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### APPENDIX C

OREGON HAZARDOUS WASTE STATUTES (ORS 466, 468)

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1991EDITION


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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 ofdepartment 466.020 Rules and orders
406.025 Duties ofcommisslon
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 ofpermit 466.065 Applicant for renewal to comply with

### oas 466.055
CHazardous Waste) 466.06S Technical 3SSistance and information pregram for gener:ltors ofha%ardous waste
466.070 Standards for rules 460.075 Rules for generators ofhazardous waste 46&.080 Rules for transportation of ha%ardous waste 466.086 Gaining federal authori%ation 466.090 Inspection and copying ofrecords authorized; exceptions 466.09"5 Hazardou.s waste to be stored. disposed of

or treated atpermitted site; exemptions 466.l00 Disposal of waste restricted; permit reoqtUred
466.l05 Duties ofpermittee
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 ofhearings 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 ofapplications; i.s.suanCtl 466.l45 Review oftreatment applications; ts.uance
466.150 Permitrequirements 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 ofpermit;judicial review Disposition of. site or facility after revoca- tion; acquisition ofsite by department Department. authority to limit storage, disposal ortreatment

. 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" Disposalof.PCB restricted; permitrequired forPCB disposal facility

. Duties ofdepartment Rules forregulation ofPCB disposal Criteria for rules; study of. disposal methods Permitapplicationfor PCB disposalfacility Copies ofapplic3tion to be sent to affected state agencies Notice ofhearings on application Public hearing in area ofproposed facility required Examination of applications; recommendation to commission; decision as to issuance; notice to applicant Restrictions on commission authority to issue permit

. Investigation ofcomplaints; hea.riJ2g; order Monitoring, inspe1:tion and surveillance program; acce511 to facility and records

. Procedure for emergency Conditions for hold.ingpermit Annual fee AcquUition by state of real property for disposal ofPCB Consequences ofrevocation Restrictions on treatment or disposal of PCB at facility PCB fac:illty pennit fee Post-elosure pennit; fee Interstate cooperationregardingtoxies use and hazardOU3 waste reduction**pro~** Requirements for.cert:a..Ui generator.! of ha%ardous wastes-1989 c..S33 §99

36-605

### PUBLIC HEALTHAND SAFETY**~2S ~15** 

FINANCIALASSISTANCE PROGRAMS FOROWNERS 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**~)** OREGONH.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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o Applic::ltion ofORS 466.706 to 468.835_ Legislative findings (Administration) Statewide underground storage tank pro. gram; federal authorization Limitation on local governmentregulation Delegation of program administration to state agency or local government by agreement Cooperation with Building Codes Agency and State Fire Marshal Noncomplying installation prohibited Commissionrules; 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.orrevoc::ltion ofpermit

. 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; otherremedies Financial responsibility of owner or permittee Reimhursemei:lc to department; procedure for collection; treble d.amages Strictliability ofownerorpermittee Haltingtankoperationupon 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 ofitems 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

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SPILL RESPONSE AND**CI.EAJ.~** OF HAZARDOUS MATERIALS
Dennitions for

### oas 468.605 to 466.680
466.610 Department authority relating to cleanup ofoilor hazardous material 466.61S Limit on commission and department au. thority overradioactive**subs~ces** 406.S2O Emergencyresponse plan 466.62S Rulemakjng
466.S3O Com.mis5ion designation of substance as hazardous material 466.635 Report of spill Or release of reportable quantity ofhazardous 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 RemedialAction 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 ofcleanup; record; damages; order; appeal PACIFIC STATES AGREEMENT ON RADIOACTIVE 1'rIATERIALS 1'RAl,'fSPORTATIONi'tIANAGD1ENT

.

Pacific States Agreement on Radioactive 1'YIaterials TransportationManagement Governor to designate member ConfederatedTribes ofthe UmatillaIndian 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 ifno objection

. 4OEW"75 Filing ofnotice; content ofnotice 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 bulkpetroleum Cee that is to be implemented if 

### oas 319.02.5 unconstitutional are compiled

as notes following·ORS 460.835) 

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• FEDERAL SITE SELECI'ION <Temporary provisioDS relating to federal site selection are compiled as notes followingDRS 466.S35.)

CIVIL PENALTIES 466.l3SO CivilpeDa1ties generally 4S8.89O Civil penalties for damnge to wildlife roesultiDg from contamination offood or wa- ter supply 406B95 Civil peDa1ties for violatiODS of underground storage tankregulatioDS

CRIMINAL PENALTIES 466.995 CrimiDalpenalties


### 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 Publichealthmeasures, toxic substances. 433.216 Radioactive waste. 469.530 to 469.559 Solid waste; Cbs. 459. S69A Transportofhazardous"materials. regulation, 761.370 to 761.421 Volunteering assistance or advice related to clean up ofhazardous 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 ofPollution Control Fund to fund Orphan Site Account, 468.220
488.705

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Pollution prevention or essential services grant. 316.8:34
466.791 Funding for Underground Storage Tank Compliance and CorrectiveActiOI1 Fund, funding, 468.220

36-607

### PUBLIC HEALTHAND SAFETY

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### HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.005



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• STORAGE, TREATMENTAND 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 ofEnvironmental Quality. (3) "Director" means the Director ofthe DepartmentofEnvironmental 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 ofone or more treat-

.meat, storage ordisposal operational 

### units. (6) "Generator" means the person, who by virtue ofownership, management.or control, is responsible for causingor 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 ofthe 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 orcombination ofsubstances intended for the purpose of defoliating**~l~':ts** or for the preventing, destroying, repe . g or mitigating of insects, fungi, weeds, rodents or predatory anjmais, including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and rodenticides. (b) Residues resulting from any process ofindustry, manufacturing, trade orbusiness

or government or from the development or recover; of any natural resources, if such residues are classified as hazardous b:rorder of the commission, after notice and public hearing. For purposes of classification, the commission must find that the residue, because ofits 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- 

### tialhazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (c) Discarded, useless or unwanted containers andreceptacles used in the transportation, storage, use or application of the substances described in paragraphs (a) and (b) ofthis 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 identifyingthe quantity, composition, andthe origin, routing and destination ofhazardous waste during its transportation from the point ofgeneration to the point ofdisposal, treatmentor 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 ofyears, in
a manner that does not constitute disposal ofthe 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 HEALTHAND 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 treatmentor disposal ofhazardous waste and PCB within Oregon. (b) 

### Therefore, the Legislative Assembly

.declaresthatitis thepurposeof ORS466.005 to 466.385 and466.890 to: (A) 

### Protect the public health and safety and environment ofOregon to the maximum extentpossible; (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 treatmentordisposal ofhazardous waste and PCB in Oregon to materials originating in 

### the states that are parties to the Northwest Interstate Compacton Low-LevelRadioactive WasteManagementunderORS 469.930; and (D) 

### Limit to the extent possible the size ofany hazardous waste or PCB treatment or disposal facility in 

### Oregon to a size equal to the amount ofwaste and PCB originating'in 

### Oregon, Washington. Idaho andAlaskaofthe type handledby such a treatmentor 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 ofthe State of Oregon to give priority in managing hazardous waste in Oregon to methods that reduce the quantity and toxicity ofhazardous waste generated before using methods that reuse hazardous waste, recycle hazardous waste that cannotbe reused, treathazardous waste
or disEose ofhazardous waste by. landfilling. (1985 c.b7043;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 permittingofhazardous waste treatment, storage and disposal sites in consultation with 

### the appropriate county gov- erningbody orcity council.

. . (2)Coordinate andsupervise all

### functions ofstate and local governmental agencies'engaged in activities subject to the provisions of ORS 466.005 to 466.385 and466.890. (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 longerhazardous. (Formerly 459.430; 1987c.540 §51 

### 466.020 Rules andorders. In 

### accordance with 

### applicable provisions orORS 183.310 

### to 183.550, the commissionshall: (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, main

### tenance, monitoring, reporting and super-

.vision oftreatment, storage or disposal sites, and requirements and procedures for selection ofsuch sites. (2) 

### Adopt rules and issue orders thereon relating to the procedures ofthe department with respect to hearings, filing of reports, submission ofplans and the issuance, revocation and modification of permits issued underORS 466.005 to 

### 466.385 and466.890. (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 exemptingcertain classes ofgenerators from suchrequirements. (5)Adopt rules and issue orders relating to the transportation ofhazardous waste by air

### orwater. (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 protectpublic health or the environmen.t, for all 

### releases of hazardous waste or constituents of hazardous waste occurririgfromlocations within the facility or originating within the facility 

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### HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.045

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• and releasing beyond the facility boundary, from any hazardous waste treatment, storage
or disncsalfacility, regardless ofthetime 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; 1989e.833 §1121 Note: 

### Seenotaunder466.355. 

### 466.025 Duties ofcommission. In order to carryoutthe provisions of ORS 

### 466.005 to 

### 466.385 and

### 466.890, the commissionshall: (1) Limit the number offacilities 

### disnosing of or treating hazardous waste or PCB; (2) Establish classes of hazardous waste or PCB thatmay be disposed of or treated; (3) Designate the location of a facility designed to dispose of·or treat hazardous waste or PCB; and (4) Limitto the extent otherwise allowed by law, thehazardous wasteor PCB accepted for

### treatment-or disposal at a facility first to hazardous waste or PCB originating in**O~e~on,** or ifthe 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 ofclasses offacilities 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 

### 466.025to

### 466;065, 466.250,466.255 (2) and (3) and

### 466.260 to 

### 466.320. (1985c.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 ofhazardous waste or PCB treated

or disposed ofat a facilityinorderto protect the 

### publichealth and safetyandenvironment ofOregon, (1985c.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 wasteor PCB treatment or disposal facility according to the criteria established in ORS 

### 466.055, the commission shall establish an application period during whichpersons 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. (1985c.670§lOj 1987 c.540§16] 

### 466.045 Application form; contents; fees; renewalapplication. (1)Uponrequest, 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 offinancial 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

### ofsuch 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 treatmentor disposal site and facilities to'be operated in conjunction therewith, and such additionalinformation, data and

### 'reports as it deems necessary to make a decision 

## on i" granting or denying a permit.

.. (3) Ifthe 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 ofissuing a permitforthetreatment, 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) Ifthe 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 estimatedfee. the applicantshallpay.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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36-611466.050 

### PuBLIC HEALTHAND SAFETY

I . 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; 1987c.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 ofsuch 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 memberofeach committee.

. (2)**Th~** advisory committees appointed under subsection 

### (1) ofthis section 

### shall review applications during an application period establishedunder ORS 466.040 andmake recommendations on the applications to the commission. (1985c.6iO§121 466.055 Criteria**fo~** newfacility. 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 departmentoranyutherinterestedparty, thattheproposedfacilitymeetsthefollowing criteria: (1) The proposed facility location: (a) Is suitable for the type and amount. of hazardous waste or PCB intended for treatmentor 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 ofat 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 thatminimize 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 ofthose areas. (2) Subject to any applicable standards adoptedunderORS 466.035, the designofthe proposedfacility: (a) Allows for treatment or disnosal of the range ofhazardous waste or PCB as requiredby the commission; and (b) Significantly adds to: (A) The range ofhazardous wasteor 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 permittedunderORS 466.005 to 466.385. (3) The proposed facility uses the best available technologyfor treating or disposing ofhazardous waste orPCB 

### as detennined by the department or the United States Environmental ProtectionAgency.

. (4) The need for the facility is demonstratedby: (a) Lack of adeCl.uate current treatment
or disposal capacity In Oregon, Washington, 

### Idahoand Alaska to handle hazardous waste or PCB generatedby Oregoncompanies; (b) A finding that operation of the proposed facility would result in a higher level ofprotection ofthe'public health and safety
or environment; or

.. (c) Significantly lower treatment or disposal costs to Oregon companies. (5) Theproposedhazardous wasteor PCB treatment or 

### disposal facility has no major adverse effect on either: (a) Public health and safety; or (b) Environment of**e.~acent** lands. (1985 c.570§5; 1987c.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 ordisnose ofhazardous 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 ofthe owner including any parent com:pany ofthe 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 and466.890
or any condition imposed on the permittee by the commission.

