under ORS

466.310 and to cover related administrative

costs. All such fees are continuously appropriated to the department to pay the cost of

the program under OBS 466.310. [1985 esro §2S;

1987 c.54O §49) .

466.330 Acquisition by state of real

property for disposal of PCB. The commission may acquire real property for the disposal of PCB by instituting condemnation

proceedings therefor to be conducted in accordance with ORS chapter 35. [1985 e.sto §291

466.335 Consequences of revocation.

(1) If the commission revokes a PCB disposal

facility permit under ORS 466.170, the 'commission may:

(a) Close the existing PCB disposal site

or facility; or

(b) Direct the department to acquire an

existing facility or site for the. disposal or

treatment of PCB according to the provisions.

of subsection (2) of this section.

(2) The department may, upon direction

from the commission and after payment of

just compensation, acquire and own an existing facility for use in the disnosal of PCB.

In order to secure such a facility, the commission may modify or waive any of the requirements of ORS chapters 459 and. 459A

and ORS 466.005 to 466.385, 466.880 (1) and

(2), 466.890 and 466.995 (1) and (2), but not

OBS 469.375 or 469.525, if the commission

finds that waiver or modification:

(a) Is necessary to make operation of the

facility economically feasible; and

(b) Will not endanger the public health

and safeS(. or the environment. [1985 e.5iO §30;

1987 c.54O §50]

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36-624
HAZARDOUS WASTE AND HAZARDOUS MATERLJ\LS II .'

•

•

466.340 Restrictions on treatment or

disposal of PCB at facility. (1) The department. may limit, prohibit or otherwise restrict the treatment or disposal of PCB at a

disposal facility if appropriate to protect

public health and safe.ty or the environment.

(2) The department shall monitor the origin and volume of PCB received at a disposal

facility acquired and rezulated under ORS

466.335, and may curtaiI or reduce the volume of the PCB that may be accepted for

disposal as necessary to: . .

(a) Protect public health and safety or

the environment; or

, (b) Assure that the operation of the facility is economically feasible.

(3) The department shall not accept any

PCB at a disposal facility owned by the state

from a state that is not a PartY to the

Northwest Interstate Compact on Low-Level

Radioactive Waste Management as set forth

in ORS 469.930. (1985 c:.670 §311

466.345 PCB facility permit fee. (1) The

PCB disposal facility permit shall require a

fee based either on the volume of PCB accepted at the facility or a percentage of the

fee collected, or both. The fees shall be calculated in' amounts estimated to produce

over the facility use period a sum sufficient

to:

(a) Secure performance of permit requirements;

(b) Close the facility;

(c) Provide for any monitoring or security of the facility after closure; and

(d) Provide for any remedial action by

the state necessary after closure to protect

the public health and safety and the environment.

(2) The amount so paid shall he held in

a separate account and when the amount

paid in by the permittee together with the

earnings thereon equals the amount of the

financial assurance required under ORS

466.320, the permittee shall.be allowed to

withdraw the financial assurance.

(3) If the facility is closed before the fees

reach an amount equal to the financial assurance. appropriate adjustment shall be

made and the reduced oortion of the financial assurance may be Withdrawn. (1985 e.sro

§32; 1987 c.284 §4; 1987 c:.54O §511

466.350 Post-closure permit; fee. (1) At

the time a PCB disposal facility is closed, the.

person permitted under ORS 466.025 to

466.065, 466.250, 466.255 (2) and (3) and

406.260 'to 466.350 to ooerate the facility must

obtain a post-closure p'ermit from the department.

466.360

(2) A post-closure permit issued under

this section must be maintained until the end

of the post-closure period established by the

commission by rule. .

(3) In order to obtain a post-closure permit the permittee must provide post-closure

care which shall include at least the follow- ing; '

(a) Monitoring and security of the PCB

disposal facility; and

(b) Arly remedial action necessary to

protect the public health and safety and environment.

(4,) The commission may by role establish

a post-closure permit application fee, (1985

c:.67ll §33; 1987 c:.540 §521 .

466.355 Interstate cooperatdca- regarding taxies use arid hazardous waste reduction programs. (1) The Department of

Environmental Quality shall work with representatives of the States of Washington,

'Idaho and Alaska to establish provisions in

each state to assure that any generator disposing of hazardous waste or PCB at an

Oregon hazardous waste or PCB disposal facility has implemented a toxies use reduction

and hazardous waste reduction program substantially eouivalent to any toxies use reduction and hazardous waste reduction

program required of Oregon generators.

(2) The deoartment shall reoort to the

appropriate legislative interim coi:nmittee on

the department's progress in carrying out the

purpose of subsection (1) of this section. (1989

c.S33 §1001 ",'

Note: Sections 99 aad U9, caaceer 833, Oregon

Laws 1989, provide: .

Sec. 99. Requirements for certain generators

of hazardous wastes. A1J.y person operatiDg a hazard- ous WUts or PCB disposal facility pursuanl: to a pennit

issued under ORS 466.005 to 466.385 shaJl not aeeaee

hazardous Wa5l:8 or PCB from an Oregon generator un.

less the generator first certifies that the. generator W

im'Dlemented a toxies usa reduction and h.a%.ardous waste

reducticn program a5 required under Oregon law, or

with re.specl: to an out~f·sta.te generator, the generator has certified compliance with the wa:ll:8 mjnimization

reauirements oC section 224(a) oC the Hazardous and.

Solid Waste Amendments of 1984. P.L. 98-016. (1989

esaa §991

Sec. 119. Section 99 of this Act does not become

operative until January 1. 1993. Pursuant to ORS 406.020 as aJ;1ended by seetion 112 of this Act. the Environmental Quality Commission shall adopt rules necessary

to implemenl: the certification requirements of section

99 of th:i:s Aa on or before January 1. 1993. (1989 c:..S33

§ll9J

NOTICEOFE~ONM&'IT.~

HAZARDS

466.360 Policy. (1) The Legislative Assembly finds that:

(a) Dis-posal sites exist on certain lots or

parcels of real property within Oregon that

may restrict future land development or con36-625
466.365 PUBLIC HEALTH AND SAFETY

I

I •

stitute a potential hazard to the health,

safety and welfare of Oregon's citizens, particularly if present or future owners use or

modify the parcels without taking into consideration the use restrictions or environmental hazards posed by the former disposal

activity.

(b) Permits, licenses and approvals that

have been or may be granted by the Environmental Quality Commission, the Department of Environmental Quality or the

Energy Facility Siting Council authorizing

disposal of waste upon real. property protect

the health, safety and welfare of Oregon citizens only if adequate notice of· pcst-clcsure

use restrictions is given to future purchasers

of the real property.

(c) Disposal sites created prior to regulation may be potentially hazardous if use

restrictions are not imposed.

(d) Proper precautions and maintenance

cannot be taken and continued unless the

location of the disposal site, the nature and

extent of its potential hazard and use restrictions are known to cities and counties

and those who own and occupy the property.

(2) It is hereby declared to be the public

policy of this state to give notice to local

governments of potential hazardous disposal

sites and to impose use restrictions on those

sites. (1985 c.273 §21.

466.365 Commission authority to establish sites for which notice is required;

rulemaking; report to Legislative Assembly. (1) The commission may establish by

rule adopted under ORS 183.310 to 183.550:

(a) A list of sites for which environmental hazard notices must be given and use

restrictions must be imposed. The list shall

be consistent with the policy set forth in

ORS 466.360 and may include any of the following sites that contain potential hazards to

the health, safety and welfare of Oregon's

citizens:

(A) A land disposal site as defined by

ORS 459.005;

(B) A hazardous waste disposal site as

defined by ORS 466.005;

(e) A disposal site containing radioactive

waste as defined by ORS 469.300; and .

(D) A facility.

(b) The form and content of use restrictions to be imposed on the sites, which

shall require at least that post-closure use of

the site not disturb the integrity of the final

cover, liners or any other components of any

containment system or the function of the

facility's monitoring systems, unless the department finds that the disturbance:

(A) Will not increase the potential hazard

to human health or the environment; or

(B) Is necessary to reduce a threat to

human health or the environment.

(c) The form and content of the environmental hazard notices to be filed with cities

and counties.

(d) The circumstances allowing and procedures for removal or amendment of envi- , ronmental hazard notices and use

restrictions provided by the department.

(e) Any other provisions the commission

considers necessary for the .c!epartnlent to

accomplish the purpose of ORS 466.360 to

466.385.

(2) S,2i]ls and releases cleaned U'C pursuant to ORS 466.205 and 468B.315 shill not be

listed as sites to be regulated under subsection (1) of this section. -. . .

(3) Before hearings on and adoption of

rules under subsection (1) of this section, the

department shall notify each person who

owns a disposal site or an owner or ocerator

of a facility of the rulemaking proceedings.

(4) The department shall report to each

Legislative Assembly on any site or facility

for which environmental hazard notices and

use restrictions have been amended or removed as provided by role adopted under

paragraph (d) of subsection (1) of this sec~

tion. .

(5) The commission shall not list a site,

spill or release under subsection (1) of this

section, if the commission finds that within

90 days of receipt of notice under subsection

(3) of this section, the owner cleaned un the

site, spill or release so 'it is no longer a. 00-

tential hazard to the health, safety and welfare of Oregon's citizens.

(6) As used in this section, "facility" has

the meaning given in ORS 465.200. (1985 d73

§3; 1987 c.735 ~25; 1991 c.480 §lO)

466.370 Notice to owner; hearing; filing of notice if no objection. (1) The department shall notify by certified mail any

person who owns a lot or parcel upon which

a disposal site listed under ORS 486.365 exists. The notice shall:

(a) Describe the disposal site and potentially hazardous environmental conditions;

(b) Describe the use restrictions that will

be imposed;

(c) Exolain that an environmental hazard

notice will be sent to the annrcuriate city or

county under ORS 466.375; and .

(d) Advise the person of the procedure for

requesting a hearing under subsection (2) of

this section. .

(2) If any person receiving notice under

subsection (1) of this section objects to the

o

C)

36-626
HAZARDOUS WASTE AND HAzARDOUS MATERIALS II

•

•

•

use restrictions, the person may request" a

hearing before the commission. The request

shall be in writing and must be submitted to

the department within 20 days after the person receives the notice under subsection (1)

of this. section. The hearing shall be conducted according to the provisions for a' contested case hearing in ORS 183.413 to

183.497. .

(3) If no hearing is requested within 20

days after receipt of the notice, the department shall file the environmental hazard notice with the appropriate city or county. (1985

c.273 §4)

466.375 Filing of notice; content of

notice. The department shall file an environmental hazard notice with the city or

county in which a site listed under ORS

466.365 (1) is located. The notice shall contain the following information: .

(1) A description of the lot or parcel upon

which the disposal site is located;

(2) The restrictions that apply to postclosure use of the property; and

(3) Information regarding the potential

environment nazards posed by the disposal

site to assist the city or county in complying

with ORS 466.385. (1985 c.2i3 §5] •

466.380 Interagency agreement for notices for radioactive waste disposal sites.

The Department of Environmental Quality

and the Department of Energy shall enter

into an interagency agreement providing for

the implementation of the provisions of ORS

466.360 to 466.385 relating to radioactive

waste disposal sites. (1985 c:.273 §6)

466.385 Amendment of comprehensive

plan and land use regulations; model

language; appeal of land use decision related to site requiring notice. (1) By the

first periodic review after development of·

model language under subsection (2) of this

section, the governing body of a city or

county shall amend its comprehensive plan

and land use regulations as provided in ORS

197.610 and 197.628 to 197.646 to establish

and implement policies regarding potentially

hazardous environmental conditions on sites

listed under ORS 466.365. The land use regulations shall provide that:

(a) The city or county shall not approve

any proposed use of a disposal site for which

the city or county has received notice under

ORS 466.370 until the Department of Environmental Quality has been notified and

provided the city or county with comments

on the proposed use; and

(b) Within 120 days of receipt of an environmental hazard notice from the Danartment of Environmental Quality, the city or

466.450

county shall amend its zoning mans to identify the disposal site. .

(2) The Department of Environmental

Quality and the Department of Land Conservation and Development shall:

(a) Develop model language for comprehensive plans and land use regulations for

use by cities and counties in complying with

this section; and -

(b) Provide technical assistance to cities

and counties in complying with ORS 466.360

to 466.385.

(3) The Department of Environmental

Quality may appeal to the Land Use Board

of Appeals any final land use decision or

limited land use decision made by a city or

county regarding any proposed use of a disposal site that has-been identified. under its

comprehensive plan and land use regulations

pursuant to this section. (1985 c.273 §i; 1591 c.S12

~22; 1991 c.B17 §30j

PACIFIC STATES AGREEMENT ON

RADIOACTIVE MATERIALS

TRANSPORTATION l\1Ai.'l'AGEMENT

466.450 Pacific States Agreement on

Radioactive Materials Transportation

Management. The Pacific States Agreement

on Radioactive Materials Transportarion

Management is enacted into law and entered

into by the State of Oregon and entered into

,vith all other jurisdictions lawfully joining the agreement in a form as provided for as I~··

follows:

ARTICLE I

Policy and Purpose

The oarty states recognize that protection o( the health and safety of citizens

and the environment, and the most economical transnortation of radioactive materials,

can be accomplished through cooperation and coordination among neighboring states.

It is the purpose of this agreement to establish a committee comprised of representatives from each party state to further

cooperation between the states on emergency

response and to coordinate activities by the

states to eliminate unnecessary duplication

of rules and regulations regarding the transportation and handling of radioactive material.

The ?arty states intend that this agreement facilitate both interstate commerce and

protection of public health and the environment. To accomplish this goal. the Part':'

states direct the committee to develoo model

regulatory standards for party states to act

unon and direct the committee to coordinate

decisions by party states relating to the

routing and inspection of shipments of radio- .active material.

36-627
466.450 PUBLIC HEALTH AND SAFETY

36-628

I .

ARTICLE II

Definitions

As used in this agreement:

(1) "Carrier" includes common, private,

and contract carriers.

(2) "Hazardous material" means a substance or material which has been determined by the United States Department of

Transportation to be capable of posing an

unreasonable risk to health, safety, and

property when transported in commerce, and

which has been so designated.

(3) "Radioactive material" has the meaning given that term in federal Department of

Transportation regulations found in 49 C.F.R.

Sec. 173, and includes, but is not limited to,

high-level radioactive waste, low-level radioactive waste, and spent nuclear fuel, as defined in section 2 of the Nuclear Waste

Policy Act of· 1983 (96 Stat. 2202, 42 U.S.C.A.

Sec. 10101).

(4) "Transportation" means the transport

by any means of radioactive material destined for or derived from any location, and

any loading, unloading, or storage incident

to such transport. "Transportation" does not

include permanent storage or disposal of the

material.

ARTI~m

Regulatory Practices

(1) The party states agree to develop

model standards, not in conflict with federal

law or regulations, for carriers of radioactive.

material to provide information regarding:

(a) The amount and kind of material

transported;

(b) The mode of transportation and, to

the extent feasible, the route or routes and

the time schedule;

(c) The carrier's compliance with local,

state, and federal rules and regulations related to radioactive material transportation;

(d) The carrier's compliance with federal

and state liability insurance requirements.

. (2) Consistent with federal law or regulations pertaining to transportation of radioactive material, the party states also agree'

to:

(a) Develop model uniform procedures for

issuing permits to carriers;

(b) Develop model uniform record keeping processes that allow access on demand

by each state;

(c) Develop model uniform safety standards for carriers;

(d) Coordinate routing of shipments of

radioactive materials; .

(e) Develop a method for coordinating the

Part-I states' emergency response plans to

provide for regional emergency response including: .'

(A) Systems for sharing information essential to radiation control efforts; -

(B) Systems for sharing emergency response personnel; and

(C) A method to allocate costs and clarify

liability when a party state or its officers

request or render emergency response;

(f) Recommend parking requirements for

motor vehicles transporting radioactive materials; . .

(g) Coordinate state inspections of carriers; and . .

(h) Develop other cooperative arrangements and agreements to enhance safety.

