Chapte r 466 

2009 EDITION 

Hazardous Waste and Hazardous Materials H 

STORAGE, TREATIMENT AND DISPOSAL 

OF HAZARDOUS WASTE AND PCB 

(Gfeneral Provisions) 

46a005 Definitions for ORS 453.635 and 466.005 to 

466.385 

466.010 Purpose 

(Administration) 

466.015 Powers and duties of department 

46&Q20 Rules and orders 

466.025 Duties of commission 

466.030 Designation of classes of facilities subject 

to certain provisions 

466.035 Commission authority to impose standards for hazardous waste or PCB at Oregon facility 

466.040 Application period for PCB or hazardous 

waste permit 

466.045 Application form; contents; fees; renewal 

application; nde s 

466.050 Citizen advisory committees 

466.055 Criteria for new facility 

466.060 Criteria to be met by owner and operator 

before issuance of permit 

466.065 Applicant,for renewal to comply with,ORS 

466.055 and 466.060; exceptions; pemiit 

conditions; rules 

466.067 INIodification of PCB or hazardous waste 

permit to allow recycling operation; fee 

(Hazardous Waste) 

466.068 Technical assistance and infdrmation program for generators of hazardous waste; 

•••rules. 

466.069 Hazardous Waste Technical Assistance 

Fund; uses; limitations 

46&070 Standards for rules 

466.075 Rules for genei'ators of hazardous waste 

466.077 Fee for generators of hazardous waste to 

obtain identification number 

466.080 Rules for transportation of hazardous 

waste 

466.086 Gaining federal authorization; rules 

466.090 Inspection and copying of records authorized; exceptions 

466.095 Hazardous waste to be stored or treated 

at permitted site; exemptions 

466.100 Disposal of waste restricted; permit required 

466.105 Dutiies of permittee 

466.107 Action under ORS 466.105 against 

guaraiit'or 

,466.110 Application; form 

466.115 Required application information 

466.120 Required application information to operate site 

466.125 Notice of hearings on applications 

466.130 Public hearing in areas of proposed site 

required 

466.135 Recommendations by state agencies on 

applications; effect 

466.140 Review of applications; issuance 

466.145 Review of treatment applications; issuance 

466.150 Permit requirements 

466.153 Exemption from state or local laws for 

sale or deeding of land 

466.155 Acquisition by condemnation 

466.160 Site permit fees; disposition; withdrawal 

by permittee 

466.165 Annual fees; use 

466.168 Annual fee for used oil processor 

466.170 Revocation of permit; judicial review 

466.175 Disposition of site or facility after revocation; acquisition of site by department 

466.180 Department authority to limit storage, 

disposal or treatment ^' 

466.185 Investigation upon complaint; hearing^; 

orders 

466.190 Investigation upon motion of department; 

findings and orders „ 

466.195 Monitoring and siu^eiUaiice program; inspection 

466.200 Procedure for emergencies 

466205 Liability for improper disposal of waste; 

costs; lien for department expenditures 

466208 Requirement to reimbiirse deparimeht'for 

costs associated with implementing corrective action 

466.210 Actions or proceedings to enforce compliance 

466215 Post-closure permit for disposal site; 

rules; fee 

466225 Monitoring site; access 

(PCB Disposal Facilities) 

466250 Definition of "PCB disposal facility" 

466255 Disposal of PCB restricted; permit required for PCB disposal facility 

466260 Duties of department ' 

466.265 Rides for regulation of PCB disposal 

466270 Criteria for rules; study of disposal, methods 

466.275 Permit application for PCB disposal facility 

466280 Copies of application to be sent to affected 

state agencies 

466285 Notice of hearings on application 

466290 Public hearing in area of proposed facility 

required 

466295 Examination of applications; recommendation to commission; decision as to issuance; notice to applicant t, 

466300 Restrictions on commission authority to 

issue permit 

Title 36 Page 805 (2009 Edition) 
PUBLIC HEALTH AND SAFETY 

466.305 Investigation of complaints; hearing order 

466.310 Monitoring, inspection and surveillance 

program; access to facility and records 

466.315 Procedure for emergency 

466.320 Conditions for holding permit 

466.325 Annual fee 

466330 Acquisition by state of real property for 

disposal of PCB 

466.335 Consequences of revocation 

466.340 Restrictions on treatment or disposal of 

PCB at facility 

466.345 PCB facility permit fee 

466.350 Post-closiu-e permit; fee 

466.355 Interstate cooperation regarding toxics 

use and hazardous waste reduction programs 

466357 Requirements for certain generators of 

hazardous waste 

NOTICE OF ENVIRONMENTAL HAZARDS 

466.360 Policy 

466.365 Commission authority to establish sites 

• for which notice is required; rulemaking; 

report to Legislative Assembly 

466.370 ' Notice to owner; hearing; filing of notice 

if no objection 

466375 Filing of notice; content of notice 

466380 Interagency agreement for notices for radioactive w^aste disposal sites 

466385 'Amendment' of comprehensive plan and 

land use regulations; model language; ap-

: - peal of land use decision related to site 

requiring notice 

USE OF PCB 

466^05 Definitions for ORS 466.505 to 466.530 

466510 Sale of items containing concentrations 

of PCB prohibited^ rules; exceptions 

466.515 Electric transformers' or capacitors exempted; rules 

466.520 Exemption certificates; applications; conditions 

466.525 Additional PCB compounds niay be prohibited by rule •, 

466.530 Prohibited disposal of waste containing 

PCB 

SPILL RESPONSE AND CLEANUP 

OF HAZARDOUS MATERLVLS 

46&605 Definitions for ORS. 466.605 to 466.680 

466.610 Department authority relating to cleanup 

of oil or hazardous material 

46&615 Limit on conunission and department authority over radioactive substances 

466.620 Emergency response plan 

46a625 Ridemaking 

466.630 Commission designation > of substance as 

hazardous material 

466,635 , Report of spiU or release , of reportable 

quantity of hazardous materi a 

466640 Strict liability for spill or release; exceptions 

466.645 Cleanup; failure to complete, cleanup 

466.670 Oil and Hazardous Material Emergency 

Response and Remedial Action Fiuid 

466.675 Use of moneys in Oil and Hazardous Material Emei^ency Response and Remedial 

.* Action Fund 

466.680 Responsibility for expenses of cleanup; 

record; treble damages; order; appeal 

OIL STORAGE TANKS 

(General Provisions) 

46a706 Definitions for ORS 466.706 to 466.882 and 

466594 

46a710 Application of ORS 466.706 to 466.882 and 

466594 

466.715 Legislative findings 

(Administration) 

466.720 Statewide underground storage tank program; federal authorization; mles 

466.725 Limitation on local government regulation 

466.727 Prohibition on local government tax, fee 

or siu-charge 

466.730 Delegation of program administration to 

state agency or local government by 

agreement 

466.735 Cooperation with Department of Consumer and Business Services and State 

Fire Marshal 

•^6.740 Noncomplying installation prohibited 

466.743 Training on operation, maintenance and 

testing; rules 

466.746 Conunission rules; considerations 

(Licehses; Permit's) 

466.750' License procedure for persons servicing 

midei'grouild tanks 

466.760 When permit required; who reqiured to 

sign application 

466.765 Duty of o-wner or permittee of underground storage tank 

466.770 Corrective action required on contamina:ted site 

466.775 Grounds for refusal, modification, suspension or revocation of permit 

466.780 Variance upon petition > 

(Finance) 

466.783 Installation fee; permit modification fee 

466.785 Annual storage tank fee; late payment fee 

.466,787 -Annual service, provider fee; biennial 

supervisor fee 

466.791 Underground, Storage Tank Compliance 

and Corrective Action Fund; sources; uses 

466.795 Underground Storage Tank Insurance 

Fund 

466.800 Records as public records; exceptions 

(Enforcement) 

466.805 Site inspection;, subpoena or warrant 

466.810 Investigation on noncompliance; findings 

and orders; deconunissioning tank; hearings; other remedies 

466£15 Financial responsibility bf owner or 

permittee; rules; legislative review 

466£20 Reimbursement to department; procedure 

for collection; treble damages 

466.825 Strict liability of owner or permittee 

Title 36 Page 806 (2009 Edition) 
I 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 

466.830 Halting tank operation upon clear and 

immediate danger 

466.835 Compliance and correction costs as lien; 

enforcement 

466£37 Noncompliance penalties for specific 

underground storage tank violations; 

waiver of right to appeal; advisory committee; rules 

(Financial Assistance Programs) 

466.84D Legislative findings 

466.845 Commission authority to accept and expend moneys received for financial assistance programs 

(Heating Oil Tanks) 

466.858 Heating oil tank regulatory program; license to provide heating oil tank services; 

certification of corrective action 

466.862 License required to provide heating oil 

tank services 

466£68 Licensing requirements; annual fee; registry of licensees; revocation of license 

466372 Certification of voltuitary decommissioning or approval of corrective action; fee 

466.878 Required actions when use of underground heating oil tank is terminated; 

requirements at time of sale of real property containing abandoned heating oil 

tank 

466382 Rules 

UNDERGROUND STORAGE TANKS 

HOLDING AIRCRAFT 

OR MARINE FUEL 

466S01 Definitions for ORS 466.901 to 466.915 

466503 Financial assistance program for fuel 

tanks holding aircraft or marine fuel; application; fees 

466505 Eligibility for financial assistance; amount 

of grants 

466507 Rules 

466510 Sources of funds; disposition 

466513 Fuel Tank Compliance and Corrective 

Action Fund 

466515 Memorandum of understanding with State 

Marine Board or Department of Transportation 

466517 Priority of financial assistance granted by 

Director of Transportation 

466520 Priority for distribution of funds by State 

Marine Board 

CIVIL PENALTIES 

466590 Civil penalties generally 

466592 Civil penalties for damage to wildlife resulting fi'om contamination of food or 

water supply 

466594 Civil penalties for violations of underground storage tank regulations 

466595 

CRIMINAL PENALTIES 

Criminal penalties 

• t h 

Title 36 Page 807 (2009 Edition) 
PUBLIC HEALTH AND SAFETY 

Titie 36 Page 808 (2009 Edition) 
If 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.005 

STORAGE, TREATMENT AND 

DISPOSAL OF HAZARDOUS WASTE 

AND PCB 

(General Provisions) 

466.005 Definitions for ORS 453.635 

and 466.005 to 466.385. As used in ORS 

453.635 and 466.005 to 466.385 and 466.992, 

unless the context requires otherwise: 

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

(2) "Department" means the Department 

of Environmental Quality. 

(3) "Director" means the Director of the 

Department of Environmental Quality. 

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

discharge, deposit, injection, dumping, spilling, leaking or placing of any, hazardbus 

waste into or on any land or water so that 

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

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 appurtenances and improvements on the land used for treating, 

storing or disposing of hazardous waste. 

"Facility" may consist of one or more treatment; storage or disposal operational units. 

(6) "Generator" means the person, who 

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

be caused the creation of a hazardous waste. 

(7) "Hazardous waste" does not include 

radioactive material or the radioactively 

contaminated containers and receptacles 

used in the transportation, storage, use or 

application of radioactive waste, unless the 

material, container or receptacle is classified 

as hazardbus waste under paragraph (a), (b) 

or (c) of this subsection on some basis other 

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

iriclude air of the following which are not 

declassified by the commission under ORS 

466.015 (3): . 

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

for the purpose of defoliating plants or for 

the preventing, destrojdng, repelling or mitigating of insects, fungi, weeds, rodents or 

predatory animals, including but not limited 

to defoliants, desiccants, fiingicides, herbicides, insecticides, nematocides and rodenticides. 

(b) Residues resulting from any process 

of industry, manufacturing, trade or business 

or government or from the development or 

recovery of any natural resources, if such 

residues are classified as hazardous by order 

of the commission, after notice and public 

hearing. For purposes of classification, the 

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

may: 

(A) Cause or significantly contribute to 

an increase in mortality or an increase in 

serious irreversible or incapacitating reversible illness; or 

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

transported, or disposed of, or otherwise 

managed. 

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

substances described in paragraphs (a) and 

(b) of this subsection. 

(8) "Hazardous waste disposal site" 

means a geographical site in which or upon 

which hazardous waste is disposed. 

(9) "Hazardous waste storage site" means 

the geographical site upon which hazardous 

waste is stored. 

(10) "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 

identifjdng the quantity, composition, and the 

origin, routing and destination of hazardous 

waste during its transportation from the 

point of generation to, the point of disposal, 

treatment or storage. 

(12) "PCB" has the meaning'given that 

term in ORS 466.505. 

(13) "Person" means the United States, 

the state or a public or private corporation, 

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

estate or any other legal entity. 

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

temporary basis or for a period of years, in 

a manner that does not constitute disposal 

of the hazardous waste. 

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

waste by any means. 

(16) "Treat" or "treatment"' means any 

method, technique, activity or process, including but not limited to neutralization, designed to change the physical, chemical, or 

biological character or cqiripositipn of any 

hazardous waste so as to neutralize the 

waste or so as to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in 

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

¥ 'K: 

I' ) 

/ t 

t jl 

Titie 36 Page 809 (2009 Edition) 
466.010 PUBLIC HEALTH AND SAFETY 

466.010 Purpose. (l)(a) The Legislative 

Assembly finds that it is in the interest of 

public health and safety and environment to 

protect Oregon citizens from the potential 

harmful effects of the transportation and 

treatment or disposal of hazardous waste and 

PCB within Oregon. 

(b) Therefore, the Legislative Assembly 

declares that it is the purpose of ORS 466.005 

to 466.385 and 466.992 to: 

(A) Protect the public health and safety 

and environment of Oregon to the maximum 

extent possible; 

(B) Exercise the maximum ainount of 

control over actions within Oregori relating 

to hazardous waste and PCB transportation 

and treatment or disposal; 

(C) Limit to the extent possible the 

treatment or disposal of hazardous waste and 

PCB in Oregon to materials originating in 

the states that are parties to the North'west 

Interstate Compact on Low-Level Radioactive 

Waste Management under ORS 469.930; and 

(D) Limit to the extent possible the size 

of any hazardous waste or PCB treatment or 

disposal facility in Oregon to a size equal to 

the amount of waste and PCB originating in 

Oregon, Washington, Idaho and Alaska of the 

type handled by such a treatment or disposal 

facility. 

(2) The Legislative Assembly further 

firids and declares that in the iriterest of 

public health and safety and to protect' the 

eriviroiiment, it is the policy ofthe State of 

Oregbn to give priority in riaanaging hazardous waste in Oregon to iriethods'that reduce 

the quantity and toxicity of hazardous waste 

generated before using methods that reuse 

hazardous , waste, recycle hazardous waste 

that carinoit be reused, trba.t hazardous waste 

or dispose of hazardous waste by laiidfilling. 

[1985 C.670 §3; 1987 c.540 §4a; 1989 c.833 §95] 

(Administration) 

466.015 Powers and duties of department: The Department of Erivironmental 

Quality shall: 

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

466.005 to 466.385 and 466.992 and may perform all functions necessary: 

(a) To insure the proper management of 

hazardous waste by generators; 

(b) For the regulation of the operation 

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

(c) For the permitting of hazardous waste 

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

(2) Coordinate arid supervise all functions 

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

of ORS 466.005 to 466.385 and 466.992. 

(3) After notice and public hearing pursuant to ORS chapter 183, declassify as hazardous waste those substances described in 

ORS 466.005 (7) which the Environmental 

Quality Commission finds, after deliberate 

consideration, taking into account the public 

health, welfare or safety or the environment, 

have been properly treated or decontaminated or contain a sufficiently low concentration of hazardous material so that such 

substances are no longer hazardous. [Formerly 

459.430; 1987 c.540 §5] 

466.020 Rides and orders. In accordance 

with applicable jprovisions of ORS chapter 

183, the Environmental Quality Commission 

shall: 

. (1) Adopt rules and issue orders thereon, 

including but not limited to establishing 

minimum requirements for the treatment, 

storage and disposal of hazardous wastes, 

minimum requirements for operation, maintenance, monitoring, reporting and supervision of treatment, storage or disposal sites, 

and requirements and procedures for selection of such sites. 

(2) Adopt rules and issue orders thereon 

relating to the procedures of the Department 

of Environmental Quality to hearings, filing 

of reports, submission of plans and the issuance, revocation and modification bf perriiits 

issued under ORS 466.005 to 466.385 and 

466.992. 

(3) Adopt rules and issue orders thereon 

to classify as hazardous waste those residues 

defined in ORS 466.005 (7)(b), 

(4) Adopt rules and issue, orders thereon 

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

disposition of such hazardous waste and 

waste minimization activities. Rules may be 

adopted exempting certain classes of generators from such requirements. 

(5) Adopt rules and issue orders relating 

to the transportation of hazardous waste by 

air br water.. ^ 

; (6) Adopt rules and issue orders relating 

to the production, marketing, distribution, 

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

(7) Adopt rule^ and issue'orders relating 

to corrective action, including corrective action within the facility or beyond the facility 

boundary if necessary to protect public 

health or the environment, for all releases 

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

the facility or originating within the facility 

and releasing beyond the facility boundary. 

'Si: 

Title 36 Page 810 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.045 

fi'om any hazardous waste treatment, storage 

or disposal facility, regardless of the time the 

hazardous waste was placed in the facility. 

(8) Adopt rules and issue orders relating 

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

disposal site. 