. (2) Ifrequested .by the permit applicant, iDformation submitted 

### as confidential under paragraph(a) ofsubsection (1) ofthis section shall be maintained confidential and exempt from public disclosure to the extent provided by**G~on** law. [1985esro 47; 1987

### e..549 §l9; 1989 e.B33 §:f/I

. 466.065 Applicant 

### forrenewal 

### to complywith

# ons 466.055. As a conditionto the issuance of 

### a renewal permit under GRS 466.005 to 466.385 and 466.890, the commissian may require the applicant 

### to comply 

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### HAZ.-\RDOUS WASTE 

### AJ.'IT> HAZARDOUS ::YIATERIALS II 

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• with all or some of the criteria set forth in ORS466.055. (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;

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# . (d) 

### Publications and workshoos directed at specific types of conditionally exempt generators. (2) Technical assistance services orovided under this section shall not result in in

### snections 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 ofhazardous 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 ofa dangerous uncontrolled reaction, the release of leachate, noxious gases or odors, fire, explosion or the

.discharge ofthe hazardous wastes; and (b) The amount ofland 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) ofthis 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) Identifythemselves 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 ofsuch 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 

### disnosalfacilities (otherthanfacilities 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 ofhazardous waste. (3) The commission by rule may exempt certain classes or tvties ofhazardous 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 incapacitatingreversible 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 proVlae

A for a snecial cermic for the treatment or hazardous

## waste on the premises ofa 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::::.erly469.4-45;

### issr c...=40 F1 

### ..\-

". ';-'.**r~l**

36-613466.080 

### 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 ofthe 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 (Formerly459.455; repealed by 1987 .:.540§53 (466.086

## enac::ea. in lieu of466.085)] 466.086 Gaining federal authorization. (1) The commission and the decartment are authorized to oerform or cause to be oerformed any act·necessar.rto gaininterim·a.n,d final authorization ofa 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") ofthis 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 ofany person requestingconies.



## - .. (2) Unless classified by the director as conI1dential, any records. reports orinformation 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 ofsuch 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 underORS 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. Ifthe 

### records; reports or information has been submitted to the state under a claim ofconfidentiality, the state shall make that claim ofconfidentiality 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 and466.890. (2) The commission may exempt certain classes of hazardous waste storage or treatment 

### sites from part or all ofthe permitting reouirements for these sites. Such 

### an exemotion can only be made ifthe commission finds that. because of the quantity, concentration or type of waste or duration of storage, such a class ofstorage 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 directormay 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) ofthis section, no nerson shall disncse of any hazardous waste anywhere in this state except at a h.azardous waste dis

# o

o

o

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 ofspecified 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 underprocedures 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 ofpermittee. 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 min

### imization activities tor any hazardous waste generated on the premises. (3) Participate in 

### the manifest system designedby the"department.**(~)** 

### Maintain current .contingency plans to minimize damage from spillage, leakage, explosion, fire or other accidental or intentional event. (5) Maintain sufficientliabilityinsurance

or equivalent financial assurance in 

### such amounts as determinedby the department to be reasonably necessary to protect the environment and the health, saiety and welfare ofthe people ofthis 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, familiarizationwith all contingency plans. (7)Maintainotherplans and exhibits and take other actions pertaining to the site and its operation as determined by the denartment to be reasonably necessary to oroteet the.public health, welfare or safety 'or the environment,**(~)** 

### Restore, to the extent reasonably practicable, the site to its original condition when use ofthe area is terminated. 460.107



### (9) Maintain a cash bond or other equivalent financial assurance in the name ofthe 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 ofall penmt requirements. 

### The'financial assurance shall remain available for the duration of the pennitanduntil the siteis closed, exceptto the extentitis releasedormodified by the department. (10) Provide corrective action, including 

### corrective action within the facility or beyond the facility boundary when determined by ti:e'departmentto be necessary to protect public 

### health, welfare, safety or the environment, forall 

### releases ofhazardous wastes or constituents of hazardous waste, occurring from locations \vithin the facility or originating within 

### the facility and releasing beyond the facility boundary, regardless ofthe 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 obtainedover a oermittee likelvto be solvent at the time ofJudgment, any" claim 

### arising from conduct for which evidence offinancial responsibility is required under ORS 466.105 (5) and (9) may be asserted directly against the guarantor providing the evidence of fl

### nancial 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 againstthe guarantorby the permittee. (2) The total liability of any guarantor shall be limited to the aggregate amount the guarantorhas provided as evidence offinancial 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 liabilityof aguarantorfor badfaith eitherin 

### negotiating or in 

### failing to negotiate the settlementofany claim. (3) As 

### used in 

### this section, "guarantor"

means any person other than the'permittee, who provides evidence of financial responsi36-615466.110 

### PUBLIC HEALTH AND SAFETY

bility for a permittee under ORS 466.105 (5) 

### or (9). (1987c.540§3J 466.110 

### Application; form. (1) 

### The departmentshallfurnish an applicationform to anyone who wishes to operate a hazardous waste storage or treatment site. (2) In addition to information requested

on the applicationform, the departmentshall also require the submission ofsuch 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 ofdisposal, the proposed method of pretreatment or decontamination upon the site, if 

### any, and the proposedemergency measures to be provided

, at such site. (2) A description ofthe size and type of facilities to be constructed ucon the site, including the height and type"offencing 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 maximumcapacity of such facilities, the location and

.source ofeach water supply to'be used and the location and the type of, fire control facilities to be provided at such site. (3) Apreliminaryengineering sketch and flow chart showing proposed plans and specifications for the construction and developmentof the site andthe waste treatmentand water supply facilities, if

### any,'to be used at such site. (4) The exact location and place where the acplicant procoses to operate and main

### tain ilie site, mcfuding the legal description ofthe 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 ofsuch waterresources. (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 shallinclude at a minimum:

. (1)Thename and address ofthe acclicant and the exact location ofthe proposed storage ortreatment site. (2) 

### Estimates with respect to compositions, quantities and concentrations ofany 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 ofwater supply and drainage facilities and traffic flow. (4) A description ofsecurity 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 ofany person who will 

### be responsible formanagingthe operationof the site and a statement,of the qualifications of such persons. (6) The name of the liability insurance carrierwho willprovide coveragerequiredin ORS 466.105. (Formerly 459.545; 1987c.540 §24J 466.125 

### Notice ofhearings 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 mannerreasonably calculated to notify interested and af

### fected persons ofthepermit 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 shallcontaina 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 applicantmay presentthe application and the public may appear or be represented in support of or in opposition to the applica- tion. (Formerly459.560] 466.135 

### Recommendations by state agencies on applications; effect. Upon receipt ofan application for a hazardous waste disposal site permit, the department shall

cause copies 

### ofthe application to be sent to affected state agencies, including the Health Division, the Public Utility Commission, the State Fish'and Wildlife Commission and'the WaterResources Director. Each agencyshall respond by mak:ing a recommendation as to whether the permit application should be granted. 

### Ifthe 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 grantthe permit. [Formerly 459.570; 

### 1987**~40** §261 466.140 

### Review of applications; issu

### ance. (1) 

### The department shall examine and review all 

### hazardous waste disposal site permit aoolications submitted to it and make such investigations as itconsiders necessary, and 

### make a recommendation to the commission as to whether

### to issue the permit, (2) 

### Afl:erreviewing the department's recommendations under subsection (1) 

### of this section, the commission shalldecide whether or not to issue the oermit. It shall cause notice ofits 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; issuance, (1) 

### The department shall review' and cause 

### to be investigated all hazardous waste treatment site permit applications submitted to it. (2) 

### Afterreviewing and investigating the application, the department shall decide whether or'not to issue the permit. 

### It shall

causenotice of

### its decisionto be givento the applicant by certified 

### mail at the address designated in'

### the application. The decision 'ofthe departmentis subjectto review by the ' commission under the provisions of ORS 183.310 to 183.550 

### governing contested cases. [Formerly459.585; 1987 c:.54O §28] 466.150 Permit 

### requirements. Each hazardous waste disposal 

### site permittee 

### underORS 466.005 to 

### 4·66.385 and 466.890 shall be requiredto dothe 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 andthe rules adopted thereunder. (2) 

### Commence operation, management or supervision of the hazardous waste disposal site on completion ofthe project and not to pennanently discontinue such operation, management or supervision ofthe site

...vithout the approval 01 

### the department. (3) 

### Maintain sufficientliabilityinsurance

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 ofthe people ofthis state. (4) 

### Establish emergency procedures and safeguards necessary to prevent accidents and reasonablyforeseeable 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 ecuiv

### alent financial assurance in the name

## otthe state and in 

### an amount estimatedby the department to be sufficient to cover any costs of closing the site, including corrective actions, andmonitoringitor providingforits security afterclosure, 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 shallremain

on depositforthe duration ofthe permitand "," until the end of the post-closure period, except as the assurance may be releasea or modified bythe department. (7) 

### Report periodically on the volume of material received at the site, the fees collected therefor and waste minimization ac

### tivities for any hazardous waste generatedon the premises. (8) Maintainotherplans andexhibits and take otheractions 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 ofland 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 licenseunderORS.466.150 (l) (1985 ReplacemenePare) that the staee deeds back to the**lice~ee.** (2) Anyreal 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

36-617466.155 

### PUBLIC HEALTHAND SAFETY

i. 466.155 

### Acquisition by condemnation. The commission may acquire real property for the disposal of hazardous wastes by in

### stituting condemnation proceedings therefor to be conducted in 

### accordance with 

### ORS chapter35. (Formerly459.595J 466.160 

### Site permit fees; disposition; withdrawal by permittee. (1) 

### The hazardous waste treatment, storage or disposal site permitshallrequire a fee basedeitheron the volume·ofmaterial accepted at the site or a percentage ofthe fee collected, or both. The fees shallbe calculated in 

### amounts estimated to produce over the site use period a sum sufficientto: (a) Secure performance of permit re-**qmrem~ts;** 

### . (b) Close the site;

. (c) Provide for any monitoring or**s~cu** 

### rity 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 shallbe 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 ofthe financial assurance may be withdrawn. (Formerly

. 459.600; 1987c.2S4**~3;** 1987**~40** §12J

. 466.165 

### Annual fees; use. (1) An 

### annual fee may be required ofevery 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 thereforby 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 programunderORS 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). (Formerly459.610; 1987**~40** §2.9; 1991 c.121 g3l 466.170 

### Revocation ofpermits;judicial review. The commission may.revoke any permit issued under ORS 466.005 

### to 466.385 

### and 466.890 

### afterpublic 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. (Fonnerly459.620; 1987 §30] 466.175 

### Disposition of site or facility after revocation; acquisition of site by department. (1) If

### the commission revokes

a permitunder ORS 466.170, 

### the commission may: (a) Close an existing hazardous waste disposal site orfacility; or (b) Direct the department to acquire an existing facility or site for the disposal, storage or treatment ofhazardous waste according to the provisions ofsubsection (2) ofthis section. (2) The department may, upon direction of the commission and upon payment ofjust compensation, acquire and own an existing facility or site for use inthe disposal, storage
or treatment ofhazardous waste. In 

### orderto
secure such a site, the commission may modify or waive any of the requirements 'of ORS chaoters 459 

### and459A 

### 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 necessaryto 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 anyhazardous 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 shallmonitorthe origin 

### and volume ofhazardous waste received at a hazardous waste treatment or disposal site and may 

### curtail or reduce the volume of the wastes thatmay 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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I· 36-618

### HAZARDOUS WASTE AL'ID HAZARDOUS MATERIALS II 

# •

•

• 466.890 or the rules adopted under ORS 466.005 

### to 466.385 and466.890.

. (2) 

### If, after making an investigation under subsection (1) ofthis section, the depart-

.mentis 

### satisfiedthat sufficientgrounds exist

to justify a hearing upon the complaint, it shallgive 10 days' written notice ofthe time and place ofthe hearing and the matters to be considered at the hearing. A 

### copy ofthe 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 orderissuedby the commission under this subsection shall be subjecttojudicial review in 

### the mannerprovided by ORS 

### 183.480 forjudicial review of orders in 

### contested cases. The costs of reporting and of transcribing the hearing for the purpose ofjudicial 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 and466.890 or not in compliance with rules or orders, the department may, upon its own motion, investigate the operationofthe site. (2) The department may, after it has made an investigation under subsection (1) of this section, without notice and hearing, make suchfindings andorders as itconsiders 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 ofthe permit.