(3) The. party states also agree to coordinate emergency response training and

preparedness drills among the party states;

Indian tribes, and affected' 'political subdivisions of the party states, and, if possible,

with federal agencies.

(4) The party states recognize that the

transportation management of hazardous materials is similar in many respects to that of

radioactive materials. The party states,

therefore, agree to confer as to transporta- tion management and emergency response

for those items where similarities in management exist.

ARTICLE IV

Pacific States Radioactive

Materials Transportation Committee

(1) Each party state shall designate one

official of that state to confer with appropriate legislative committees and with other officials of that state responsible for managing

transportation of radioactive material and

with: affected Indian tribes and be responsible

for administration of this agreement. The

officials so designated shall together comprise the Pacific States Radioactive Materials Transportation Committee. The

committee shall meet as required to consider

and, where necessary, coordinate matters addressed in this agreement. The parties shall

inform the committee of existing regulations

concerning radioactive materials transportation management in their states, and shall

afford all parties a reasonable opportunity to

review and comment upon any proposed

modifications. in such regulations.

(2) The committee may also engage in

long-term planning to assure sa.fe and economical management of radioactive material

transportation on a continuing basis.

(3) To the extent practicable, the committee shall coordinate its activities with

those of other organizations.

o

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HAZARDOUS WASTE AND HAZARDOUS MATERIALS II

•

•

•

ARTICLE V

Eligible Parties and Effective Date

(1) The states of Arizona, Caliiornia,

Colorado, Idaho, Montana, New Mexico,

Nevada, Oregon, Utah, Washington, and

Wyoming are eligible to become a party to

this agreement. As to any eligible party, this

agreement shall become effective upon

enactment into law by that party, but it shall

not become initially effective until enacted

into law by two states. A:rJ.y party state may

withdraw from this agreement by enacting a

statute repealing its approval

(2) After the agreement has initially taken effect under subsection (1) of this article, any eligible party state may become a

party to this agreement by the execution of

an executive order by the governor of the

state..Any state which becomes a. party in

this manne.x: shall cease~ to be a pa.:rty upon the final adjournment or the next general or

regular session of its legislature or July 1,

1988, whichever cccurs first, unless the

agreement has by then been enacted as a

statute by that state.

ARTICLE VI - Severability

If any provision of this agreement, or its

apolication to any. person or circumstance, is

held to be invalid. an other provisions of this

agreement, and the application of all of its

provisions to all other persons and circumstances, shall remain valid; and to this end

the provisions of this agreement are

severable. (1987 c..S6 §lJ

Note: 466.450 to 466.460 were enacted into law by

the Legislative Assembly but were !lot added. to or :nade a part oi ORS chapter 466 or any series therein by legislative action. See Preface to Oregon Revised Statutes

(or (urther explanation.

466.455 Governor to designate member. The Governor shall designate an official

to serve as a member of the Pacific States

Radioactive Materials Transportation Committee created under Article IV of. the

ffeement. set forth in ORS 466.450. (1987 c.S6

Note: See l10te under 466.450.

466.460 Confederated Tribes of the

Umatilla Indian Reserv.rtion to be consulted. (1) The State of Cregon recognizes:

(a) The Confederate:i Tribes or the

Umatilla Indian Reservation have been

granted a special status as an affected tribe

under the Nuclear Waste Policy Act, Public

Law 97-425; and

(b) A large majority of radioactive material transported to and from the Hanford

Nuclear Reservation in the State. of

Washington, passes. through the center of the

Umatilla Tribe's reservation.

466.515

(2) Therefore, the official designated by

the Governor under ORS 466.455 to represent

the State of Oregon on the Pacific States

Radioactive Materials Transportation Committee shall consult regularly with officials

of the Confederated Tribes of the Umatilla

Indian Reservation on transportation matters

and shall consider, to the extent practicable,

the suggestions of the Confederated Tribes

of the Umatilla Indian Reservation related to

the development of model standards and procedures. (1987 c.S6 §3]

Note: See !lata under 466.450.

USE OF PCB

466.505 Definitions for ORS 466.505 to

466.530• .As used in ORS 466.505 to 466.530:

(1) "PCB" means the class of chlorinated

biphenyl, terohenyl, higher polyphenyl, or

mixtures of fhese compounds, produced by

replacing two or more hydrogen atsms on

the biphenyl, terphenyl, or higher nolyphenyl

molecule with chlorine atoms. "PCB" does

not include chlorinated biphenyls,

terphenyls, higher polyp henyls, or mixtures

of these compoundS, that have functional

groups attached other than chlorine unless

that functional group on the chlorinated :

biphenyls, terphenyls, hig-her polyphenyls, or

mixtures thereof of these compounds, is determined to be dangerous to the public

health under GRS 466.525.

(2) "P-pm" means parts per million.

(Formerly 468-000j

466.510 Sale of items containing concentrations of PCB prohibited; exceptions. (1) Excent as provided in ORS

466.515, be~g January 1, 1980, a person

shall not Sell, manufacture for sale, or use in

this state an item, product or material if the

item, oroduct or material contains a concentration of PCB equal to or greater than 100

ppm.

(2) The commission by rule may prescribe

a lower maximum concentration of PCB for

s-pecific items; products or materials if it

finds the 100 ppm concentration specified in

subsection (1) of this section to be inadequate to protect the 2ublic health from the

toxic dangers of the PCB contained in that

item, oroduct or material. However, an item,

tlroduct or material for which a lower maximum concentration of PCB is prescribed by

federal law, rule or regulation shall not be

allowed a concentration of PCB higher than

that federal maximum. (Formerly 468-003J

466.515 Electric transformers or

capacitors exempted. Notwithstanding ORS

466.510:

(1) PCB or an item, product or material

containing PCB may be sold for use or used

in this state if it is used in a closed system

,,',

36-629
466.520 PUBLIC HEALTH AND SAFETY

as a dielectric fluid for an electric transformer or capacitor pursuant to rules of the

commission to insure the public health.

However, upon adequate documentation of

the availability of reasonable substitutes

which meet performance standards and environmental acceptability, the commission after public hearing by rule may modify these

exclusions in whole or in part by requiring

the phasing in of the substitute or substitutes.

(2) An item, product or material containing PCB may be manufactured for sale, sold

for use or used in this state pursuant to an

exemntion certificate issued by the department"under ORS 466.520. (Formerly 468.9061

466.520 Exemption certificates; applications; conditions. (1) A person may make

written anolication to the department for an

exemntiori . certificate on forms provided .by

the department. The department may require

additional information or materials to accompany the application as it considers necessary for an accurate evaluation of the

application.

(2) The department shall grant an exemption for residual amounts of PCB remaining in electric transformer cores after

the PCB in a transformer is drained and the

transformer is filled with a substitute approved under ORS 466.515. ,

(3) .The department may grant an exemption for an item, product or material

manufactured for sale, sold for use, or used

by the person if the item, product or material

contains incidental concentrations of PCB.

(4) In granting a certificate of exemption"

the department shall impose conditions on

the exemption in order that the exemption

covers only incidental concentrations of

PCB.

(5) As used in this section, "incidental

concentrations of PCB" means concentrations of PCB which are beyond the control of the person and which are not the

result of the person having:

(a) Exposed the item. product or material

to concentrations of PCB.

(b) Failed to take reasonable measures to

rid the item, '2,roduct or material of concentrations of PCB.

(c) Failed to use a reasonable substitute

for the item, product or material for which

the exemntion ...is sought. (Formerly 468.9091 . 466.525 Additional PCB compounds

may be prohibited. The commission after

hearing by rule may include .as a PCB and

regulate accordingly any chlorinated

biphenyls, terphenyls, higher polyphenyls, or

mixtures of these comoounds that have functional groups attached other than chlorine if

that functional group on the chlorinated

biphenyls, terphenyls, higher polyphenyls, or

mixtures of these compounds is found to

constitute a danger to public health. (Formerly

468.9121

466.530 Prohibited disposal of waste

containing PCB. After October 4, 1977,a

person shan not dispose of solid or liquid

waste resulting from the use of PCB or an

item, product or material containing or

which has contained a concentration equal

to or greater than 100 ppm of PCB except in

conformity With rules of the commission

adopted pursuant to ORS 466.005 to 466.385

and 466.890. (Formerly 408.921]

406.540 (1987 <:.539 452: 1987 e.73S 41; 1989 e.171 §60;

renumbered 465.200 in 1989]

468.547 (1987 e.735 §2; renumbered 465.205 in 1989]

466.550 (1987 e.735 §3; ren~ 465.210 in 19891

466..?53 (1987 e.735 §4; renumbered 465.400 in 1989J

466.555 (1987 e.735 §5; renumbered 465.420 in 19891

~""7 (1987 e.735 S6; 1989 e.4S5 §1; renumbered

465.215 in 19891

466.560 (1987 <:'735 §i; 1989 e.485 §9; renumbered

465.220 in 1989J

'466.SS3 (1987 e.73S §8; 1989 e.485 §10; renumbered

465.245 in 19891

466.565 (1987 e.735 §9; renumbered 465.250 in 1989J

4$1.561 (1987 e.735 §10; renumbered 465.255 in 1989]

466.570 (1987 e.73S §11; renumbered 465.250 in 1989]

46&S73 (1987 e.735 §12; renumbered 465.315 in 19891

466.57S (1987 e.73S §13; renumbered 465.320 in 1989J

466.;)47 (1987 e.735 §14; renumbered 465.325 in 1989J

466.SSO (1987 e.735 915; renumbered 465.330 in 19891

466.583 (1987 e.735 §16; renumbered 465.335 in 19891

466.S8S (1987 e.735 §17; renumbered 465.340 in 19891

466.5S7 (1987 e.735 91S; lSl89 e.485 §11; renumbered

465.375 in 1989]

(1987 e.735 §19; 1989 e.B33 §113; 1989 c.966

§53; renumbered 465.380 in 1989]

SPn.L RESPONSE AND CLEANUP OF

HAZARDOUS MATERIALS

466.605 Definitions for ons 466.605 to

466.680" As used in ORS 466.605 to 466.680

and 466.880 (3) and (4): .

(1) "Barrel" means 42 U.S. gallons at 60

'degrees Fahrenheit.

(2) "Cleanup" mew the containment.

collection, removal, treatment or disposal of

oil or hazardous material; site restoration;

and any investigations, monitoring, surveys,

testing and other information gathering required or conducted by the department.

(3) "Cleanup costs" means all costs associated with the cleanuo of a snill or release

incurred by the state, its political subdivision

or any person with written approval from the

department when implementing ORS 466.205,

466.605 to 466.680, 466.880 (3) and (4) and

466.995 (3) or 468B.320.

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36-630
HAZARDOUS WASTE Ai'ID HAZARDOUS MATERIALS II

•

•

•

(4) "Commission" means the Environmental Quality Commission.

(5) "Department" means the Departinent

of Environmental Quality.

(6) "Director" means the Director of the

Department of Environmental Quality.

(7) "Hazardous material" means one of

the following:

(a) A material designated by the commission under ORS 466.630.

(b) Hazardous waste as defined in ORS

466.005.

(c) Radioactive waste as defined in ORS

469.300, radioactive material identified by the

Energy Facility Siting Council under ORS

469.605 and radioactive substances as defined

in ORS 453.005.

(d) Communicable disease agents as regulated by the Health Division under ORS

chapter 431 and ORS 431.175, 433.010 to

433.045 and 433.106 to 433.990. .

(e) Hazardous substances designated by

the United States Environmental Protection

Agency under_section 311 of the Federal

Water Pollution Control Act, P.L. 92·500, as

amended.

(8) "Oils" or "oil" includes gasoline,

crude oil, fuel oil, diesel oil, lubricating oil,

sludge•. oil refuse and any other petroleum

related product. .

(9) "Person" means an individual, trust,

firm, joint stock company, corporation, partnership, association, municipal corporation,

political subdivision, interstate body, the

state and any agency or commission thereof

and the Federal Government and any agency

thereof.

(10) "Reportable quantity" means one of

the following:

(a) A quantity designated by the commission under ORS 466.625.

(b) The lesser of: .

(A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to

section 311 of the Federal Water Pollution

Control Act, P.L. 92-500, as amended;

(B) The quantity designated for hazardous waste under ORS 466.005 to 466.385,

466.880 (1) and (2), 466.890 and 466.995 (1)

and (2);

(C) .A.ny quantity of radioactive material,

radioactive substance or radioactive waste;

CD) If spilled into waters of the state, or

escape into"waters of the state is likely, any

quantity of oil that would produce a visible

oily slick, oily solids, or coat aquatic life,

habitat or property with oil, but excluding

466.610

normal discharges from properly operating

marine engines; or

(E) If spilled on land, any quantity of oil

over one barrel.

(c) Ten pounds unless otherwise designated by the commission under ORS 466.625.

(Ii) "Respond" or "response" means:

(a) Actions taken to monitor, assess and

evaluate a spill or release or threatened spill

or release of oil or hazardous material;

(b) First aid, rescue or medical services,

and fire suppression; or

(c) Containment or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or

the environment which may result from a

snill or release or tnreatened spill or release

if action is not taken. . .

(12) "Spill or release" means the discharge, deposit, injection, dumping, spilling,

emitting, releasing, leaking or placing of any

oil or hazardous material into the air or into

or on any land or waters of the state,-as-de--

fined in ORS 468B.005, except as authorized

by a permit issued under ORS chapter 454•.

459, 459A, 468, 468A, 468B or 469, ORS.

466.005 to 466.385, 466.880 (1) and (2), 466.890

and 466.995 (1) and (2) or federal law or

while being stored or used for its intended

purpose. .

(13) "Threatened spill or release" means

oil or hazardous material is likely to escape

or be carried into the air or into or on any

land or waters of the state. (1985 e.733 §1; 1987

e.735 §26; 1989 e.S §14)

466.610 Department authority relating

to cleanup of oil or hazardous materiaL

Subject to policy direction by the commission, the department may:

(1) Conduct and prepare independently or

in cooperation with others, studies, investigations, research and programs pertaining to

the containment, collection, removal or

cleanup of oil and.hazardous material.

(2) Advise, consult, participate and cooperate with other agencies of the state, polio

tical subdivisions, other states or the Federal

Government, in respect to any proceedings

and .all matters pertaining to responses, remedial actions or cleanuo of oil and hazardous material and financmg of cleanup costs,

including radioactive waste, materials and.

substances otherwise subject to ORS chapters 453 and 469.

(3) Employ personnel, including specialists, consultants and hearing officers, pur-·

chase materials and supplies and enter into

contracts with public and private parties

necessary to carry out the provisions of ORS

36-631
466.615 PUBLIC HEALTH AND SAFETY

466.605 to 466.680, 466.880 (3) and (4) and

466.995 (3).

(4) Conduct and supervise educational

progra:ns about oil and hazardC?us. material,

including the preparation and distribution of

.information regaiding the containment, col- .

lection, removal or cleanup of oil and haze

ardous material.

(5) Provide advisory technical consultation and services to units of local government and to state agencies.

(6) Develop and conduct demonstration

programs in cooperation with units of local

government. .

(7) Perform all other acts necessary to

carry out the duties, powers and responsibilities of the deoartment under ORS 466.605 to

466.680, 466.880 (3) and (4) and 466.995 (;3).

[1985 c.733 §21

466.615 Limit on commission and department authority over radioactive substances. Nothing in ORS 466.605 to 466.680,

466.880 (3) and (4) and 466.995 (3) is intended

to 'grant the Environmental Quality Commission or the Department of Environmental

Quality authority over any radioactive substance regulated by the Health Division under . ORS chaoter 453, or any radioactive

material or \vaste re~ted by the Department of Energy or ~nergy Facility Siting

Council under ORS chapter 469. (1985 c.733 §31

466.620 Emergency response plan. In

accordance with the applicable provisions of

ORS 183.310 to 183.550, the Environmental

Quality Commission shall adopt an oil and

hazardous material emergency response master plan consistent with the plan adopted by

the Interagency Hazard Communications

Council pursuant to the provisions of ORS

453.317 (1) to (6), 453.510, 453.825 and 453.835, .and after consultation with the Interagency

Hazard Communications Council. the Oregon

State Police, the Oregon Fire Chiefs Association and any. other appropriate. agency or

organization. (1985 c.733 §4; 1989 c.833 ~921

466.625 Rulemaking. In accordance with

applicable provisions of ORS 183.310 to

183.550, the commission may adopt rules including but not limited to:

(1) Provisions to establish that quantity

of oil or hazardous material spilled" or released which shall be. reported under ORS

466.635. The commission may determine that

one single quantity shall be the reportable quantity for any oil or hazardous material,

regardless of the medium into which the oil

or hazardous material is spilled or released.