(9) Adopt rules necessary to implement 

the certification requirements of ORS 

466.357. [Formerly 459.440; 1987 c.540 §6; 1989 c.833 

§112] 

466.025 Duties of commission. In order 

to carry out the provisions of ORS 466.005 to 

466.385 and 466.992, the Environmental 

Quality Commission shall: 

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

(2) Establish classes of hazardous waste 

or PCB that may be disposed of or treated; 

(3) Designate the location bf a facility 

designed to dispose of or treat hazardous 

waste or PCB; and 

(4) Limit to the extent otherwise allowed 

by law, the hazardous waste or PCB accepted 

for treatment or disposal at a facility first to 

hazardous waste br PCB originating in Oregon, or if the capacity of the facility as established under ORS 466.055 allows, or it is 

necessary for the conimission to receive and 

maintain state authorization of a hazardous 

waste regulatory program under P.L. 94-580 

and P.L. 98-616, to states that are parties to 

the Northwest Interstate Compact on LowLevel Radioactive Waste Management as set 

forth m ORS 469.930. [1985 c.670 §4] 

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

Environmental Quality Coinmissiori may, by 

rule, designate classes of facilities designed 

to treat or dispose of hazardous waste or 

PCB that shall be subject to the provisions 

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

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

466.035 Commission authority to impose standards for hazardous w^aste or 

PCB at Oregon facility. The Environmental 

Quality Commission may impose specific 

standards for the range and tj^e of hazardbus waste or PCB treated or disposed of at 

a facility in order to protect the public 

health and safety and environment of Oregon. [1985 0.670 §9] 

466.040 Application period for PCB or 

hazardous waste permit. Whenever the 

Environmental Quality Commission finds 

there is a need for an additional hazardous 

waste or PCB treatment or disposal facility 

according to the criteria established in ORS 

466.055, the commission shall establish an 

application period dtiring which persons may 

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

466.285 or a hazardous waste disposal facility 

permit under ORS 466.005 to 466.385 and 

466.992. [1985 c.670 §10; 1987 c.540 §16] 

466.045 Application form; contents; 

fees; renew^al application; rules. (1) Upon 

request, the Department of Environmental 

Quality shall furnish an application form to 

any person interested in developing or constructing a hazardous waste or PCB treatment or disposal facility or a hazardous 

waste storage facility. Each such form shall 

contain: 

(a) The name and address of the applicant. 

(b) A statement of financial condition of 

the applicant, including assets, liabilities and 

net worth. 

(c) The experience of the applicant in 

construction, management, supervision or 

development of hazardous' waste or PCB 

treatment or disposal facilities and in the 

handling of such substances. 

(2) The department shall also require the 

submission of such information relating to 

the construction, development or establish- f 

ment of a proposed hazardous waste or PCB .• 

treatment or disposal site and facilities to be 

operated in conjunction therewith, and such 

additional information, data and reports as it 

deems necessary to make a decision on 

granting or denying a permit. 

(3) If the application is for a new permit 

to operate a new hazardous waste or PCB 

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

shall pay a fee as determined imder subsection (5)(a) of this section to cover the department's costs in investigating and 

processing the application. Any portion of 

the fee that exceeds the department's costs 

shall be refunded to the applicant. 

(4) If the application is fbr the renewal 

of an existing permit, the applicant shaU pay 

a fee as determined under subsection (5)(a.) 

of this section to cover the department's 

costs in investigating and processing the renewal application. Under no circumstances 

shall the renewal fee exceed a total of 

$150,000. Any portion ofthe fee that exceeds 

lihe department's costs shair be refunded to 

the applicant. 

(5) The Environmental Quality Commission by rule: 

(a) Shall specify chargeable elements, 

rates and other appropriate mechanisms and 

procedures for determining the costs of new 

and renewal permit processing as set forth in 

subsections (3) and (4) of this section. 

(b) Shall specify a cost recovery mechanism for reimbursing the costs of the deTitle 36 Page 811 (2009 Edition) 
466.050 PUBLIC HEALTH AND SAFETY 

partment associated with the implementation 

of corrective action required under ORS 

466.105. 

(c) Shall adopt a schedule of fees to defray the department's costs incurred during 

the processing of treatment, storage or disposal permit modifications. 

(d) May adopt a schedule of fees to defray 

the costs of the department incurred in investigating and processing applications fbr 

hazardous waste declassifications under ORS 

466.015, hazardous waste delistings and petitions for universal waste listings. 

(6) For fees or funding mechanisms 

adopted or applied under subsections (3) to 

(5) of this section, the fee structure or recovery mechanism shall reflect as accurately 

as possible, and be limited to, the costs of 

services and regulatory activities provided by 

the department to the category of payers incurring feesbr the party assessed cost; recovery. 

(7) For funding mechanisms adopted or 

applied under subsections (3) to (5) of this 

section other than fee schedules adopted by 

the commission, the .commission shall require 

the department to provide to any party so 

assessed: 

(a) A, good faith estimate of the total 

projected costs prior to the commencement 

of the activity for which costs will be accrued; 

(b) A detailed accounting of all costs 

subsequently incurred; and 

(c) A description of the reasons for any 

discrepancy between projected and assessed 

costs at the time the department becoiries 

aware that such a discrepancy has occurred 

or is likely to occur. 

(8) All fees received under this section 

are continuously appropriated to the department for pajonent of the department costs in 

carrying out the activity for which the fees 

were received. [1985 c.670 §11; 1987 c.540 §17; 1997 

c.576 §1] 

466.050 Citizen advisory conunittees. 

(1) To aid and advise the Director of the Department of Environmental Quality and the 

Environmental Quality Commission < in the 

selection of a hazardous waste or PCB treatment or disposal facility or the siteof such 

facility, the director shall establish citizen 

advisory committees as the directbr considers necessary. The director shall determine 

the representation, membership, terms and 

organization of the committees and shall appoint their members. The director or a designee shall be a nonvoting member of each 

committee. 

(2) The advisory committees appointed 

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

recommendations on the applications to the 

commission. [1985 c.670 §12] 

466.055 Criteria for new facility. Before 

issuing a permit for a new facility designed 

to dispose of or treat hazardous waste or 

PCB, the Environmental Quality Commission 

must find, on the basis of information submitted by the applicant, the Department of 

Environmental Quality or any other interested party, that the proposed facility meets 

the following criteria: 

(1) The proposed facility location: 

(a) Is suitable for the type and amount 

of hazardous waste,,or PCB intended for 

treatment or disposal at the facility; 

(b) Provides the maximum protection 

possible to the public health and safety and 

environment of Oregon from release of the 

hazardous waste or PCB stored, treated or 

disposed of at the facility; and 

(c) Is situated sufficient distance from 

urban growth boundaries, as defined in ORS 

197.295, to protect the public health and 

safety, accessible by transportation routes 

that minimize the threat to the public health 

and safety and to the,environment and sufficient distance from parks, wilderness and recreation areas to prevent adverse impacts bri 

the public use and enjoyment bf those areas. 

(2) Subject to any applicable, standards 

adopted under ORS 466.035, the design of the 

proposed facility: 

(a) Allows for treatment or disposal of 

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

(b) Significantly adds to: 

(A) The range of hazardous waste or PCB 

handled at a' treatment or disposal facility 

currently permitted under ORS 466.005 to 

466.385; or 

(B) The type of technology employed at 

a treatment or disposal facility currently 

permitted vmder ORS 466.005 to 466.385. 

(3) The proposed facility'uses thb best 

available technology for treating or disposing 

of hazardous waste or PCB as determined by 

the departxrient or the United States Environmental Protection Agency. 

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

(a) Lack of adequate current treatinent 

or disposal capacity in Oregon, Washington, 

Idaho and Alaska to handle hazardous waste 

or PCB generated by Oregon companies; 

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

of protection of the public health and safety 

or environment; or 

Titie 36 Page 812 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.067 

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

(5) The proposed hazardous waste or PCB 

treatment or disposal facility has no major 

adverse effect on either: 

(a) Public health and safety; or 

(b) Environment of adjacent lands. [1985 

c.670 §5; 1987 c.540 §18; 1989 c.833 §96] 

466.060 Criteria to be met by OAvner 

and operator before issuance of permit. 

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

or PCB, the permit applicant must demonstrate, and the Environmental Quality, Commission must find, that the owner and 

operator meet the following criteria: 

(a) The owner, any parent company of 

the owner and the operator have adequate 

financial and technical capability to properly 

construct and operate the facility; and 

(b) The compliance history of the-owner 

including any parent company of the owner 

arid the operator in owning and operating 

other similar facilities, if any," indicates an 

ability and willingness, to operate the proposed facility in compliarice with the provisioris of ORS 466:005 to 466.385 and 466.992 

or any condition impbsed on the permittee 

by the commission. 

(2) If requested by the permit applicant, 

information submitted as confidential under 

subsection (l)(a) of this section shall be 

maintained confidential and exempt from 

public disclosure to the extent provided by 

Orego n law . [1985 c.670 §7; 1987 c.540. §19; 1989 c.833 

§97] 

466.065 Applicant for renewal to comply with ORS 466.055 and 466.060; exceptions; permit conditions; rules. As a 

condition to the issuance of a renewal permit 

imder ORS 466.005 to 466.385 and 466.992, 

the Environmental Quality Commission may 

require the applicant to comply with all or 

some of the criteria set forth in ORS 466.055 

and 466.060, except that any application for 

a renewal permit for a treatment or disposal 

facility located off the site of waste generation and operating on July 15, 1999, shall 

not have to comply with ORS 466.055 and 

46^6.060 unless the applicant proposes a,different type of treatment or disposal than has 

been authorized for use at any time at the 

facility. In issuing any reriewal permit for 

such a facility, the comiriissiori shall include 

in the permit conditions that require all of 

the following: 

(1) The facility is limited to acceptance 

of hazardous waste or PCB for treatment or 

disposal in an amount not to exceed 110 percent of the amount of hazardous waste or 

PCB treated or disposed by the facility under 

any permit. The Department of Environmental Quality shall approve acceptance of 

a greater amount of hazardous waste or PCB 

for treatment or disposal as part of a permit 

renewal or modification process if the applicant demonstrates that a greater amount of 

hazardous waste or PCB is necessary either 

to protect or to provide a higher level of 

protection of the public health and safety or 

of the environment. 

(2) The facility complies with all applicable federal and Oregon technological requirements for treating and disposing of 

haz£U"dous waste or PCB. 

(3) The facility meets property line setback requirements established by the conimission by rule. 

(4) The facility owner, any parent company of the owner and the operator comply 

with all applicable Oregon and federal requirements for financial and technical capability to properly construct and operate the 

facility. 

' (5) The facility owner or operator owns 

br cbntracts with ari emergency response 

provider or cbordinator that can provide for ' 

timely response to a spill or release iri Ore- / 

gon of hazardous waste or PCB being transported to the facility by a motor vehicle 

owned by the owner or operator of the facility. 

(6) Any person hired by the owner or operator bf the facility to transport hazardous 

waste or PCB to the facility owns or has a 

contract with an emergency response provider or coordinator that can provide for 

timely respbnse to a spill or release in Oregon of hazardous waste or PC B being transported by a motor vehicle to the facility. 

(7) Upon arrival at the.: facility of any 

motor vehicle transporting hazardous waste 

or PCB not described in subsection (5) or (6) 

of this section, fhe owner or operator of the 

facility shall request to review the transporter's authorization to transport hazardous 

waste or PCB in Oregon and the driver's authbrizatibri to drive a motor vehicle transporting hazardous waste or PCB in Oregon. 

The owner or operator of the facility shall 

report to the department the name of any 

transporter or driver failing to demonstrate 

authorization . [1985 c.670 §6; 1987 c.540 §20; 1999 

C.740 §4] ' • 

466.067 Modification of PCB or hazardous waste permit to allow recycling 

operation; fee. (1) The Department of Environmental Quality may issue a permit modification under ORS 466.005 to 466.385 

authorizing a recycling operation at a hazardous waste or PCB treatment or disposal 

facility located off the site of waste generation and operating; on July 15, 1999, and 

shall not apply ORS 466.055 or 466.060, proTitle 36 Page 813 (2009 Edition) 
f 

466.068 PUBLIC HEALTH AND SAFETY 

vided the owner or operator of the facility 

obtains a determination firom the department 

that, in accordance with the Federal Resource Conservation and Recovery Act, P.L. 

94-580, and the Hazardous and Solid Waste 

Amendnaents of 1984, P.L. 98-616 as amended, 

the recycling operation is legitimate and will 

produce material that is exempt froni the definition of solid waste. 

(2) The department shall apply the 

schedule of fees authorized by ORS 466.045 

(5)(c) and (d) to defray the costs of processing 

the application for authorization for permit 

modification and making the determination 

under subsection (1) of this section. [1999 c.740 

(Hazardous Waste) 

466.068 Technical assistance and information program for generators of 

hazardous waste; rules. (1) The Department of Environmental Quality shall implement a technical assistance and information 

program for generators of hazardous waste. 

The program shall include but need not be 

limited to: 

(a) Direct, on-site assistance; J' 

' (b) Coordination with industry trade associatibns; 

(c) Information clearinghouse activities; 

(d) Publications and workshops; and 

(e) Other activities related to technical 

assistarice. 

(2) Technical assistance services provided 

under this section shah not result in inspections or other enforcement actions umess 

there is reasonable cause to believe there 

exists a clear and iinmediate danger to the 

public health and safety bf to the environment. The Environmental Quahty Coinnussion may develop rules to carry out the 

intent of this subsection. [1991 c.72l §5; 2003 c.654 

§5] 

466.069 Hazardous Waste /Technic^ 

Assistance Fund; uses; limitations. (1) 

The Hazardous Waste Technical Assista.nce 

Fund is established in the State Treasury, 

separate and distinct from,the General Fund. 

Interest earned on the Hazardoiis Waste 

Technical Assistance Fund shall be credited 

to the fund. 

(2) Moneys in the Hazardous Waste 

Technical Assistance Fund are continuously 

appropriated to the Department of Environmental Quality tp implement ORS 466;068. 

(3) The department may not expend more 

than 15 percent of the moneys in the fund to 

pay for the department's administrative and 

personnel costs in implementing ORS 

466.068. [2003 c.654 §2) 

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 operation 

and maintenance of hazardous waste disposal 

sites, the Environmental Quality Commission 

shall provide for the highest and best practicable disposal of the hazardous wastes in a 

manner that will minimize: 

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

noxious gases or odorSj fire, explosion or the 

discharge of the hazardous wastes; and 

(b) The amount of land used for burial of 

the hazardous wastes. 

(2) The Department of Environmental 

Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under ORS 

466.020 and subsection (1) of this section and 

shall report its findings and recommendations to the commission. [Formerly 459.442] 

466.075 Rules for generators of hazardous waste. (1) The Environmental Quality Cbmmission may, by rule, require 

generators of hazardous waste to: 

(a) Identify themselves to the Department 

of Environmental Quality, list , the location 

and general characteristics of their activity 

and name the hazardous waste generated; 

(b) Keep records that accurately identify 

the quantities of such hazardous waste, the 

constituents thereof, the disposition of such 

waste and waste minimization activities; 

(c) Fumish information on the chemical 

composition of such hazardous waste to persons transporting, treating, storing or disposing qf such waste; 

(d) Use -a department approved manifest 

system to assure that all such hazardous 

waste generated is destined for treatment, 

storage or dispbsal in treatment, storage or 

disposal facilities (other than facilities on the 

premises where the waste is generated) 

which are operating pursuant to' lawfiil authority; 

(e) Submit reports to the department setting but quantifies of hazardous waste generated during a given time period, the 

disposition of all such waste and waste minimization activities; 

(f) Comply 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 

Titie 36 Page 814 (2009 Edition) 

ISE^' 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.090 

relieve any generator from compljdng with 

any other rule or standard regarding storage 

of hazardous waste. 

(3) The commission by rule may exempt 

certain classes or types of hazardous waste 

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

made if the commission finds that, because 

of the quantity, concentration, methods of 

handling or use of a hazardous waste, such 

a class or type of generator is not likely either: 

(a) To cause or significantly contribute 

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

(b) To pose a substantial present or potential threat to human health or the environment. 

(4) The commission by rule may provide 

for a special permit for the treatment of 

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

adverse iriipact on: 

(a) Public health and safety; or 

(b) The environment of adjacent lands. 

[Formerly 459.446; 1987 c.540 §7] 

466.077 Fee for generators of hazardous waste to obtain identification niunber. (1) Generators of hazardous waste who 

are required to obtain a United States Environmental Protection Agency identification 

number from the. Departirient of Environmental Quality pursuant to 40 C.F.R. 262.12 

shall pay to the department a one-time processing fee of $200 at the time of submitting 

an application for the identification number. 

(2) Fees paid under this section are continuously appropriated to the department to 

pay the costs of implementing ORS 466.005 

,t0 466.385. [2003 c.654 §3] 

466.080 Rules for transportation of 

hazardous waste. In adopting rules governing transportation of any hazardous wastes 

for which a permit is required, the Department of Transportation or the State Department of Agriculture must consult with and 

consider the recorrimendations of the Department bf Environmental Quality prior to the 

adoption of any such rules. Trsmsporters 

shall be required to deliver hazardous wastes 

to a site named in the manifest provided for 

m ORS 466.005 to 466.385, 466.990 (1) and (2) 

and 466.992, or to an altemative site approved by the department. [Formerly 459:450; 

1993 C.422 §22] 

46a085 [Formerly 459.455; repealed by 1987 c.540 

§53 (466.086 enacted in Keu of 466.085)] 

466.086 Gaining federal authorizationrules. (1) The Environmental Quality Coni-f' 

mission and the Department of Environmental Quality are authorized to perform or 

cause to be performed any act necessary to 

gain interim and final authorization of a 

hazardous \yaste regulatory 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, P.L. 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 section. [1987 c.540 §54 (enacted in lieu of 466.085)] 

466.090 Inspection and copying of records authorized; exceptions. (1) Except as 

provided in subsection (2) of this section, any 

information filed or submitted pursuant to 

ORS 466.005 to 466.385 and 466.992, shall be 

made available for public inspection • and 

copying during regular office hours of the" 

Department of Environmental Quality at th / 

expense of any person requesting copies. -

(2) Unless classified by the Director of 

the Department of Environmental Quality as 

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

arid 466.992 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 or processes 

entitled to protection as trade secrets of such 

person, the director shall classify as confidential such record, report or information, 

or particular part thereof. However, such record, report or information may be disclosed 

to other officers, employees or authorized 

representatives of the state concerned with 

carrying out ORS 466:005 to 466.385 and 

466.992 or when relevant in any proceeding 

under ORS 466.005 to 466.385 and 466.992. 