. (4) The department shall deliver a certified copy of all orders issued by it under subsection (2) ofthis 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 shalltake 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 forjudicialreview of contested cases. cForI:lerly 459.660; 1987c.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 orprivate 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 ofthe 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 

### ofORS 

### 466.005 to 466.385, any of

### ficer, 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 ofortransported.from; and (b) 

### Insnect and obtain samples from any person ofany such waste and

### samples of

### any containers or labeling for such waste. (Formerly459.6iO; 1987 c.540**~14]** . 

### 466.200 Procedure for emergencies. (1) Whenever, in 

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

### or water transucrter or hazardous waste dis

### posal, 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 haltedby service ofthe order on the site superintendent.

36-619

### PUBLIC HEALTHAND SAFETY 466.205



### (2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitablereliefrequiredto protectthepublic health, welfare or safety or the environment and may begin proceedings 

### to revoke the p_ermit if 

### grounds for revocation exist. (Formerly459.681>; 1987c.540 §34] 466.205 Liability

### for improperdisposal of waste; costs; 

### lien for department expenditures. (1) 

### Any 

### personcwninga facility which generates, treats, stores ordisposes of and any person having the care, custody or control of a hazardous waste or a substance whichwould be a hazardous waste exceptfor the fact that it is not discarded, useless or unwanted, who causes or permits any disposal ofsuchwaste orsubstance inviolation of law or otherwise than 

### as reasonably in

### tended for normal use or handling of such waste or substance, includingbutnot limited to accidental spills thereof, shallbe liablefor the damages to 

### person or property, public or private, causedby such disposition, (2) 

### It shall be the obligation ofsuch person to collect, remove or treat suchwaste or substance immediately, subject to such direction as the department may give. (3) If

### such person fails 

### to collect, remove ortreat suchwaste orsubstance whenunder
an obligation to do so as provided by subsection (2) ofthis section, the department is authorized to take such actions as are necessary to collect, remove ortreat suchwaste
or substance. (4)The director shall keep a recordofall necessary expenses incurred in 

### carrying out any cleanup projects or activities authorized under subsection(3) ofthis section, including reasonable charges for services performed and equipmentandmaterials utilized. (5) Any person who fails to collect, re

### move or treat such waste or substance im

### mediately, whenunderan obligationto do so
as provided in subsection (2) ofthis 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) ofthis 

### section. (6) If 

### the amount of state-incurred expenses under subsections (3) and (4) ofthis sectionare notpaidto the departmentwithin 15 days 

### after receipt of notice that such expenses are due and owing, the Attornev General, at the request ofthe director, shall bring an action in the name of the State of Oregon in 

### any court of competentjurisdic- tion to recover the amount specified in 

### the final orderofthe director; 

### (7) All expenditures covered by this section and all penalties and damages forwhich
a person is 

### liable to the state under this chapterand ORS chapter465 shallconstitute
a lien upon any real and personal property ownedby suchperson.

.

. (8) 

### the department shall file a claim of lien on real property to be charged with a lienunder subsection (7) 

### ofthis section with the recordingofficerofeach countyinwhich 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 sectionwith the SecretaryofState. The lien shall 

### attach and become enforceable on the date ofsuch filing. The lien claim shall contain: (a) Astatementofthe demand; (b)Thename ofthepersonagainstwhose property the lien attaches; (c) A 

### description ofthe 'O]:".operty charged' with the lien sufficientfor identification; and (d) A 

### statement ofthe failure ofthe person to perform the cleanup or disposal. compliance and corrective action and pay penalties anddamages as required. (9) 

### Alien createdby this section maybe foreclosed by a suit on real and personal property in the circuit court in the manner**~rovided** 

### by law for the foreclosure ofother 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 forwhich,the personis liableunder the provisions ofthis chapter. (Formerly459.685; 1987c.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 orjJractices which constitute a violation of ORS 466.005 to 466.385 and466.890 ortherulesand.orders adopted thereunder or of the terms of.the permit, withoutprioradministrative hearing, the department may institute actions or proceedings for legal or equitable remedies to 

### enforce compliance therewith or to restrain furtherviolations thereof. (Formerly459.6SO; 1.987 e.54O §351 466.215 

### Po5t-closure permit for dis

### posal site; fee. (1) At 

### the time a hazardous waste disposal site is 

### closed, the person permitted underOBS 466.110 to 466.170 to 

### operate the site, must obtain a post-closure permitfromthe department. (2) A post-closure permit issued under this 

### sectionmustbemaintaineduntiltheend ofthe post-closure period established by the commissionby rule. (3) 

### In order to obtain a post-closure permit the permittee must provide post-closure
care which shall include at leastthe following: 

# o

o

C)

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'mayby rule establish

a post-closure permit application fee. (Formerly459.695; 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 

### orhas beenstored, treated or disposed of, orthat 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 extentofthe hazard. (2) If

### a facility or site is not in operation at the time a detennination is made under subsection (1) 

### ofthis section and the department

### finds .that the owner of the facility or sitecouldnotreasonablybe expectedto have actual knowledge ofthe presence ofhazardous 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) 

### ofthis section. , (3) Within 30 

### days after the department issues an orderunder subsection (If

### or (2) 

### of this section, the personto whom the orderis 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 ofthe hazard.

: (4) 

### Ifthe 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 owneroroperatorable 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 ofthe hazard associated with the facility or site; or (B) 

### Authorize another state agency, local authority orperson to conductthe 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 ofany action carried out by the department under subsection (4) 

### of this section 

### ifthe 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 subjectto the provisions set forth in ORS 466.190 

### and 466.200.

" (7) 

### In order to carry out the provisions ofthis section, the owner or operator ofthe 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) 

### ofthis; section. (1987c:.540 §2] '5
(PCB 

### DisposalFacilities)
466.250 

### Definition of "PCB 

### disnosal facility."As 

### used in ORS 466.250. 466.255 (2) 

### and (3) 

### and466.260 

### to 466.350, 

### "PCB disposal**facili~** 

### includes a facility for the treatment
or disposal ofPCB. (1985 c:.670 §13] 466.255 

### Disposal of PCB restricted; permitrequiredfor PCB disposalfacility. (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 

### to466.350.

. (2) 

### No person shall treat or dispose of any PCB anywhere in 

### this state except at a PCB disnosal 

### facility operating under a per

### mit 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

# aPCB 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 

### ofdepartment. 

### The departmentshall: . f'( «:

36-621

### PUBLIC HEALTH Ai'ID 

### SAFETY 466.265

(1) 

### Provide for the administration, enforcement and implementation of ORS 466.025 to466.065, 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 constructionof a PCB disposal facility; and (b) 

### Forthe permitting of a PCB dispcsal facility in consUltation with the appropnate county governingbody orcity council. " (2) 

### Coordinate andsupervise all-functions ofstate and local governmental agencies engaged in activities subject to the provisions ofORS 466.025 to466.065, 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, mini
### mum requirements for operation, maintenance, monitoring, reporting and. supervision of disposal facilities,-and requirements and procedures for selection ofsuch facilities. (2) 

### Adoptrules and issue orders relating to the procedures ofthe departmentwithrespect to hearings, filing of reports, submission ofplans "andthe issuance, revocation and modification of permits issued under ORS 466.005 to 466.385. [1985 c.SiO §16; 1987c:.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 ofthe PCB in a manner that 

### will minimize the possibility of adverse effects on the public health and safety orenvironment. (2) 

### 'The department shall investigate and analyze in detail the disposal methods and procedures

.required to be adopted by rule under subsection (1) 

### ofthis 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- erationof the facility includingthepersonto be responsible for the operation ofthe 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 emergencymeasures to be provided at the facility. (2)

## A description ofthe 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 ofsuch facilities, the location and source of each water supply to be used and the 10-, cation and the type offire control facilities to be provided at the facility.

. (3) A 

### preliminaryengineering sketch and 

### flow chart showing proposed plans and snec

### ifications 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 lezaldescription ofthe 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 ofwater. resources includina but not limited to possible sources of

### su~h contamination. (6) 

### The names and addresses ofthe ap

### plicant's current or proposed insurance.carriers, including copies of insurance policies thenin effect. (1985 c.670 §18; 1987 c.54O §40]

. 466.280 

### Copies of application to be sent· to affected:**s~te** 

### agencies. Upon re

### ceipt of an application for a PCB disposal facility permit, the department shall**caus~** 

### copies of the application to be sent to at

### fected state agencies, including the Health Division, the Public Utility Commission, the State Fish and Wtldlife Commission and the WaterResources Director. Each agencyshall respond within 

### the period specified by the department by 

### makirig a 

### writte,I:t**reco~~n** 

### dation 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 ofhearings on application. (1) 

### Priorto 

### holdinghearings 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 ofthe permit application. 

# o

o

o

36-622

### HAZARDOUS WASTE AND HAZARDOUS l'YIATERLo\LS II 

# •

•

• (2) The notice shall contain information regarding the approximate location ofthe 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, thenotice shallcontain a statement that any person interested in or affected by the proposed PCB disposalfacility shallhave otJ.F.ortunity to testify at the hearing. (1985 C.tHO§20; 1987c.54O §421

. 466.290 

### Public hearing 

### in area ofproposed 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 submittedto the commissionand 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 ofits 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;1987c.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 violationof a condition ofthe.oneratcrs 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 adoptedunder 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 ofthe 

### complaintto the personholding the permitto operate the PCB disposal 

### facil- . ity

.. (2) 

### If, after making an investigation under subsection (1) ofthis section, the departmentis satisfiedthat sufficientgrounds exist to justify a hearing upon the complaint, it shall give 10 days' written notice ofthe time and place ofthe 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 atthe 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 orderissuedby the commission under this subsection shall be subject tojudicialreview 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 ofjudicial re:n7w 

### shall be**pai~** . by the PartY seeking judicial review. (1985:'- c.670§24; 1987c.340§45]

. 466.310 Monitoring, inspection and: surveillance program; access to facility andrecords. 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 oroermittee 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 healthor safety orto the environment exists from the continued oneration of the facility, without hearing or prior notice, the departmentshall order the ooeration of the facility halted by service ofthe orderon the facility operator or an agent ofthe operator. (2) Within 24 hours after the order is served, the department must appear in the aourcnriate circuit court to oetition for the ecrwtible reliefrequired to protectthe public health or safety or the environmentand may begin proceedings to revoke the permit if

36-623466.320 

### PUBLIC HEALTH AND SAFETY

grounds forrevocation exist. (1985e.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 holdingthe 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 ofthe department. (3) Maintain 

### sufficient liabilityinsurance

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 reasonablyforeseeable risks. (5). 