(2) Establishing procedures for the issuance, modification and termination of permits. orders, collection of recoverable costs

and filing of notifications.

(3) Any other prevision consistent with

the provisions of ORS 401.025, 466.605 to

466.680, 466.880 (3) and (4), 466.995 (3) and

468.070 that the commission considers necessary to carry out ORS 401.025, 466.605 to

466.680, 466.880 (3) and (4), 466.995 (3) and

468.070. (1985 c.733 §5]

466.630 Commission designation of

substance as hazardous material. (1) By

rule, the. commission may designate as a

hazardous material any element, compound,

mixture, solution or substance which when

spilled or released into the air or into or on

any land or waters of the state may present

a substantial danger to the public health,

safety, welfare or the environment.

(2) Before designating a substance. as

hazardous material, the commission must

find that the hazardous material, because. of

its quantity, concentration or physical or

chemical characteristics may pose a present

or future hazard to human health, safety,

welfare or the environment when spilled or

released. (1985 c.733 §6]

466.635 Report of spill or release of

reportable quantity of hazardous material. AIJ.y person owning or having control

over any oil or hazardous material who· has

knowledge of a spill or release shall immediately notify. the Emergency Management

Division as soon as that ~erson knows the

spill or release is a reportaole quantity. (1985

c.'l33 §71 .

466.640 Strict liability for spill or release; exceptions. AJ:J.y person owning or

having control over any oil or hazardous

material spilled or released or threatening to

spill or release shall be strictly liable without regard to fault for the spill. or release or

threatened spill or release. However, in any

action to recover damages, the person shall

be relieved from strict liability without regard to.fault if the person can prove that the

spill or release of oil or hazaidous material

was caused by:

(1) An act of war or sabotage or an act

of God.

(2) Negligence on the part of the United

States Government or the State of Oregon.

(3) An act or omission of a third party

without regard to whether any such act or

omission was or was not negligent. (1985 c.7'33

§Sl .

466.645 Cleanup; failure to complete

cleanup. (1) _A.J:ly person liable for a spill or

release or threatened spill or release under

ORS 466.640 shall immediately clean up the

spill or release under th.e direction o~~ the

deuartment, AI1y person liable for a spill or

reiease or a threatened spill or release shall

immediately initiate cleanuo, whether or not

the department has directed: the cleanup. The

o

o

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36-632
HAZARDOUS WASTE AND HAZARDOUS MATERIALS n

•

•

•

decartment may require the responsible person to undertake such investigations, monitoring, surveys, testing and other information

gathering as the department considers, necessary or appropriate to:

(a) Identify the existence and extent of

the spill or release;

(b) Identify the source and nature of oil

or hazardous material involved; and

(c) Evaluate the extent of danger to the

public health, safety, welfare or the environment.

(2) If any person liable. under ORS

466.640 does not unmediately commence and

promptly and adequately complete the

cleanup, the department may clean up, or

contract for the cleanup of the spill or release or the threatened spill or release.

(3) Whenever the -department is authorized to act under subsection (2) of this section, the department directly or by contract

may undertake such investigations, monitoring, surveys, testing and other information

gathering as it may deem approcriate to

identify the existence and extant atthe spill

or release, "the source and nature of oil or

hazardous material involved and the extent

of danger to the public health, safety, welfare

or the environment. In addition, the department directly' or by contract may undertake

such planning, fiscal, economic, engineering

and other studies and investigations it may

deem appropriate to clan and direct clean up

actions, to recover the costs thereof and legal costs and to enforce the provisions of

ORS 466.605 to 466.680. (1985 c.733 §9; 1987 c.158

§89; 1991 c.6S0 §5]

466.650 (1985 c.733 HO; repealed by 1987 c..~5 §21]

466.653 (1987 c.539 §42; rq:lealed. by 1989 c..833§175]

4S6.6S5 (1985 c..733 §ll; repealed by 1987 c..~5 §271

466.S6O (1985 e,733 §12; 1987 c.l58 §90; repealed by

1989 c.B33 §175]

468.665 (1985 c..733 §13; 1987 c..l58 §91; repealed. by

1989 c..B33 §175]

466.670 Oil and Hazardous Material

Emergency Response and Remedial

Action Fund. (1) The Oil and Hazardous

Material Emergency Response and 'Remedial

Action Fund is established secarate and distinct from the General Funa in the State

Treasury. Interest earned on the fund shall

be credited to the fund. Moneys received by the Department of Environmental Quality for

the purpose of oil or hazardous material

emergency response or remedial action shall

be paid into the State Treasury and credited

to the fund. .

(2) The State Treasurer shall invest and

reinvest moneys in the Oil and Hazardous

Material Emergency Response and Remedial

Action Fund in the manner provided by law.

466.680

(3) The moneys in the Oil and Hazardous

Material Emergency Response and Remedial

Action Fund are apcropriated continuously

to the Department of Environmental Quality

to be used in the manner described in ORS

466.675. (1985 c..733 §14: 1989 c.B33 §93; 1989 c..966 §541

466.675 Use of moneys in Oil and Hazardous Material Emergency Response

and Remedial Action Fund. Moneys in the

Oil and Hazardous Material Emergency Response and Remedial Action Fund may be

used by the Department of Environmental

Quality for the following purposes:

(1) Funding _actions and activities authorized by ORS 466.645, 466.205, 468B.320

and 468B.330.

(2) Providing for the general administration of ORS 466.605 to 466.680 including

the payment of ·personnel costs of the department or any other state agency related

to the enforcement of ORS 466.605 to' 466.680.

(1985 c..733 §1S; 1987 c.1SS §92; 1989 c.833 §941

466.680 Responsibility for expenses of

cleanup; record; damages; order; appeal.

(1) If a person required to clean up oil or

hazardous material under ORS 466.645 fails

or refuses to do so, the person shall be responsible for the reasonable expenses incurred by the department in carrying out

ORS 466.645.

(2) The department shall keep a record

of all expenses incurred in carrying out any

cleanup projects or activities authorized un-.

der ORS 466.645, including charges for ser-::

vices performed and the state/s equipment

and materials utilized.

(3) Any person who does not make a good

faith effort to clean up oil or hazardous material when obligated to do so under ORS

466.645 shall be liable to the department for

damages not to exceed three times the

amount of all expenses incurred by the department.

. (4) Based on the record compiled by the

department under subsection (2) of this section, the commission shall i:nake a finding

and enter an order against the person described in subsection (1) or (3) of this section

for the amount of damages, not to exceed

treble damages, and the expenses incurred by

the state in caI'Ij7ing out the action authorized by this section. The order may be ap- pealed in the manner provided for appeal of

a contested case order under ORS 183.310 to

183.550.

(5) If the amount of state incurred' expenses and damages under this section are

not paid by the resoonsible person to the depa..rtment within ·15' days ai€e:;- receipt of .notice that such expenses are aue and owing,

or. if an appeal is filed within. ~15 days ~er

the court renders its decision u the cecisron

36-633
466.706 PU13LIC HEALTH A1'ID SAFETY

affirms the order, the Attorney General, at

the request of the director, shall bring

action in the name of the State of Oregon III

a court of competent jurisdiction to recover

the amount specified in the notice of the director. (1985 c.733 §161

4S6.S8S (1985 c.733 §19; repealed by 1987 c.735 §271

466.690 (1985 c.733 §ZO; repealed by 1987 c.735 §271

UND·ERGROUND STORAGE TANKS

(General Provisions)·

466.70S [1987 c.539 §2 (enacted in lieu of 468.9(1);

1989 c:.926 Hl; 1989 Colon §§20, 25; l'ellwed by 1991 c.S63

§11 (466.106 enacted. in lieu of 466.105)1

466.706 Definitions for OBS 466.706 to

466.835 and 466.895. As used in ORS 466.706

to 466.835 and 466.895:

(1) "Commercial lending institution"

means any bank, mortgage banking company,

trust company, stock savings bank, savings

and loan association, credit union, national

banking association, federal savings and loan

association, cooperative financial institution

regulated by an agency of the Federal Government or this state or federal credit union

maintai.ning an office in this state,

(2) "Commission" means the Environmental Quality Commission.

(3) "Corrective action" means remedial

action taken to protect the present or future

public health, saiety, welfare or the environment from a release of a regulated substance.

"Corrective action" includes but is not limited to:

(a) The prevention,· elimination, removal,

abatement, control, minimization, investigation, assessment, evaluation or monitoring

of a hazard or potential hazard or threat, including migration of a regulated substance;

or

(b) Transportation, storage, treatment or

disposal of a regulated substance or contaminated material from a site.

(4) "Decommission" means to remove

from operation an underground storage tank,

including' temporary or permanent removal

from operation, abandonment in place or removal from the ground.

(5) "Department'" means the Depar:t;ment of Environmental Quality.

(6) "Facility" means anyone or combination of underground storage tanks and

underground pipes connected to the tanks,

used to contain an accumulation of motor

fuel, including gasoline or diesel oil, that are

located at one contiguous geographical site.

(7) "Fee" means a fixed charge or service

charge. '

(8) "Guarantor" means any person other

than the permittee who by guaranty, insurance, letter of credit or other acceptable de-:

vice, provides financial responsibility for an

underground storage tank as required under

ORS 466.815.

(9) "Heating oil tank" has the meaning

given that term in ORS 469.228.

(10). "Investigation" means monitoring,

surveying, testing or other information gathering.

(11) "Local unit of government" means a

city, county, special service district, metropolitan service district created under ORS

chapter 268 or a political subdivision of the

state.

.(12) "Oil" means gasoline, crude oil, fuel

oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product

or fraction thereof that is' iiquid at a temperature of 60 degrees Fahrenheit and a

pressure of 14.7 pounds per square inch absolute.

(13) "Owner" means the owner of an

underground storage tank.

(14) "Permittee" means the owner or a

person designated by the owner who is in

control of or has responsibility for the daily

operation or maintenance of underground

storage tank under a permlt ISsued pursuant

to ORS 466.760.

(15) "Person" means an individual, trust,

firm, joint stock company, corporation, Pari:-

nership, joint venture, consortium, aSSOClation, state, municipality, commission,

political subdivision of a state or any interstate body, any commercial entity or the

Federal Government or any agency of the

Federal Governmen~

(16) "Regulated substance" means:

(a) A:rJ.y substance listed by the United

States Environmental Protection Agency in

40 CFR Table 302.4 pursuant to the Comprehensive Environmental. Response, Compensation and Liability Act of 1980 as amended

(P.L. 96-510 and P.L. 98-80), but not including

any substance re2Ulated as a hazardous.

waste under 40 CFii Part 261 and OAR 340

Division 101;

(b) Oil; or

(c) A:rJ.y other substance designated by

the. commission under ORS 466.630.

(17) "Release" means the discharge, deposit, injection, dumping, spilling, emitting,.

leaking or placing of a regulated substance

from an underground storage tank mto. the

air or into or on land or the waters or the

state, other than as authorized by a permit . issued under state or federal law.

(18) "Stage I vapor collection. system"

means a system where gasoline vapors are forced from a tank into a vapor-tight holding

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36-634
HAZARDOUS WASTE AJ.'ID HAZARDOUS MATERIALS II

•

•

•

system or vapor control system through direct displacement by the gasoline .being

loaded.

(19) "Stage II vapor collection system"

means a system where at least 90 percent,

by weight, of the gasoline vapors that are

displaced or drawn from a vehicle fuel tank

during refueling are transferred to a vaportight holding system 'or vapor control system.

(20) "Underground storage tank" means

anyone or combination of tanks and underground pipes ccnnected to the tank, used to

contain an accumulation of a regulated substance, and the volume of which, including

the volume of the underground pipes connected to the tank, is 10 percent or more

.beneath the surface of the ground.

(21) "Waters of the state" has the meaning given that term in ORS 468B.005. (1991

c.sE3 ~12 (enacted in lieu of 466.705)] •

466.710 Application of ORS 466.706 to

466.835. ORS 466.706 to 466.835 and 466.895

shall not apply to a:

(1) Farm or residential tank of 1,100 gal- lons or less capacity used for storing motor

fuel for noncommercial purposes.

(2) Tank USed for storing heating oil for

consumptive use on the premises where

stored. .

(3) Septic tank.

. (4) Pipeline facility including gathering

lines regulated: .

. (a) Under the Natural Gas Pipeline

Safety Act of 1968 (49 U.S.C. 1671); -

(b) Under the Hazardous Liquid Pipeline

Safety Act of 1979 (49 U.S.C. 2001); or .

(c) As an intrastate oipeline facility under state laws comnarahle to the provisions of law referred to m. paragraph (a) or (b) of

this subsection.

(5) Surface impoundment, pit, pond or

lagoon.

(6) Storm water or waste water collection

system. .

(7) Flow-through process tank.

(8) Liquid trap or associated gathering

lines directly related to oil or gas production and gathering operations.

(9) Storage tank situated in an underground area if the storage tank is situated

upon or above the surface of a floor. As used

in this subsection, "underground area" includes but is not limited to a basement, cellar, mine, drift, shaft or tunneL

(10) Pipe connected to any tank described

in subsections (1) to (8) of this section,

[Formerly 468.911; 1987 ~39 §18j

466.715 Legislative- findings. (1) The

Legislative Assembly finds that:

466.715

(a) Rezulated substances hazardous to

the public health, safety. welfare and the environment are stored in underground tanks

in this state;

(b) Underground tanks used for the storage of regulated substances are potential

sources of contamination of the environment

and may pose dangers to ~e public health,

safety, welfare and the environment;

(c) Recently, the Federal Government

enacted technical and financial responsibility

rules for underground storage tanka containing motor fuel that imoose -si~cant compliance costs on many Oregon businesses;

(d) For many small businesses, affordable

insurance currently is not available to enable

these businesses to comply with the federal

financial responsibility rUles;

(e) To insure van adequate ··supply of

competitively priced motor fuel throughout

the state, to' sustain and support economic

development and to protect Oregon's growing

tourism industry, it is in the public interest

to provide financially assistance to Ore&,on's

businesses to comply with the new federal

underground storage tank rules; and

(f) To encourage private insurance carriers to reenter, or create, an underground

storage tank insurance market, it is in the

public interest to upgrade or replace existing

underground storage tanks with equipment

that comnlies with new federal technical

rules. .

(2) Therefore, the Legislative Assembly

declares:

(a) It is the public oolicy of this state to

protect the public health, safety, welfare and

the environment from the potential harmful

effects of underground tanks used to store

regulated substances.

(b) It is the purpose of ORS 466.706 to

466.835 and 466.895 to enable the Environmental Quality Commission to adopt a statewide program for the prevention and

reporting of releases and for takin~ corrective action to protect the public ana the environment from releases from underground

storage tanks. (1987 c:.S39 §4 (enacted in lieu of

46S.902l; ·1989 c.lOTI §21)

Note: The amendment:! to 466.TI5 by section 26.

challter 1071. Oregon LaW'S 1989. become ooerative Augus: 31. 1992. See section 52. chapter 1071. Oregon Laws

1989. The ten that i:l operative on and alter August 31.

1992. i:l set forth for the users cenvenienee,

468.715. (l) The Legislative AsSembly tincb that:

(a) Re~ted substaI1c:e5 h.azardaus to r.he public

health. !aiety, welfare and·the environment are scored

in l1I1derground t.anlu in this state; and

(b) Underiround t.a..aks used for the stera~e of regulated substances are potential so~ of eon~·

illation of the environment and may pose cangers co the

public' health. sa.fetY, welfare and r.he envirol1lXlent.