(3) Records, reports and information obtained or used by the department or the Environmental Quality Commission in 

administering the state hazardous waste program under ORS 466.005 to 466.385 and 

466.992 shall be available to the United 

States Environmental Protectiori Agency and 

the federal Agency for Tbxic Substances and 

Disease Registry, upon request. If the records, reports or information has been submitted to the state , under a claim of 

confidentiality, the state' shall make that 

claim of confidentiality to,:ithe Environmental 

Protection Agency and the Agency for Toxic 

Substances and Disease Registry for the requested records, reports or information. The 

Title 36 Page 815 (2009 Edition) 
466.095 PUBLIC HEALTH AND SAFETY 

^^t h 

federal agencies shall treat the records, reports or information that is subject to the 

confidentiality claim as confidential in accordance with applicable federal law. 

[Formerly 459.460; 1987 c.540 §8] 

466.095 Hazardous waste to be stored 

or treated at permitted site; exemptions. 

(1) Except as provided in ORS 466.075 (2), no 

person shall: 

(a) Store a hazardous waste an3rwhere in 

this state except at a permitted hazardous 

waste treatment, storage or disposal site; 

. (b) Establish, construct or operate a hazardous waste storage site in this state without obtaining a hazardous waste storage site 

permit issued pursuant to ORS 466.005 to 

466.385, 466.990 (1) and (2) and 466.992; or 

(c) Establish, construct or operate a hazardous waste treatment site in tMs state 

without obtaining a hazardous waste treatment site permit issued under ORS 466.005 

to 466.385 and 466.992. 

(2) The Environmental Quality Commission may exempt certain classes of hazardous 

waste storage or treatment sites from part 

or all of the permitting requirements for 

these sites. Such an exemption can only be 

ade if the commission finds that, because 

of the quantity, concentration or type of 

waste or duration of storage, such a class of 

storage or treatinent site is not likely to endanger the public health, welfare or safety 

or the environmerit. 

(3) If the Director of the Department of 

Environmental Quality finds an emergency 

condition to exist, the director may authorize 

the short-term storage or treatment of a 

hazardous waste anywhere in the state as 

long as such temporary storage or treatment 

shall not constitute a hazard to public 

health, welfare or safety or to the environment. [Formerly 459.505; 1987 c.540 §9; 1993 c.422 §23] 

466.100 Disposal of waste restricted; 

permit required. (1) Except as provided in 

subsection (3) of. this section, no person shall 

dispose of any hazardous waste anywhere in 

this state except at a hazardous waste disposal site permitted piursuant to ORS 466.110 

to 466.170. 

(2) No persbn shall establish, construct 

nr operate a disposal site without a permit 

therefor issued pursuant to ORS 466.005 to 

466.385 arid 466.992. 

(3) The Department of Environmental 

Quality may authorize disposal of specified 

hazardous wastes at specified solid waste 

~ lisposal sites operating under department 

permit issued pursuant to ORS 459.205 to 

459.385. Such authorization may be granted 

only under procedures approved by the Environmental Quality 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; 1993 

c.560 §103] 

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

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

(1) Maintain records of any hazardous 

waste identified pursuant to provisions of 

ORS 466.005 to 466.385, 466.990 (1) and (2) 

and 466.992 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 

of Environmental Quality on types and volumes of wastes received, their manner bf 

disposition and waste minimization activities 

for any hazardous waste generated on^the 

premises. 

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

(4) Maintain current contingency plans 

to minimize damage from spillage, leakage, 

explosion, fire or other accidental or intentional event. 

(5) Maintain sufficient liability insurance 

or equivalent financial assurance in. such 

amounts as determined by the department tp 

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

of the people of this state. 

(6) Assure that all personnel who are 

employed by the permittee are trairied in 

proper procedures for handling, transfer, 

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

(7) Maintain other plans and exhibits and 

take other actions pertaining to the site and 

its operation as determined by the department to be reasonably necessary to protect 

the public- health, welfare or safety or the 

environment. 

(8) Restore, to the extent reasoriably 

practicable, the site to its original condition 

when use of the area is terminated. * 

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

state in an amount estiiriated by the department to be sufficient to cover any costs bf 

closing the site, including corrective actions, 

and monitbring it or providing for its security after closure and to secure perfoririance 

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

except to the extent it is released or modified 

by the department. 

Titie 36 Page 816 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.120 

• 

(10) Provide corrective action, including 

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

by the department to be necessary to protect 

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

constituents of hazardous waste, occurring 

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

time the hazardous waste was placed at the 

facility. The department shall provide to the 

permittee a written directive for the necessary corrective action. [Formerly 459.517; 1987 

c.540 §10; 1993 c.422 §24] 

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 any 

state court or any federal court cannot be 

obtained over a permittee likely to be solvent 

at the time of judgment, any claim arising 

from conduct for which evidence of financial 

responsibility is required under ORS 466.105 

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

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

this section, the guarantor shall be entitled 

to all rights and defenses that would have 

been available to the permittee if the action 

had been brought against the permittee and 

that would have been available to the 

guarantor if the action had been brought 

against the guarantor by the permittee. 

(2) The total liability of any guarantor 

shall be limited to the aggregate amount the 

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

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

state or federal statutory, constructual or 

common law liability of a guarantor to a 

permittee including, but not limited to, the 

liability of a guarantor for bad faith either in 

negotiating or in failing tb negotiate the 

settlement of any claim. 

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

means any person other than the permittee, 

who provides evidence of financial responsibility for a permittee under ORS 466.105 (5) 

or (9). [1987 c.540 §3] 

466.110 Application; form. (1) The Department of Environmental Quality shall 

fumish an application form to anyone who 

wishes to operate a hazardous waste storage 

or treatirient site. 

(2) In addition to information requested 

on the application form, the departriient shall 

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

hazardous waste storage or treatment site 

and facilities to be operated in conjunction 

therewith and such additional information, 

data and reports as it deems necessary to 

make a decision on granting or denjdng a license. [Formerly 459.535; 1987 c.540 §22] 

466.115 Required application information. Permit applications submitted to the 

Department of Environmental Quality for 

managing, operating, constructing, developing or establishing a hazardous waste disposal site must contain the following: 

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

be responsible for the operation of the site 

and a resume of the qualifications of the 

person, the proposed method of disposal, the 

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

proposed emergency measures to be provided 

at such site. • '^ 

(2) A description of the size and type of 

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

used, the size and construction of structures 

or buildings, waming signs, notices and 

alarms to be used, the type of drainage and , 

waste treatment facilities and maximum ca-^ / 

pacity , of such facilities, the location and' 

source of each water supply to be used and 

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

(3) A preliminary engineering sketch and 

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

water supply facilities, if any, to be used at 

such site. 

(4) The exact location and place where 

the applicant proposes to operate and maintain the site, including the legal description 

of the lands included within such site. 

(5) A preliminary geologist's stirvey report indicating Iknd formation, location of 

water resources and direction of the flows 

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

of such water resources. 

(6) The names and addresses of the applicant's current or proposed insurance carriel-s, including copies of insurance policies 

the n iri effect. [Formerly 459.540; 1987 c.540 §23] 

46(5.120 Required application information to operate site. Applications for a permit to operate a hazardous waste storage or 

treatment site shall include at a minimum: 

(1) The name and address of the applicant 

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

(2) Estimates #t h respect to compositions, quantities arid concentrations of any 

hazardous waste identified under ORS 

Title 36 Page 817 (2009 Edition) 
466.125 PUBLIC HEALTH AND SAFETY 

466.005 to 466.385, 466.990 (1) and (2) and 

466.992, and the time, frequency or rate at 

which such hazardous waste may be received, stored, treated, transported or disposed. 

(3) A description of the operational plan 

for the site, including handling methods, 

storage or treatment methods, hours and 

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

location of water supply and drainage facilities and traffic flow. 

(4) A description of security measures at 

the site including, but not limited to, t3^e, 

height and location of fencing, manner for 

controlling access to the site, alarm systems 

and warning signs. 

(5) The name of any person who will be 

responsible for managing the operation of the 

site and a statement of the qualifications of 

such persons. 

(6) The name of the liability insurance 

carrier who will provide coverage required in 

O RS 466.105. [Formerly 459.545; 1987 c.540 §24; 1993 

, c.422 §25] 

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

hazardbus waste disposal site permit application, the Environmental Quality Commission 

shall cause notice to be given in the county 

or counties where the proposed site is located in a manner reasonably calculated to 

notify interested and affected persons of the 

permit application. 

(2) The notice shall contain iriformation 

regarding the approximate location of the 

site and the type and amount of materials 

intended for disposal at such site, and shall 

fix a time and place for a public hearing. In 

addition, the notice shall contain a statement 

that any person interested in or affected by 

the proposed site shall have opportunity to 

testify at the hearing. [Formerly 459.550; 1987 

c.540 §25], 

466.130 Public hearing in areas of 

proposed site required; The Environmental 

Quality 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 of Environmental Quality considers suitable. At the 

hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the 

application. [Formerly 459.560] 

466^135 Recommendations by state 

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

disposal site permit, the Department of Environmental Quality shall cause copies of the 

application to be sent to affected state agencies, including the Oregon Health Authority, 

the Public Utility Commission, the State 

Fish and Wildlife Commission and the Water 

Resources Director. Each agency shall respond by making a recommendation as to 

whether the permit application should be 

granted. If the Oregon Health Authority recommends against granting the permit, the 

Environmental Quality Commission must refuse to issue the permit. Recommendation 

from other agencies shall be considered as 

evidence in determining whether to grant the 

permit. (Formerly 459.570; 1987 c.540 §26; 2009 c.595 

§944] 

466.140 Review of applications; issuance. (1) The Department of Environmental 

Quality shall examine and review all hazardous waste disposal site permit applications 

submitted to it and make such investigations 

as it considers necessary, and make a recommendation to the Environmental Quality 

Commission as to whether to issiie the permit. 

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

section, the commission shall decide whether 

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

designated in the application. The decision 

of the commission is subject to judicial review under ORS 183.480. [Formerly 469.580; 1987 

c.540 §27] 

466.145 Review of treatment applica.-

tions; issuance. (1) The Department of Environmental Quality shall review and cause 

to be investigated all hazardous waste treatment site permit applications submitted to it. 

(2) After reviewing and investigating the 

application, the department shall decide 

whether or not tb issue the permit. It shall 

cause notice of its decision to be given to the 

applicant by certified mail at the address 

designated in the application. The decision 

of the department is subject to review by the 

Environmental Quality Commission under 

the provisions of ORS chapter 183 governing 

conteste d cases. (Formerly 459.585; 1987 c.540 §28] 

466.150 Permit requirements. Each 

hazardous waste disposal site permittee under ORS 466.005 to 466.385 and 466.992 shall 

be required to do the following as a condition 

to holding the perinit: 

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

plans and specifications approved therefor 

pursuant to ORS 466.005 to 466.385 and 

466.992 and the rules adopted thereunder. 

(2) Commence operation, management or 

supervision of the hazardous waste disposal 

site on completion of the project and not to 

permanently discontinue such operation. 

Title 36 Page 818 (2009 Edition) 
I? 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.165 

1. 

• •i 

management or supervision of the site without the approval of the Department of Environmental Quality. 

(3) Maintain sufficient liability insurance 

or equivalent financial assurance in such 

amounts as deterinined by the department to 

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

bf the people of this state. 

(4) Establish emergency procedures and 

safeguards necessary to prevent accidents 

and reasonably foreseeable risks. , 

(5) Restore, to the extent reasonably 

practicable, the site to its original condition 

when use of the area is terminated as a site. 

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

state arid 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 performance of permit requirements. The financial 

assurance shall remain in effect for the duration of the permit and until the end of the 

post-closure period, except as the assurance 

may be released or modified by the department. 

(7) Report periodically, on the volume of 

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

the premises. 

(8) Maintain other plans and exhibits and 

take other actions pertaining to the site and 

its operation as determined by the department to be reasonably necessary tb protect 

the public health, welfare or safety or the 

environment. [Formerly 459.590; 1987 c.284 §1; 1987 

•c.540 §11; 1999 c.740 §5] 

.466.153 Exemption from state or local 

laws for saile or deeding of land. The requiremerits of ORS chapters 92, 195 and 197 

and other state and local laws for the sale 

or deeding of larid do riot apply to: , 

(l)-Any portion of a hazardous waste disposal site deeded to the state as a condition 

of issuance of a hazardous waste disposal site 

hcense under ORS 466.150 (1) (1985 Replacement Part) that the state deeds back to the 

licensee. 

(2) Any real property deeded to the state 

as a condition of issuance of a PCB disposal 

facility hcense under ORS 466.320 (1) (1985 

Replacement Part) that the state deeds back 

to th e hcensee . [1987 c.284 §5 and 1987 c.540 §55] 

Note: 466.153 was enacted into la'w by the Legislative Assembly but was not added to or made a part of 

ORS chapter 466 or aiiy series therein by legislative 

action. See Preface to Oregon Revised Statutes for further explanation. 

466.155 Acquisition by condemnation. 

The Environmental Quality Commission may 

acquire real property for the disposal of hazardous wastes by instituting condemnation 

proceedings therefor to be conducted in accordance with ORS chapter 35. [Formerly 

459.595] 

466.160 Site permit fees; disposition; 

withdrawal by permittee. (1) The hazardous waste treatment, storage or disposal site 

permit shall require a fee based either on the 

voluriie of material accepted at the site or a 

percentage of the fee collected, or hoth. The . 

fees shall be calculated in amounts estimated 

to produce over the site use period a suin 

sufficient to: 

(a) Secure performance of perinit re^ 

quirements; 

(b) Close the site; 

(c) Provide for any monitoring or security 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. '. y 

(2) The amount so. paid shall be held in.' 

a separate account and when the airiount 

paid in by the permittee together with the 

earnings thereon equals the amount of the 

financial assurance required under ORS 

466.150 (6), the permittee shall be allowed to 

withdraw the financial assurance. 

(3) If the site is closed before the fees 

reach an amount equal tp the financial assurance, apprbpriate adjustment shall be 

made Euid the reduced portion of the financial assurance iriay be withdrawn. [Formerly 

459.600; 1987 c.284 §3; 1987 c.540 §12] 

466.165 Annual fees; use. (1) Aui annual 

fee may be required of every generator, air 

or water transporter and permittee under 

ORS 466.005 to 466.385 and 466.992. The fee 

shall be in an amourit determined by the 

Environmental Quality Gommissibri to be adequate, less any fedei-al funds budgeted 

therefor by legislative action, to cairy on the 

monitoring, inspection and surveillance program established under ORS 466.195 and to 

cbver related adriiinistrative costs. 

(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 amonnt paid in the previous calendar year under ORS 465.375 (3). 

(3) A generator assessed an annual fee 

imder subsection (1) of this section shall pay 

to the Department of Environmental Quality, 

as part of the annual fee, an anriual hazardous waste generation fee of $130 per metric 

ton of waste generated duririgithe year. Notwithstanding the amount of waste generated 

Titie 36 Page 819 (2009 Edition) 
466.168 PUBLIC HEALTH AND SAFETY 

during the year, the hazardous waste generation fee paid under this subsection may not 

exceed $32,500. 

(4) The limitation on the hazardous waste 

generation fee in subsection (3) of this section does not apply to late charges assessed 

by the department for failure to pay the hazardous waste generation fee by the due date. 

(5), Fees collected under this section are 

continuously appropriated to the department 

to pay the cost of carrying on the monitoring, inspection and surveillance program under ORS 466.195 and related administrative 

cbsts. [Formerly 459.610; 1987 c.540 §29; 1991 c.721 §3; 

2003 c.654 §6; 2007 c.84 §1] 

466.168 Annual fee for used oil 

processor. The EnvironmentaT Quality Commission may require every used oil processor 

to pay an annual fee. The fee shall be in an 

amount determined by the Environmental 

Quality Commission to be adequate to carry 

out used oil processor technical assistance, 

monitoring and inspections necessary to implement the used oil management requirements adopted by the commission under ORS 

459A.590 and 466.086. [1997 c.576 §4] 

Note: 466.168 was added to and made a part of 

466.005 to 466.385'by legislative action but was not 

added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 

466.170 Revocation of permit; judicial 

review. The Environmental Quality Commission may revoke any permit issued under 

ORS 466.005 to 466.385 and 466.992 after 

public hearing upon a finding that .the 

permittee has violated any provision of ORS 

466.005 to 466.385 arid 466.992 or rules 

adopted pursuant thereto or any niaterial 

condition of the permit, subject to review 

tmder ORS chapter 183. [Formerly 459.620; 1987 

c.540 §30] 

466.175 Di^osition of site or facility 

after revocation; acquisition of site by 

department. (1) If the Environirientai Quality Commission revokes a permit under ORS 

466.170, the commission may: 

(a) Close an existing hazardous waste 

disposal site or facility; or 

(b) Direct the Department of Environmental Quality to acquire an existing facility 

or site for the disposal, storage or treatment 

of hazardous waste according to the provisions of subsection (2) of this section. 