### Restore, to the mant reasonably practicable, the area ofthe facility to its original condition when use ofthe area is terminated as a facility. (6) Maintain 

### a cash bond or other equivalent financial assurance in 

### the name ofthe state. and in 

### an amount estimatedby 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 anyremedialactionbythe state necessary to protect the 

### public health and safety and 

### the environmentfollowing facility closure. The financial assurance shall remain on deposit for the duration of the permit.and until the end ofthe 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 andits 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 ofat the facility andthe manner in 

### which the PCB was stored, treated, transported or disposed of. The records shall be retained for the periodoftime determinedby 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 includingbutnotliinited to familiarization with 

### all contingencyplans.

. . (11) 

### Ifdisposal is by incineration, the facility

### must also incinerate a reasonableratio ofhazardous 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 appro

### priated to the department to pay the cost of theprogramunderOBS 466.310. [1985

### esro §2S; 1987 c.54O §49)

. 466.330 

### Acquisition by 

### state of real property

### for disposal ofPCB. The commission may acquire real property for the dis

### posal 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) 

### Ifthe commissionrevokes 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 treatmentofPCB accordingto the provisions. ofsubsection (2) 

### ofthis section. (2) 

### The department may, upon direction from the commission and after payment of just compensation, acquire and own an ex

### istingfacility for use inthe disnosal ofPCB. 

### In order to secure such a facility, the commission may modify or waive any ofthe re

### quirements 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 waiveror modification: (a) 

### Is necessary to 

### make operation of the facility economicallyfeasible; and (b) 

### Will not endanger the public health and safeS(.or the environment. [1985 e.5iO §30; 1987 c.54O §50] 

# o

o

o·

36-624

### HAZARDOUS WASTE AND HAZARDOUS MATERLJ\LS II 

# .'

•

• 466.340 

### Restrictions on treatment or disposal ofPCB 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 orthe environment. (2) 

### The department shallmonitorthe origin andvolumeofPCB receivedata 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 

### facilityis economically feasible. (3) 

### The department shall not accept any PCB at adisposal 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. (1985c:.670 §311 466.345 

### PCB facility permitfee. (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 secu

### rity ofthe 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 envi

### ronment. (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 ofthe financial assurance required under ORS 466.320, 

### the permittee shall.be allowed to withdraw the financial assurance. (3) If

### the facility is closedbefore the fees reach an amount equal to 

### the financial assurance. appropriate adjustment shall be made and the reduced oortion of the finan

### cial assurance may be Withdrawn. (1985

### e.sro §32; 1987c.284 §4; 1987c:.54O §511 466.350 

### Post-closure permit; fee. (1) 

### At the time a PCB disposalfacility 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 

### ooeratethe facility must obtain a post-closure p'ermitfromthe department. 466.360



### (2) A post-closure permit issued under this sectionmustbe maintaineduntilthe end of the post-closure period established by the commissionby 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 disposalfacility; and (b) Arly 

### remedial action necessary to protect the public health and safety and environment. (4,) 

### The commissionmaybyrole establish

a post-closure permit application fee, (1985 c:.67ll §33; 1987c:.540 §521

. 466.355 

### Interstate cooperatdca-regard

### ing taxies 

### use arid 

### hazardous waste reduction programs. (1) 

### The Department of Environmental Quality shall work with rep

### resentatives 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 fa

### cilityhas implemented a toxies usereduction and hazardous waste reduction program substantially eouivalent to any toxies use re

### duction and hazardous waste reduction program required ofOregon generators. (2) 

### The deoartment shall reoort to the appropriate legislative interim coi:nmittee on the department's progress in carryingoutthe 

### purpose ofsubsection (1) 

### ofthis 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'Dlementeda toxies usa reductionandh.a%.ardouswaste 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 operativeuntilJanuary 1. 1993. PursuanttoORS 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 ofth:i:s Aa on or before January 1. 1993. (1989c:..S33 §ll9J**NOTICEOFE~ONM&'IT.~** 

### HAZARDS 466.360 

### Policy. (1) 

### The Legislative As

### sembly finds that: 

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

### property within 

### Oregon that may restrict future land developmentor con36-625466.365 

### PUBLIC HEALTHAND SAFETY

I I • stitute a potential hazard to the health, safety and welfare of Oregon's citizens, particularly ifpresent 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 ofwaste upon real. property protect the health, safety and welfare ofOregon cit

### izens only ifadequate notice of·

### pcst-clcsure

use restrictions is givento future purchasers ofthe 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. (1985c.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 adoptedunderORS 183.310 to 183.550: (a) 

### A list of sites for which environmental hazard notices mustbe givenanduse restrictions must be imposed. The list shall be consistent with the policy set forth in ORS 466.360 and mayinclude any ofthe followingsites thatcontainpotential

### 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 definedby ORS 466.005; (e) A disposal site containingradioactive waste as definedby 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 ofthe final cover, liners or any other components ofany containment system or the function of the facility's monitoring systems, unless the departmentfinds that the disturbance: (A) Will notincrease the potentialhazard to human health or the environment; or (B) Is necessary to reduce a threat to humanhealth or the environment. (c)The form and content ofthe 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 providedby 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 and468B.315 

### shill not be listed as sites to be regulated under subsection (1) ofthis section. -. . . (3) Before hearings on and adoption of rules undersubsection (1) ofthis section, the department shall notify each person who

owns a disposal site or an owner or 

### ocerator of a facility ofthe rulemakingproceedings. (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 ofreceipt ofnotice under subsection (3) ofthis 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 ofOregon's citizens. (6) As used in 

### this section, "facility" has the meaning given

### in ORS 465.200. (1985d73 §3; 1987c.735**~25;** 1991 c.480 §lO) 466.370 Notice 

### to owner; hearing; filing ofnotice if no objection. (1) The department shall notify by certified mail any personwho owns a lot orparcel upon which

a disposal site listed under ORS 486.365 ex

### ists. The notice 

### shall: (a) Describe the disposal site and potentiallyhazardous environmental conditions; (b) Describe the use restrictions thatwill be imposed; (c)Exolain that an environmentalhazard notice will be sent to the annrcuriate city or countyunder ORS 466.375; and

. (d)Advisethepersonofthe procedurefor requesting a hearing under subsection (2) of this section.

. (2) If any person receiving notice under subsection (1) ofthis 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 mustbe 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'con

### tested case hearing in 

### ORS 183.413 to 183.497.

. (3) 

### Ifno hearing is requested within 20 

### days after receipt ofthe notice, the department shall filethe environmental hazard notice with 

### the appropriate cityor 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 ofthe lot orparcelupon which the disposal site is located; (2) 

### The restrictions that apply to postclosure use ofthe property; and (3) 

### Information regarding the potential environment

### nazards posed by the 

### disposal site to assist the cityorcountyin complying with ORS 466.385. (1985 c.2i3 §5] •
466.380 

### Interagency agreementfor 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 ofthe provisions of ORS 466.360 to 466.385 relating to radioactive waste

### disposal sites. (1985c:.273 §6)
466.385 

### Amendment ofcomprehensive plan and land use regulations; model language; appeal ofland 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 underORS 466.365. Theland use regulations shall provide that: (a) The city or county shall not approve any proposeduse ofa 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 proposeduse; and (b) 

### Within 120 days ofreceipt ofan environmental hazard notice from the Danartment ofEnvironmental 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 DepartmentofLand Conservation andDevelopment 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 Managementis enacted into law andentered into by the State ofOregon and entered into ,vith 

### all otherjurisdictions 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 ofthis 

### agreement to establish a committee comprised of representatives from each party state to further cooperationbetweenthe states on emergency response and to coordinate activities by the states to eliminate unnecessary duplication ofrules and regulations regarding the transportation and handling of radioactive material.The 

### ?arty states intend that this agreement facilitate both interstate commerce and protection ofpublic 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 ofshipments of radio-

.active material.

36-627466.450 

### PUBLIC HEALTHAND SAFETY

36-628

I

. 

### ARTICLE II Definitions As 

### usedin this agreement: (1) 

### "Carrier" includes common, private, and contractcarriers. (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 thattermin federal Departmentof Transportationregulationsfoundin49 

### 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 suchtransport. "Transportation" does not include permanent storage or disposal ofthe material.**ARTI~m** 

### Regulatory Practices (1) 

### The party states agree to develop model standards, not in conflict with federal law orregulations, for carriers ofradioactive. material to provide informationregarding: (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 materialtransportation; (d) The carrier's compliance with federal and state liabilityinsurance requirements.

. (2) 

### Consistent with federal law or regulations pertaining to transportation ofradioactive material, the party states also agree' to: (a) Develop modeluniformprocedures 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 methodforcoordinatingthe 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

### methodto allocate costs andclarify liability when a party state or its officers request or render emergencyresponse; (f) 

### Recommend parking requirements for motor vehicles transporting radioactive materials;

. . (g) 

### Coordinate state inspections ofcarriers; 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 managementofhazardous 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 ofthat state to confer with appropriate legislative committees and with otherofficials ofthat state responsible for managing transportation of radioactive material and with:

### affectedIndiantribes andberesponsible for administration of this 

### agreement. The officials so designated shall together comprise the Pacific States Radioactive Materials Transportation Committee. The committee shall meet as requiredto consider and, where necessary, coordinatematters addressed in 

### this agreement. The parties shall inform the committee ofexistingregulations concerning radioactive materials transportation management in 

### their states, and shall afford allparties a reasonable opportunityto review and comment upon any proposed modifications.in 

### suchregulations. (2) The 

### committee may also engage in long-term planning to 

### assure sa.fe and economical management ofradioactive material transportation on a continuingbasis. (3) To the extent practicable, the committee shall coordinate its activities with those ofotherorganizations. 

# o

o

o

### 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 enactmentinto lawbythatparty, butitshall not become initially effective until enacted into law by two states. A:rJ.y party state may withdraw from this agreementby enacting a statute repealingits approval (2) 

### After the agreement has initially taken effectunder subsection (1) 

### ofthis arti

### cle, 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 

### orthe 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 

### bythat state. ARTICLE VI



### - Severability If

### any provision ofthis agreement, or its apolicationto any.person or circumstance, is heldto beinvalid.

# an otherprovisions ofthis agreement, and the application of all of its provisions to 

### all other persons and circum

### stances, 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 LegislativeAssembly but were !lot added. to or :nade

a part oiORS 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 anofficial to serve as a member of the Pacific States Radioactive Materials Transportation Committee created under Article IV of. the ffeement.setforth in ORS 466.450. (1987 c.S6

Note: See l10teunder 466.450. 

### 466.460 Confederated Tribes of the Umatilla Indian Reserv.rtion 

### to be consulted. (1)The State ofCregon 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 ofradioactive material transported to and from the 

### Hanford Nuclear Reservation in the State. of W ashington, 

### passes.throughthe centerofthe UmatillaTribe's reservation. 466.515

(2) 

### Therefore, the official designated by the GovernorunderORS 466.455 torepresent the State of Oregon on the Pacific States Radioactive Materials Transportation Committee shall consult regularly with officials of the Confederated Tribes of

## the Umatilla IndianReservation on transportationmatters and shall consider, to the extentpracticable, the suggestions of the Confederated Tribes ofthe UmatillaIndian Reservationrelatedto the development ofmodel standards andprocedures. (1987 c.S6§3] Note: See !lata under 466.450.