(2) Therefore, r.he Legislative ~embly declares;

36-635
466.720 PUBUC HEALTH AND SAFETY

(a) It is the public policy of this state to protect the

public health, safety, welfare and the environment from

the potential harmful effects of underground tanks used

to store regulated substances.

(b) It is the purpose of ORS 466.706 to 466.835 and

466.895 to enable the Environmental Quality Commis·

sion to adopt a statewide prognm for the prevention

and reporting of releases and for taking corrective

action to protect the public and the environment from

releases from underground storage tanks.

(Administration)

466.720 Statewide underground storage tank program; federal authorization.

(1) The Environmental Quality Commission

shall adopt a state-wide underground storage

tank program. Except as otherwise provided· in ORS 466.706 to 466.835 and 466.895, the

state-wide program shall establish uniform

orocedures and standards to protect the public health, safety, welfare and the environment from the conseauences of a release . from an underground storage tank.

(2) The commission' and the department

are authorized to perform or cause to be

performed any act necessary to gain interim

and final authorization of a state program for

the regulation of underground storage tanks

under the provisions &f Section 9004 of the

Federal Resource Conservation and Recovery

Act. PL. 94-580 as amended and PL. '98-616, . Section 205 of the federal Solid Waste Disposal Act, PL. 96-482 as amended and federal

regulations and interpretive and guidance

documents issued pursuant to PL. 94-580 as

amended, P L. 98-616 and P L. 96-482. The , commission may adopt, amend or repeal any

rule necessary to implement ORS 466.706 to . 466.835 and 466.895. (Subsection Cl) enacted as 1987

c.539 §6; subsection (2) formerly 468.9131

466.725 Limitation on local government regulation. (1) Except as provided in

ORS 466.730, a local unit of government may

not enact or enforce any ordinance, rule or

regulation .relating to the matters encompassed by the state program established under ORS 466.720.

(2) Any ordinance, rule or regulation enacted by a local unit of government of this

state that encompasses the same matters as

the state program' shall be unenforceable,

except for an ordinance, rule or regulation:

(a) That requires an owner or permittee

to report a release to the local unit of government; or

(b). Adopted by a local unit of government

operating an underground storage tank program pursuant to a contract entered into ac- cordin~ to the provisions of ORS 466.730. (19~7 Co:lJ9 §8 (enacted in lieu of 408.904)]

. 46~.730 Delegation of program adminIStration to state agency or local government by agreement. (1) The commission

may authorize the department to enter into

a contract or agreement with an agency of

this state or a local unit of government to

administer all or part of the underground

.storage tank program.

(2) Any agency of this state or any .local

unit of government that seeks to administer

an underground storage tank program under

this section shall submit to the department

a description, of the program the agency or

local unit of government proposes to administer in lieu of all or part of the state program. The program description shall include

at least the following:

(a) A description in narrative form of the

scope, structure, coverage and procedures of

the proposed program.

(b) A description, including organization

charts, of the crganizaticn sand structure or

the contracting state agency or local unit of

government that will have responsibility for

administering the program, including:

(A) The number of employees, occupation . and general duties of each employee who will

carry out the activities of the contract.

(B) An itemized estimate of the cost of

establishing and administering the program,

including the cost of personnel listed in subparagraph (A) of this paragraph and administrative and technical support. ..

(C) An itemization of 'the source and

amount of funding available to the contracting state agency or local unit of government

to meet the costs listed in subparagraph (B)

of this paragraph, including any restrictions

or limitations upon this funding.

(D) A description of applicable procedures, including permit procedures.

(E) Copies of the permit form, application

form and reporting form the state agency or

local unit of government intends to use in

the program.

(F) A complete description of the methods to be used to assure compliance and for

enforcement of the program.

(G) A description of the procedures to be

used to coordinate information with the department, including' the frequency of reporting and report content.

em A description of the procedures the

state agency or local unit of government will

use to comply with trade secret laws under

oss 468.910.

(3) AD.y program approved by the department under this section shall at all times be

conducted in accordance with the recuirements of oas 486.706 to 466.835 and 466.895.

(4) . AD. agency or local unit of government shall exercise the functions relating to

underground storage tanks authorized under

o

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36-636
"

HAZARDOUS WASTE AJ.'fD HAZARDOUS MATERIALS n 460.746

•

•

•

a contract or agreement entered into under

this section according to the authority vested

in the commission and the department under

ORS 466.706 to 466.835 and 466.895 insofar

as such authority is applicable to the per- .formance under the contract or agreement.

The agency or local unit of government shall

carry out these functions in the manner provided for the commission and the department

to carry out the same functicns. (1987 c.539 §9]

466.735 Cooperation with Building

Codes Agency and State Fire ·Marshal.

Nothing in ORS 466.706 to 466.835 and

466.895 is intended to interfere with, limit or

abridge the authority of the Building Codes

Agency or the State Fire Marshal. or any

other state agency or local unit of government relating to combustion and explosion

hazards, hazard communications or land use.

The complementary relationship between the

orotection of the public saiety from combustion and explosion hazards.. and _protection of the nuhlic health, saiety, welfare

and the environment from releases of regulated substances from underground storage

tanks is recognized. Therefore, the department shall work cooperatively with the

Building Codes Agency, the State Fire Marshal and local units of government in developing the rules and procedures necessary to

carry out the provisions of ORS 466.706 to

466,835 and 466.895. (1987 c.539 §lO]

460.740 Noncomplying installation

prohibited. No person shall install an

underground storage tank for the purpose of

storing regulated substances unless the tank

complies with the standards adopted under

ORS 466.746 and any other rule adopted under ORS 466.706 to 466.835 and 466.895. (1987

c.539 §ll]

466.745 (1987 c:.539 §13 (enacted in lieu of 408.908);

1989 c.1071 §§22, zt. 43a.; 43b. 29a; repealed by 1991 c.S63

§13 (466.746 enacted in lieu ot" 466.745J]

466.746 Commission rules; considerations. (1) The. commission may establish by

rule: .

(a) Performance standards, consistent

with standards adopted by the Federal Government, for leak detection systems, inventory control. tank testing or comparable

systems or programs designed to detect or

identify releases in a manner consistent with

the protection of public health, safety, welfare or the environment;

(b) Requirements for maintaining records

and, submitting information to the department in conjunction with a leak detection or

identification system or program used for

each underground storage tank;

(c) Performance standards for underground storage tanks including but not limited to design, retrofitting, construction,

installation, release detection and material

compatibility;

,(d) Requirements for the temporary or

permanent decommissioning of an underground' storage tank;

(e) Requirements for reporting a release

from an underground storage tank;

(f) Requirements for a permit issued under ORS 466.760; .

(g) Procedures that distributors of regulated substances and sellers of underground

storage tanks must follow to satisfy the requirements of ORS 466.760;

(h) Acceptable methods by' which an

owner or permittee may demonstrate financial responsibility for _responding to-the liability imposed under ORS 466.815;

en Procedures for the disbursement of

moneys collected under ORS 466.795;

G) Requirements for reporting corrective

action taken in response to a release;

(k) Requirements for taking corrective

action in response to a release;

(L) Requirements for soil assessment and

tank tightness tests which shall not be more

stringent soil assessment and tank ti~htness.

testing requirements than required by the

Federal Government; .

(m) Provisionanecessary to carry out the

underground stcraze tank loan guarantee

program authorized by section 4, chapter

1071, Oregon Laws 1989;, and '

(n) Any other rule necessary to carry out

the orovisions of ORS 466.706 to 466.835 and

466.895.

(2) So long as requirements are administered uniformly within each area or region of the state, the commission may adopt different requirements for different areas or regions of the state if the commission finds

either of the following:

(a) More stringent rules or standards are

necessary:

(A) To protect specific waters of the

state, a sale source or sensitive aquifer or

any other sensitive environmental amenity;

or

(B) Because conditions peculiar to that

area or re~on require different standards to

protect puolic health, sarety, welfare or the

environment.

(b) Less stringent rules or standards are:

(A) Wananted by physical conditions or

economic hardship;

(B) Consistent with the protection of the

public health, safety, welfare or the environment; and

",

36-637
466.750 PUBLIC HEALTH AND SAFETY "

36-638

(C) Not less stringent than minimum

federal requirements.

(3) The rules adopted by the commission

under subsection (1) of this section may distinguish between types, classes and ages of

underground storage tanks. In making such

distinctions, the commission may consider

the following factors: .

(a) Location of the tanks;

(b) Soil and climate conditions;

(c) Uses of the tanks;

(d) History of maintenance;

(e) Age of the tanks; . (f) Current industry recommended practices;

(g) National consensus codes;

(h) Hydrogeology;

(i) Water table;

G) Size of the tanks;

(k) Quantity of regulated substances periodically deposited in or dispensed from the

tank;

(L) The technical ability of the owner or

permittee; and

(m) The compatibility of the regulated

substance and ilie materials of which the

tank is fabricated.

(4) In adopting rules under subsection (1)

of this section, the commission shall consider

all relevant federal standards and regulations

on underground storage tanks. If the commission adopts any standard or rule that is

different than a federal standard or regulation on the same subject, the reoort submitted to the commission by the department

at the time the commission adopts the

standard or rule shall indicate clearly the

deviation from the federal sta:i:ldard or regulation and the reasons for the deviation. (1991

c.a63 §14 (enacted. in lieu of 466.745)]

. (Licenses; Permits)

466.750 License procedure for persons

servicing underground tanks. (1) In order

to safeguard the public health, safety and

welfare, to protect the state's natural. and

biological systems, to protect. the p-ublic from

unlaWful underground tank installation and

retrofit procedures, to assure the highest degree of leak prevention from underground

storage tanks and to insure the appropriate

cleanup of oil snills and releases, the commission may adopt a program to regulate

persons providing underground storage tank

installation and removal, retrofit, testing, inspection and remedial action services.

(2) A:J part of the program established

under subsection (1) of this section, the

commission also may regulate persons who

provide remedial action on heating oil tanks

covered under ORS 469.228 to ·469.298 and

469.991. As used in this section, "remedial

action" has the meaning given that term in

ORS 469.228.

(3) The program established under subsection (1) of this section may include a procedure to license persons who demonstrate,

to the satisfaction of the department, the

ability to service underground storage tanks

and heating oil tanks. This demonstration of

ability may consist of written or field examinations. The commission may establish different types of licenses for different types of

demonstrations, including but not limited to:

(a) Installation, removal, retrofit and inspection of underground storage tanks;

(b) Tank integrity testing;

(c) Installation of leak detection systems;

(d) Cleanup of soil contamination resulting from spills or releases of oil from underground storage tanks; and

(e) Cleanup of soil contamination resulting from the release of heating oil from

heating oil tanks under ORS 469.228 to

469.298 and 469.991.

.(4) The program adopted under subsection (1) of this section may allow the department after opoortunity for hearing under

the provisions of DRS 183.310 to 183.550, to

revoke a license of any person offe~~

underground storage tank or heating oil

services who commits fraud or deceit in obtaining a license or who demonstrates

negligence or incomoetence in performing

underground tank semces. .

(5) The program adooted under subsection (1) of this section shall:

(a) Provide that no person may offer to

perform or perform services for which a license is required under the program without

such license.

(b) Establish a schedule of fees for licensing under the program. The fees shall be

in an amount sufficient to cover the costs of

the department in administering the .program.

(6) The following persons shall aoply for

an underground storage tank permit frOm the

department:

(a) An owner of an underground storage

tank currently in operation;

(b) An owner of an underground storage

tank taken out of operation between January.

I, 1974, and the operative date of this section; and

. (c) ·An owner of an underground storage

tank that was taken out of operation before

January 1, 1974, but that still contains a

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HAZARDOUS WASTE AJ.'ID HAZARDOUS MATERIALS II

•

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•

re~lated substance. (1987 c.539 §§14, 15; 1989 c.926

§42J

466.760 When permit required; who

required to sign application. (1) No person

shall install, bring into operation; operate or

decommission an underground storage tank

without first obtaining a pennit from the department.

(2) No person shall deposit a regulated substance into an underground storage tank

unless the tank is operating under a permit

issued by the department.

(3) Any person who assumes. ownership

of an underground storage tank from a preVIOUS penmttee. must complete and return to

the department an application for a new per- mit before the person begins operation of the

underground storage tank under the new

ownership.

(4) Any person who deposits a regulated

substance into an underground. storage tank

or sells an underground storage tank shall

notify the owner or operator of the tank of

the permit requirements of this section.

(5) The following persons must sign an

application for a permit submitted to the department under this section or ORS 466.7,50

(6): .

(a) The owner of an underground storage

tank storing a regulated substance;

Cb)The owner of the real property in

which an underground storage tank is located; and

(c) The proposed permittee, if a person

other than the owner of the underzround

storage tank or the owner of the re~ nronerty. • .

(6) Before Seotember 1, 1992, the department shall not requir.e, as a condition of issuing a permit, an applicant; to provide

financial assurance pursuant to ORS 466.815.

(1987 c.539 §16; 1989 c.925 §43; 1989 c.l071 §23]

Note: The amendments to 466.760 by section 28,

chapter 1071. Oregon Laws 1989, became operative August 31. 1992. See secticn 52. chapter 1071. Oregon laws

1989. :t'he text that is operative on and after August 31.

1992, I.S set forth for the user's convenience.

466.760. (l) No person shall ilutall. bring into operation. operate or a.eeo~on an underground store a~e tank without first obtai.a.ing a pe.nmt from the

department.

(2) No person shall deposit a regulated substance

into an underground storage tank unless the tank is

operaemg under a permit issued by the department.

(3) .~y persen who assumes ownershio of an underground stora~e tank from a previoua permittee

must c.ampiete and return to the department an application for a new permit before the per.lon begins opere

ation of the underground storage tank under the llew

owuer.ship. .

(4) AzJ.y person who deoosits a regulated substance

into J..D. underground storage tank or sells an underground storage tank. shall notify the owner or ooerator

of the tank. at the permit requirements of this section.

466.770

(5) The following persons must sign an aoolication

for a pennit submitted to the deoaranent under this

section or ORS 466.750 (6): •

(a) The owner of an underground storage tank

staring a regulated substance;

(b) The owner of the real property in which an underground storage tank is located; and .

(c) The proposed permittee, if a per.lon other than

the owner of the underground storage tank or the owner of the real property.

466.765 Duty of owner or permittee of

underground storage tank. In addition to

any oilier duty imposed by law and pursuant

to rules adopted under ORS 466.706 to

466.835 and 466.895,. the owner or the

permittee of an underground storage tank

shall:

(1) Prevent releases;

(2) Install, operate and maintain underground storage tanks and leak detection devices and develop and maintain records in

connection therewith in accordance with

standards adopted and permits issued under

ORS 466.706 to 466.835 and 466.895;

(3) Furnish information to the department relating to underground storage tanks,

including information about tank equipment

and regulated substances stored in the tanks;

(4) Promptly report releases;

(5) Conduct monitoring and testing as

required by rules adopted under ORS 466.746

and permits issued under ORS 466.760;

(6) Permit department employees or a

duly authorized and identified reoresentative

of the deeartment at all reasonable times to

have access to and to copy ail records relating to underground storage tanks;

(7) Pay all costs of investigating, preventing, reporting and stopping a release;

(8) Decommission tanks. as required by

rules adopted under ORS 466.746 and permits

issued under ORS 466.760;

(9) Pay all fees;

(10) Conduct any corrective action required under ORS 466.810; and

(11) Perform any other requirement . adopted under ORS 465.200, 466.706 to

466.835, 466.895 and 478.308. (1987 c..539 §2O (enacted in lieu of 4S8.905)]

466.770 Corrective action required on

contaminated site. (1) If any owner or

permittee of a contaminated site fails without sufficient cause to conduct corrective

action under ORS 466.765, the depart:nent

may undertake any investigation or corrective action with respect to the contamination

on the site. .

. (2) The department shall keep a record

of all expenses incurred in carrying out any

corrective action authorized under subsection (1) of this section, including charges

',£

36-039
.466.775 PUBLIC HEALTH AJ.'ffi SAFETY

for services performed and the state's equipment and materials utilized.