(2) 'The department may, upon direction 

of the commission and upon pajonent of just 

compensation, acquire and OAvn an existing 

facility or site for use in the disposal, storage 

or treatment of hazardous waste. In order to 

secure such a site, the commission may 

modify or waive any of the requirements of 

ORS chapter 459 and ORS 466.005 to 466.385, 

466.990 (1) and (2) and 466.992, but not ORS 

469.375 or 469.525, if it finds that such 

waiver or modification: 

(a) Is necessary to make operation of the 

facility or site economically feasible; and 

(b) Will not endanger the public health 

and safety or the environment. [Formerly 

459.635; 1987 c.540 §31; 1993 c.422 §26; 1993 c.560 §104] 

466.180 Department authority to limit 

storage, disposal or treatment. (1) The 

Department bf Environmental Quality may 

limit, prohibit or otherwise restrict the storage, treatment or disposal of any hazardous 

waste if appropriate to protect public health, 

welfare or safety or the environment or to 

prolong the useful life of a hazardous waste 

disposal site. 

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

at a hazardous waste treatment or disposal 

site and may curtail or reduce the volume of 

the wastes that may be accepted for disposal 

as necessary to prolong the useful life of the 

site. 

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

waste in a hazardous waste disposal site. 

[Formerly 459.640; 1987 c.540 §13] 

466.185 Investigation upon complaint; 

hearings; orders. (1) The Department of 

Environmental Quality shall investigate any 

complaint made to it by any person that the 

operation of any generator, air or water 

transporter or hazardous waste disposal, 

storage or treatment site is imsafe or that 

the operation is in violation of the provisions 

of ORS 466.005 to 466.385 and 466.992 or the 

mles adopted under ORS 466.005 to 466.385 

and 466.992. ' : 

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

to justify a hearing upon the boniplairit, it 

shall give 10 ddys' Writteri notice of the time 

and place of the hearing and the matters to 

be considered at the hearing. A copy of the 

complaint shall be furnished by the department to the respondent. Both, the complainant and the respondent are entitled to be 

heard, produce evidence and: offer exhibits 

and to require the attendance of witnesses 

at the hearing., 

(3) An administrative law judge assigned 

from the Office of Administrative Hearings 

estabhshed imder ORS 183.605 shall hear the 

matter. Within 30 days after the date of the 

hearing and after considering all evidence 

and testimony submitted, the Environmental 

Quality Commission shall make a specific 

order as it considers necessary. Any order 

issued by the commission imder this subsection shall be subject to judicial review in the 

manner provided by ORS 183.480 for judicial 

Titie 36 Page 820 (2009 Edition) 
i 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.205 

review of orders in contested cases. The 

costs of reporting and of transcribing the 

hearing for the purpose of judicial review 

shall be paid by the party seeking judicial 

review. [Formerly 459.650; 1987 c.540 §32; 1999 c.849 

§§93,94; 2003 c.75 §39] 

466.190 Investigation upon motion of 

department; findings and orders. (1) 

Whenever the Department of Environmental 

Quality believes that the operation of any 

hazardous waste generator, air or water 

transporter or disposal, storage or treatment 

site is unsafe, or in violation of ORS 466.005 

to 466.385 and 466.992 or not in compliance 

with rules or orders, the department may, 

upon its own motion, investigate the operation of the site. 

(2) The department may, after it has 

made an investigation under subsection (1) 

of this sectiori, without notice and hearing, 

make such findings and orders as it considers 

necessary from the results of its investigatibn. 

(3) The findings and orders made by the 

department under subsection (2) of this section may: 

(a) Require changes in operatioris conducted, practices utilized and operating procedures found to be in viblation of ORS 

466.005 to 466.385 and 466.992 or the rules 

adopted thereunder. 

(b) Require compliance with the provisions of the permit. 

.(4) The depsu-tment shall deliver a certified copy of all orders; issued by it under 

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

department in the permit application. The 

order shall take effect 20 days after the date 

of its issuance, unless the respondent requests a hearing on the order before the Environmental Quality 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 affirm, modify or reverse the original order. 

(5) All hearings before the commission 

shall be in compliance with applicable provisions bf ORS chapter 183. Judicial review 

of all orders entered after hearing or where 

no hearing is requested shall be in accordance with the applicable provisions of ORS 

chapter 183 for judicial review of contested 

cases. [Formerly 459.660; 1987 c.540 §33] 

466.195 Monitoring and surveillance 

program; inspection. (1) The Department 

of Environmental Quality shall establish and 

operate a monitoring, inspection and surveillance program over all hazardous waste generators, air or water transporters and 

disposal, storage and treatment sites or may 

contract with any qualified public or private 

agency to do so. 

(2) Any person who generates, stores, 

treats, transports, disposes of or otherwise 

handles or has handled hazardous waste, 

shall upon request of any officer, employee 

or representative of the department, fumish 

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

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

(3) For. the purposes of enforcing the 

provisions of ORS 466.005 to 466,385, any officer, employee or representative of the department may: 

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

waste is or has been generated, stored, 

treated, disposed of or transported from; and 

(b) Inspect and obtain samples from any 

person of any such waste and samples of any 

containers or labeling for such waste. 

[Formerly 459.670; 1987 c.540 §14] 

466;200 Procedure for emergencies. (1) 

Whenever, in the judgment of the Department of Environmental Quality fi-om the results of mbnitoring or surveillance of 

operation of any generator, air or water 

transporter^ or hazardous waste disposal, 

storage or treatment site, there is reasonable 

cause to believe that a clear and immediate 

danger to the public health, welfare or safety 

or to the environirient exists from the continued operation ofthe site, without hearing 

or prior notice, the department shall order 

the operation of the site halted by service ol" 

the brder on the site superintendent. 

(2) Within 24 hours after the order is 

served, thb department must appear in the 

appropriate circuit court to petitiori for the 

equitable relief required to protect the public 

health, welfare or safety or the environment 

and may begin proceedihgs to revoke the 

B

ermit if grounds for revocation exist, 

'ormerly 459.680; 1987 c.540 §34] . 

466.205 Liability for improper disposal 

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

which generates, treats, stores or disposes of 

and any person having the care, custody or 

control of a hazardous waste or a substance 

which would be a hazardous waste except for 

the fact that it is not discarded, useless or 

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

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

waste or substance, including but not limited 

to accidental spills thereof, shall be liable for 

Title 36 Page 821 (2009 Edition) 
^fifi:^n « PUBLIC HEALTH AND SAFETY 

we 

the damages to person or property, public or 

private, caused by such disposition. 

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

substance immediately, subject to such direction as the Department of Environmental 

Quality may give. 

(3) If such person fails to collect, remove 

or treat such waste or substance when under 

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

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

or substance. 

(4) The Director of the Department of 

Environmental Quality shall keep a record 

of all necessary expenses incurred in carrying out any cleanup projects or activities 

authorized under subsection (3) of this section, including reasonable charges for services performed and equipment and materials 

utilized. 

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

as provided in subsection (2) of this sectiori, 

all be responsible for the necessary expenses incurred by the state in carrying out 

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

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

section are not paid to the,department within 

15.days after receipt of notice that such expenses , are due and owirig, the Attorney 

General, at the request of the director, shall 

bring an actibn in the name of the State of 

Oregon in any court of cbmpetent jurisdiction to recover the amount specified in the 

final order of the director. 

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

a person is liable to the state under this 

chapter and ORS chapter 465 shall constitute 

a hen upon any real and personal property 

owned by such person. 

(8) The department shall file a claim of 

lien on real property to be charged with a 

lien under subsection (7) of this section with 

the recording officer of each county in which 

the real property is located and shall file a 

claim of lien on personal property to be 

charged with a lien under subsection (7) of 

this sectiori with the Secretary of State. The 

lien shall attach and become enforceable on 

e date of such filing. The lien claim shall 

ntain: 

(a) A statement bf the demand; 

(b) The name of the person against whose 

property the lien attaches; 

# 

(c) A description of the property charged 

with the lien sufficient for identification; and 

(d) A statement of the failure bf the person to perform the cleanup or disposal, compliance and corrective action and pay 

penalties and damages as required. 

(9) A lien created by this section may be 

foreclosed by a suit on real and personal 

property in the circuit court in the manner 

provided by law for the foreclosure of other 

liens. 

(10) Nothing in this section shall affect 

the right of the state to bring an action 

against any person to recover all costs and 

damages for which the person is liable under 

t h e provisions of this chapter. [Formerly 459.685; 

1987 c.540 §15] 

466.208 Requirement to reimburse department for costs associated with impleinenting corrective action. In 

accordance with the rules adopted by the 

Environmental Quality Cominission under 

ORS 466.045 (5), the permittee, owner or operator shall be responsible for reiriibursing 

the Department of Environmental Quality for 

the costs of the department associated with 

the implementation of corrective, action. [1997 

c.576 §3] 

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

the Department of Environmental Quality 

that any person is engaged or about to engage in any acts or practices which cbnstitute a violation of ORS 466;005 to 466.385 

and 466.992 or the rules and orders adopted 

thereunder or of the terms of the permit, 

without prior administrative hearing, the department may institute actions or proceedings for legal or equitable remedies to 

eriforce compliance therewith or to restrain 

furthe r violations thereo f [Formerly 459.690; 1987 

.c.540 §35] 

466.215 Post-closure permit for disposal site; rules; fee. (1) At the time a hazardous waste disposal site is closed, the 

person permitted under ORS 466.110 to 

466.170 to operate the site; inust obtain a 

post-closure permit from the Department of 

Environmental Quality. 

(2) A post-closure permit issued under 

this section must be maintained until the end 

of the post-closure period established by the 

Environmental Quality Commission by rule. 

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

care which shall include at least the following: 

(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. 

Title 36 Page ,822 (2009 Edition) 
ni 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.260 

(4) The commission may by rule establish 

a post-closure permit application fee. 

[Formerly 459.695; 1987 c.540 §36] 

466.225 Monitoring site; access. (1) If 

the Department of Environmental Quality 

determines that the presence of hazardous 

waste at a facility or site at which hazardous 

waste is or has been stored, treated or disposed of, or that the release of hazardous 

waste from a hazardous waste storage, treatment or disposal facility or site may present 

a substantial hazard to human health or the 

environmerit, the department may order the 

owner or operator of the facility or site to 

conduct any monitoring, testing, analysis and 

reporting as the department considers necessary to determine the nature and extent of 

the hazard. 

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

at the time a determination is made under 

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

site could not reasonably be expected to have 

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

potential for release, the department may order the most recent previous owner or operator of the facility or site, who could most 

reasonably be expected to have such actual 

knowledge, to carry out the actions required 

in subsection (1) of this section. 

(3) Within 30 days after the department 

issues an order under subsection (1) or (2) of 

this section, the person to whom the order is 

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

department may require the person to carry 

out the monitoring, testing, analysis and reporting described in the proposal and in any 

modifications to the proposal that the department considers necessary to determine 

the nature and extent of the hazard. 

(4) If the department determines that an 

owner or operator is not able to conduct 

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

sectibn in a manner satisfactbry to the department, or if the department considers any 

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

or operator fails to comply with the order, 

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

to conduct such monitoring, testing, analysis 

or reporting, the department may: 

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

analysis that the department considers reasonable to determine the nature and extent 

of the hazard associated with the facility or 

site; or 

(B) Authorize another state agency, local 

authority or person to conduct the necessary 

monitoring, testing or analysis; and 

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

agency, local authority or person for the 

costs of conducting the monitoring, testing 

or analysis. 

(5) The department may not require an 

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

by the department under subsection (4) of 

this section if the department's actions confirm the results of monitoring, testing, analyses or reporting conducted by an owner or 

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

section. 

(6) Any order issued under this section 

shall be subject tb the provisions set forth in 

ORS 466.190 and 466.200. 

(7) In order to carry out the provisions 

of this section, the owner or operator of the 

site or facility shall allow necessary access 

according to the requirements of ORS 

466.195 to the department or any state 

agency, local authority or person conducting 

the monitoring, testing or analysis required 

under subsection (4)(a) of this section. [1987 

c.540 §2] 

(PCB Disposal Facilities) 

466.250 Definition of "PCB disposal 

facility." As used hi ORS 466.250, 466.255 (2) 

and (3) and 466:260 to 466.350, "PCB disposal 

facility" includes a facility for the treatment 

or disposal of PCB. [1985 c.670 §13] 

466.255 Disposal of PCB restricted; 

permit required for PCB disposal facility. 

(1) No new PCB disposal facility shall be 

constructed on or after January 1, 1985, 

without first complying with ORS 466.025 to 

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

466.260 to 466.350. 

(2) No person shall treat or dispose of 

any PCB anywhere in this state except at a 

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

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

466.350. 

(3) No person shall establish, construct 

or operate a PCB disposal facility without a 

permit therefor issued under ORS 466.025 tb 

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

466.260 to 466.350. [1985 c.670 §§14,43; 1987 c.540 

§37] • 

466.260 Duties of department. The Department of Environmental Quality shall: 

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

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

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Titie 36 Page 823 (2009 Edition) 
Vi 1. 

466.265 PUBLIC HEALTH AND SAFETY 

m 

M 

I l i 

and 466.260 to 466.350 and may perform all 

functions necessary: 

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

(b) For the permitting of a PCB disposal 

facility in consultation with the appropriate 

county governing body or city council. 

(2) Coordinate and supervise all functions 

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

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

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

1987 c.540 §38] 

466.265 Rule s for regulation of PCB 

disposal. In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall: 

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

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

of disposal facilities, and requirements and 

procedures for selection of such facilities. 

(2) Adopt rules and issue orders relating 

to the procedures of the Department of Environmental Quality with respect to hearirigs, filing of reports, submission of plans 

and the issuance, revocation and modification of permits issued under ORS 466.005 to 

466.385. [1985 c.670 §16; 1987 c.158 §88; 1987 c.540 §39] 

466.270 Criteri a for rides; study of 

disposa l 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 Environmental Quality 

Commission shall provide for the best practicable disposal of the PCB in a manner that 

will minimize the possibility of adverse effects on the public health and safety or environment. 

(2) The Department of Environmental 

Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under 

subsection (1) of this section and ORS 

466.265 and shall report its findings and recbmmendations to the commission. [1985 c.670 

§17] 

466.275 Permit application for PCB 

disposal facility. Permit applications submitted to the Department of Environmental 

Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following: 

(1) The managenient program for the operation of the facility including the person to 

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

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

proposed emergency measures to be provided 

at the facility. 

(2) A description of the size Emd tj^e of 

facility to be constructed, including the 

height and type of fencing to be used, the 

size and construction of structures or buildings, warning signs, notices and alarms to be 

used, the type of drainage and waste treatment facilities and maximum capacity of 

such facilities, the location and source of 

each water supply to be used and the location and the type of fire control facilities 

to be provided at the facility. 

(3) A preliminary engineering sketch and 

flow chart showing proposed plgms and specifications 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 disposal facility, including the 

legal description of the lands included within 

the facility. 

(5) A geologist's survey report indicating 

land formation, location of water resources 

and direction of the flows thereof and the 

geologist's opinion relating to the potential 

of contamination of water resources including but not limited to possible sources of 

such contamination. 

(6) The names and addresses of the applicant's current or proposed insurance carriers, including copies of insurance policies 

then in effect. [1985 c.670 §18;, 1987 c.540 §40] 

466.280 Copies of application to b e 

sen t t o affected stat e agencies. Upon receipt of an application for a PCB disposal 

facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state 

agencies, including the Oregon Health Authority, the Public Utility Commission, the 

State Fish and Wildlife Commission and the 

Water Resources Director. Each agency shall 

respond within the period specified by the 

Department of Erivironmental Quality by 

making a written recomnaendation as to 

whether the permit application should be 

granted. Recommendation from other agencies shall be considered in determining 

whether to grant the permit. [1985 c.670 §19; 1987 

c.540 §41; 2009 c.595 §945] 

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

disposal facilit}^ perinit application, the Environmental Quality Commission 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 

Titie 36 Page 824 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.315 

i Urn 

interested and affected persons of the permit 

application. 

(2) The notice shall contain information 

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

fix a time and place for a public hearing. In 

addition, the notice shall contain a statement 

that any person interested in or affected by 

the proposed PCB disposal facility shall have 

opportunity to testify at the hearing. [1985 

c.670 §20; 1987 c.540 §42] 

466.290 Public hearing in area of proposed facility required. The Environmental 

Quality 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 of Environmental Quality considers suitable. At the hearing the applicant 

may present the application and the public 

may appear or be represented in support of 

or in opposition to the application. [1985 c.670 

§21] 

466.2951 Examination 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 of Environmental Quality shall examine and review all 

PCB disposal facility permit applications 

submitted to the Environmental Quality 

Commission and make such investigations as 

the department considers necessary, and 

make a recommendation to the commission 

as to whether to issue the permit. 

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

section, the commission shall decide whether 

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

designated in the application.: The decision 

of the commission is subject to judicial review under ORS 183.480. [1985 c.670 §22; 1987 

c,540 §43] 

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 

operate a hazardous waste incinerator. [1985 

c.670 §23; 1987 c.540 §44] , 

466.305 Investigation of complaints; 

hearing; order. (1) The Department of Environmental Quality shall investigate any 

complaint made to it by any person that the 

operation of any PCB disposal facility is unsafe or that the operation is in violation of 

a condition of the operator's permit or any 

provisions of ORS 466.025 to 466.065, 466.250, 

466.255 (2) and (3) and 466.260 to 466.340. or 

the rules adopted under ORS 466.025 to 

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

466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy 

of the complaint to the person holding the 

permit to operate the PCB disposal facility. 