### USE OF PCB 466.505 

### Definitions for ORS 466.505 to 466.530•.As 

### usedin ORS 466.505 to 466.530: (1) 

### "PCB" means the class ofchlorinated biphenyl, 

### terohenyl, higher polyphenyl, 

### or mixtures of fhese compounds, produced by replacing 

### two or more hydrogen atsms 

### on the biphenyl, terphenyl, or highernolyphenyl molecule 

### with chlorine atoms. "PCB" does not include chlorinated biphenyls, terphenyls, higher polyphenyls, 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 healthunderGRS

### 466.525. (2) 

### "P-pm" means parts per million. (Formerly 468-000j 

### 466.510 Sale ofitems containing concentrations of PCB prohibited; ex

### ceptions. (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 anitem, product or material if

### the item, oroduct or material contains a concentration of PCB equal to or greater 

### than 100 ppm. (2)Thecommissionby rulemayprescribe

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 maxi

# mum concentration of PCB is prescribed by federal law, rule or regulation shall not be allowed a concentration of PCB higher than thatfederal maximum. (Formerly 468-003J 

### 466.515 Electric transformers or capacitorsexempted. NotwithstandingORS 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 ,,',

36-629466.520 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 meetperformance 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"underORS 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 approvedunderORS 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 iftheitem, productor material contains incidental concentrations of

### PCB. (4) 

### In granting a certificate ofexemption" 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 ofthe personhaving: (a) Exposed the item. productormaterial to concentrations of

### PCB. (b) Failedto 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 ofthese 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 constitutea dangerto publichealth. (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 orgreaterthan 100 ppmof

### 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; renumbered465.200 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; renumbered465.255 in 1989] 466.570(1987 e.73S §11;renumbered465.250 in 1989] 46&S73(1987 e.735 §12;renumbered465.315 in 19891 466.57S (1987 e.73S §13;renumbered 465.320 in 1989J 466.;)47(1987 e.735 §14;renumbered465.325 in 1989J 466.SSO (1987 e.735 915;renumbered465.330 in 19891 466.583 (1987 e.735 §16;renumbered465.335 in 19891 466.S8S (1987 e.735 §17;renumbered465.340 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; renumbered465.380 in 1989]



### SPn.LRESPONSEAND CLEANUP OF 

### HAZARDOUS MATERIALS 466.605 Definitions for

# ons 466.605 to 466.680"As used in ORS 466.605 to 466.680 and466.880 (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 conductedby the department. (3) "Cleanup costs" means all costs associated with the cleanuo ofa snill or release incurredby the state, its political subdivision
or anypersonwithwritten approvalfrom the departmentwhenimplementing ORS 466.205, 466.605 to 466.680, 466.880 (3) and (4) and 466.995 (3) or 468B.320. 

# o

o

.()

36-630

### HAZARDOUS WASTE Ai'ID 

### HAZARDOUS MATERIALS II 

# •

•

• (4) "Commission" means the Environmental Quality Commission. (5) "Department" means the Departinent ofEnvironmental Quality. (6) "Director" means the Director of the Department ofEnvironmental Quality. (7) "Hazardous material" means one of the following: (a) A material designatedby the commissionunderORS 

### 466.630. (b) Hazardous waste as defined in ORS 

### 466.005. (c) Radioactive waste as defined 

### in ORS 

### 469.300, radioactive materialidentifiedbythe Energy Facility Siting Council under ORS 

### 469.605 andradioactive 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 designatedby the commissionunder ORS 

### 466.625. (b) The lesserof:

. (A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution ControlAct, 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 ofradioactive material, radioactive substance orradioactive waste; CD) Ifspilled into waters 

## ofthe 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) Ifspilled on land, any quantity of oil

overone barrel. (c) Ten pounds unless otherwise designatedby the commissionunder ORS 

### 466.625. 

### (Ii) "Respond" or "response" means: (a) Actions taken to monitor, assess and evaluate a spill or release orthreatened spill

orrelease 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 ifaction is not taken.

.. (12) "Spill or release" means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing ofany oil orhazardous material into the airor into

or on any land or waters ofthe 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 

### storedor 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. (1985e.733 §1; 1987 e.735 §26; 1989e.S§14) 466.610 Department authority relating 

### to cleanup of

### oil or hazardous materiaL Subject to policy direction by the commission, the departmentmay: (1) Conductandprepare independentlyor 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 theFederal 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 chap

### ters 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

### PUBLIC HEALTH AND SAFETY 466.615

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 ofthe deoartment underORS 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 overradioactive substances. Nothingin ORS 466.605 

### to 466.680, 466.880 (3) and (4)and466.995 (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 Councilunder ORS chapter469. (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 emergencyresponse 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 and453.835,

.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; 1989c.833**~921** 466.625 Rulemaking. 

### In accordance with applicable provisions of ORS 183.310 

### to 183.550, the commission may adopt rules includingbut 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 ofthe medium into which the oil

or hazardous material is spilledor released. (2) Establishing procedures for the issuance, modification and termination of permits. orders, collection of recoverable costs and filing ofnotifications. (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 commissionconsiders 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 airor into or on any land or waters ofthe state may present
a substantial danger to the public health, safety, welfare orthe 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 mate

### rial. 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 orreleasedorthreatening to spill or release shall be strictly liable 

### withoutregard 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 

### ifthe personcanprove thatthe spill or release of oil or hazaidous material 

# was causedby: (1) An act of war or sabotage or an act ofGod. (2) Negligence on the part ofthe United States Governmentor the State ofOregon. (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, AI1yperson liable for a spill or reiease or a threatened spill or release shall immediately initiate cleanuo, whether or not the departmenthas directed:the cleanup. The 

# o

o

o

36-632

### HAZARDOUS WASTE AND HAZARDOUS MATERIALS 

## n 

# •

•

• decartment may require the responsible person to undertake such investigations, monitoring, surveys, testing andotherinformation 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 ofdanger 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 orrelease. (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 ofdangerto the publichealth, 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 anddirect cleanup actions, to recover the costs thereofand 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; repealedby 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 1989c.B33 §175] 468.665(1985 c..733§13; 1987 c..l58§91; repealed. by 1989c..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 theDepartmentofEnvironmental Qualityfor 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 ofEnvironmental Quality to be used in the manner described in ORS 466.675. (1985c..733 §14: 1989c.B33§93; 1989 c..966 §541 466.675 Use ofmoneys in 

### Oil and

### Hazardous Material Emergency Response andRemedialActionFund. Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund may be used by the Department of Environmental Qualityfor the following purposes: (1) Funding

_actions and activities authorized by ORS 466.645, 466.205, 468B.320 and468B.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 enforcementof 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 in

### curred 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) Anypersonwho does notmake 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 describedin subsection(1) or(3) of

### this section for the amount of damages, not to exceed treble damages, andthe expenses incurredby 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 paidby 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

36-633466.706 PU13LIC 

### HEALTH A1'ID SAFETY



### affirms the order, the Attorney General, at the request of the director, shall bring actioninthe name ofthe State ofOregon III 

### a court of competentjurisdiction to recover the amount specified in the notice ofthe director. (1985 c.733 §161 4S6.S8S (1985 c.733 §19; repealedby 1987 c.735 §271 466.690(1985 c.733 §ZO; repealedby 1987 c.735 §271



### UND·ERGROUND STORAGETANKS (GeneralProvisions)·
466.70S [1987 c.539 §2 (enacted in lieu of468.9(1); 1989c:.926Hl; 1989

### Colon §§20, 25;l'ellwedby 1991 c.S63 §11 (466.106 enacted. in lieu of466.105)1 466.706 Definitions for OBS 466.706 to 466.835 

### and466.895.As 

### usedinORS 466.706 

### to466.835 

### and466.895: (1) 

### "Commercial lending institution"

means anybank, mortgage bankingcompany, trust company, stock savings bank, savings and loan association, credit union, national banking association, federal savings andloan association, cooperative financial institution regulatedby an agency of the Federal Governmentor

### 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 protectthe present or future public health, saiety, welfare or the 

### environmentfrom areleaseofa regulatedsubstance. "Corrective action" includes but is not lim

### ited 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 ofa regulated substance or contaminated

### materialfrom 

### a site. (4) "Decommission" means to remove from operation an undergroundstorage tank, 

### including' temporary or permanent removal from operation, abandonment in place or re

### moval from the ground. (5) "Department'" means the Depar:t;ment ofEnvironmental 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 ordiesel oil, that are located atone 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 ofcredit 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 giventhattermin ORS 469.228. (10). 

### "Investigation" means monitoring, surveying, testing or other information gathering. (11) 

### "Local unit 

### ofgovernment" means a city, county, special service district, metropolitan service district created under ORS chapter 268 

### or a political subdivision ofthe state. .(12) "Oil" 

### means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and 

### any otherpetroleumrelatedproduct

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 ofor has 

### responsibility for the daily operation ormaintenance 

### 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 

### andP.L. 98-80), 

### butnotincluding 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.commissionunder 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 

### orthe state, other 

### than as authorized by a permit

.issuedunder state or federal law. (18) 

### "Stage I 

### vapor collection. system"


### means a system 

### where gasoline vapors are forced from a 

### tankinto a vapor-tightholding 

# o

o

o

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 vaportightholding system'or vaporcontrol 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 ofthe ground. (21) "Waters ofthe state" has the meaning given that term in ORS 468B.005. (1991 c.sE3**~12** (enacted in lieu of466.705)] • 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 fornoncommercial purposes. (2) Tank USedfor 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 SafetyAct of 1968 (49 U.S.C. 1671);

- (b) Under the Hazardous Liquid Pipeline SafetyAct 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) Stormwaterorwastewatercollection system.

. (7) Flow-through process tank. (8) Liquid trap or associated gathering lines directlyrelated 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 ortunneL (10) Pipe connectedto anytankdescribed 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 publichealth, safety. welfare and the environment are stored in underground tanks inthis state; (b) Underground 

### tanks used for the storage of regulated substances are potential

sources ofcontamination ofthe environment 

### and may pose dangers to**~e** public health, safety, welfare and the 

### environment; (c) Recently, the Federal Government enactedtechnical andfinancial responsibility rules for underground storage

### tankacontaining motor fuel that imoose

-**si~cant** compliance costs on many 

### Oregonbusinesses; (d) Formany small businesses, affordable insurancecurrentlyis notavailable 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 andto 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 tankrules; and (f) To encourage private insurance carriers to reenter, or create, 

### an underground storage tank insurance market, it is in the public interestto upgrade or replace existing underground storage 

### tanks with equipment that comnlies with new federal technical rules.

. (2) Therefore, the Legislative Assembly declares: (a) Itis the public oolicy ofthis state to protectthe public health, safety, welfare and the environment from the potential 

### harmful effects ofunderground 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;·1989c.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 alterAugust31. 1992. i:l setforth 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** ofregulated substances are potential**so~** of**eon~·** illation of the environment and maypose cangers cothe public'health. sa.fetY, welfare and r.heenvirol1lXlent. (2) Therefore, r.heLegislative**~embly** declares;

36-635466.720 

### PUBUC HEALTHAND SAFETY

(a) Itis thepublicpolicy ofthis state to protectthe public health, safety, welfare and the environment from the potential harmful effects ofunderground tanks used to store regulated substances. (b) It is the purpose ofORS 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 authorizationof a stateprogramfor the regulation ofunderground storage tanks under the provisions &fSection 9004 ofthe Federal Resource Conservation and Recovery Act. 

### PL. 94-580 as amended and P

### L.'98-616,

. Section 205 of the federal Solid Waste DisposalAct, P

### L. 96-482as amendedandfederal 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 and466.895. (Subsection Cl) enactedas 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 

### ofgovernmentmay not enact or enforce any ordinance, rule or regulation

.relating to the matters encompassed by the state program established underORS 466.720. (2) Any ordinance, rule orregulation enacted by a local unit of government of this state that encompasses the same matters as the state program' shall be unenforceable, exceptfor 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

### bya localunitofgovernment 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 of408.904)]

.**46~.** 730 Delegation ofprogram adminIStration to state agency orlocal 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 

### tankprogram. (2) Any 

### agency of

### this state or any

.local unit ofgovernment that seeks to administer

an underground storage 

### tank programunder this section shall submit to the department
a description,of the program the agency or local unit ofgovernment proposes to administer in lieu of 

### all or part ofthe state program. The program description shall include at least the following: (a) A description innarrative form ofthe scope, structure, coverage and procedures of the proposed program. (b) A description, including organization charts, of the crganizaticnsand structure

# or the contracting state agency or local unit of government that will have responsibility for administering the program, including: (A) The numberofemployees, occupation

. and general duties ofeachemployee who will carry out the 

### activities ofthe contract. (B) An itemized estimate of the cost of establishing and administering the program, including the cost ofpersonnel listed in subparagraph (A) of this paragraph and administrative and technical support.

.. (C) An itemization of 'the source and amount offunding available to the 

### contracting state agency or local unit ofgovernment to meetthe costs listed in subparagraph (B) ofthis paragraph, including any restrictions

orlimitations upon

### this funding

. (D) A description of applicable procedures, includingpermitprocedures. (E) Copies ofthe permitform, 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 ofthe program. (G) A description ofthe procedures to be used to coordinate information with the department, including'the frequency ofreporting andreport content. 