(3) Any owner or permittee of a contaminated site who fails without sufficient cause

to conduct corrective action as required by

an order of the department under ORS

466.810 shall be liable to the department for

damages not to exceed three times the

amount of all expenses incurred by the department in carrying out the necessary corrective action.

(4) Based on the record compiled by the

department under subsection (2) of this section, the commission shall make a finding

and enter an order against the person described in subsection (1) or (3) of this section

for the amount of damages, not to exceed

treble damages, and the e.-roenses incurred by the state in carrying out the actions authorized by this section. The order may be appealed in the manner provided for appeal of'

a contested case order under ORS 183.310 to

183.550.

(5) If the amount of corrective action

costs incurred by the department and damages under this section are not paid by the

responsible person to the department within

15 days after receipt of..notice that such expenses are due and owing, or, if an appeal is

filed within 15 days after the court renders

its decision if the decision a:ffirms the order,

the Attorney General; at the' request of the

director, shall bring an action in the name

of the State of Oregon in a court of comnetent jurisdiction to recover the amount Stl'ecwed in the notice of the director. .

(6) Subsection (5) of this section shall not

apply if the department and the responsible

person are negotiating or have entered into

a settlement agreement, except that if the

responsible person fails to pay the corrective

action costs as provided in the negotiated

settlement the director may request the Attorney General to take action as set forth in

subsection (5) of this section.

. (7) All moneys received by the department under this section shall be paid into

the fund established in ORS 466.791.

(8) As used in this section:

(a) "Contamination" means any abandoning, spilling, releasing, leaking, disposing,

discharging, depositing, emitting, pumping,

pouring, emptying, injecting, escaping,

leaching, placing or dumping of a regulated

substance from an underground storage tank

into the air or on any lands or waters of the

state, so that such regulated substance may

enter the environment, be emitted into the

air or discharged into any waters. Such contamination authorized by and in comoliance

with a permit issued under ORS chapter 454,

459, 459A, 468, 468A. 468B, 469, ORS 466.005

to 466.385 or federal law shall not be considered as contamination under ORS 465.200,

466.706 to 466.835, 466.895 and 478.308. .

(b) "Site" means any area or land. (1987

c.539 §24)

466.775 Grotmds for refus~ modification, suspension or revocation of permit. (1) The department may refuse to issue, ~odify. suspend, revoke or refuse to renew a

permit if the department finds:

(a) A material misrepresentation or false

statement in the application for the permit;

(b) Failure to comply with the conditions

of the permit; or

(c) Violation of any applicable provision.

of ORS 466.706 to 466.835 and 466.895, any . applicable rule or standard adopted under'

ORS 466.706 to 466.835 and 466.895 or an order issued under ORS 466.706 to 466.835 and

466.895.

(2) The department may modify a permit

issued under ORS 466.760 if the department

finds, after notice and opportunity for hearing, that modification is necessary to protect

the public health, safety, welfare or the environment.

(3) The department shall modify, suspend.

revoke or refuse to issue or renew a permit

according to the provisions of ORS 183.310

to 183.550 for a contested case proceeding. (1987 c.539 §21)

466.780 Variance upon petition. (1)

Upon petition by the owner and the

permittee of an underground storage tank,

the commission may grant a variance from

the requirements of any rule or standard

adcnted under ORS 466.746 iithe commission

finas:

(a) The alternative proposed by the

petitioner provides protection to the public

health. safety, welfare and the environment.

equal to or greater than the rule or standard;

and

(b) The alternative prooosal is at least as

striIigent as any appliCable federal requirements.

(2) The commission may grant a variance

under subsection (1) of this section only if

the commission finds that strict compliance with the rule or standard is inappropriate

because:

(a) Conditions exist that are beyond the

control of the petitioner; or

(b) Special physical conditions or other

cir1:umstances render strict compliance unreasonable, burdensome or impracticable.

(3) The commission may delegate the authority to grant a variance to .the department.

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36-640
H.4.ZARDOUS WASTE Al'ID HAZARDOUS MATERIALS II

•

•

•

(4) Within 15 days after the department

denies a petition for a variance, the

petitioner may file with the commission a

request for review by the commission. The

commission shall review the petition for variance and the reasons for the department's

denial of the petition within 150 days after

the commission receives a request for review.

The commission may approve or deny the

variance or allow a variance on terms different than the terms proposed by .the

petitioner. If the commission fails to act on

a denied petition within the 150-day period

the variance shall be considered approved by the commission. (1987 ~39 §22]

(Finance)

466.785 Fees. (1) Fees may be required

of every permittee of an underground storage

tank. Fees shall be in an amount determined

by the commission to be adequate to carry

on the duties of the department or the duties

of a state agency or localunit of government

that has contracted with the denartment under ORS 466.730. Such fees shan not exceed

$25 per tank per year.

(2) Fees collected by the department under this section shall be deposited in the

State Treasury to the credit of an account

of the department. All fees paid to the department shall be continuously appropriated

to the department to carry out the provisions

of ORS 466.706 to 466.835 and 466.895. (1987 ~39 §§23, 50; 1989 e.S33 §157; 1989 c.935 H]

Note: Sections 44 and ,45, chapter 1071. Oregon

Laws 1989, provide:

See. 44. If the Supreme Court declares that

sections II to 19 of this Act imtlose a tax or excise

levied on, with respect to or measured by the extraction.

production, storage, use, sale, distribution or receipt of

oil or nacura1 gas or levied on the ownenhip of oil or natural gas. that is subject to the provisions of section

2. Article vm or section 3a, Article IX of the Oregon

Constit:l1tion. ORS 466.785 is amended to read:

466.785. (1) Fees may be required of every permittee

of an underground storage tank. Fees shall be in an amount determined by the commission to be adequata

to ca:iry on the duties of the department or the duties

of a stata agency or local unit ,~~L~vernment that has

contracted with, the department OBS 466.730. Sucil.

fees shall noc exceed S2S per tank per year.

(2) Fees collected by the detlartment under this

section shall be deposited in the Stata Treamry to the

credit: of an account of the departmenc. All fees paid to

the department shall be continuously appropriated to ~e detlartment to carry out the provisions of ORS

466.705' to 466.835 and. 468.895.

(3) In addition to any other fee imposed on underground storage tank.s. begi.nni.ng July 1. 1989, and ending December 31. 1992. the department shall coUee; an 3.lJ.l1ual surcll.~ of S50 per tank to be deposited in the

Underground Storage Tank ~mpli.anc:e and Remedial

Action Fund.

Sec. 4:5. II the Sutlreme Court declares that

sections II to 19 of this 'Act impose a tax or excise

levied on. with respect to or measured. ,by the extraction.

production. storage. use, sale. distribution or receipt of

oil or natural gas or levied on the owuenhip of oil or

460.791

natural gas. that is subject to the provisions of section

2. Article VIII or section 3a. Article IX of the Oregon

Constitution. ORS 466.785. as amended by section 44 of

this Act, is further amended to read: ,

, 466.785. (l) Fees may be required of every permittee

of an underground storage tank, Fees shall be in an amount determined by the commission to be adequate

to c:1rry on the duties of the departm.ent or the duties

of a stat,e agency or local unit: of government that has

contracted with the department under OBS 466.730. Such

fees shall· not e:cceed S25 per tank per year.

(2) Fees collected by the detlartment under this

section shall be deposited in the State Treasury to the

credit: of an account of the department. All fees paid to

the department shall be continuously appropriated to

the department to carry out the provisions of OBS

468.705 to 466.835 and 466.895.

466.790 (1987 c:.539 §26; 1989 c.lOn §§24, 29. 30. 46,

47, 48; repealed by 1991 c.863 915 (466.791 enacted in lieu

of 466.790))

466.791 Unde~oUD.d Storage Tank

Compliance and Corrective Action Fund;

sources; uses. (1) The Underground Storage

Tank Compliance and Corrective Action

Fund is established separate and distinct

from the General Fund -in the State Treasury.

(2) The following moneys, as they pertain

to an underground storage tank, shall be deposited into the State Treasury and credited

to the Underground Storage Tank Compliance and Corrective Action Fund:

(a) Moneys recovered or otherwisereceived from responsible parties for corrective

action;

(b) Moneys collected under ORS 319.025;

and

(c) Any penalty, fine or damages recovered under ORS 466.770.

(3) The State Treasurer may invest and

reinvest moneys in the Underground Storage

Tank Compliance and Corrective Action

Fund in the' manner provided by law.

(4) The moneys in the Underground

Storage Tank Compliance and Corrective

Action Fund are appropriated continuously

to the department to be used as provided in

subsection (5) of this section.

. (5) Moneys in the Underground Storage

Tank Compliance and Corrective Action

Fund may be used by the department for the

following purposes:

(a) Supoorting the loan guarantee program established pursuant to section 4,

chapter 1071, Oregon Laws 1989;

(b) Repaying moneys advanced under

ORS 293.205 to 293.225 to allow the department to begin operating the grant and loan

programs established' pursuant to section 4,

Chapter 1071, Oregon Laws 1989, or servicing

any debt incurred by the fund;

(c) Administration of the underground

storage tank program;

,.

h'

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"

36-641
466.795 PUBLIC HEALTH AJ.'ID SAFETY

(d) Funding the interest rate subsidies

established under section 6a, chapter 863,

Oregon Laws 1991;

(e) Funding the underground storage tank insurance premium copayment program

established under sections 38 to 46, chapter 863, Oregon Laws 1991; and

(f) Funding of the grants established under section 6, chapter 863, Oregon Laws

1991. (1991 c.863 §16 (enacted in lieu of 466.790)]

466.795 Underground Storage Tank

Insurance Fund. (1) The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund m

the State Treasury to be used solely for the

purpose of satisfying the financial responsibility requirements of ORS 466.815. .

(2) Moneys transferred by the department

from the Underground Stora$e Tank Compliance and Corrective Action l' und established

under ORS 466.791 shall be credited to the

Underground Storage Tank Insurance Fund..

(3) The State Treasurer may invest and

reinvest moneys in the Underground Storage

Tank Insurance Fund in the manner provided by law.

(4) The moneys.in the Underground

Storage Tank Insurance Fund are appropriated continuously to the department to be

used as provided for in subsection (5) of this

section.

(5) Moneys in the Underground Storage

Tank Insurance Fund may be used by the

department for the following purposes, as

they pertain to underground storage tanks:

(a) Funding of the underground storage

tank insurance premium copayments estaolished under sections 38 to 46, chapter 863,

Oregon Laws 1991; and

(b) Payment of the department's costs in

administering the Underground Storage Tank

Insurance Fund, which shall be limited to

five percent of the premium collected. (l987

c.539 §2S; 1989 c.S33 §158; 1989 c:.935 §§2, 3; 1991 c..663 §471

Note: Section 5, chapter 935, Oregon Laws 1989, p~nd~ .

Sec. 5. II the Supreme Coun declares that section

147. chapter 833. Oregon Laws 1989 (Em-olled House Bill

3515) (453.408 (1)], imposes a tax or excise levied on,

with respee: to or measured by the extractions, production. storage, use. sale. distribution or receipt of oil or natural. or levied on the owaenhip of oil or aa- e-.u-al gas. that is subject to the provUions of section 2.

Article VIII:, or section 3a. Article IX of the Oregon

Constitution. section 4 of this Act (405.1271 is repealed

and ORS 466.795. as amended by sec1:Uln 3 of this Act,

is further amended to read: .

466.795. (1) ·The Underground Storage Tank Insur- ance Fund is establlilhed separate and distinct from the

General Fund in the State Treasury to be used solely for the purpose of satisfying the financial responsibility

reqWreml!!Qt3 of ORS 466.815.

(2) Fees received by the department pursuant to

subsection (6) of this seenca, shall be deposited into the

State Treasury and credited to the Underground Storage

Tank Insurance Fund.

(3) The State Treasurer may invest and reinvestmoneys in the Underground Storage Tank Insurance

Fund in the manner provided. by law.

(4) The moneys in the Underground Storage Tank .

Insurance Fund are appropriated continuously to the

department to be used as provided for in subsection (5)

of this section.

. , (5) Moneys in the Underground Storage Tank InsUrance Fund may be used by the department ·for the

following purposes, as they pertain to underground

storage taDk3:

(a) Compensation to the department or any other

person. for taking corrective actions; and

(b) Compensation to a third party for bodily injury

and property damage caused by a release; and

(c) Payment of the department's costs in administering the Underground Storage Tank Insurance Fund,

which shall be limited to 15 percent of the· premium collected. _.

(6) The commission may establish an annual financial resp.onsibility fee to be collected irom an owner or permittee of an underground storage tank. The fee shall

be in an amount determined by the commission to be

adequate to meet the financial responsibility requirements established under ORS 466.815 and any applicable

federal law.

(7) Before the effeetive date of any regulations re- lating to financial responsibility adopted by the United

States Environmental Protection Act pursuant to P.L.

98-616 and. P.L. 99-499, the department shall formulate a plan of action to be followed if it becomes l1eeessary

for the Underground Storage Tank Insurance Fund to

become operative in order to satisfy the financial re- sponsibility requirements of ORS 466.815. In iormulating

the plan of action. the department shall coDSUlt with the

Director of the Department· of Iasuraac:e and Finance. owners and permittees of underground storage tank3

and any other interested party. The plan of action must

be reviewed by the Legislative Assembly or the Emergency Board before implementation. [1989 c.935 §5]

466.800 Records as public records; exceptions. (1) Except as provided in subsection (2) of this section, any records,

reports or information obtained from any

persons under ORS 466.765 and 466.805 shall.

be made available for public inspection and

copying during the regular office hours of

the department at the expense of any person

requesting copies.

(2) Unless classified by the director as

confidential, any records. reports or information obtained under OBS 466.706 to 466.835

and 466.895 shall be available to the public.

Upon a showing satisfactory to the director

by any person that records, reports or information, or particular parts thereof, if made

public. would divulge methods, processes or

information entitled to protection as trade

secrets under OBS 192.501 to 192.505, the director shall classify as confidential such record, report or information, or particular

part thereof. However, such record, report or

information may be disclosed to any other

officer, medical or public safety employee or authorized representative of the state concerned with carrying out ORS 466.706 to

466.835 and 466.895 .or when relevant in any

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36-642
'. HAZARDOUS WASTE AND HAZARDOUS MATERIALS n 466.815

•

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•

proceeding under ORS 466.706 to 466.835 and

466.895.

.(3) Any record.vreport or information obtained or used by the department or the

commission in administering the statewide

underground storage tank program under

ORS 466.706 to 466.835 and 466.895 shall be

available to the United States Environmental

Protection Agency upon request. If the record, report or information has been,submitted to the state under a claim of

confidentiality, the state shall make that

claim of confidentiality to the Environmental

Protection Agency for the requested record,

report or information. The federal agency

shall treat the record, report or information

subject to the confidentiality claim as confidential in accordance with applicable federal

law. (Formerly 408.910] "

(Enforcement)

466.805 Site inspection; subpoena or

warrant. (1) In order to determine compliance with the provisions of ORS 466.706 to

466.835 and 466.895 and rules adopted under

ORS 466.706 to 466.835 and 466.895 and to

enforce the provisions of ORS 466.706 to

466.835 and 466.895, any employees of or an

authorized and identified representative of

the department may:

(a) Enter at reasonable times any establishment or site where an underground storage tank is located;

(b) Inspect and obtain samples of a regulated substance contained in an, underground

storage tank; and

(c) Conduct an investigation of an underground storage tank. associated equipment,

contents or the soil, air or waters of the

state surrounding an underground storage tank.

(2) If any person refuses to comply with

subsection (1) of this section, the department

or a duly authorized and identified representative of the department may obtain a warrant or subpoena to allow such entry,

inspection, samtJIins; or copying, (1987 ~39 §30

(enaCted in liel1 of 468.967}) • "" "

466.810 Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies. (1)

Whenever the denartment has reasonable

cause to believe that an underground storage

tank or the operation of an underground

storage tank violates ORS 466.706 to 466.835

and 466.895 or fails to comply with a role,

order or permit issued under ORS 466.706 to

466.835 and 466.895, the department may investigate the underground storage tank.