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

to justify a hearing upon the complaint, it 

shall give 10 days' written notice of the time 

and place of the hearing and the matters to 

be considered at the hearing. Both the complainant and the respondent are entitled to 

be heard, produce evidence and offer exhibits 

and to require the attendance of witnesses 

at the he£U"ing. 

(3) An administrative law judge assigned 

from the Office of Administrative Hearings 

estabhshed imder ORS 183.605 shall hear the 

matter. Within 30 days after the date of the 

hearing and after considering all evidence 

and testimony submitted, the Environmental 

Quality Cbmmission shall make a specific 

order as it considers necessary. Any order 

issued by the commission under this subsection shall be subject to judicial review in the 

manner provided by,. ORS 183.480 for judicial 

review of orders in contested cases. The 

costs of reporting and of transcribing the 

hearing for the purpose of judicial review 

shall be paid by the party seeking judicial 

review . [1985 c.670 §24; 1987 c.540 §45; 1999 c.849 

§§96,97; 2003 c.75 §40] 

466.310 Mpnitoiing, inspection and 

surveillance program; access to facility 

and records. The Departmerit of Environirientai Quality shall establish and operate a 

monitoring, inspection and surveillance program over all PCB disposal facilities or may 

contract with any qualified public or private 

agency other than the owner or permittee to 

do so. Owners and operators of 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. [1985 c.670 §25; 

1987 c.540 §46] 

466.315 Procedm^ for emergency. (1) 

Whenever, in the judgment of the DepEirtment bf Environmental Quality, there is reasonable cause to believe that a clear and 

immediate danger to the public health or 

safety or to the environment exists from the 

continued operation of the facility, without 

hearing or prior notice, the department shall 

order the operation of the facility halted by 

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Titie 36 Page 825 (2009 Edition) 
466.320 PUBLIC HEALTH AND SAFETY 

^^t n 

service of the order on the facility operator 

or an agent of the operator. 

(2) Within 24 hours after the order is 

served, the department must appear in the 

appropriate circuit court to petition for the 

equitable relief required to-protect the public 

health or safety or the environment and may 

begin proceedings to revoke the permit if 

grounds for revocation exist. [1985 c.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 shah be required to do the following as a condition to 

holding the permit: 

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

plans and specifications approved and the 

mles adopted under ORS 466.025 to 466.065, 

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

466.350. 

(2) Commence operation, management or 

supervision of the PCB disposal facility on 

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

the approval of the Department of Enviroriental Quality. • 

(3) Maintain sufficient liability irisurance 

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 tb prbverit accidents 

and reasonably foreseeable risks. 

(5) Restore, to the extent reasonably 

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

(6) Maintain a cash bbnd br other equivalent financial assurance in the name ofthe 

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

of closing the^ facility iand monitoring it or 

providing for its security after closure, to 

secure performance of permit requirements 

and to proyide for any remedial action by the 

state necessary to protect the public health 

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

remain on deposit for. the duration of. the 

permit and until the end bf the post-closure 

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

(7) Report periodically to the department 

Rl the volume and types of PCB received at 

the facility, their manner of disposition and 

the fees collected therefor. 

(8) Maintain other plans and exhibits 

pertaining to the facility and its operation as 

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

or safety or the environment. 

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

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

466.260 to 466.350 which is stored, treated or 

disposed of at the facility and the manner in 

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

retained for the period of time determined by 

the Environmental Quality Commission. 

(10) Assure that all personnel who are 

employed by the permittee are trained in 

proper procedures for handling, transfer, 

transport, treatment, disposal and storage of 

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

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

of hazardous waste. [1985 c.670 §27; 1987 c.284 §2; 

1987 c.540 §48] 

466.325 Annual fee. An annual fee may 

be required of every PCB disposal facility 

permittee under ORS 466.025 to 466.065, 

466;250, 466.255 (2) and (3) and 466.260 to 

466.350. The fee shall be in an amount determined by the Environmental Quality 

Commission to be adequate to carry on the 

monitoring, inspection and surveillance program established under ORS 466.310 and tb 

cover related administrative costs. All such 

fees are continuously appropriated to the 

Department of Environmental Quality to pay 

the cost of the program iinder ORS 466.310. 

[1985 c.670 §28; 1987 c.540 §49] . " 

466.330 Acquisition by state of real 

property for disposal of PCB. The Environmental Quality Commission may acquire 

real property for the disposal of PCB by instituting condeirination proceedings therefbr 

to be conducted in accordance with ORS 

chapter 35. [1985 c.670 §29] 

466.335 Consequences of revocation. 

(1) If the Environmental Quality Commission 

revokes a PCB disposal facility permit under 

ORS 466.170, the commission may; 

(a) Close the existing PCB disposal site 

or facility; or 

(b) Direct the Department of Environmenta.1 Quality to acquire an existing facility 

or site for the disposal or treatment of PCB 

according to the provisions of subsection (2) 

of this section. 

(2) The department may; upon direction 

from the commission and after pajonent of 

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

In order to secure such a facility, the commission may modify or waive any of the reTitle 36 Page 826 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.357 

quirements of ORS chapter 459 and ORS 

466.005 to 466.385, 466.990 (1) and (2) and 

466.992, but not ORS 469.375 or 469.525, if 

the commission finds that waiver or modification: 

(a) Is necessary to make operation of the 

facility economically feasible; and 

(b) Will not endanger the public health 

and safety or the environment. [1985 c.670 §30; 

1987 c.540 §50; 1993 c.422 §27; 1993 c.56G §105] 

466.340 Restrictions on treatment or 

disposal of PCB at facility. (1) The Department of Environmental Quality may limit, 

prohibit or otherwise restrict the treatment 

or disposal of PCB at a disposal facility if 

appropriate to protect public health and 

safety or the environment. 

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

facility acquired and regulated, under ORS 

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

disposal as necessary to: 

(a) Protect public health and safety or 

the environment; or 

(b) Assure that the operation of the facility' is econoniically feasible. 

(3) The department shall not accept any 

PCB at a disposal facility owned by the state 

from a state that is not a party to the 

Northwest Interstate Compact on Low-Level 

Radioactive Waste Management as set forth 

m ORS 469.930. [1985 c.670 §31] 

466.345 PCB facility permit fee. (1) The 

PCB disposal facility permit shall require a 

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

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

over the facility use period a sum sufficient 

to: . 

(a) Secure performance of permit requirements; 

(b) Close the facility; 

(c) Provide for any monitoring br security of the facility after closure; jand 

(d) Provide for any remedial action by 

the state necessary after closure to protect 

the public health and safety and the environment. 

(2) The amount so paid shall 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 reqiured under ORS 

466.320, the permittee shall be allowed to 

withdraw the financial assurance. 

(3) If the facility is closed before the fees 

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

made and the reduced portion of the financial assurance may be withdrawn. [1985 c.670 

§32; 1987 c.284 §4; 1987 c.540 §51] 

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

the time a PCB disposal facility is closed, the 

person permitted under ORS 466.025 to 

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

466.260 to 466.350 to operate the facihty must 

obtain a post-closure permit from the Department of Environmental Quality. 

(2) A post-closure permit issued under 

this section must be maintained until the end 

of the post-closure period established by the 

Environmental Quality Commission by rule. 

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

care which shall include at least the following: 

(a) Monitoring and security of the PCB 

disposal facility; and 

(b) Any remedial action necessary to 

protect the public health and safety and environment. 

(4) The commission may by rule establish 

a post-closure permit application fee. [1985 

c.670 §33; 1987 c.540 §52] 

466.355 Interstate cooperation regarding toxics use and hazardous waste re-, 

duction programs. (1) The Department of 

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

Idaho and Alaska to establish provisions in 

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

facility has implemented a toxics use reduction and hazardous waste reduction program substantially eqmvalent to any toxics 

use reduction and hazardous waste reduction 

program required of Oregbn generators. 

(2) The department shall report to the 

appropriate legislative interim committee on 

the department's progress in carrying out the 

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

c.833 §100] 

466.357 Requirements for certain generators of hazardous waste. Any person 

operating a hazardous waste or PCB disposal 

facility pursuant to a permit issued imder 

ORS 466.005 to 466.385 shall not accept-hazardous waste or PCB from an Oregon generator unless the generator first certifies that 

the generator has implemented a toxics use 

reduction and hazardous waste reduction 

program as required under Oregon law, or 

with respect to an out-of-state generator, the 

generator has certified compliance with the 

waste minimization requirements of section 

224(a) of the Hazardous and Solid Waste 

Amendments of 1984, P.L. 98-616. [1989 c.833 

§99] 

1:1' 

i,lM 

Titie 36 Page 827 (2009 Edition) 
466.360 PUBLIC HEALTH AND SAFETY 

NOTICE OF ENVIRONMENTAL 

HAZARDS 

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

(a) Disposal sites exist on certain lots or 

parcels of real property within Oregon that 

may restrict future land development or constitute a potential hazard to the, health, 

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

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 Comnaission, the Department of Environmental Quality or the 

Energy Facility Siting Council authorizing 

disposal of waste upon real property protect 

the health, safety and welfare of Oregon citizens only if adequate nbtice of post-closure 

use restrictions is given to future purchasers 

of the real property. 

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

restrictions are not imposed. 

(d) Proper precautions and maintenance 

cannot be taken and coritinued unless the 

location bf the disposal site, the nature and 

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

and those who,own arid occupy the property. 

(2) It is hereby declared to be the public 

policy of this state to give notice to local 

governments of potential hazardous disposal 

sites and to impose use restrictions on those 

sites. [1985 c.273 §2] 

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

rtdemaking; report to Legislative Assembly. (1) The Environmental Quality Commission may establish by rule adopted under 

ORS chapter 183: 

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

restrictions miist be imposed. The list shall 

be consisterit with the policy set forth in 

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

the health, safety and welfare of Oregon's 

citizens: 

(A) A land disposal site as defined by 

ORS 459.005; 

(B) A hazardous waste disposal site as 

defined by ORS 466.005;' 

(C) A disposal site containing radioactive 

waste as defined by ORS 469.300; and 

(D) A facility. 

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

shall require at least that post-closure use of 

the site not disturb the integrity of the final 

cover, liners or any other components of any 

containment system or the function of the 

facility's monitoring systems, unless the Department of Environmental Quality finds that 

the disturbance: 

(A) Will not increase the potential hazard 

to human health or the environment; or 

(B) Is necessary to reduce a threat to 

human health or the environment. 

(c) The form and content bf the envirbnmental hazard notices to be filed with cities 

and counties. ' 

(d) The circumstances allowing and procedures for removal or amendinent of environmerital hazard notices and use 

restrictions provided by the department. 

(e) Any other provisions the commission 

considers necessary . for the department to 

accomplish the purpose of ORS 466.360 to 

466.385. 

(2) Spills and releases cleaned up pursuant to ORS 466.205 and 468B.315 shall riot be 

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

(3) Before hearings on and adoption of 

rules under subsection (1) of this section, the 

department shall notify each person who 

owns a disposal site or an owner or operator 

of a facility of the rulemaking proceedings. 

(4). The department shall report to each 

Legislative Assembly on. any site or facility 

for which environmental hazard notices and 

use restrictioris have been amended or removed as provided by rule adopted under 

subsection (l)(d) of this section. : 

(5) The commission shall not list a site, 

spill or release under subsection (1) of this 

section, if the commission finds that within 

90 days of receipt of notice under subsection 

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

site, spill or release so it is no loriger a potential hazard to the health, safety and welfare of Oregon's citizens. 

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

the meaning given in ORS 465.200. [1985 c.273 

§3; 1987 C.735 §25; 1991 c.480 §10] ' 

466.370 Notice to owner; hearing; filing of notice if no objection. (1) The Department of Environmental Quality shall 

notify by certified mail any person who owns 

a lot or parcel upon which a disposal site 

hsted under ORS 466.365 exists. The notice 

shall: 

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

Titie 36 Page 828 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.510 

(b) Describe the use restrictioris that will 

be imposed; 

(c) Explain that an environmental hazard 

notice will be sent to the appropriate city or 

county under ORS 466.375; and 

(d) Advise the person of the procedure for 

requesting a hearing under subsection (2) bf 

this section. 

(2) If any person receiving notice under 

subsection (1) of this section objects to the 

use restrictions, the person may request a 

hearing before the Environmental Quality 

Commission. The request shall be in writing 

and must be submitted to the department 

within 20 days after the person receives the 

notice under subsection (1) of this section. 

The hearing shall be conducted according to 

the provisions for a contested case hearing 

in ORS 183.413 to 183.497. 

(3) If no hearing is requested within 20 

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

c.273 §4] ' 

466.375 Filing. of notice; content of 

notice. The Department of Environmental 

Quality shall file an environmental hazard 

notice with the city or count}^ in which a 

site listed under ORS 466.365 (1) is located. 

The notice shall contain the followirig information: 

(1) A description of the lot or parcel upon 

which the disposal site is located; 

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

(3) Information regarding the, potential 

environment hazards posed by the disposal 

site to assist the city or county in complying 

with ORS 466.385. [1985 c.273 §5] , 

466.380, Interagency agreeinent for notices for radioactive waste disposal sites. 

The Department of Environmental Quality 

and the State Department of Energy shall 

enter into an interagency agreement providing for the implementation of the provisions 

of ORS 466.360 to 466.385 relating to radioactive waste disposal sites. [1985 c.273 §6] 

466.385 Amendment of comprehensive 

plan and land use regulations; model 

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

first periodic review after development of 

model language under subsection (2) bf 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 to 197.650 tb establish and impleriaent 

policies regarding potentially hazardous environmental conditions on sites listed under 

ORS 466.365. The land use regulations shall 

provide that: 

(a) The city or county shall not approve 

any proposed use of a disposal site for which 

the city or, county has received notice under 

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

provided the city or county with comments 

on the proposed use; and 

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

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

(2) The Department of Environmental 

Quality and the Departriient of Land Conservation and Development shall: 

(a) Develop model language for comprehensive plaris 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 coiriplying with ORS 466.360 

to 466.385. 

(3) The Department of Environmental 

Quality may appeal to the Land Use Board 

bf Appeals any final land use decision or 

limited land use decision made by a city or 

county regarding ariy proposed use of a disposal site that has been identified under its 

comprehensive plan and lemd use regulations 

pursuant to this section. [1985 c.273 §7; 1991 c.6l2" 

§22; 1991 c.817 §30; 2001 c.672 §12] 

466.450 [1987 c.86 §1; repealed by 1997 c.l6 §3] 

466455 [1987 c.86 §2; repealed by 1997 c.l6 §3] 

46a460 [1987 c.86 §3; repealed by 1997 c.l6 §3] 

USE OF PCB 

466.505 Definitions for ORS 466.505 to 

466.530. As used m ORS 466.505 to 466.530: 

' (1) "PCB" means the class of chlorinated 

biphenyl, terphenyl, higher . polj^jhenyl, or 

mixtures of these compounds, produced by 

replacing two or more hydrogen atoms on 

the biphenyl, terohenyl, or higher polyphenyl 

molecule with chlorine atoms. "PCB" does 

not include chlorinated , biphenyls, 

terphenyls, higher polyphenyls, or mixtures 

of these compounds, that have functional 

groups attached other thari chlorine unless 

that functional group on the chlorinated 

biphenyls, terphenyls, higher polyphenyls, br 

iriixtures thereof of these compounds, is determiried to be dangerous to the public 

health under ORS 466.525. 

(2) "Ppm" means parts per million. 

[Formerly 468.900] . 

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

466.515, a person shall not sell, manufacture 

for sale, or use in this state an item, product 

or material if the item, product or material 

/': 

Titie 36 Page 829 (2009 Edition) 
466.515 PUBLIC HEALTH AND SAFETY 

contains a concentration of PCB equal to or 

greater than 100 ppm. 

(2) The commission by rule may prescribe 

a lower maximum concentration of PCB for 

specific items, products or materials if it 

finds the 100 ppm concentration specified in 

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

toxic dangers of the PCB contained in that 

item', product or material. However, an item, 

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

federal law, rule or regulation shall not be 

allowed a concentration of PCB higher than 

tha t federal maximum. [Formerly 468.903; 2007 C.71 

§147] 

466.515 Electric transformers or capacitors exempted; rules. Notwithstanding 

ORS 466.510: 

(1) PCB or an item, product or material 

containing PCB may be sold for use or used 

in this state if it is used in a closed system 

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

commission to insure the public health. 

However, upon adequate dbcumentation of 

the availability of reasonable substitutes 

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

exclusions in whole or in part; by requiring 

the phasing in of the substitute br 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 

exemption certificate issued by the department, under QRS .466.520. [Formerly. 468.906] 

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

written application to the department for an 

exemption certificate on forms provided, by 

the department. sThe department may require 

additiorial information or materials to accompariy the application as it considers necessary for an accurate evaluation of the 

application. 

(2) The department shall grant an exemption for residual amount^ of PCB remaining in electric transforiner cores aftei" 

the PCB in a transformer is drained and the 

transformer is filled with a substitute approved under ORS 466.515. 

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

manufactured for sale, sold for use, or used 

by the person if the item, product or material 

contains incidental concentrations of PCB. 

(4) In granting a certificate of exemption, 

the department shall impose conditions on 

the exemption in order that the exemption 

covers only incidental concentrations of 

PCB. 

. (5) As used in this section, "incidental 

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

result of the person having: 

(a) Exposed the item, product or material 

to concentrations of PCB. 