## em A description of the procedures the state agency orlocalunit ofgovernmentwill

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 and466.895. (4)

.AD. agency or local unit of government shall exercise the functions relating to underground storage tanks authorized under 

# o

o

o

36-636" 

### HAZARDOUS WASTE 

### AJ.'fD HAZARDOUS MATERIALS 

## n 460.746 

# •

•

• a contract or agreement entered into under this sectionaccordingto the authorityvested in the commission and the departmentunder 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 orlocalunitofgovernmentshall carry outthese functions in 

### the mannerprovided for the commissionandthe department to carry outthe 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, 

### limitor 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 orland 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 ofregulated 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 ofgovernment in developing the rules and procedures necessary to carry out the provisions of ORS 466.706 to 466,835and466.895. (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 otherrule adopted under ORS 466.706 to 466.835 and466.895. (1987 c.539 §ll]
466.745 (1987 c:.539 §13 (enacted in lieu of408.908); 1989 c.1071 §§22,zt. 43a.;43b. 29a; repealedby 1991 c.S63 §13 (466.746 enactedin lieuot"466.745J] 466.746 

### Commission 

### rules; consider

### ations. (1) 

### The.commissionmay establishby 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 identifyreleases in a mannerconsistentwith the protection ofpublic health, safety, welfare or the environment; (b) 

### Requirements for maintaining records and, submitting information to the department in conjunction with a leakdetection 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 underORS 466.760;

. (g) Procedures that distributors of regulated substances and sellers ofunderground storage tanks 

### must follow to 

### satisfy the requirements of ORS466.760; (h) Acceptable methods by' which an owner or permittee may demonstrate financial responsibility for _responding to-the liability imposedunder ORS 466.815; 

## en Procedures for the disbursement of moneys collectedunder 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 carryoutthe underground 

### stcraze tank loan guarantee program authorized by section 4, 

### chapter 1071, OregonLaws 1989;,and ' (n) 

### Any otherrule necessary to carry 

### out the orovisions of ORS 466.706 to 466.835and 466.895. (2) 

### So long as requirements are administered uniformly within 

### each area or region of the state, the commission may adopt dif

### ferent requirements for different areas orregions of the state if 

### the commission finds either ofthe following: (a) More stringentrules 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 stringentrules or standards are: (A) Wananted by physical conditions or economic hardship; (B) Consistentwith 

### the protection ofthe public health, safety, welfare or the environment; and ",

36-637466.750 

### PUBLIC HEALTHAND 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) Locationofthe tanks; (b) Soil and climate conditions; (c)Uses ofthe tanks; 

### (d)Historyofmaintenance; (e) Age ofthe

## tanks;

. (f) 

### Current industry recommended practices; (g)National consensus codes; (h) 

### Hydrogeology; (i) 

### Watertable; G)

### Size ofthe tanks; (k) 

### Quantity ofregulated substances periodically deposited in or dispensed from the 

### tank; (L)The technical ability ofthe owner or permittee; and (m) 

### The compatibility of the regulated substance and ilie materials of which the 

### tankis fabricated. (4) 

### In adoptingrules undersubsection (1) 

### ofthis section, thecommissionshallconsider all relevantfederal standards andregulations

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 andthereasons for the deviation. (1991 c.a63 §14 (enacted. inlieu of466.745)]

.(Licenses; Permits) 466.750 License procedure for persons servicingunderground 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 highestdegree 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, in

### spection andremedial 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) 

### ofthis 

### sectionmay 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 consistofwritten orfield examinations. The commission may establish dif

### ferent types oflicenses for different types of demonstrations, includingbutnot limited to: (a) Installation, removal, retrofit and 

### inspectionofunderground storage tanks; (b) 

### Tankintegritytesting; (c)Installation ofleak 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 

### and469.991.

.(4) 

### The program adopted under subsection (1) 

### ofthis 

### section may allow the departmentafteropoortunityfor hearingunder the provisions of

### DRS 183.310 

### to 183.550, 

### to revoke a license of any person**offe~~** 

### underground storage

### tankorheatingoil services who commits fraud or deceit in 

### obtaining a license or who demonstrates negligence or incomoetence in performing underground tanksemces.

. (5) The 

### program adooted under subsection (1) 

### ofthis 

### section 

### shall: (a) Provide that no person may offer to 

### perform or perform services for which a li
### cense is 

### required underthe program without suchlicense

. (b) 

### Establish a schedule of fees for li

### censingunderthe program.Thefees shallbe 

### in anamount sufficientto coverthe costs of the department 

### in administering the .program. (6) 

### The following persons shall aoply for

anunderground storage

### tankpermitfrOmthe department: (a) An 

### owner of

### an underground storage tank 

### currentlyinoperation; (b) An 

### owner of

### an underground storage tanktaken

### out ofoperationbetweenJanuary. I, 1974, and 

### the operative date of this 

### section; and 

### . (c) ·An 

### owner of an underground storage tank 

### that was taken out ofoperation before January 1, 1974, but that still contains a 

# o

o

()

### HAZARDOUS WASTE AJ.'ID 

### HAZARDOUS MATERIALS II 

# •

•

•**re~lated** 

### substance. (1987c.539§§14, 15; 1989 c.926 §42J

### 466.760 When permit required; who requiredto sign application. (1) No person shall install, bring into operation;operate or decommission an 

### underground storage tank withoutfirst obtaining apennitfrom the department. (2) 

### No person shall deposit a regulated substance into an underground storage 

### tank unless the tank 

### is operating under a permit issuedbythe department. (3) 

### Any person who assumes.ownership 

### of an underground storage 

### tank from a preVIOUS 

### penmttee.must complete and return to the department an 

### applicationfor a new per- 

### mitbefore 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 permitrequirements ofthis section. (5) 

### The following persons must sign an 

### application fora permit submitted to the department under this 

### section or ORS 466.7,50 (6):

. 

### (a) The owner ofan 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 ofthe

### re~ nron

### erty. • . (6) Before Seotember 1, 1992, the depart

### ment shall not requir.e, as a condition

# ofis

### suing a permit, an applicant; to provide financial assurance pursuant to ORS 466.815. (1987c.539§16; 1989c.925 §43; 1989c.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 thatis operative on and afterAugust 31. 1992, I.Ssetforth 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 operaemgunder 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 ofthe 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 orORS 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, ifa per.lon other than the owneroftheunderground storage tankor the owner ofthe real property. 

### 466.765 Duty ofowner orpermittee of underground storage tank. In 

### addition to any oilierdutyimposedby 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) 

### Preventreleases; (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 and466.895; (3) 

### Furnish information to the depart

### ment relating to underground storage tanks, including information about 

### tank equipment andregulatedsubstances storedin the tanks; (4) 

### Promptlyreportreleases; (5) 

### Conduct monitoring and testing as requiredbyrules adoptedunder ORS 466.746 and permits issued under ORS 466.760; (6) 

### Permit department employees or a duly authorized and identified reoresentative ofthe 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 adoptedunderORS 466.746 andpermits issuedunderORS 466.760; (9) Pay all fees; (10) Conduct any corrective action requiredunderORS466.810; and (11) Perform any other requirement

.adopted under ORS 465.200, 466.706 to



### 466.835, 466.895 and 

### 478.308. (1987c..539 §2O (enacted in lieu of4S8.905)] 

### 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 withrespect 

### to the contamination
on the site.

.

. (2) The department shall keep a record ofall 

### expenses incurred in carrying out any corrective action authorized under subsection (1) ofthis 

### section, including charges ',£

36-039.466.775 

### PUBLIC HEALTHAJ.'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) ofthis section, the commission shall make a finding and enter an order against the person describedin subsection(1) or(3) ofthis section for the amount of damages, not 

### to exceed treble damages, andthe e.-roensesincurredby 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 orderunderORS 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 afterreceipt of..notice that such expenses are due andowing, or, if

### an appeal is filed within 15 days after 

### the courtrenders its 

### decision if

### the decision a:ffirms 

### the order, the Attorney General; at the'request ofthe director, shall bring an action in the name ofthe State of Oregon in a court of comnetentjurisdictionto recover the amount Stl'ecwed in the notice ofthe director.

. (6)Subsection(5) ofthis sectionshallnot apply if

### the department and the responsible person are negotiating or have entered into

a settlement agreement, except that if 

### the responsible personfails 

### to paythe corrective action costs as provided in 

### the negotiated settlement the director may request the Attorney General to 

### take actionas setforth in subsection (5) ofthis section. . (7) 

### All moneys received by the department under this section shall be paid into the fund establishedin 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 airor on anylands or waters ofthe 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 permitissuedunderORS chapter454, 459, 459A, 468, 468A. 468B, 469, 

### ORS466.005 

### to 466.385 

### or federal law shall not be considered as contamination under ORS 465.200, 466.706 

### to466.835, 466.895 

### and478.308.

. 

### (b) "Site" means any area or land. (1987 c.539§24) 466.775 Grotmds for**refus~** modification, suspension orrevocation ofpermit. 

### (1) The department may refuse to issue,**~odify.** 

### suspend, revoke or refuse to renew a permit if

### the department

### finds: (a) Amaterial misrepresentation or false statementin the applicationfor the permit; (b) Failure to complywith the conditions ofthe permit; or (c) Violation ofany 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 issuedunder 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 departmentshallmodify, 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 adcntedunderORS 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 orgreater

### thantheruleorstandard; and(b) 

### The alternative prooosal is 

### atleastas striIigent as any appliCable federal requirements. (2) Thecommissionmaygrant 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 ofthe 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. 

# o

o

o

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 forvariance and the reasons for the department's denial of the petition within 

### 150 days after 

### the commissionreceives a requestforreview. The commission may approve or deny the variance or allow a variance on terms different than the terms proposed by .the petitioner. 

### Ifthe commission fails to act on a denied petition within the 150-day period the variance shallbe considered approvedby the commission. (1987**~39** §22]


### (Finance) 466.785 Fees. (1) Fees may be required ofeverypermittee 

### ofan 

### underground storage tank. 

### Fees shallbe in an 

### amount determined by the commission to be adequate to carry on the duties ofthe departmentor the duties of a state agency or 

### localunit ofgovernment that has contracted with the denartment under ORS 466.730. Such fees shan not exceed $25 pertankperyear. (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 departmentto carryoutthe provisions ofORS 

### 466.706 to 

### 466.835 and 466.895. (1987**~39** §§23,50; 1989e.S33§157; 1989 c.935H]
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, withrespectto ormeasuredby 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 ofsection 2. Article

## vm or section 3a, Article IX of the Oregon Constit:l1tion. ORS 466.785 is amended to read: 466.785. (1)Fees maybe requiredofeverypermittee of an underground storage tank. Fees shall be in an amount determined by the commission to be adequata to ca:iry on the duties ofthe 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 nocexceed S2S per tank peryear. (2) Fees collected by the detlartment under this section shall be deposited in the Stata Treamry to the credit: of an account ofthe departmenc. All fees paid to the department shall be continuously appropriated to**~e** detlartment to carry out the provisions of ORS 466.705'to466.835and.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.~** ofS50 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 ormeasured.,by the extraction. production. storage. use, sale. distribution or receipt of oil or natural gas or levied on the owuenhip ofoil or 

### 460.791

natural gas. that is subject to the provisions ofsection 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 maybe required ofeverypermittee 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: ofgovernment that has contractedwith the departmentunderOBS 466.730. Such fees shall·not e:cceedS25 per tank peryear. (2) Fees collected by the detlartment under this section shall be deposited in the State Treasury to the credit: ofan account ofthe 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 and466.895. 466.790 (1987c:.539 §26; 1989 c.lOn §§24,29. 30. 46, 47, 48;repealedby 1991 c.863 915 (466.791 enactedinlieu 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 recoveredunderORS 466.770. (3) The State Treasurer may invest and reinvest moneys inthe Underground Storage Tank Compliance and Corrective Action Fundin 

### the'mannerprovidedby 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) 

### ofthis 

### section.

. (5) 