(2) After the department investigates an

underground storage tank under subsection

(1) of" this section, the denartment mav

without notice or hearing", make such

findings and issue such orders as it considers

necessary to protect the public health, safety,

welfare or the environment.

(3) The findings and orders made by the

department under subsection (2) of this section may:

(a) Require changes in the operation.

practices or operating procedures found to

be in violation of ORS 466.706 to 466.835 and

466.895 or the roles adopted under ORS

466.706 to 466.835 and 466.895;

(b) Require the owner or operator to

comply with the provisions of a permit;

(e) Require compliance with a schedule

established in the order, and "..

(d) Require any other actions considered

necessary by the department.

(4) After the department issues an order

under subsection (2) of this section, the department may decommission the underground

storage tank or contract with another person

to decommission the underground storage

tank.

(5) The department shall serve a certified

copy of any order issued by it under subsection (2) of this section to the permittee or

the permittee's "duly authorized representative at the address furnished to the department in the permit application or other

address as the department knows to be used

by the permittee. The order shall take effect

20 days after the date of its issuance, unless

the permittee requests a hearing on the order before the commission. The request for a

hearing shall be submitted in writing within

20 days after the department issues the order.

(6) All hearings before the commission or

its hearing officer shall be conducted according to applicable provisions of ORS

183.310 to 183.550 for contested cases.

(7) Whenever it appears to the department that any person is engaged or about to

engage in any act or practice that constitutes a violation of ORS 466.706 to 466.835

and 466.895 or the rules and orders adccted

under ORS 466.706 to 466.835 and 466.89-5 or

of the terms of any permit issued under ORS

466.706 to 486.835 and 46p.895, the department without prior administrative hearing,

may institute actions or proceedings for legal.

or equitable remedies to enforce compliance

therewith or to restrain further VIolations

thereof. (1987 e.339 §32] "

466.815 . Financial responsibility of " owner or permittee. (1) '!'he commission

may by role require an owner or permittee

to demonstrate and maintain financial responsibility for.

36-643
466.820 PUBLIC HEALTH AND SAFETY

(a) Taking corrective action;

(b) Compensating a third party for bodily

injury and properly damage caused by a release; and

(c) Compensating the department, or any

other person, for expenses incurred by the

department or any other person in taking

corrective action.

(2) The financial responsibility requirements established by subsection (1) of this

section may be satisfied by insurance, guarantee by third Farty, surety bond, letter of

credit or qualification as a self-insurer or

any combination of these methods. In adopt- . ing rules under subsection (1) of this section,

the commission may specify policy or other

contractual terms, conditions or defenses

necessary or unacceptable to establish evidence of financial responsibility.

(3) If an owner 'or permittee is in bankruptcy, reorganization or arrangement -pursuant to the federal bankruptcy law, or if

jurisdiction in any state or federal court

cannot be obtained over either an owner or

a permittee likely to be solvent at the time

of judgment, any claim arising from conduct

for which evidence of financial responsibility

must be provided under this section may be

asserted directly against the guarantor. IIi

the case of action under paragraph (b) of.

subsection (1) of this section, the guarantor

is entitled to invoke all rights and defenses

that would have been available to the owner

or permittee if the action had been brought

against the owner or permittee by the claimant and all rights and defenses that would

have been available to the guarantor if the

action had been brought against the

guarantor by the owner or permittee. .

(4) The total liability of a guarantor shall

be limited to the aggregate amount the

guarantor provided as evidence of financial

responsibility to the owner or permittee under subsection (2) of this section. This suh-.

section does not limit any other state or

federal statutory, contractual or common law

liability of the guarantor for bad faith in negotiating or in failing to negotiate the

settlement of any claim. This subsection does

not diminish the liability of any person under

section 107 or 111 of the Comprehensive Enviroomental Response, Compensation and Liability Act of 1980, as amended, or other

applicable law.

(5) Corrective action and compensation

programs financed by a fee. paid by owners

and permittees and administered by the department may be used to satisfy all or 'Cart

of the financial responsibility requirements of this section. .

(6) No rule requiring an owner or

permittee to demonstrate and maintain financial responsibility shall be adopted by the

commission before review by the appropriate

legislative committee as determined by the

President of the Senate and the Speaker of

the House of Representatives. (1987 c.539 §27]

466.820 Reimbursement to depart.

ment; procedure for collection; treble

damages. (1) The owner and the pennittee

of an underground storage tank found to be

in violation of any provision of ORS '466.706

to 466.835 and 466.895, shall reimburse the

department for all costs reasonably incurred

by the department, excluding administrative

costs, in the investigation of a leak from an

underground storage tank. Department costs

may include investigation, design engineering, inspection and legal costs necessary to

correct the leak.

(2) Payment of costs to the depa.rtment

under subsection (1) of this section shall be

made to the department within 15 days alter

the end of the appeal period or, ii' an appeal

is filed, within 15 days alter the court or the

commission renders its decision, if the decision a£i:irms the order.

(3) If such costs are not paid by the

owner or the permittee of the underground

storage tank to the department within the

time provided in subsection (2) of this section, the Attorney General, upon the request

of the director, shall bring action in the

name of the Sf:ate of Oregon in -the Circuit

Court of Marion County or the circuit court

of any other county in which the violation

may have taken place to recover the amount

specified in the order of the department.

(4) In addition to any other penalty provided by law, if any person is found in violation of· any provision of ORS 465.200,

466.706 to 466.835, 466.895 and 4.78.308, the

commissicn or the court may award damages

in the amount equal to three times the

amount: of all expenses incurred by the department in investigating the violation.

(5) Moneys reimbursed shall be deposited

to the Sf:ate Treasury to the credit of an account of the de'Cartment and are continuously appropriated to the department for

the purposes of admiDistering ORS 465.200,

466.706 to 466.835, 466.895 and 478.308. (1987

c..539 §34 (ezw:ted. ill lieu o£408.914)J

466.S25 Strict liability of owner or

permittee. The owner and permittee of an

underground storage tank found to be the

source, of a release shall be strictly liable to

any owner or permittee of a nonleaking

underground storage tank in the vicinity, for

all costs reasonably incurred by -such nonleaking underground storage tank owner or

permittee in determining which tank was the

source of the release. (1987 c:.539 §351

.:

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36-644
HAZARDOUS WASTE AJ.'ID HAZARDOUS MATERIALS II

•

•

•

466.830 Halting tank operation upon

clear and immediate danger. (1) Whenever, .

in the judgment of the department from the

results of monitoring or observation of an

identified release, there is reasonable cause

to believe that a clear and immediate danger

to 'the public health, welfare, safety or the

environment exists from the continued operation of an underground storage tank, the

department may, without bearing or prior

notice, order the operation of the underground storage tank. or site halted by service

of an order on the owner or permittee of the

underground storage tank or site.

(2) Within' 24 hours after' the order is

served under subsection (1) of this section,

the department shall appear in the appropriate circuit court to petition for the equitable

relief required to protect the public health,

safety, welfare or the environment. [1987 c.539

§36J

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 ~der ORS 466.706 to 466.835 and,

466.895 shall constitute· a lien upon any real

and personal property owned by the person.

(2) The department 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 tbe 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 466.835 and

466.895. (1987 c:.539 §37]

FINANCIAL ASSIST.o\.NCE PROGRAJ.YIS

FOR OWNERS AND OPERATORS OF

UNDERGROUND STORAGE TANKS

Note: Sections 4. 5 and 6, chapter 1071, Oregon

Laws 1989, as amended by chapter 863. Oregon Laws

1991, sections 7 and 50, chapter 1071. Oregon Laws 1989

and sections 5 to la, 19a. 38 to 44, 46 and 62, c:haoter

863,. Oregon Laws 1991, provide: .

. Sec. 4. (1) Beginning December 22, 1988. the Department Qf Environmental Quality shall conduct a program to provide to a commercial lending insticutiol1 a loan guarantee of up to 80 percent ot" the loan principal, but not to exceed S80,OOO for the purpose of upgrading an underground storage tank facility, replacing

an underground storage tank. facility, conducting cor- rective action or installing stage I and II vapor collection system underground piping, hoses and nozzles in

conformity with applicable state and federal underground storage tank, air quality and corrective action

rules at an underground storage tank. fadity holding an accumulation of motor fuel for resale, If a person owns or is resccnsible for more than one underground

storage tank facility: the person is eligible for a loan

guarantee of up to 80 percent of the loan principal, nee

to exceed. SSO,OOO, for each facility lccaricn,

(2) Any loan guarantee provided during the period

.beginning December 22. 1988. and ending December 31.

1994. shall be enforceable by the lending ·institution at

any time during the loan repayment period. even if the

final payment on the loan is due after December 31.

1994.

(3) In processing a loan application to be guaraa- .

teed under the program established by the department,

the commercial lending institution shail determine theapplicant's credit worthiness and ability to repay a loan . wsing the lending institution's normal criteria for a non guaranteed loan made under like terms and ceaditions.

(4) Before entering intl:l an underground storage>

tank loan agreement for a loan guaranteed. under :::e:: department's program. the commercial lending institu-"

tion shall submit to the department a request for a loan

guarantee. The request shall include any documentation

required by the department to det.enl:l.i.ue the ~um

guarantee to be issued at U\y faciiity location. If the

department fails to respond within 30 days a.ieer receipt

of the request, the request shall be consicieredapproveci

for the amount requested. except that. in no case shail

it exceed 80 percent of the loan principal or S80,000,

whichever is greater.

(5) The maximum term for which any loan is

guaranteed shall be 20 years.

(6) In the case of a default:, and upon written notification from a commercial lending institution. the

department shall pay the percent guarantee authorized

at the beginning of the mortgage term on the unpaid

balanca at the time ot" default. (1989 c..l071 H; 1991 <:..363

§l]

Sec. 5. (1) Beginning October 1. 1991. the department shall conduct a financial assistance program as

described in sections 4 to 6, chatlter 1071. Oregan Laws

1989. and sections 6 and 630 at" this 1991 At:: for the

purpose of upgrading or repfacing underground storage

tanks and piping, conduc:ti.ng corrective action or inscalling stage I and II vapor collection system undergrt'lund piping, hcses and nomes at an undergrTJund

storage tank facility b.olding an accumulation of Qotor

fuel for resale. for projects whose consC'Uc:tion started.

on or after December 22. 1988.

.' (2) Not later t.ha.n- April 1. 1992. an applic=t for

financial U3istance shall submit either an aoplicaClon

for :inancial assistance or a letter of intent to "apply for

fUlancial U3utanc:e to bring the applicant'.s uauer36-645
466.835' PUBLIC HEALTH AND SAFETY ,

ground storage tank facility into compliance with all

applicable technical and fmancial res-ponsibillty re- quirements on or before December 31. 1994. The letter

of intent shall include but need not be limited to a

proposed construction schedule and general description

of the scope of work to be performed with the financial

assistance received.

. (3) Nat later than October 1. 1992, a person submitting an application or a letter of intent to apply for

financial assistance under subsection (2) of this section

shall sign a consent agreement to bring the applic::mt's

underground storage tank into compliance with all applicable teclmical and financial responsibility requirements on or before December 31. 1994. In the consent

agreement, the department may require the anplicant to

conduct daily inventory control aI:1d reeonci1iation, investigate a SUS"pected release, report a confirmed release

within 24 hours and conduct other reasonable tank

management activities that do not' require capital investment.

(4) Except for the requirements set forth in subsection (7) of this section, an applicant for financial

assistance or a person who submitll a letter of intent to

apply for financial assistance shall not be subject to

enforcement action under ORS 466.i06 to 466.835 and

466.895 if the applicant is making a good faith effort to:

(a) Bring the applicant's underground storage tank

facility into compliance with all technical and financial responsib~ty requirements on or before December 31,

1994; or

(b) Permanently close the underground storage

tank facility in accordance with applicable underground

storage tank requiremen~n or before December 31, 1994. .

(5) In order to manage the fimd.s available in the

Underground Storage Tank Compliance and Corrective

Action Fund, and to process the projected number of

finan~al assis~ applications. the department may establish a sc:nedule for starting construction of the

projects applying (or financial assistance under sections

4 to 6, chapter 1071, Oregon Laws 1989, and sections 6

and 6a of this 1991 Ad:. If the depa.ransnt finds it is

necessary to adjust an applicant's schedule, the deeartment shall consult with the applicant in establiahing the new schedule. The applicant's financial assistance from

the department or insurance benefits available from the

department shall nat be adversely affected by a schedule

change imposed by the department. .

(6) Az1y person who does not submit a financial

assistance application or a letter of intent to apnly for

financial assistance shall comply with all applicable

technical and financial Z'eS-ponsibility requirements. A

Pt:rson who receives financial assistance shall comply

wtth. all applica~le. teclmical and financial responsihility ~ents wtthin 60 days after completing the upgrade or replacement project.

(7) Az1 applicant for financial a.uistance shall:

(a) Hold a valid underground storage tan,lt permit

for .the facility for whic:.b. the applicant is requesting the

asststanee;

(b) Pay all annual underground storage tank com- pliance fees, including any fees currently due;

(c) Take appropriate corrective action in accor- dance with rules of the Environmental Quality Comtnission in the event of ail imminent b.a.zard involving ground water contamination or a threat of fire and ex- plosion from a spill or release of pea-oleum; and

(d) If the applicant closes an underground storage

tank (acility, conduct closure operation.s in accordance

with requirl!ments established by rule by the Environmental Quality CommWirm. (1991 c..S63 §5] .

Sec. s. (1) In addition to the financial 3.S3istance

established by sectioru 4 to 6. chapter 1071, Oregon

Laws 1989, beginning October 1, 1991. any person who

owns or is responsible for an underground storage tank

holding an accumulation of motor fuel for resale also

may be eligible (or the fmancial assistance established

under subsection.s (2) to (4) of this section (or con- struction started a£I:er December 22. 1988. The financial

assistance may be' used to upgrade an underground

storage tank., replace an underground storage tank,

conduct corrective action or install stage I and II vapor.

collection system underground piping, hoses and nou.les

in conformity with applicable state and f"ederal underground s.torage tank. air quality and corrective action

rules at an underground storage tank. f'acility. If a per- son owns or is responsible (or more than one underground storage tank f"acility, the person is eligible (or

all applicable financial assistance for each facility.

, (2) Any person owning or responsible f"or 100 or more tania, and meeting the financial need· criteria es- tablished by the Environmental Quality Commission by

rule under section 7 of this 1991 Act, may be eligible for a loan at a five percent interest rate on the first

S100,OOO of eligible project costs.

(3) AIJ.y person owning or responsible for ·99- -cr fewer tanks, and meeting the financial need criteria es- tablished by the Environmental Quality Commission by

rule under section 7 of this 1991 Act, may be eligible (or an underground storage tank pollution prevention grant

of 50 percent not to exceed SSO.OOO and a loan at an interest rate of three percent on the Ont S100,000 of eligible project costs. .

(4) Any person owning or responsible for 12 or

fewer tania, and meeting the financial need crii:eria es- tablished by the Environmental Quality Commission by

rule under section 1 of this 1991 .AA:t and the criteria in

subsection (5) of t1Ws sectiono may be eligible for an underground storage tank essential services grant of 85

percent not to exceed S85,OOO and a loan at an interest

rate 0(. one and one-half percent on the first S100.000 of

eligible project costs.

(5) In addition to meeting the financial need criteria. an applicant for an underground storage tank es- sential services grant also shall meet· the following

criteria:

(a) The applicant's facility must be either.

(A) The only facility in a city listed in the Oregon

Blue Book; or

an The only facility within nine miles from the

next retail gas sales facilitr, and .

(b) The applicant must enter into a property lien

agreement with the department providing that the

underground storage tank essential services grant will

be reimbursed in full if the property or business reselling motor vehicle fuel is sold within five years alter the

applicant receives the grant. The property lien agreement shall become a lien upon the property where the un~und storage tank located on the date the

property lien agreement is recorded in the mortga~e

records of the county in which the property ts leeaeed,

(6) AIJ.y penon not applying to a commercial lending instittltion for a loan to perform underground storage tank work under section.s 4 to 6. chapter 1071,

Oregon Laws 1989. sectilm 6a of this 1991 Act and this

section, may apply directiy to the department for a

grant un.der subsection.s (3) and (4) of this section.