(b) Failed to take reasonable measures to 

rid the item, product or material of concentrations of PCB. 

(c) Failed to use a reasonable substitute 

fbf the item, product or material for which 

t h e exemption is sought. [Formerly 468.909] 

466.525 Additional PCB cdmpoimds 

may be prohibited by rule. The commission 

after hearing by rule may include as a PCB 

and regulate accordingly any chlorinated 

biphenyls, terphenyls, higher polyphenyls, or 

mixtures bf these compounds that have functional groups attached other than chlorine if 

that functional group on the chlorinated 

biphenyls, terphenyls, higher polyphenyls, or 

mixtures of these compounds is found to 

constitute a danger to public health. [Formerly 

•468.912] 

466.530 Prohibited disposal of waste 

containing PCB. After October 4, 1977, a 

person shall not dispose of solid or liquid 

waste resulting from the use of PCB or an 

item, product or material containing or 

which has contairied a concentration equal 

to or greater than 100 ppm of PCB except in 

conformity with rules of the commission 

adopted pursuant to ORS 466.005 to 466.385 

and 466;992. [Formerly 468.921] 

": 466.540 [1987 C.539 §52; 1987 c.735 §1; 1989 c.i71 §60; 

renimibered 465.200 in 1989] 

466547 [1987 c.735 §2; renumbered 465.205 in 1989] 

• 466550 [1987 c.735 §3; renumbered 465.210 in 1989] 

. 466553 [1987 c.735 §4; renumbered .465.400 in 1989] 

46R555 [1987 c.735 §5; renumbered 465.420 in 1989], 

466557 [1987 c.735 §6; 1989 c.485 §1; renumbered 

465.215 in 1989] ,, , 

466560 [1987 c.735 §7; 1989 c.485 §9; renumbered 

465.220 in 1989] 

466563 [1987 c.735 §8; 1989 c.485 §10; renumbered 

465.245 in 1989] 

466565 [1987 c.735 §9; renumbered 465.250 in 1989] 

466567 [1987 c.735 §10; renumbered 465.255 in 1989] 

466570 [1987 c.735 §11; renumbered 465.260 in 1989] 

466573 [1987 c.735 §12; renumbered 465.315 in 1989] 

466575 [1987 c.735 §13; renumbered 465.320 in 1989] 

466577 [1987 c.735 §14; renumbered 465.325 in 1989] 

466580 [1987 c'735 §15; renumbered 465.330 in 1989] 

466583 [1987 c.735 §16; renumbered 465.335 in 1989] 

466585 [1987 c.735 §17; renumbered 465.340 in 1989] 

466587 [1987 c.735 §18; 1989 c.485 §11; renumbered 

465.375 in 1989] 

Titie 36 Page 830 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS IMATERIALS II 466.610 

r: 

466590 [1987 c.735 §19; 1989 c.833 §§113,169; 1989 

C.966 §53; renumbered 465.380 in 1989] 

SPILL RESPONSE AND CLEANUP OF 

HAZARDOUS MATERIALS 

466.605 Definitions for ORS 466.605 to 

466.680. As used m ORS 466.605 to 466.680 

and 466.990 (3) and (4): 

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

degrees Fahrenheit. 

(2) "Cleanup" means the containment, 

collection, removal, treatment or disposal of 

oil or hazardous material; site restoration; 

and any investigations, monitoring, surveys, 

testing and other information gathering required or conducted by the Department of 

Environmental Quality. 

(3) "Cleanup costs" means all costs associated with the cleanup of a spill or release 

incurred by the state, its political subdivision 

or any person with written approval from the 

department when implementing ORS 466.205, 

466.605 to 466.680, 466.990 (3) and (4) and 

466.995 (2) or 468B.320. 

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

(5) "Department" means the Department 

pf Environmental Quality. 

(6) "Director" means the Director of the 

Department of Environmental Quality. 

(7) "Hazardous material" means one of 

the following: 

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

(b) Hazardous waste as defined in ORS 

466.005. 

(c) Radioactive waste as defined in ORS 

469.300, radioactive material identified by the 

Energy Facility Siting Council under ORS 

469:605 and radioactive substances as defined 

m ORS 453.005. 

(d) Communicable disease agents as regulated by the Oregon Health Authority urider 

ORS 431.035 to 431.530, 433.001 to 433.045 

and 433.110 to 433.770. 

(e) Hai^ardbus substances designa!ted by 

the United States Environinental Protection 

Agency under section 311 of the Federal 

Water Pollutiori 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, corporatibn, partnership, association, municipal corporation, 

political subdivision, interstate body, the 

state and any agency or commission thereof 

and the federal government and any agency 

thereof 

(10) "Reportable quantity" means one of 

the following: 

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

(b) The lesser of: 

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

section 311 of the Federal Water Pollution 

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

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

466.990 (1) and (2) and 466.992; 

(C) Any quantity of radioactive material, 

radioactive substance or radioactive waste; 

(D) If spilled into waters of the state, or 

escape into waters of the state is likely, any 

quantity of oil that would produce a visible 

oily slick, oily solids, or coat aquatic life, 

habitat or property with oil, but excluding 

normal discharges from .properly operating 

marine engines; or, 

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

over one barrel. • 

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

(11) "Respond", or "response" means: 

(a) Actions taken to .monitor, assess and 

evaluate a spill or release or threatened spill 

or release bf 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 rtiay result from a 

spill or release or threatened spill or release 

if action is not taken. , 

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

emitting, releasing, leaking or placing ofany 

oil or hazardous riiaterial into the air or into 

or on any land or waters of the state, as defined in ORS 468B.005, except as authbrized 

by a permit issued under' ORS chapter 454, 

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

466.005 to 466.385, 466.990 (1) and (2) or 

466.992 or federal law or while being stored 

or used fbr its intended purpose. 

(13) "Threatened spill or release" mearis 

oil or hazardous material is likely to escape 

or be carried into the air or. into or on any 

land or waters of the state. [1985 c.733 §1; 1987 

c.735 §26; 1989 c.6 §14; 1993 c.422 §28; 1997 c.249 §162; 

2007 C.445 §41; 2009 c.595 §946] 

466.610 Department authority relating 

to cleanup of oil or hazardous material. 

Subject to policy direction by the EnvironTitie 36 Page 831 (2009 Edition) 
466.615 PUBLIC HEALTH AND SAFETY 

mental Quality Commission, the Department 

of Environmental Quality may: 

(1) Conduct and prepare independently or 

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

the containment, collection, removal or 

cleanup of oil and hazardous material. 

(2) Advise, consult, participate and cooperate with other agencies of the state, political, subdivisions, other states or the federal 

government, in respect to any proceedings 

and all matters pertaining to .responses, remedial actibns or cleanup of oil and hazardous material and financing of cleanup costs, 

including radioactive waste, materials and 

substances otherwise subject to ORS chapters 453 and 469. 

(3) Employ "personnel, including specialists and consultants, purchase materials and 

supplies and enter into contracts with public 

and private parties necessary to carry,out 

the provisions of ORS 466.605 to 466.680, 

466.990 (3) and (4) and 466.995 (2). 

: (4) Conduct and supervise educational 

programs about oil and hazardous material, 

including the preparation and distribution of 

information regarding the containment, collection, removal or cleanup of oil and hazardous material. 

(5) Provide advisory technical consulta-

.tion and services to units of local gov ornament and to state agencies. 

(6) Develop jand conduct demonstration 

prograiris in cooperatiori with units of local 

government. 

(7) Perform all other acts riecessary to 

cari-y out the duties, powers and responsibilities of the departirient under ORS 466.605 to 

466.680, 466.990 (3) arid (4) arid 466.995 (2). 

;[1985 c.733 §2; 1993 c.422 §29; 1999 c.849 §§99,100; 2003 c.75 

§41] ., ;,. •,, , •: . ,... 

466.615 Limit on commission and department authority over radioactive substances. Nothing m ORS 466.605 to 466:680, 

466.990 (3) and (4) and 466.995 (2) is intended 

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

Quality authority over any radioactive substance regulated by the Oregon Health Authority under ORS chapter 453, or any 

radioactive material or waste regulated by 

the State Department of Energy or Energy 

Facility Siting Council under ORS chapter 

469. [1985 .c.733 §3; 1993 c.422 §30; 20Q9 c.595 §947] 

466.620 Emergency response plan. In 

accordance with the applicable provisions of 

ORS chapter 183, the Environmental Quality 

I Commission shall adopt an oil and hazardous 

material emergency response master plan 

consistent,with the plan adopted by the Department of Transportation under ORS 

453.825 and 453.835, and after consultation 

with the office of the State Fire Marshal, the 

Oregon State Police, the Oregon Fire Chiefs 

Association and any other appropriate 

agency or organization. [1985 c.733 §4; 1989 c.833 

§92; 2005 c.825 §16] 

466.625 Rulemaking. In accordance with 

applicable provisions of ORS chapter 183, the 

Environmental Quality Commission may 

adopt rules including but not limited to: 

(1) Provisions to establish that quantity 

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

466.635. The commissibn may determirie that 

one single quantity shall be the reportable 

quantity for any oil or hazardous material, 

regardless of the medium into which the oil 

or hazardous material is spilled or released. 

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

and filing of notifications: 

(3) Any other provision consistent with 

the provisions of ORS 401.025, 466.605 to 

466.680, 466.900 (3) and (4), 466.995 (2) and 

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

466.680, 466.990 (3) and (4), 466.995 (2) arid 

468.070. [1985 c.733 §5; 1993 c.422 §31] 

466.630 Commission designation of 

substance as hazardous material. (1) By 

rule, the Environmental Quality Commission 

may designate as a hazardous material any 

element, compound, mixture, solution.or substance which when spilled or released into 

the air or into or bn any land or waters of 

the state may present a substantial dariger 

to the public health, safety, welfare or the 

environment. 

(2) Before, designating a substance as 

hazardous material, the commission must 

find that the hazardous material,, because of 

its quantity, concentration 'or physical or 

chemical characteristics may pose, a present 

or future hazard to human health, safety, 

welfare br the environment when spilled or 

released; [1985 c.733 §6] , 

466.635 Report of SpiU or release of 

reportable quantity of hazardous materiaL Any persbn owning or having control 

oyer any oil or hazardous material who hais 

knowledge of a spill br release shall immediately notify the Office of Emergency Management as soon as that person knows the 

spill or release is a reportable quantity. [1985 

c.733 §7; 2007 c.740 §39] 

466.640 Strict liability for spiU or release; exceptions. Any person owning br 

havirig control over any oil or hazardous 

material spilled or released or threatening to 

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

threatened spill or release. However, in any 

Titie 36 Page 832 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.680 

action to recover damages, the person shall 

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

spill or release of oil or hazardous material 

was caused by: 

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

of God. 

(2) Negligence on the part of the United 

States Government or the State of Oregon. 

(3) An act or omission of a third party 

without regard to whether any such act or 

omission was or was not negligent. [1985 c.733 

§8] 

466.645 Cleanup; failure to complete 

cleanup. (1) Any 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 the direction of the 

Department of Environmental Quality. Any 

person liable for a spill or release or a 

threatened spill or release shall immediately 

initiate cleanup, whether or not the department has directed the cleanup. The department may require the responsible person to 

undertake such investigations, monitoring, 

surveys, testing and other information gathering as the department considers necessary 

or appropriate to: 

(a) Identify the existence and extent of 

the spill or release; 

(b) Identify the source and nature of oil 

or hazardous material involved; and 

(c) Evaluate the extent of danger to the 

public health, safety, welfare or the environment. 

(2) If any person liable under ORS 

466.640 does not immediately commence and 

promptly and adequately complete the 

cleanup, the department may clean up, or 

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

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

may undertake such investigations, irionitoring, surveys, testing and other infonnation 

gathering as it may deem appropriate to 

identify the existence and extent of the spill 

or release, the source and nature of oil or 

hazardous material involved and the extent 

of danger to the public health, safety, welfare 

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

such planning, fiscal, economic, engineering 

and other studies and investigations it may 

deem appropriate to plan and direct cleanup 

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

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

§89; 1991 c.650 §5] 

46a650 [1985 c.733 §10; repealed by 1987 c.735 §27] 

46R653 [1987 c.539 §42; repealed by 1989 c.833 §175] 

466.655 [1985 c.733 §11; repealed by 1987 c.735 §27] 

466.660 [1985 c.733 §12; 1987 c.158 §90; repealed by 

1989 c.833 §175] 

46a665 [1985 c.733 §13; 1987 c.158 §91; repealed by 

1989 c.833 §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 separate, and distinct from the General Fund in the State 

Treasury. Interest earned on the fund shall 

be credited to the fund. Moneys received by 

the Department of Environmental Quality for 

the purpose of oil 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. 

(3) The moneys in the Oil and Hazardous 

Material Emergency Response and Remedial 

Action Fund are appropriated continuously 

to the Department of Environmental Quality 

to be used in the manner described in ORS ^ 

466.675. [1985 c.733 §14; 1989 c.833 §93; 1989 c.966 §54] / 

466.675 Use of moneys in Oil and Hazardous Material Emergency Response 

and Renledial Action Fund. INIoneys in the 

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

used by the Department of Environmental 

Quality for the following purposes: 

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

and 468B.330. 

(2) Providing for the general administratibn of ORS 466.605 to 466.680 iricluding the 

payment of personnel costs of the department 

or any other state agency related to the enforcement of ORS 466.605 to 466.680. [1985 

c.733 §15; 1987 c.i58 §92; 1989 c.833 §94] 

466.680 Responsibility for expenses of 

cleanup; record; treble damages; order; 

appeal. (1) If a persori required to clean up 

oil or hazardous material under ORS 466.645 

fails or refuses to do so, the person shall be 

responsible for the reasonable expenses incurred by the Department of Envirbnmental 

Quality 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 under ORS 466.645, including charges for services performed and the state's equipment 

and materials utilized. 

(3) Any person who does not make a good 

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

466.645 shall be liable to the department for 

Titie 36 Page 833 (2009 Edition) 
^•^"^ i 

466.706 PUBLIC HEALTH AN D SAFETY 

'^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 Environmental Quality Commission 

shall make a finding and enter an order 

against the person described in subsection (1) 

or (3) of this section for the amount of damages, not to exceed treble damages, and the 

expenses incurred by the state in carrying 

out the action authorized by this section. 

The order may be appealed in the manner 

provided for appeal of a contested case order 

under ORS chapter 183. 

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

not paid by the responsible person to the department within 15 days after receipt of notice that such expenses are due and owing, 

or, if an appeal is filed within 15 days after 

the cburt renders its decision if the decisibn 

affirms the order, the Attorney General, at 

the request of the Director of the Department of Environmental Quality, shall bring 

an action in the name of the State of Oregon 

in a court of competent jurisdiction to recover the amount specified in the notice of 

' e director. [1985 c.733 §16] 

466.685 [1985 c!733 §19; repealed by 1987 c.735 §27], 

46&690 [1985 c.733 §20; repealed by 1987 c.735 §27] 

466.705 [1987 c.539 §2 (enacted in Ueu of 468.901); 

1989 C.926 §41; 1989 c.l071 §§20,25; repealed by 1991 c.863 

§11 (466.706 enacted in lieu of 466.705)] 

OIL STORAGE TANKS 

(Generial Provisions) 

. 466.706 Definitions for ORS 466.706 to 

466.882 and 466.994. As used in ORS 466.706 

to 466.882 and 466.994: 

(1) "Commercial lending institution" 

means any financial institution or trust 

company, as those terriis are defined in ORS 

706.008, or any cooperative financial iristitution regulated by an agency of the federal 

government or this state. 

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

(3) "Corrective action" means remedial 

action taken to protect the present or future 

public health, safety, welfare or the environment fi-om a release of a regulated substance. 

"Corrective action" includes but is not limited to: 

(a) The prevention, elimination, removal, 

atement, control, minimization, investition, assessment, evaluation or monitoring 

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

or 

(b) Transportation, storage, treatment or 

disposal of a regulated substance or contaminated material fi"om a site. 

(4) "Decommission" means to remove 

from operation an underground storage tank, 

including temporary or permanent removal 

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

(5) "Department" means the Department 

of Environmental Quality. 

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

underground pipes connected to the tanks, 

used to contain an accumulation of motor 

fuel, including gasoline or diesel oil, that are 

located at one contiguous geographical site. 

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

charge. 

(8) "Guarantor" means any person other 

than the permittee who by guaranty, insurance, letter of credit or other accepta,ble device, provides financial responsibility for an 

underground storage tank as required under 

ORS 466.815. 

(9) "Heating oil tank" means an aboveground or underground tank and pipes connected to the tank that contain heating oil 

for heating a building with human habitation 

or water heating not used for commercial 

processing. 

(10) "Heating oil tank service" ineans the 

decommissioning of a heating oil tank.or the 

performance of corrective action necessary 

as a result of a release of oil from a heating 

oil tank. 

(11) "Investigation" means monitoring, 

surveying, testing or other information gathering. 

(12), "Local; unit of government" riieans a 

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

chapter 268 or a political subdivision of the 

state. , 

(13) "Oil" means gasoline, crude oil, fuel 

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

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

pressure of 14; 7 pounds per square inch absolute. 

(14) "Owner" means the owrier of an 

underground storage tank. 

(15) "Permittee" means the owner or. a 

person designated by the owner who is in 

control of or has responsibility for the daily 

operation or maintenance of an underground 

storage tank under a permit issued pursuant 

to ORS 466.760. 

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

firm, joint stock company, corporation, partTitie 36 Page 834 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.715 

nership, joint venture, consortium, association, 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 government. 