### Moneys in the Underground Storage Tank Compliance and Corrective Action Fund may

# be usedby the department for the following purposes: (a) Supoorting the loan guarantee program established 

### pursuant to section 4, chapter 1071, OregonLaws 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, OregonLaws 1989, or servicing 

### any debtincurred 

### by the fund; 

### (c) Administration of the underground storage tank

### program; 

### ,.

h'



### " s,

36-641

### 466.795 PUBLIC HEALTHAJ.'ID SAFETY

(d) Funding the interest rate subsidies established under section 6a, chapter 863, Oregon Laws 1991; (e) Funding the underground storage tankinsurance premium copayment program established under sections 38 

### to 46, chapter 863, Oregon Laws 1991; and (f) 

### Funding ofthe grants established under section 6, chapter 863, Oregon Laws 1991. (1991 c.863§16 (enacted in lieu of466.790)] 

### 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 transferredby thedepartment from the Underground Stora$e

### TankCompliance 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 

### theUnderground 

### Storage TankInsuranceFundin

### themannerprovided 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) ofthis section. (5) Moneys in the Underground Storage 

### Tank Insurance Fund may be used by the department for the following purposes, as theypertainto underground storage tanks: (a) Funding of the underground storage tank insurance premium copayments estaolished under sections 38 to 46, chapter 863, OregonLaws 1991; and (b) 

### Payment ofthe department's costs in administeringtheUndergroundStorageTank Insurance Fund, which shall be limited to five percent of the premium collected. (l987 c.539 §2S; 1989c.S33 §158; 1989 c:.935§§2,3; 1991 c..663 §471 Note: Section 5, chapter 935, Oregon Laws 1989,**p~nd~** . Sec. 5. IIthe Supreme Coun declares that section 147.chapter833. Oregon Laws 1989 (Em-olledHouse 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 ofoil oraa- 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 ofsatisfying the financial responsibility reqWreml!!Qt3 of ORS 466.815. (2) Fees received by the department pursuant to subsection(6) ofthis seenca, shall be depositedinto the StateTreasuryandcredited 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 departmentto be used as provided for in subsection (5) ofthis 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 ofan underground storage tank. The fee shall be in an amount determined by the commission to be adequate to meet the financial responsibility requirements establishedunderORS 466.815 and anyapplicable federal law. (7) Before the effeetive date ofany 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 ifit becomes l1eeessary for the Underground Storage Tank Insurance Fund to become operative in order to satisfy the financial re- sponsibilityrequirements ofORS 466.815. In iormulating the plan ofaction. thedepartmentshallcoDSUltwiththe Director of the Department·of Iasuraac:e and Finance.

owners and permittees of underground storage tank3 and any otherinterested party. The plan ofaction 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 underORS 466.765 and466.805 shall. be made available for public inspection and copying during the regular office hours of the department at the expense ofanyperson requestingcopies. (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 di

### rector shall classify as confidential such re

### cord, report or information, or particular part thereof. However, suchrecord, reportor 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 

# o

o

36-642'

# . HAZARDOUS WASTE AND HAZARDOUS MATERIALS 

## n 466.815 

# •

."

• proceedingunder 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 

### UnitedStatesEnvironmental 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 ofconfidentialityto 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 departmentmay: (a) Enter at reasonable times any establishment or site where 

### an underground storage 

### tankis located; (b) Inspect and obtain samples of a regulated substance contained in an,underground storage 

### tank; and (c)Conductan investigation ofan underground storage tank. associated equipment, contents or the soil, air or waters of the state surrounding an underground 

### storage tank. (2) Ifany person refuses to comply with subsection (1) ofthis section, the department

or a duly authorized and identified representative ofthe department may obtain a warrant or subpoena to allow such entry, inspection, samtJIins; or copying, (1987**~39** §30 (enaCted in liel1 of468.967}) • "" " 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 tankviolates ORS 466.706 to 466.835 and 466.895 or fails to comply with a role, orderor 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 andissue such orders as itconsiders necessaryto protectthepublichealth, 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 violationofORS 466.706to 466.835 and 466.895 or the roles adopted under ORS 466.706 

### to466.835 and466.895; (b) Require the owner or operator to complywith the provisions ofa 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 departmentmaydecommission the underground storage tankor contract 

### with anotherperson to decommission the underground storage tank. (5) The department shall serve a certified copy of any order issued by it under subsection (2) ofthis 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 afterthe date ofits issuance, unless the permittee requests a hearing on the orderbefore the commission. The request for a hearing shallbe 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 anyperson 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 and466.89-5 or ofthe terms ofanypermit issuedunderORS 466.706 

### to 486.835 and 46p.895, the department without prior administrative hearing, mayinstitute actions orproceedings 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 responsibilityfor.

36-643466.820 

### PUBLIC HEALTHAND SAFETY

(a) Taking corrective action; (b) Compensating a third party forbodily 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 ofthese methods. 

### In adopt-

. ingrules undersubsection(1) ofthis section,

the commission may specify policy or other contractual terms, conditions or defenses necessary or unacceptable to establish evidence offinancial responsibility. (3) Ifan 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 ofjudgment, any claim arising from conduct for which evidence offinancial 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 

### ifthe action had been brought against the ownerorpermittee by the claimant and all rights and defenses that would have been available to the guarantor ifthe action had been brought against the guarantorby the ownerorpermittee.

. (4)The total liabilityofa guarantorshall be limited to the aggregate amount the guarantor provided as evidence offinancial 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 orcommonlaw liabilityofthe guarantorfor badfaith in negotiating or in failing to negotiate the settlementofany claim. 

### This subsectiondoes notdiminishthe liabilityofanypersonunder section 107 or 111 ofthe 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 ofthis section.

. (6) No rule requiring an owner or permittee to demonstrate and maintain 

### financial responsibilityshallbe adoptedbythe commission before review 

### by the appropriate legislative committee as determined by the President of the Senate and the Speaker of the House ofRepresentatives. (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 ofany 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 leakfrom 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) ofthis section shall be made to the department within 15 days alter the end ofthe appeal period or, 

### ii' an appeal is filed, within 15 days alterthe courtor the commission renders its decision, ifthe 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) ofthis section, the Attorney General, upon the request of the director, shall bring action in the

name ofthe Sf:ate of Oregon in

-the Circuit Court ofMarion County or the circuit court of any other county in which the violation may have taken place to recover the amount specified in the orderofthe 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 orthe courtmayawarddamages in the amount equal to three times the amount: of 

### all expenses incurred by the departmentininvestigatingthe violation. (5) Moneys reimbursed 

### shallbe deposited to the Sf:ate Treasuryto the credit ofan 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. illlieu 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 permitteein determiningwhich tankwas the

source ofthe release. (1987c:.539 §351 

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### AJ.'ID HAZARDOUS MATERIALS II 

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•

• 466.830 Halting tank 

### operation upon clearandimmediate danger. (1)Whenever,

. in thejudgment of the department from the results of monitoring or observation of an identified release, there is reasonable cause to believe that a clearand 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 sitehaltedby service ofan orderon the owneror permittee ofthe underground storage tankor site. (2) Within'24 hours after'the order is served under subsection (1) 

### of this section, the department shall appear in 

### the appropriate circuitcourt to petition for the equitable reliefrequired to protect the public health, safety, welfare or the environment. [1987c.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 ownedby the person. (2) The department shall file a claim of lien on real property to be charged with a lienunder subsection (1) ofthis section with 

### the recording officer ofeach countyin 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 sectionwith 

### the Secretary ofState. The lien shall attach and become enforceable on the date of the filing. The lien claim 

### shall contain: (a) A statementofthe demand; (b)The name ofthepersonagainstwhose propertytbe lien attaches; (c) A description ofthe propertycharged withthe liensufficientforidentification; and (d) A statement ofthe failure ofthe person to conduct compliance and corrective actions as required. (3) Alien created by this section may be foreclosed by a suit on real and personal property in 

### the circuit court in the manner providedby law for the foreclosure ofliens. (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. (1987c:.539 §37] 

### FINANCIALASSIST.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 anunderground storage tankfacility, replacing
an underground storage tank. facility, conducting cor- rective action or installing stage I and II vapor collectionsystem underground piping, hoses andnozzles 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 ofup 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 ifthe final payment on the loan is due after December 31. 1994.(3) In processing a loan application to be guaraa-

. teedunder the program established by the department, the commercial lending institution shail determine theapplicant's creditworthiness and abilityto repay a loan

. wsing the lending institution's normal criteria for a nonguaranteed 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.ieerreceipt ofthe 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..l071H; 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 ofupgrading 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:tionstarted.

on or afterDecember 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 ofintent to"applyfor fUlancial U3utanc:e to bring the applicant'.s uauer36-645466.835' 

### PUBLIC HEALTHAND 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 ofthe scope ofwork to be performed with the financial assistance received. . (3) Nat later than October 1. 1992, a person submitting an application or a letter ofintent to apply for financial assistance under subsection (2) ofthis 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"pectedrelease, reporta 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 letterofintent to apply for financial assistance shall not be subject to enforcement action under ORS 466.i06 to 466.835 and 466.895 ifthe applicantis 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 deeartmentshallconsultwiththeapplicantin establiahingthe

new schedule. The applicant's financial assistance from the department or insurance benefits available from the departmentshallnatbe adverselyaffectedby 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-ponsibilityrequirements. 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 forwhic:.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 offire and ex- plosion from a spill or release ofpea-oleum; and (d) Ifthe 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 storagetank 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 December22. 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 andII vapor. collection systemundergroundpiping, hoses andnou.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. Ifa 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 undersection 7 ofthis 1991 Act, may be eligible for

a loan at a five percent interest rate on the first S100,OOOofeligible projectcosts. (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 section7 ofthis 1991 Act, may be eligible (or

an underground storage tank pollution preventiongrant of 50 percent not to exceed SSO.OOO and a loan at an interest rate ofthree percent on the Ont S100,000 ofeligible 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 ofthis 1991 .AA:t and the criteria in subsection (5) of t1Ws sectiono may be eligible for an underground storage tank essential services grant of85 percent not to exceed S85,OOO and a loan at an interest rate 0(.one and one-halfpercenton 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 ifthe property or business resellingmotorvehicle fuel is sold within five years alterthe 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 ofthe countyin 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 ofthis 1991 Act and this section, may apply directiy to the department for a grant un.der subsection.s (3) and (4) ofthis 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) ofthis section sb.a.llbe payable in the mannerprovidedin sec:tiDn6a ofthis 1991 Act. (1991 c.B63 §6J

. Sec. 611. (l) Beginning October 1. 1991. the depart· ment shall conduct a program of Gnanc=jal a.sWtanc:e that allows commercial lending institution.s.to otTer 

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### 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-halfpercent for a loan to any person owning or responsible for und.erground. storage tanks holding an accumulation ofmotor fuel; (b) Five percent for loans qualifYing und.er section 6 (2) ofthis 1991 Act; (c) Threepercentfor loans qualifyingundersection 6 (3) ofthis 1991 Act; or (d) One and one-half percent for loans qualifying under section 6 (4) ofthis 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 interestrates 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 ofmotor fuel'forresale; (b) Be made after December 22. 1988, and before December31, 1994; (c) Have a term not to exceed 20 year3; and. (d) Be only on the lint $100,000 ofeligible 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 ofthis 1991 Act. the deparcnentshall determine whether sULlicientmoneys are projected to be in the Underground Storage 'l'ankComplia.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 atthe applicatioI1 beingconsidered (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)rdingto the**chronolo~ca.l** orderin which the appllcation3 were suspended forinsufficient funds. (6) Within 30 days after the end of each caleJ1dar quarter, a commercia! lending institution sb.all submit

an-invoice to the**Departmen~** ofEnvironmental 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 ofthis 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 sectionfor a loan, theinterestrate
on that loan shall be considered increased to th.e rate described in paragraph (a) ofsubsection (3) ofthis 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 ofthis 1991 Act (466.706]; (1991 c:.863 §6a] . Sec. 7. (llThe Environmental Quality Commission shall adopt rules to implement the financial assistance programs established by sections 6 and. 6a ofthis 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 ofinterellt: (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 ofEnvironmental 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 ofthe 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) Financialneeds criteriafor thevariable 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 ofapplicants; (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 oftwo years. The diree-..orcay. discontinue the**commi~** a1tu December 31. 1994. (5) Members ofthe advisory committee are not eligible for compensation. butmember3 may bereimbuned for necessary expenses under