(7) The department may not approve any applieation for the financial assistance prognm.s establi.sb.ed

by subsections (2) to (4) of this sec::ion received alter

December 31, 1994-

(8) The interest rate subsidies established under

subsection.s (2) to (4) of this section sb.a.ll be payable in

the manner provided in sec:tiDn 6a of this 1991 Act. (1991 c.B63 §6J .

Sec. 611. (l) Beginning October 1. 1991. the depart·

ment shall conduct a program of Gnanc=ja l a.sWtanc:e

that allows commercial lending institution.s. to otTer

o

o

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36-646
HAZ.UIDOUS WASTE A1'fD HAZARDOUS MATERIALS II , J

•

•

•

lew-interest, fl.'Ced·rate loans as described in subsection

(2) of this section :0 persons owning or responsible for

underground storage tanks holding an accumulation of

motor fuel for resale.

(2) The amount of finance charge ch:lrged. includ·

ing interest on the loan and interest on any loan fee,

by a commercial lending institution may be at a rate

of:

(a) Seven and. one-half percent for a loan to any

person owning or responsible for und.erground. storage

tanks holding an accumulation of motor fuel;

(b) Five percent for loans qualifYing und.er section

6 (2) of this 1991 Act;

(c) Three percent for loans qualifying under section

6 (3) of this 1991 Act; or

(d) One and one-half percent for loans qualifying

under section 6 (4) of this 1991 Act..

(3) The department shall reimburse the commercial

lending institution for the difference between the

amount of finance charge that would have been c.~arged, including interest on the loan and interest on any loan fee, and an annual rate that is the lesser of

the following:

(a) The annual rate charged by the commercial

lenciing institution Cor nonsubsidi%ed. loans made under

like' terms and conditions at the time the loan is made; or

(b) The u~per limit established by rule of the En·

vironmental Quality-Commission.

(4) In order for the loan to be eligible for the re- duced interest rates allowed under this section. the loan

shall:

.(a) Be ~e to a person who is upgrading or replaang an unC1erground storage tank. conducting cer- rective action or inscalling seage r and II vapor

collection system underground piping, hoses or nozzles

at an underground storage tank facility holding an ae- cumulation of motor fuel 'for resale;

(b) Be made after December 22. 1988, and before

December 31, 1994;

(c) Have a term not to exceed 20 year3; and.

(d) Be only on the lint $100,000 of eligible project

upense.s.

(5) Before approving any application for financial

assistance under section 4, chapter 1071, Oregon .Laws

1989, sections 6, 38, 39 or 40 of this 1991 Act. the deparcnent shall determine whether sULlicient moneys are projected to be in the Underground Storage 'l'ank Complia.nce and Corremve Action Fund to pay all obligations and debt service to all parties. incluciing

obligations to commercial lending institutions for the

loan guarantees and reduced interest rates on loans

made by commercial lending in.:stitutions, on all applications approved to date. and the obligation:s and debt

service at the applicatioI1 being considered (or approval.

If' the departmen~ llr1Jjeet:s tha~ funciswill be insw1icien~

te service new obugations or debt service. the department shall s~~end approval ot the financial assistance

application until additionai revenue beeemee available.

',V"nen additional revenue beeceaes available. appiieations denied approval due to insufficient funds aaall be

preeesaed aCCl)rding to the chronolo~ca.l order in which

the appllcation3 were suspended for insufficient funds.

(6) Within 30 days after the end of each caleJ1dar

quarter, a commercia! lending institution sb.all submit an- invoice to the Departmen~ of Environmental Quality

for the di!I'erence in the amount of the finance ci:large as set forth in subsections (2) and. (3) of thU section.

The department shall pay any invoice received under

this section only from moneys in the Underground

Storage Tank Compliance and .Corrective Action Fund

eseablished under section 16 of this 1991 Act (466.7911.

406.835

(7) If (or any reason funds in the Underground

Storage 'l'ank Compliance and Corrective Action Fund are not sufficient to make the payments described in

subsection (6) of.this section for a loan, the interest rate on that loan shall be considered increased to th.e rate

described in paragraph (a) of subsection (3) of this sec- tion. effective on the date the funds fint ceased to be

available.

(8) As used. in this section, "commercial lending

.institution; "facility,'" "corrective action; "seage I vapor collection system,'" "stage II vapor collection

system'" and "underground storage· tank" have the

meaning \pven those terms in section 12 of this 1991 Act

(466.706]; (1991 c:.863 §6a] .

Sec. 7. (ll The Environmental Quality Commission

shall adopt rules to implement the financial assistance

programs established by sections 6 and. 6a of this 1991

Act. In adopting the rules, the commission shall con- sider the recommendations of the Underground Stora~e

'l'ank Financial Assistance Advisory Committee estaelished in subsection (2) of section. .

(2) Before August 1, '1991. the Director of tboe Department of Environmental Quality shall appoint an Underground Storage Tank Financial Assistance Advisory Committee. The advisory committee shall consist

of a representative from each of the following organizations or areas of interellt:

(a) Oregon petroleum marketers;

. (b) Petroleum suppliers;

(c) Oregon gasoline dealers;

(d) A¢eultural cooperatives;

(e) Oregon commercial lenciing institutions;

en A service previder currently licensed by the

Department of Environmental Quality;

(g) An underground storage tank equipment man· ufacturer {lr distributor; and

(h) 'l'wo members of the general public. one of

whom shall serve as cilair of the advisory committee.

. (3) The Underground Storage 'l'ank Financial Assistance AdvisorY Committee wall advise the department and commission on matters relating to the

implementation of the financial assistance pro~

under oas 466.706 to 466.835 and 466.895, mcluding. but

not limited to:

(a) Adoption of ad.ministrative rulell to implement

the financial a.ssi.stance programa set forth in OPOS

466.706 to 406.83S;

(b) Financial needs criteria for the variable interest

rate loans and underground storage tank pollution and

essential service grants;

(c) FiI1a.ncia1 information forms;

(d) Methods to contaiIl costs of the financial as- sistance programs to provide ma.ximum beJ1etiu to tboe

greatest number of applicants;

(e) Methods to promote and advertise the financial

assistance Pr1Jgrams to potential applicants; and

en The readability and understandability of appliC3tion forms and instrUctional materials to be used by

potential underground storage tank financial assistance

applicanes,

(4) Memben appointed to the advisory commit+..ae

shall serve for a. period of two years. The diree-..or cay.

discontinue the commi~ a1tu December 31. 1994.

(5) Members of the advisory committee are not eligible for compensation. but member3 may be reimbuned

for necessary expenses under oas 292.495 from moneys

available in the Unde~und Storage Tank Compliance

and Corrective Action J:unci. (1991 c.863 §71

Sec. 8. In establishing fin.ancial need ~t~ri.a•.tt:e

commission shall censider the most recent puolisnel1 n- nancial seacistic.s by Robert Morris Associa.tes for Gas36-047
466.835 PUBLIC HEALTH AND SAFETY

oline Service Station Retailers. The commission and the UnderJt'Oun~ Storage Tank Financi~ Assistance Advisory Committee also may seek advice from the Economic Development Department. the federal Smll1l

Business Administration and other qualified businesses,

organizations and agen~. [1991 c:.S63 §8)

Sec. 9. (l) An applic::mt applying for fmancial as- sistance under sections 4 to 6, chapter 1071, Oregon

Laws 1989, and sections 6 and 6a of this 1991 Act shall

provide the commercial lending institution \vith copies

of the applicant's two most recent fmancial statements,

if the applicant is a corporation, or if the applicant is

a sole proprietor or partnership, the two most recent

personal financial st4tements and federal inc:ome tax

returns. For a corporation. the fmancial needs test shall

be made on parent.company and any wholly owned

subsidiaries. An applicant shall provide any financial

information requested by a c:ommerc:ial lending institution necessary to determine fmancial need as established under sections 7 ;pld 8 of this 1991 Act. The

deoartment may specify the forms on which financial

irttormation must be provided to the department or commercial lending institutions.

(2) Upon determining that an applicant meets the

criteria established under sections 7 and 8 of this 1991

Act and is -eligible for financial assistance under

sections 4 to 6. chapter 1071. Oregon Laws 1989, and

sections 6 and 6a of this 1991 Act. the commercial

lending institution shall submit its decision to the department for approval.

(3) An applicant applying for fmancial assistance

under section 6 (6) of this 1991 Act shall provide the

information described in subsection (1) of this section

eo the Department of Environmental Quality. [1991 c:.863

§9)

Sec. 10. The Environmental Quality Commission

shall adopt rules to insure that money disbur3ed from

the Underground Storage Tank Complianca and Corrective Action Fund for an underground storage tank

pollution prevention or essential servica grant is used

only to pay for equipment. labor and services to upgrade or replace underground storage tanks, conduct

cornctive action or install stage I and II vapor collection system underground piping, hoses and nouIes.

[IS91 c:.B63 §IO]

Sec. 19a. The Environmental Quality Commission

shall report to the Emergency Board the amount of

moheys necessary to provide funding to the Under- ~und Storage Tank Compliance and Corrective Action

L'und. II the collmlUsion fin~ that less money is needed

than is being collected under section 18 of this 1991 Act

[319.0251. the commission may suspend the collection of

:he assessment or reduce the amounl: of the assessmenc. [1991 c:.B63 §19aj .

See. 38. ~y applicant. with 100 or more underground storage t.ank:I holding motor fuel for resale who

meets the linanc:ial needs· tesl: for a five percent interesl:

rate subsidy established by section 6 of this 1991 Act

also shall be eligible for an annual undergro1U1d storage

tank insurance premium copayment acc:ording to the

following schedule:

(1) An annual SO percent CQpayment not to l!%Ceed

52,000 per year between Oe:tober 1. 1991. and December

31, 1993, for an applicant starting an underground store

age tank upgrade or replacement project after Deamber

22, 1988, and completing the project before December 31,

L991.

(2) An annual 40 percent copayment 110t to e:cc:eed

51,600 per year between January 1. 1992, and December

31, 1993. for an applic:ant completing an underground

storage tank upgrade or replacement project in the calendar year 1992. . - .

(3) An annual 30 percent copayment not to exceed

S1,200 per year between January 1, 1993, and December

31, 1993, for an applicant completing an underground

storage tank upgrade or replacement project in the calendar year 1993_ [1991 c:.863 §381

Sec. 39_ AzJ.y applicant with 99 or fewer underground storage tanks holding motor fuel for resale who

meets the financial needs test for an underground storage tank pollution prevention grant established under

section 6 of this 1991 Act also shall be eligible for an

annual underground storage tank insurance -premiwn

copayment according to the following schedule:

(1) An annual 75 percent CQpayment not to exceed

53,000 per year between October 1. 1991, and December

31. 1994. for an applicant starting an underground storage tank upgrade. or replacement project after Decamber

22., 1988, and c:ompleting the project before Decemb~ 31,

199L

(2) An annual 65 percant c:opayment not to exceed

52,600 per year between January 1. 1992. and December

31, 1994. for an atlplic:ant completulg an underground

storage tank upgrace or replacement project in the calendar year 1992-

(3) An annual 55 percent cooayment not to eiec:'eed

52,200 per year between January-'I, 1993. and Dece:nber

31, 1994, for an atlplic:ant completing an underground

storage tank upgraae or replacement project in the calendar year 1993_

(4) An annual 45 percent copayment. not to exceed

52,200 per year between January 1. 1994. and December

31, 1994, for an atlplicant completing an underground

storage tank upgra'cie or replacement project in the calendar year 1994. [1991 c.863 §39)

See. 40. Any aoplicant with 12 or fewer under·

ground storage tanks' holding motor fuel for resale who

meets the financial needs test for an underground seer- age tank essential services grant established under see- tion 6 of this 1991 Act also shall be eligible for an .

annual underground storage tank insurance premiwn

copayment according to the following schedule:

(1) An annual 90 percent cooayment· not. to exceed

53.600 per year between October i, 1991, and December

31, 1994. for an applicant starting an underground storage tank upgrade or replacement project at1:er December22. 1988, and completing the project before December 31,

199L

(2) A.J:i annual 85 percent copayment not to exceed

53.400 per year between January 1. 1992, and December

31. 1994. for an applicant completing an underground

storage tank upgrade or replacement project in the calendar year 1992.

(3) An annual 80 percent copayment not to exceed

53,200 per year between January 1. 1993. and December

31. 1994. for- an applicant completing an underground

storage tank upgrade or replscament project in the calendar year 1993-

(4) An annual 75 percent copayment not to exceed

S3,000 per year between January 1. 1994,and- December

31. 1994, for an ap:plicailt completing an underground

storage tank UPgra4e or replacement project in the calendar year 1994-

(5) An annual 50 percent copayment not to exceed

S2,OOO per year between Jazmary 1. 1995, and December

31. 1995, for an aplllic:ant completing an underground

storage tank u~grai:fe or replacement project in the calendar year 1995. .

(6) An annual 25 percent c:ooayment cce to exceed

Sl,OOO per year between January·l. 1996. and December

31, 1996. for an apolic:ant completing an underground

storage tank upgrace or replacement project in the calendar year 1996. (1991 c.B63 HO)

. Sec. 4L It a per.lon owns or is reSllolUible for more

than one underground storage tank facility, the person

i.s eligible for all applicable in.surance premium copayments for each facility location, [1991 c:.863 §41]

\

.:

o

.:

36-048

I

1- _
, I

!,

HAZARDOUS WASTE AND HAZARDOUS MATERIALS n

•

•

Sec. 42. A copayment shall be made only for in- surance policies that satisfy in form and substance the

required underground storage tank financial responsi·

bility requirement for corrective action and third party

liability established by rule by the Environmental

Quality Commission. [1991 c.863 §42].

Sec. 43. When applying for a copayment. the agent.

producing agent or company shall designate to whom

payment shall be made on forms provided by the Department of Environmental Quality. The agent, predueing agent or company shall certify .that the imured has

paid the remaining insurance premium copayment for

the policy term. [1991 c.863 §43] .

Sec. 43a. (1) Elich person providing insurance un- der ORS 735.300 to 735.365 or 735.400 to 735.495 tOr

which a c:opayment may be made under section 43 of

this 1991 Act shall file for informational purposes, in

the manner and according to the requirements established by the Director of the Department of Insurance

and Finance, the person's:

(a) Minimum rates and deductibles; and

(b) Policy fonns, including the legal defense provisions of the policies. •

(2) Beginning Januarl 1, 1992, and each July 1 and

January 1 thereaJter until July 1, 1996, the Department

of Insurance and Finance shall provide to the Department of Environmental Quality:

(a) The following iniorm.ation relating to each

insurer authomed under the Insurance Code to transac:

insurance in this state:

CA) Minimum races and deductibles; and

(B) Policy forms, including the legal defense provisions of the policies.

(b) The information provided to the Department of

Insurance and Finance under subsection (1) of this see- tion.

(3) The Detlartment of Insurance and Finance also

shall furnish to the Detlartment of Environmental

Qualit-/ financial information with restlect to the insure ers and other persons about whom the information is

provided under subsection (2) of this section. (1991 c.S63

943al

Sec. 44. The Department of Environmental Quality

sb.al1 pay insurance premium copayments from moneys

available in the Unde~und Stora~ Tank Insurance

Fund. established under ORS 466.795. [1991 c.863 944]

Sec. 46. The department may transfer funds from

the Underground Storage Tank. Compliance and Corrective Action Fund established under section 16 of thiS

1991 Act (466.791l to the Un~und Storage Tank In- suranee. Fund established under ORS 466.795 in order to

make the unciergraund storage tank insurance premium

copaymenes authorized by see:tio~ 38 to 46 of this 1991

Aa. [1991 c.S63 9461

Sec. 62. Beginning January 1. 1993; and biennially

thereazter for the duration of the financial assis~

~rograIl13 established under this Act, the Department of

Environmental Quality shall report to the Legislative Assembl~

(1) The sta~ of the financial assistance programs

under sections 4 to 6, ch.apter 1071, Ongon Laws 1989,

and sectiOtU 6, 6a, 38, 39 and 40 of this Act;

(2) Any substantive changes to the federal underground stora~" tank program under the Federal Re- source CotUervation and Recovery Act, p"1. 94-.580, as amended;

(3) Ore~n's proposed response to substantive

changes to the federal undergl"Ound storage tank program; and

(4) The financial capacity of the Underground

Storage Tank Compliance and Corrective Action Fund

to meet its obligations and debt service for applications

approved under sections 4 to 6, chapter 1071, Oregon

Laws 1989, and sections 6, 6a, 3S, 39 and 40 of this Act.