(17) "Regulated substance" means: 

(a) Any substance listed by the United 

States Environmental Protection Agency in 

40 C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as 

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

including any substance regulated as a hazardous waste under 40 C.F.R. part 261 and 

OAR 340 Division 101; 

(b) Oil; or 

(c) Any other substance designated by 

the comriiission under ORS 466.630. 

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

leaking or placing bf a regulated substance 

from an underground storage tank into the 

air or into or on land or the waters of the 

state,- other than as authorized by a permit 

issued under state or federal law. 

(19) "Stage 1 vapor collection system" 

mearis a system where gasoline vapors are 

forced from a tank into a vapor-tight holding 

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

loaded. 

(20) "Stage II vapor collection system" 

means a system where at least 90 percent, 

by weight, of the gasoline vapors that are 

displaced or drawn from a vehicle fuel tank 

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

(21) TJndergrourid storage tank" means 

any one or combination of tanks and underground pipes connected to the tank, used to 

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

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

beneath the surface of the ground. 

(22) "Waters of the state" has the meaning given that term m ORS 468B.005. [1991 

c.863 §12 (enacted in heu of 466.705); 1997 c.631.§479; 1999 

C.880 §10; 1999 c.979 §8] 

466.710 Application of ORS 466.706 to 

466.882 and 466.994. ORS 466.706 to 466.882 

and 466.994 shall not apply to a: 

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

fuel for noncommercial purposes. 

(2) Except as provided in ORS 466.858 to 

466.878, tank used for storing heating oil for 

consumptive use on the premises where 

stored. 

(3) Septic tank. , 

(4) Pipeline facility including gathering 

lines regulated: 

(a) Under the Natural Gas Pipeline 

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

(b) Under the Hazardous Liquid Pipeline 

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

(c) As ah, intrastate pipeline facility urider state laws comparable to the provisions 

of law referred to in paragraph (a) or (b) of 

this subsection. 

(5) Surface impoundment, pit, pond or 

lagoon. 

(6) Storm water or waste water collection 

system. 

(7) Flow-through process tank. 

(8) Liquid trap or associated gathering 

lines directly related to oil or gas production 

and gathering operations. 

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

upon or above the surface of a floor. As used 

in this subsectibn, "underground area" iricludes but is not limited to a basement, cellar, mine, drift, shaft or tuimel. 

il6) Pipe connected to any tank described 

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

[Formerly 468.911; 1987 c.539 §18; 1999 c.979 §§9,17; 2001 

c.104 §201] 

466.715 Legislative findings. (1) The 

Legislative Asseiribly finds that: 

(a) Regulated substances hazardous to 

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

in this state; and , 

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

sources of contamination of the environment 

arid may pose dangers to the public health, 

safety, welfare arid the environment. 

(2) Therefore, the Legislative Assembly 

declares: 

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

protect the piiblic health, safety, welfare and 

the environment from the potential harmful 

effects of underground tanks used to store 

regulated substances. 

(b) It is the purpose of ORS 466:706 to 

466.882 and 466.994 to enable the Environmental Quality Commission to adopt a statewide program for the prevention and 

reporting of releases and for takirig corrective action to prbtect the public and the environment from releases from underground 

storage tanks. [1987 c.539 §4 (enacted m heu of 

468.902); 1989 c.1071 §§21,26] 

Title 36 Page 835 (2009 Edition) 
466.720 PUBLIC HEALTH AND SAFETY 

(Administration) 

466.720 Statewide underground storage tank program; federal authorization; 

rules. (1) The Environmental Quality Commission shall adopt a statewide underground 

storage tank program. Except as otherwise 

provided in ORS 466.706 to 466.882 and 

466.994, the statewide program shall establish uniform procedures and standards to 

protect the public health, safety, welfare and 

the environment from the consequences of a 

release from an underground storage tank. 

(2) The commission and the Department 

of Environmental Quality shall perform or 

cause to be performed any act necessary to 

gain final authorization of a state program 

for the regulation of underground storage 

tanks under the provisions of Section 9004 

of the Federal Resource Conservation and 

Recovery Act, P.L. 94-580 as amended and 

P.L. 98-616, Section 205 of the federal Solid 

Waste Disposal Act, P.L. 96-482 as amended 

and federal regulations and interpretive and 

guidance documents issued pursuant to P.L. 

94-580 as amended, P.L. 98-616 and P.L. 

96-482. To gain final authorization, the department shall submit an application for 

state program approval to the XJnited States 

Environmental Protection Agency. The commission may adopt, amend or repeal any rule 

riecessary to implement ORS 466.706 to 

466.882 and 466.994. [Subsection (1) enacted as 1987 

c.539 §6; subsection (2) formerly 468.913; 2001 c.754 §1] 

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

ORS 466.730, a Ibcal unit of government may 

riot enact or enforce any ordinance, rule or 

regulation relating to the inatters ertcoiripassed by the state program established under ORS 466.720. 

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

state that encompasses the same matters as 

the state program shall be unenforceable, 

except for an ordinance, rule or regulation: 

(a) That requires an owner or permittee 

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

(b) Adopted by a local unit of government 

operating an underground storage tank program pursuant to a contract entered info according to the provisions of ORS 466.730. 

[1987 c.539 §8 (enacted m heu of 468.904)] 

466.727 Prohibition on local govemriient tax, fee or surcharge. (1) A local 

unit of government may not impose any tax, 

fee or surcharge on soil generated as a result 

of remedial action or replacement of leaking 

underground storage tanks if financial assistance from the Underground Storage Tank 

Compliance and Corrective Action Fund has 

been provided for the remedial action or tank 

replacement. " 

(2) Nothing in this section shall be construed to prevent a local unit of government 

that owns, leases or operates a site for the 

disposal, transfer, recovery or treatment of 

solid waste from charging a fee for disposal 

or treatment of soil at such site. [1993 c.66i 

§4] 

466.730 Delegation of program administration to state agency or local governmen t by agreement. (1) The Environmental 

Quality Commission may authorize the department to enter into a contract or agreement with an agency of this state or a local 

unit of government to administer all or part 

of the underground storage tank program. 

(2) Any agency of this state or any local 

unit of government that seeks to administer 

an underground storage tank program under 

this section shall submit to the Departnaent 

of Environmental Quality a description of 

the program the agency or local unit bf governirient proposes to administer in lieu bf all 

or part of the state program. The program 

description shall include at least the following: 

(a) A description in narrative form ofthe 

scope, structure, coverage arid procedures of 

the proposed program. 

(b) A description, including organization 

charts, of the organization and structure of 

the contracting state agency or local unit of 

government that will have responsibility for 

administering the prograrii, including; 

; (A) The number of employees, occupation 

and general duties of each employee who will 

carry out the activities of the contract. 

(B) An itemized estimate of the cost of 

estabhshing and administering the program, 

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

(C) An itemization of the source and 

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

to meet the costs listed in subparagraph (B) 

of this paragraph, including any restrictions 

or limitations upon this funding. 

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

(E) Copies of the permit form, application 

form and reporting form the state agency or 

local unit of government intends to use in 

the program. 

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

enforcement of the program. 

(G) A description of the procedures to be 

used to coordinate information with the deTitie 36 Page 836 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.746 ;i < 

partment, including the frequency of reporting and report content. 

(H) A description of the procedures the 

state agency or local unit of government will 

use to comply with trade secret laws under 

ORS 466.800. 

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

conducted in accordance with the requirements of ORS 466.70fe to 466.882 and 466.994. 

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

underground storage tanks authorized under 

a contract or agreement entered into under 

this section according to the authority vested 

in the commission and the department under 

ORS 466.706 to 466.882 and 466.994 uisofar 

as such authority is applicable to the performance under the contract or agreement. 

The agency or local unit of government shall 

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

to carry out the same functions. [1987 c.539 §9] 

466.735 Cooperation with Department 

of Consumer and Business Services and 

State Fire Marshal. Nothing in ORS 

466.706 to 466.882 and 466.994 is intended to 

interfere with, limit or abridge the authority 

of the Department of Consumer and Business 

Services or the State Fire Marshal, or any 

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

hazards, hazard communications br land use. 

The complementary relationship between the 

protection of the public safety from combustion and explosion hazards, and protection of the public health, safety, welfare 

and the environment from releases of regulated substances from underground storage 

tanks is recognized. Therefore, the Department of Environmental Quality shall work 

cooperatively with the Department of Consumer and Business Services, the State Fire 

Marshal and local units of government in 

developirig the rules and procedures necessary to carry out the provisions of ORS 

466.706 to 466.882 and 466.994. [1987 c.539 §10] 

466.740 Noncomplying installation 

prohibited. No person shall install an 

underground storage tank for the purpose of 

storing regulated substances unless the tank 

complies with the standards adopted under 

ORS 466.746 and any other rule adopted under ORS 466.706 to 466.882 and 466.994. [1987 

c.539 §11] 

466.743 Training on operation, maintenance and testing; rules. (1) Operators 

of underground storage tanks shall participate in mandatory training on the proper 

operation, maintenance and testing of underground storage tanks. 

(2) The Environmental Quality Commission shall adopt rules establishing mandatory 

training requirements. The rules may include, but are not limited to: 

(a) A definition of operator, which may 

include other persons with daily responsibility for on-site operation and maintenance of 

underground storage tanks who are required 

to obtain training under this section; 

(b) Requirements and specifications for 

training or testing services; and 

(c) A schedule that sets forth compliance 

dates for each facility. 

(3) The commission may accommodate 

hardship cases in which attendance at a 

training session is unusually difficult due to 

special circumstances. An accommodation 

under this subsection does not exempt a person from the training requirements under 

subsection (1) of this section. [2001 c.754 §3) 

46a745 [1987 c.539 §13 (enacted m heu of 468.908); 

1989 c.1071 §§22,27,29a,43a,43b; repealed by 1991 c.863 §13 

(466.746 enacted in heu of 466.745)] 

466.746 Commission rules; considerations. (1) The Environmental Quality Commission may establish by rule: 

(a) Performance standards, consistent 

with standards adopted by the federal government, for leak detection systems, inventory control,' tank testing or comparable 

systems or programs designed to detect or 

identify releases in a manner consistent with 

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

(b) Requirements for maintaining records 

and submitting information to the Department of Environmental Quality in conjunction with a leak detection or identification 

system or program used for each underground storage tank; 

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

installation, release detection and material 

compatibility; 

(d) Requirements for the temporary or 

permanent decommissioning of an underground storage tank; 

(e) Requirements for reporting a relejase 

from an underground storage tank; 

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

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

storage tanks must follow to satisfy the requu-ements of ORS 466.760; 

(h) Acceptable methods by which an 

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

' t*i 

! I 

I.' 

Titie 36 Page 837 (2009 Edition) 
466.750 PUBLIC HEALTH AND SAFETY 

(i) Procedures for the disbursement of 

moneys collected under ORS 466.795; 

(j) Requirements for reporting corrective 

action taken in response to a release; 

(k) Requireriients for taking corrective 

action in response to a release; 

(L) Requirements for soil assessment and 

tank tightness tests which shall not be mofe 

stringent soil assessment and tank tightness 

testing requirements than required by the 

federal government; 

(m) Provisions necessary to carry out the 

underground storage tank loan guarantee 

program authorized by section 4, chapter 

1071, Oregon Laws 1989; and 

(n) Any other rule necessary to carry out 

the provisions of ORS 466.706 to 466.882 and 

466.994. 

(2),So long as requirements are admiriistered uniformly within each area or region 

of the state, the commission may, adopt different requirements for different areas or regions of the state if the commission finds 

either of the following: • " 

(a) More stringent rules or standards .are 

necessary: , 

(A) To protect specific waters of the 

state, a sole source or sensitive aquifer' or 

any other sensitive envirorimental amenity; 

•,or 

(B) Because conditions peculiar to that 

area or region require different standards to 

protect public health, safety; welfaire or, the 

environment. : 

(b) Less stringent rules or standards are: 

(A) Warranted by physical cbnditions br 

economic hardship; 

(B) Consistent with the protection of the 

public health, safety, welfare or the environmerit; and 

(C) Not less, stringent than minimum 

federal requirements. 

(3) The rules adopted by the commission 

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

underground storage tanks. In makirig such 

distinctions, the commission may consider 

the following factors: 

(a) Location of the tanks; 

(b) Soil and climate conditions; 

(c) Uses of the tanks; 

(d) History of maintenance; 

(e) Age of the tanks; 

(f) Current industry recommended practices; 

(g) National consensus codes; 

(h) Hydrogeology; 

(i) Water table; ' 

(j) Size of the tanks; 

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

tank; 

(L) The technical ability of the owner or 

permittee; and 

(m) The compatibility of the regulated 

substance and the materials of which the 

tank is fabricated. 

(4) In adopting rules under subsection (1) 

of this section, the commission shall consider 

all relevant federal standards and regulations 

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

different than a federal standard or regulation on the same subject, the report submitted to the commission by the departinent 

at the time the commission adopts the standard or rule shall indicate clearly the deviation from the federal standard or regulation 

and the reasons for the deviation. [1991 c.863 

§14 (enacted in lieu of 466.745)] 

(Licenses; Permits) 

466.750 License procedure for persons 

servicing underground tanks. (1) In order 

to safeguard the public health, safety and 

welfare, to protect the state's natural and 

biological systems, to protect fhe public frona 

unlawful underground tank, installation and 

retrofit procedures, to assure the highest degree of leak prevention from underground 

storage tanks and to insure the appropriate 

cleanup of oil spills and releases, the Environmental Quality Commission may adopt a 

program to regulate persons providing 

underground storage tank. installatiori and 

removal, retrofit, testing, inspection arid remedial actibn services. 

, (2) The program established under subsection (1) of this section may include a procedure to license persons who demonstrate, 

to the satisfaction of the Department of Environmental Quality, the ability to service 

underground storage tanks. 'This demonstration of ability may consist of written or 

field examinations. The cominissiori may establish different types of licenses fbr different types of demonstrations, including but 

not limited to: 

(a) Installation, removal, retrofit and inspection of underground storage tanks; 

(b) Tank integrity testing; 

(c) Installation of leak detection systems; 

and 

(d) Cleanup of soil contamination resulting from spills or releases of oil from underground storage tanks. 

(3) The program adopted under subsection (1) of this section may allow the departTitle 36 Page 838 (2009 Edition) 
i 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.770 

ment after opportunity for hearing under the 

provisions of ORS chapter 183, to revoke a 

license of any person offering underground 

storage tank services who commits fraud or 

deceit in obtaining a license or who demonstrates negligence or incompetence in performing underground tank services. 

(4) The program adopted under subsection (1) of this section shall: 

(a) Provide that no person may offer to 

perform br perform services for which a license is required under the program without 

such license. 

(b) Establish a schedule of fees for licensing under the program. The fees shall be 

in an amount sufficient to. cover the costs of 

the department in administering the program. 

(5) The following persons shall apply for 

an underground storage tank permit from the 

department: 

(a) An owner of an underground storage 

tank currently in operation; 

(b) An ownei- of an underground storage 

tank taken out of operation between January 

1, 1974, and May 1, 1988; and 

(c) An owner of an underground storage 

tank that,was taken out of operation before 

January 1, 1974, but that still contains a 

regulated substance. [1987 c.539 §§14,15; 1989 c:926 

§42; 1999'c.979 §10; 2001 c.104 §202]' 

466.760 When permit required; who 

required to sign application. (1) No person 

shall install, bring into operation, operate or 

decomritiissipn an undergrouiid storage tank 

without first obtaining a permit fi-om the 

Department of Environmental Quality. 

(2) No person shall deposit a;regulated 

substance into an underground storage tank 

unless the tank is operating under a permit 

issued by the department. 

(3) Any person who assumes ownership 

of an underground storage tank firom a previous permittee inust complete and return to 

the department an application for a new permit before the person begins operation of the 

underground storage tank under the new 

ownership. 

(4) Any person who deposits a regulated 

substance into an underground storage tank 

or sells an underground storage tank shall 

notify the owner or operator of the tank of 

the permit requirements of this section; 

(5) The following persons must sign an 

application for a. permit submitted to the department under this section or ORS 466.750 

(5): 

(a) The owner of an underground storage 

tank storing a regulated substance; 

(b) The owner of the real property in 

which an underground storage tank is located; and 

(c) The proposed permittee, if a person 

other than the owner of the underground 

storage tank or the owner of the real property. [1987 c.539 §16; 1989 c.926 §43; 1989 c.1071 §§23,28; 

1999 c.979 §11] 

466.765 Duty of owner or permittee of 

undergroimd storage tank. In addition to 

any other duty imposed by law and pursuant 

to rules adopted under ORS 466.706 to 

466.882 and 466.994, the owner or the 

permittee of an underground storage tank 

shall: 

(1) Prevent releases; 

(2) Install, operate and maintain underground storage tanks and leak detection devices and develop and maintain records in 

connection therewith in accordance with 

standards adopted and permits issued under 

ORS 466:706 to 466.882 and 466.994; 

(3) Furnish information to the Department of Environmental Quality relating to 

underground storage tanks, including information about tank equipment and regulated 

substances stored in the tanks; 

(4) Promptly report releases; 

(5) Conduct monitoring and testing as 

required by rules adopted under ORS 466.746 

and permits issued imder ORS 466.760; 

(6) Permit department employees or a 

duly authorized and identified representative 

of the department at all reasonable times to 

have access to and to cbpy all records relating to underground storage tanks; 

(7) Pay all costs of investigating, preventing, reporting and stopping a release; 

(8) Decommission tanks, as required by 

rules adopted under ORS 466.746 and perinits 

issued under ORS 466.760; 

(9) Pay all fees; 

(10) Conduct any corrective action required under ORS 466.810; and 

(11) Perform any other requiremerit 

adopted under ORS 465.200, 466.706 to 

466.882, 466.994 and 478.308. [1987 c.539 §20 (enacted Ul lieu of 468.905)] 

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 Department 

of Environmental Quality may undertake any 

investigation or corrective action with respect to the contamination on the site. 