### oas 292.495 from moneys available in the**Unde~und** StorageTankCompliance 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 Gas36-047466.835 

### PUBLIC HEALTHAND 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 ofthis 1991 Act shall provide the commercial lending institution \vith copies of the applicant's two most recent fmancial statements, ifthe 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. Fora corporation. the fmancial needs testshall 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 ofthis 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 DepartmentofEnvironmental 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** StorageTank Compliance and CorrectiveAction L'und. IIthe collmlUsion**fin~** thatless moneyis needed than is beingcollectedunder section 18 ofthis 1991 Act [319.0251. the commission may suspend the collection of :he assessmentor reduce the amounl: ofthe assessmenc. [1991 c:.B63 §19aj .
See. 38.**~y** applicant.with 100 or more underground storage t.ank:I holding motor fuel forresale who meets the linanc:ial needs·tesl: for a five percentinteresl: rate subsidy established by section 6 ofthis 1991 Act also shallbeeligible for an annual undergro1U1dstorage tank insurance premium copayment acc:ording to the following schedule: (1) An annual SO percent CQpaymentnot to l!%Ceed 52,000 per year between Oe:tober 1. 1991. and December 31, 1993,for an applicant starting an underground store age tankupgrade or replacementprojectafterDeamber 22, 1988, andcompleting the projectbefore December31, 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 orreplacement project in the calendaryear 1992.

.- . (3) An annual 30 percent copayment not to exceed S1,200 peryear between January 1, 1993, and December 31, 1993, for an applicant completing an underground storage tank upgrade or replacement project in the calendaryear 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 CQpaymentnot to exceed 53,000 peryear between October 1. 1991, and December 31. 1994. for an applicant starting an underground storage tankupgrade.orreplacementprojectafterDecamber 22., 1988, andc:ompletingthe projectbefore**Decemb~** 31, 199L(2) An annual 65 percant c:opayment not to exceed 52,600 peryear between January 1. 1992. and December 31, 1994. for an atlplic:ant completulg an underground storage tank upgrace orreplacement projectin the calendaryear 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 calendaryear 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 projectin the calendaryear 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 orreplacementproject at1:er December22. 1988, and completingthe project before December31, 199L(2)A.J:i annual 85 percent co payment not to exceed 53.400 per year betweenJanuary 1. 1992, and December 31. 1994. for an applicant completing an underground storage tank upgrade or replacement projectin the calendaryear 1992. (3) An annual 80 percent copayment not to exceed 53,200 peryear betweenJanuary 1. 1993. and December 31. 1994. for-an applicant completing an underground storage tankupgrade orreplscamentprojectin the calendaryear 1993- (4) An annual 75 percent copayment not to exceed S3,000 peryear between January 1. 1994,and-December 31. 1994, for an ap:plicailt completing an underground storage tank UPgra4e orreplacementproject in the calendaryear 1994- (5) An annual 50 percent copayment not to exceed S2,OOO peryear betweenJazmary 1. 1995, and December 31. 1995, for an aplllic:ant completing an underground storage tank**u~grai:fe** orreplacement project in the calendaryear 1995. . (6) An annual 25 percent c:ooayment cce to exceed Sl,OOO peryear between January·l. 1996. and December 31, 1996. for an apolic:ant completing an underground storage tank upgrace or replacement project in the calendaryear 1996. (1991 c.B63HO)

. Sec. 4L Ita per.lonowns 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] 

### \ 

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36-048

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### 1-

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### HAZARDOUS WASTE AND HAZARDOUS MATERIALS

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• 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.Whenapplying for a copayment. the agent. producing agent or company shall designate to whom payment shall be made on forms provided by the Department ofEnvironmental Quality. The agent, predueing agent or company shall certify .thatthe imuredhas paid the remaining insurance premium copayment for the policyterm. [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) Minimumrates and deductibles; and (b) Policy fonns, including the legal defense provisions ofthe policies. • (2) Beginning Januarl 1, 1992, and eachJuly 1 and January 1 thereaJter until July 1, 1996, the Department of Insurance and Finance shall provide to the Department ofEnvironmental Quality: (a) The following iniorm.ation relating to each insurer authomedunder the Insurance Code to transac: insurance in this state: CA) Minimumraces and deductibles; and (B) Policy forms, including the legal defense provisions ofthe policies. (b) The information provided to the Department of Insurance and Finance under subsection (1) ofthis 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) ofthis section. (1991 c.S63 943al Sec. 44. The Department ofEnvironmental Quality sb.al1 pay insurance premium copayments from moneys available in the**Unde~und Stora~**  Tank Insurance Fund. establishedunderORS466.795. [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 ofthiS 1991Act (466.791l to the**Un~und** Storage Tank In-

suranee.Fund established underORS 466.795 in orderto make the unciergraund storage tank insurance premium copaymenes authorized by**see:tio~** 38 to 46 ofthis 1991 Aa. [1991 c.S639461
Sec. 62. BeginningJanuary 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~** ofthe financial assistance programs under sections 4 to 6, ch.apter 1071, Ongon Laws 1989, and sectiOtU6, 6a, 38, 39 and 40 ofthis 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 ofthis 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; 1991c.863§2]· Sec. 6. Upon completion of a corrective action funded by the loan guarantee program estaOlished pursuant to sec:ion4, chapter 1071, Oregon Laws 1989, the departmentshall issue a notice ofcompliance 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 repealedAugust 31, 1992. [1989c.107l 950l



### OREGONHAJ.'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 thatOregon is ace assured thatthe United States Department ofZnergy will: (a) Consider the unique features ofOregon and the needs of the people ofOregon when assessing Hanzcrd, Washington. as a potentially suitable location for :he long-term disposal. 01high.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 bestinterests ofthe State ofOregon 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 ofpublic participation in the assessment and cleanup process. (1987 c.514 §l; 1991 c.S62 931 Sec. 2. Noth.ing in sections 1 to 16 ofthis Aeeshall be intertlrecedby the Federal Governmentor the United States Oepartment of Energy as an expression by the people ofOregen 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 ofthis .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 nuclearreactor :ule: irradiation that i3 packaged and prepared for disposal.

36-649466.335 

### .PUBLIC HEALTHAND SAFETY -----**-~** 

# .'

ofpetroleum products into a storage tanklocated 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. BeginningJanuary 1. 1992. payment of the fee due shall be on a quarterly basis. (5) Each operator ofa bulk facility and each person who imports petroleum products shall register with the Department ofRevenue 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: ofRevenue shall eelIeee the fee imposedundersection 24 ofthis 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 ofthis Act. (1991 c.SS3§25] Sec. 26. The DepartmentofRevenue forgoodcause ::lay extend. for not to exceed one month, the time for paymenl: ofthe fee due under sections 23 to 31 ofthis 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 therate established under ORS 305.220. for each**mon~** or frac:tion ofa month. from the time the payment wu originally due to the time paymentU ae:tua.llymade, shalloeaddedandpaid. (1991c..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 broughtin to the place ofbusiness. (2) The Department ofRevenue. 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 ofsections 23 to 31 ofthis Act. (1991 c.S63§271 Sec. 2S. The detlartment is authorized ·toestablish 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- saryand 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 ofrefunds, 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.uuanceofwan-anes and theproc: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: ofadministrative 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 StorageTankCompliance and Corrective Action Fund. (1991c.863 §30) Sec. 31. The fee imposed by section 24 ofthis 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 ofthe State ofOregon find that: (I) In order to solve the problem ofhigh·level ra- dioactive waste.disposal. Conrress established a process for selecting two sites for the sale. permanent and re- gionallyequitable disposal ofsuehwaste. (2) The procesa of selecting three sites as final candidates. including the Hanford reservation in the StateofWashington, for a firsthigh-levelnuclearwaste repository by the United States Department ofEnergy violated the intent and the mandate ofCongress. (3) The United States Department of Energy his' prematurely deferred consideration 'ofnumerow potential sites and disposal media that its own researea indicates are more appropriate. safer and less e:rpensive. (4) Placement ofa repository at Haniord without methodical and independently verified scientific: evaluation threatens the health and salety ofthe people and the environment ofthis state. (S) The selection process

### u flawed and notcredible 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 postponinginde1initely all site S1lec:ificwork for an eastern repository, the UnitedStates Del'aranenl: ofEnergy has not complied with theintent ofCongress expressed in the NuclearWaste PolicyAct, 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 ofthe people ofthe State ofOregon. 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 ofthe NuclearWaste PolicyAce; (2) Reverse the Secretary ofEnergy's decision to postpone indefinitely all site spec:iiic work on locating and developing an.eastern repository for high-level !1U' clear waste; (3) Insistthatthe UnitedStates DepartmentofEn· ergy's site selec:tion process. when resumed. ccnsiders all acceptable geologic media and results in safe. scien· tificallyjwtified and regionally and geographically equitable high·level**n~** wasta disposal; (4) Demand that feden.l budget actions fully and completely follow the intent ofthe 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 accordedthe same status underiedual law as a state in which a**hi~n.level** nuclear repository is proposed to be located. (1987 c.13 §2) 

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. 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 personwho 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 ofhazardous waste, as defined by ORS 466.005, shall incur a civil penalty not to exceed $10,000 for each day ofthe violation. (2) The civil penalty authorized by subsection (1) ofthis sectionshallbe imposedin themannerprovidedby 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.acivil penalty not to exceed $10,000. Each day of violation shallbe considered a separate offense. (4) The civil' penalty authorized by subsection (3) ofthis section shallbe 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 1985c.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

### exceptfor the fact thatitis 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) ofthis section shallbe 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 silvergray squirrel, S10. (e) Each game bird other than wild turkey, S10. (f) Each wild turkey, $50. (g) Each game fish other than salmon or steelheadtrout,**~5.** " (h) Eachsalmon or steelhead trout, $125.' 

## en Each fur-bearing mammal other than bobcat or fisher, S50. (j) Eachbobcat or fisher, $350. (k) Each 

### specimen ofany wildlife suedes whose 

### survival is specified by the Wildlife laws or the laws of the United States as threatened orendangered, $500.

•(L) Each specimen ofany wildlife species otherwise protected by the wildlife laws or the laws of the United States, but not other

### wise referredto in this subsection, $25. (3) The civil penalty imposed under this sectionshallbe in additionto otherpenalties prescribedby law. (1985 c.685 §21 466.895 Civil penalties for violations ofunderground storage 

### tankregulations. (1) Any personwho 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 shallbe subject to a civil penalty not to exceedS10,000 per violationper day ofviolation. (2) Each violation may be a separate and distinctoffense 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 shallbe placed in the StateTreasury

. to the credit or an account of 

### the depart

### ment. (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 (1987c.735 §23;renumbered465.900 in 19891



### CRIMINALPENALTIES 466.995 Criminal penalties. (1) Penalties orovided in this section are in addition to and notin lieu ofany otherremedy specified "in ORS 459.005to 459.105, 459.205 to459.245, '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 ofany rule or order entered or adcnted under those sections is punishable, upon. conviction, by a fine of not more**th~** 510,000 or byimprisonmentinthe countyjail for notmore than one year, or byboth. Each day ofviolation shall be deemed a separate offense. (3) VIolation of a provision of ORS 466.605 to 466.680 or of any rule or order

36-653466.995 

### PUBLIC HEALTHAJ.'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 countyjail 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 shallbe subjectto a criminalpenalty not to exceed $10,000 or imprisonment for not more than one yearor both. Each dayof 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 imprisonmentfor notmore than one year, or both. (b) Each day ofviolation shallbe 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 

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