The report shall specifically discuss the fund's capacity

to meet its obligations and debt service to commercial

lending institutions for guaranteed or reduced interest

rate loans. [1991 c.S63 962]

Sec. 5. In addition to any other application re- quirements of a commercial lending institution, any

person intending to apply for an underground storage

tank upgrade, replacement, corrective action or stage I

and II vapor collection system loan guarante9 under

section 4, chapter 1071, Oregon Laws 1989, shall allow

only a service provider li~nsed by the department pur·

suant to rules adopted under ORS 466.750. to pertonn

work on the underground storage tank facility. [1989

c.107l §5; 1991 c.863 §2]·

Sec. 6. Upon completion of a corrective action

funded by the loan guarantee program estaOlished pursuant to sec:ion 4, chapter 1071, Oregon Laws 1989, the

department shall issue a notice of compliance indicating

the corrective action has been com-pleced in. accordance

with commission rules, (1989-c.1071 96; 1991 c.863 §3]

Sec. 7. The Environmental Quality Commission

may llot estabiish any minimum civil penalty for :.~e

failure of any person to establish financial assurance pursuant to ORS 466.815 until aJtar August 31, 1992-

[1989 dOn 97] . .

Sec. 50. Sections 2, 4, 5, 6 and 7 of this Act are repealed August 31, 1992. [1989 c.107l 950l

OREGON HAJ.'mORD WASTE BOARD

Note: Sections 1 to 8 and 10 to 16, chatlter 514,

Oregon Laws 1987, as amended by chapter 562: Oregon

Laws 1991, provide:

Sec. 1. (1) The Legislative .~embly finds and declares that Oregon is ace assured that the United States

Department of Znergy will:

(a) Consider the unique features of Oregon and the

needs of the people of Oregon when assessing Hanzcrd,

Washington. as a potentially suitable location for :he

long-term disposal. 01 high.level radioactive waste; or

(b) Insure adequate opportunity for public participation in the assessment process.

(2) Over the past 45 yean, the United States has

developed and produced nuclear weapons at Hanford.

Washington. and during this period large quantities of

radioae:ti.ve hazardous and chemical wastes have aceumulated at the Han.ford. Nuclear Reservation. and the

waste sites pose an immediate and serious long·term

thnat to the environment and to public health and

saJety. .

(3) Therefore., the Legislative A,s.,embly declares

that it is in the best interests of the State of Oregon to

establish an Oregon Hanford. Waste Board to· serve as a foCWI for the State of Oregon in the develocment of a state policy to be presen~d to the Federal" Government, to insure a maximum of public participation in

the assessment and cleanup process. (1987 c.514 §l; 1991

c.S62 931

Sec. 2. Noth.ing in sections 1 to 16 of this Aee shall

be intertlreced by the Federal Government or the United

States Oepartment of Energy as an expression by the

people of Oregen to accept Hanford.. Washington. as the

site for the !OI1SS-te.""m disposal 01 :ugh·level radioactive

waste. [1987 c.514 §2]

Sec. 3. As used in sections 1 to 16 of this .Ac::

(1) -Soard- me.a.n.s the Oregon Hanford. Waste

Board. .

(2) "Hissh-Ievel radioactive 'Ruta" meazu fuel or

fission produc:u from a" commercial nuclear reactor :ule:

irradiation that i3 packaged and prepared for disposal.

36-649
466.335 .PUBLIC HEALTH AND SAFETY

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.'

of petroleum products into a storage tank located in thestate. .

(3) Subsections (1) and (2) of this section do not

apply to a delivery or import of petroleum products

destined for e.'Cport from this state if the petroleum products are in continuous movement to a destination

outside the state.

(4) The seller of petroleum products withdrawn

from a bulk facility and each person importing petro·

leum products shall remit the fU'St payment on Novem.

ber 1. 1991. Beginning January 1. 1992. payment of the

fee due shall be on a quarterly basis.

(5) Each operator of a bulk facility and each person who imports petroleum products shall register with

the Department of Revenue by September 1. 1991. or 30

days prior to operating a bulk facility or importing a cargo tank of petroleum proQucts. whichever comes tim. (1991 c.S63.§24]

Sec. 25. (1) The Department: of Revenue shall eelIeee the fee imposed under section 24 of this Act:.

(2) Any petroleum product which the Constitution . or laws of the United States prohibit: the state from

b.:cing is e:tem~t from the fee imposed under section 24

of this Act. (1991 c.SS3 §25]

Sec. 26. The Department of Revenue for good cause ::lay extend. for not to exceed one month, the time for

paymenl: of the fee due under sections 23 to 31 of this

Ac:. The extension may be granted at any time if a written request is tiled with the department within or prior to the period for which the extensiOn may be

gnnted. If the time for payment is e:ttencied at the re- QueSI: of a person. interest Olt the rate established under

ORS 305.220. for each mon~ or frac:tion of a month.

from the time the payment wu originally due to the

time payment U ae:tua.lly made, shall oe added and paid. (1991 c..S63 §26] .

Sec. 27. (1) Each operator of a bulk facility and

each person who imports petroleum products into this

state shall keep at the person's registered place of

business comtllete and accurate records of any petroleum produceS sold. purchased by or brought 1I1 or caused to be brought in to the place of business.

(2) The Department of Revenue. upon oral or writ·

ten reasonable notice, may make such examinations of

the boola. papers. records and equipment required to

be kepI: under this section as it may deem necessary in

c:l1"rj'ini out the provisions of sections 23 to 31 of this

Act. (1991 c.S63 §271

Sec. 2S. The detlartment is authorized ·to establish

those rules and proc:'edures for the imtllementation and

eniorcement of ·sections 23 to 31 of this Act that are consistent with its provisions and are considered aeees- sary and appropriate. (1991 c.S63 §2S]

Sec. 29. The provisions of ORS chapters 305 and

314 u to liens, deli.nquenc:ies. c:laim.s for refund, issu- ance of refunds, conferences, appeals to the director 01'

the depart:nent, ap'pew to the Oregon Tax Court, stay

of colle=on penaing appeal. cancellation, waiver. reduction or campromise of fees. penalties or interest,

subpoenaini and examjnjni wit:n~es and books and

papers. and the i.uuance of wan-anes and the proc:ecl.ures

relating thereto. shall apply to the collection of fees.

penalties and inuresl: by the department under sections

23 ta 31 of this Act. except where the ccnten requires ot.b.erwise. (1991 c.B63 §29)

Sec. 30. All moneys received by the. Department of

Revenue under sections 23 ta 31 of this Act shall be

deposited in the State Treasury and ~ted to a SU3'

pense aeeeune e.stao~ed under ORS 293.445. After

paymenl: of administrative expenses incurred by the department in the administration of sections 23 to 31 of

this Act and of refunds or credits arising from errone- ous overpaymenes. the balance of the moneys shall be

deposited in the Underground Storage Tank Compliance

and Corrective Action Fund. (1991 c.863 §30)

Sec. 31. The fee imposed by section 24 of this Act

is in addition to all other state. county or municipal

fees on a petroleum product:. (1991 c.8S3 §31]

FEDERAL SITE SELECTION

Note: Sections 1 and 2. chapter 13. Oregon Laws

1987. provide: .

Sec. 1. The Legislative Assembly and the people

of the State of Oregon find that:

(I) In order to solve the problem of high·level ra- dioactive waste. disposal. Conrress established a process

for selecting two sites for the sale. permanent and re- gionally equitable disposal of sueh waste.

(2) The procesa of selecting three sites as final

candidates. including the Hanford reservation in the

State of Washington, for a first high-level nuclear waste

repository by the United States Department of Energy

violated the intent and the mandate of Congress.

(3) The United States Department of Energy his'

prematurely deferred consideration 'of numerow potential sites and disposal media that its own researea indicates are more appropriate. safer and less e:rpensive.

(4) Placement of a repository at Haniord without

methodical and independently verified scientific: evaluation threatens the health and salety of the people and

the environment of this state.

(S) The selection process u flawed and not credible

because it did not include independent experts in the

selection of the sites and in the review of the selected

sites. as recommended by the National Academy of Sci· ences.·

(6) By postponing inde1initely all site S1lec:ific work

for an eastern repository, the United States Del'aranenl:

of Energy has not complied with the intent of Congress

expressed in the Nuclear Waste Policy Act, Public Law

97-425. and the fundamental compromise which enabled

its enactment. (1987 c.13 HI

Sec. 2. In order to achieve comtllete comoliance

with federal law and protect the heiUth, safety and

welfare of the people of the State of Oregon. the Legislative Assembly, other statewide otlicial3 and state

agencies shall we all legal means necessary to:

(l) Suspend the preliminary site selection process

for a high·level nuclear waste repository, including the

process of site cha.racteri.zation, until there u compli- ance with the intent of the Nuclear Waste Policy Ace;

(2) Reverse the Secretary of Energy's decision to

postpone indefinitely all site spec:iiic work on locating

and developing an. eastern repository for high-level !1U'

clear waste;

(3) Insist that the United States Department of En·

ergy's site selec:tion process. when resumed. ccnsiders

all acceptable geologic media and results in safe. scien·

tifically jwtified and regionally and geographically equitable high·level n~ wasta disposal;

(4) Demand that feden.l budget actions fully and

completely follow the intent of the Nuclear Waste Pelicy Ac::;

(S) Continue to pur3Ua alliances with other states

and interested parties. par:icularly with Pac:iiic Nann·

west Governors. legislatures and other parties, aifec1:ed

by the site selection process and t::ran.stlortacon of

high-level nuclear waste; and

(S) Assure that Ongon, because of its close ge- ogratlhic and geologic oroximity to the proposed

Hant'ord site. be accorded the same status under iedual

law as a state in which a hi~n.level nuclear repository

is proposed to be located. (1987 c.13 §2)

o

. 36-652
HAZARDOUS'WASTE AJ.'ID HAZARDOUS i\'IATERI.ALS II 466.995

•

•

Crvn.. PENALTIES -

466.880 Civil penalties generally. (1) In

addition to any other penalty~ provided by

law, any person who violates ORS 466.005 to

466.385 and 466.890, a license condition or

any commission rule or order pertaining to

the generation, treatment, storage, disposal

or transportation by air or water of hazardous waste, as defined by ORS 466.005, shall

incur a civil penalty not to exceed $10,000

for each day of the violation.

(2) The civil penalty authorized by subsection (1) of this section shall be imposed in

the manner provided by ORS 468.135.

(3) In addition to any' other penalty pro-

"vided by law, any person who violates a provision of ORS 466.605 to 466.680, or any rule

or order entered or adooted under ORS

466.605 to 466.680, may incur .a civil penalty

not to exceed $10,000. Each day of violation

shall be considered a separate offense.

(4) The civil' penalty authorized by subsection (3) of this section shall be imoosed in

the manner provided by ORS 468.130, except

that a penalty collected under this section

shall be denssited to the fund established in

ORS 466.67'0. (Formerly 4S9.995; (3) and (4) enacted

by 1985 c.733 §17j 1987 c.266 §lj 1991 c.734 §35]

466.890 Civil penalties for damage to

wildlife resulting from contamination of

food or water supply. (1) Any person who

has care, custody or control of a hazardous

waste or a substance which would be a hazardous waste except for the fact that it is not

discarded, useless or unwanted shall incur a

civil penalty according to the schedule set

forth in subsection (2) of this section for the

destruction, due to contamination of food or

water supply by:.such waste or substance, of

any of die wildlife referred to in subsection

(2) of this section that are" the property of

the state.

(2) The penalties referred to in subsection (1) of this section shall be as follows:

(a) Each game mammal otIier than

mountain sheep, mountain goat, elk or silver

gray squirrel, $400.

(b) Each mountain sheep or mountain

goat, $3,500.

(c) Each elk, $750.

(d) Each silver gray squirrel, S10.

(e) Each game bird other than wild turkey, S10.

(f) Each wild turkey, $50.

(g) Each game fish other than salmon or

steelhead trout, ~5. "

(h) Each salmon or steelhead trout, $125.'

en Each fur-bearing mammal other than

bobcat or fisher, S50.

(j) Each bobcat or fisher, $350.

(k) Each specimen of any wildlife suedes

whose survival is specified by the Wildlife

laws or the laws of the United States as

threatened or endangered, $500.

• (L) Each specimen of any wildlife species

otherwise protected by the wildlife laws or

the laws of the United States, but not otherwise referred to in this subsection, $25.

(3) The civil penalty imposed under this

section shall be in addition to other penalties

prescribed by law. (1985 c.685 §21

466.895 Civil penalties for violations

of underground storage tank regulations.

(1) Any person who violates any provision of

ORS 466.706 to 466.835 and this section, a

rule adooted under ORS 466.706 to 466.835

and this' section Ol'. the terms or' conditions

of any order or permit issued by the department under ORS 466.706 to 466.835 and this

section shall be subject to a civil penalty not

to exceed S10,000 per violation per day of violation.

(2) Each violation may be a separate and

distinct offense and in the case of a continuing violation, each day's continuance thereof

may be deemed a separate and distinct offense.

(3) The department may levy a civil penalty up to SlOO for each day a fee due and

owing under ORS 466.785 and 466.795 is unpaid. A penalty collected under this subsection shall be placed in the State Treasury . to the credit or an account of the department.

(4) The civil penalties authorized under

this section shall be imcosed in the manner

provided by ORS 468.135 except that a penalty collected under subsection (1) of this

section shall be deoosited to the fund established in ORS 466.791. (1987 c.S39 §39; L0S9 c.l71

§6l; 1991 c.734 ~36]

4O&SOO (1987 c.735 §23; renumbered 465.900 in 19891

CRIMINAL PENALTIES

466.995 Criminal penalties. (1) Penalties

orovided in this section are in addition to

and not in lieu of any other remedy specified

"in ORS 459.005 to 459.105, 459.205 to 459.245,

'459.255 to 459.385, 466.005 to 466.385 or

466.890.

(2) Violation of ORS 466.005" to 466.385

or 466.890 or of any rule or order entered or

adcnted under those sections is punishable,

upon. conviction, by a fine of not more th~

510,000 or by imprisonment in the county jail

for not more than one year, or by both. Each

day of violation shall be deemed a separate

offense.

(3) VIolation of a provision of ORS

466.605 to 466.680 or of any rule or order

36-653
466.995 PUBLIC HEALTH AJ.'ID SAFETY

entered or adopted under ORS 466.605 to466.680 is punishable, upon conviction, by a

fine of not more than $10,000 or by imprisonment in the county jail for- not more than

one year or both. Each day of. violation shall

be considered a separate offense.

(4) Any person who knowingly or intentionally violates any provision of ORS

466.706 to 466.835 and 466.895 or the rules

adopted under ORS 466.706 to 466.835 and

466.895 shall be subject to a criminal penalty

not to exceed $10,000 or imprisonment for

not more than one year or both. Each day of

violation shall be deemed a separate offense.

(5)(a) Any person who knowingly or

willfully violates any provision of ORS

465.200 to 465.455 or any rule or order

adopted or issued under ORS 465.200 to

465.455 shall, upon conviction, be subject to

a criminal penalty not to exceed $10,000 or

imprisonment for not more than one year, or

both.

(b) Each day of violation shall be deemed

a senarate offense. (Formerly 459.992; (3) enacted

by 19S5 e.133 §18; 1987 e.l58 §93; subsection (4) enacted as 1987 e.539 §38; subsecticn (5) enacted as 1987 c.735

§24]

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36-654 o