(2) The department shall keep a record 

of all expenses incurred in cariying out any 

corrective actibri authorized iinder subsection (1) of this section, including charges for 

Title 36 Page 839 (2009 Edition) 
466.775 PUBLIC HEALTH AND SAFETY 

services performed and the state's equipment 

and materials utilized. 

(3) Any owner or permittee of a contaminated site who fails without sufficient cause 

to conduct corrective action as required by 

an order of the department under ORS 

466.810 shall be liable to the department for 

damages not to exceed three times the 

amount of all expenses incurred by the department in carrying out the necessary corrective action. 

(4) Based on the record compiled by the 

department under subsection (2) of this section, the Environmental Quality Commission 

shall make a finding and enter an order 

against the person described in subsection (1) 

or (3) of this section for the amount of damages, not to exceed treble damages, and the 

expenses incurred by the state in carrying 

out the actions authorized by this section. 

The order may be appealed in the manner 

provided for appeal of a contested case order 

under ORS chapter 183. 

(5) If the amount of corrective action 

costs incurred, by the department and damages under this section are not paid by the 

responsible person to the. department within 

15 days after receipt of notice that such expenses are due and owing, or, if an appeal is 

filed within 15 days after the court renders 

its decision if the decision affirms the order, 

the Attorney General, at the request of the 

director, shall bring an action in the name 

of the State of Ofegon in a court of compe-

.tent jurisdictiori to recover the airiount specified in the notice of the director. 

(6) Subsection (5) of this section shall not 

apply if the department and the responsible 

person are negotiating or have entered into 

a, settlemerit agreement, except that if the 

responsible person fails to pay the corfective 

action costs as provided in the negotiated 

settlement the director may request the Attorney General to take action as set forth in 

subsection (5) of this section. 

(7) All moneys received by the department under this section shall be paid into 

'the fimd estabhshed in ORS 466.791. 

(8) As used in this section: 

(a) "Contamination" means any abandoning, spilling, releasing, leaking, disposing, 

discharging, depositing, emitting, pumping, 

pouring, emptying, injecting, escaping, 

leaching, placing or dumping of a regulated 

substance from an underground storage tank 

into the air or on any lands or waters bf the 

state, so that such regulated substance may 

enter the erivironriaent, be emitted into the 

air or discharged into any waters. Such contamination authorized by and in compliance 

with a permit issued under ORS chapter 454, 

459, 468, 468A, 468B, 469, ORS 466.005 to 

466.385 or federal law shall not be considered 

as contamination under ORS 465.200, 466.706 

to 466.882, 466.994 and 478.308. 

(b) "Site" means any area or land. [1987 

c.539 §24; 1993 c.560 §106] 

466.775 Grounds for refusal, modification, suspension or revocation of permit. 

(1) The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the 

department finds: 

(a) A material misrepresentation or false 

statement in the application for the permit; 

(b) Failure to comply with the conditions 

of the permit; or 

(c) Violation of any applicable provision 

of ORS 466.706 to 466.882 and 466.994, any 

applicable rule or standard adopted urider 

ORS 466.706 to 466.882 and 466.994 or an order issued under ORS 466.706 to 466.882 and 

466.994. 

(2) The department may modify a permit 

issued under ORS 466.760 if the department 

finds, after notice and. opportunity for hearing, that modificatiori is necessary to protect 

the public health, safety, welfare or the environment. 

(3) The department shall modify, suspend, 

revoke br refuse to issue or renew a permit 

according to the provisions of QRS chapter 

183 for a contested case proceeding.' [1987 c.539 

§21 ] '• 

466.780 Variaince upon petition. (1) 

Upon petition by "th e owner and the 

perriiittee of an underground storage tank, 

the Erivirorimental Quality Commissiori may 

grant a variance froiri the requirements of 

any rule bf standard adbpted under ORS 

466.746 if the commission finds: 

(a) The altemative proposed by the pbtitiorier provides ' protectiori to the public 

health, safety, welfare and the environinerit, 

equal to or greater than the mle or standard; 

and 

(b) The altemative proposal is at least as 

stringent as any applicable federal requiremerits. , 

(2) The cbnimissibn may grant a variance 

under subsection (1) of this sectibn only if 

the commission finds that strict compliance 

with the rule or standard is inappropriate 

because: 

(a) Conditions exist that are beyond the 

control of the petitioner; or 

(b) Special physical conditions or other 

circumstances render strict compliance unreasonable; burdensome or impracticable. 

(3) The commission may delegate the authority to grant a variance to the Department of Environmental Quality. 

Titie 36 Page 840 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.791 

(4) Within 15 days after the department 

denies a petition for a variance, the petitioner may file with the commission a request for review by the commission. The 

commission shall review the petition for variance and the reasons for the department's 

denial of the petition within 150 days after 

the commission receives a request for review. 

The commission may approve or deny the 

variance or allow a variance on terms different than the terms proposed by the petitioner. If the commission fails to act on a 

denied petition within the 150-day period the 

variance shall be considered approved by the 

commission. [1987 c.539 §22] 

(Finance) 

466.783 Installation fee; permit modification fee. (1) An applicant for a permit 

to install an underground storage tank shall 

pay an installation fee of $400 per tank. The 

applicant shall make payment to the Department of Environmental Quality at the time 

of application for the installation of an 

underground storage tank. 

(2)(a) When ownership of an existing 

underground storage tank changes, or when 

ownership of the property on which an 

underground storage tank is located changes, 

the permittee shall pay a permit modification 

fee of $75. The permittee shall make payment 

to the Department of Environmental Quality 

at the time of application for the modification of an operating permit. 

(b) When a permittee changes, the new 

permittee shall pay a permit modification fee 

of $75. The new permittee shall make payment to the Department of Environmental 

Quality at the time of application for the 

modification of an operating permit. 

(3) The fees collected by the department 

under this section shall be deposited into the 

State Treasury to the credit of an account 

of the department. All fees paid to the department shall be continuously appropriated 

to the department to carry out the provisions 

of ORS 466.706 to 466.882 and 466.994. [2001 

c.754 §12] 

466.785 Annual storage tank fee; late 

payment fee. (1) Every underground storage 

tank permittee shall pay a fee in the amourit 

of $135 per tank per calendar year. 

(2) A permittee shall pay a late fee of $35 

for each tank fee required under this section 

that is not paid by the specified due date. 

(3) Fees collected by the Department of 

Environmental Quality under this section 

shall be deposited in the State Treasury to 

the credit of an account of the department. 

All fees paid to the department shall be continuously appropriated to the department to 

carry out the provisions of ORS 466.706 to 

466.882 and 466.994. [1987 c.539 §§23,50; 1989 c.833 

§157; 1989 c.935 §1; 1989 c.1071 §§44,45; 1993 c.525 §§1,2,3; 

1999 c.884 §1; amendments by 1999 c.884 §3 repealed by 

2001 c.754 §17; 2001 c.754 §5; 2005 c.534 §3; 2007 c.479 §1] 

466.787 Annual service provider fee; 

biennial supervisor fee. (1) As used in this 

section: 

(a) "Service provider" means a person or 

firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage 

tank services. 

(b) "Supervisor" means a person, operating alone or employed by a contractor, who 

directs and oversees underground storage 

tank services. 

(c) "Underground storage tank services" 

includes but is not limited to iristallation, 

decommissioning, retrofitting, testing and inspection of underground storage tanks. 

(2) Pursuant to ORS 466.750: 

(a) A supervisor shall pay fees based on 

the following schedule: 

(A) $150 every two years for each license 

issued for cleanup of underground storage 

tanks; and 

(B) $150 every two years for a license to 

service underground storage tanks. 

(b) A service provider shall pay a fee of 

$300 per license per year. 

(3) Fees collected by the Department of 

Environmental Quality under this section 

shall be deposited into the State Treasury to 

the credit of an account of the department. 

All fees paid to the department shall be continuously appropriated to the department to 

carry out the provisions of ORS 466.706 to 

466.882 and 466.994. [2001'c.754 §4] 

46a790 [1987 c.539 §26; 1989 c.1071 §§24,29,30,46,47,48; 

repealed by 1991 c.863 §15 (466.791 enacted m heu of 

466.790)], •:• 

466.791 Underground 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 otherwise received from responsible parties for corrective 

action; 

(b) Moneys allocated to the fund from the 

Administrative Services Economic Development Fund; 

\K 

Titie 36 Page 841 (2009 Edition) 
466.795 PUBLIC HEALTH AND SAFETY 

(c) As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds made available 

from multidistrict litigation - 150 oil overcharge settlement moneys or surplus stripper 

well oil overcharge settlement moneys; and 

(d) Any penalty, fine or damages recovered under ORS 466.770. 

(3) The State Treasurer may invest and 

reinvest moneys in the Underground Storage 

Tank Compliance and Corfective Action 

Fund in the manner provided by law. 

(4) The moneys in the Underground 

Storage Tank Compliance and Corrective 

Action Fund are appropriated continuously 

to the Department of Environmental Quality 

to be used as provided in subsectiori (5) of 

this section. 

(5) Moneys in the Underground Storage 

Tank Compliance and Corrective Action 

Fund may be used by the department for the 

following purposes: 

(a) Supporting the loan guarantee program established pursuant to section 4, 

chapter 1071, Oregon Laws 1989; 

(b) Repajring moneys advanced under 

ORS 293.205 to 293.225 to aUow the department to begin operating the grant and loan 

programs established pursuant to section 4, 

chapter 1071, Oregon Laws 1989, or servicing 

any debt iricurred by the fund; 

(c) Administration of the underground 

storage tank program; 

(d) Funding the interest rate subsidies 

established under section 6a, chapter 863, 

Oregon Laws 1991; 

(e) Funding the underground storage 

tank insurance premium copayment program 

established under sections 38 to 46, chapter 

863, Oregon Laws 1991; and 

(f) Funding of the grants established under section 6, chapter 863, Oregon Laws 

1991. [1991 c.863 §16 (enacted in heu of 466!790); 1993 

c.18 §120; 1993 c.661 §5; 1997 c.767 §9; 2001 c.104 §203] 

466.795 Undergroimd Storage Tank 

Insurance Fund. (1) The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund in 

the State Treasury to be used solely for the 

purpose of satisfying the financial responsibility requirements of QRS 466.815. 

(2) Moneys transferred by the Department of Environmental Quality from the 

Underground Storage Tank Compliance and 

Corrective Action Fund established under 

ORS 466.791 shall be credited to the Underground Storage Tank Insurance Fund. 

(3) The State Treasurer may invest and 

reinvest moneys in the Underground Storage 

Tank Insurance Fund in the manner provided 

by law. 

(4) The moneys in the Underground 

Storage Tank Insurance Fund are appropriated continuously to the department to be 

used as provided for in subsection (5) of this 

section. 

(5) Moneys in the Underground Storage 

Tank Insurance Fund may be used by the 

department for the following purposes, as 

they pertain to underground storage tanks: 

(a) Funding of the underground storage 

tank insurance premium copajnments established under sections 38 to 46, chapter 863, 

Oregon Laws 1991; and 

(b) Payinent of the department's costs in 

administering the Underground Storage Tank 

Insurance Fund, which shall be limited to 

five percent of the premium collected. [1987 

c.539 §28; 1989 c.833 §158; 1989 c.935 §§2,3; 1991 c.863 §47] 

466.800 Records as public records; exceptions. (1) Except as provided in subsection (2) of this section, any records, reports 

or information obtained from any persons 

under ORS 466.765 and 466.805 shall be made 

available for public inspection and copying 

during the regular office hours of the Department of Environmental Quality at the 

expense of any person requesting copies. 

, (2) Unless classified by the director as 

confidential, any records, reports or information obtained under ORS 466.706 to 466.882 

and 466.994 shall be available to the public. 

Upon a showing satisfactory to the director 

by any persbn that records, reports or information, or particular parts thereof, if riiade 

public, would divulge methbds, processes or 

information entitled to protection as trade 

secrets under ORS 192,501 to 192.505, the director shall classify as confidential such record, report or information, or particular 

part thereof. However, such record, report or 

information may be disclosed to any other 

officer, medical or public safety employee or 

authorized representative of the state concerned with carrying out ORS 466.706 to 

466.882 and 466.994 or when relevant in any 

proceeding under ORS 466.706 to 466.882 and 

466.994. 

(3) Any record, report or information obtained or used by the department or the Environmental Quality Commission in 

administering the statewide underground 

storage tank program under ORS 466.706 to 

466.882 and 466.994 shall be available to the 

United States Environmental Protection 

Agency upon request. If the record, report or 

information has been submitted to the state 

under a claim of confidentiality, the state 

shall make that claim of confidentiality to 

the Environmental Protection Agency for the 

requested record, report or information. The 

Titie 36 Page 842 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.815 

federal agency shall treat the record, report 

or information subject to the confidentiality 

claim as confidential in accordance with applicable federal law. [Formerly 468.910] 

(Enforcement) 

466.805 Site inspection; subpoena or 

w^arrant. (1) In order to determine compliance with the provisions of ORS 466.706 to 

466.882 and 466.994 and rules adopted under 

ORS 466.706 to 466.882 and 466.994 and to 

enforce the provisions of ORS 466.706 to 

466.882 and 466.994, any employees of or an 

authorized and identified representative of 

the Department of Environmental Quality 

may: 

(a) Enter at reasonable times any establishment or site where an underground storage tank is located; 

(b) Inspect and obtain samples of a regulated substance contained in an underground 

storage tank; and 

(c) Conduct an investigation of an underground storage tank, associated equipment, 

contents or the soil, air or waters of the 

state surrounding an underground stbrage 

tank. 

(2) If any person refuses to comply with 

subsection (1) of this section, the depa.rtment 

or a duly authorized and identified representative of the' department may obtain a warrant or subpoena to allow such entry, 

inspection, sampling or copying. [1987 c.539 §30 

(enacted m lieu of 468.907)] 

466.810 Investigation bn noncpmpfliance; findirigs and orders; decommissioning tank; hearings; other remedies. (1) 

Whenever the Department of Environmental 

Quality has reasonable cause to believe that 

an underground storage tank or the operation of an underground storage tank violates 

ORS 466.706 tb 466.882 and 466.994 or fails 

to comply with a rule, order or permit issued 

under ORS 466.706 to 466.882 and 466.994, 

the department may investigate the undefground storage tank. 

(2) After the department investigates an 

underground storage tank under subsection 

(1) bf this section, the department may, 

without notice or hearing, make such findings and issue such orders as it considers 

necessary to protect the public health, safety, 

welfare or the environment. 

(3) The findings and orders made by the 

department under subsection (2) of this section may: 

(a) Require changes in the operation, 

practices or operating procedures found to 

be in violation of ORS 466.706 to 466.882 and 

466.994 or the mles adopted under ORS 

466.706 to 466.882 and 466.994; 

(b) Require the owner or operator to 

comply with the provisions of a permit; 

(c) Require compliance with a schedule 

established in the order; and 

(d) Require any other actions considered 

necessary by the department. 

(4) After the department issues an order 

under subsection (2) of this section, the department may decommission the underground 

storage tank or contract with another person 

to decommission the underground storage 

tank. 

(5) The department shall serve a certified 

copy of any order issued by it under subsection (2) of this section to the permittee or 

the permittee's duly authorized representative at the address furnished to the department in the permit application or other 

address as the department knows to be used 

by the permittee. The order shall take effect 

20 days after the date of its issuance, unless 

the permittee requests a hearing on the order before the Environmental Quality Commission. The request for a hearing shall be 

submitted in writing within 20 days after the 

department issues the order. 

(6) All hearings under this section shall 

be conducted according to applicable provisions of ORS chapter 183 for contested 

cases. 

(7) Whenever it appears to the department that any person is engaged or about to 

engage in any act or practice that constitutes a violation of ORS 466.706 to 466.882 

arid 466.994 or the mles and orders adopted 

urider ORS 466.706 tb 466.882 arid 466.994 or 

of the terms of any perinit issued under ORS 

466.706 to 466.882 and 466.994, the department, without prior administrative hearirig, 

may institute actions or proceedings for legal 

or equitable remedies to enforce compliance 

therewith or to restrain further violations 

thereof. [1987 c.539 §32; 1999 c.849 §101a] 

466.815 Financial responsibility of 

owner or permittee; rules; legislative review. (1) The Environmental Quality Commission may by rule require an owner or 

permittee to demonstrate and maintain financial responsibility for: 

(a) Taking corrective actiori; 

(b) Compensating a third party for bodily 

injury and property damage caused by a release; and 

(c) Compensating the Department of Environmental Quality, 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 party, surety bond, letter of 

! Iglll 

M4 

• w 

mfTitle 36 Page 843 (2009 Edition) 
466.820 PUBLIC HEALTH AND SAFETY 

credit or qualification as a self-insurer or 

any combination of these methods. In adopting rules under subsection (1) of this section, 

the commission may specify policy or other 

contractual terms, conditions or defenses 

necessary or unacceptable to establish evidence of financial responsibility. 

(3) If an owner or permittee is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if 

jurisdiction in any state or federal court 

cannot be obtained over either an owner br 

a permittee likely to be solvent at the time 

of judgment, any claim arising from conduct 

for which evidence of financial responsibility 

must be provided under this section may be 

asserted directly against the guarantor. In 

the case of action under subsection (l)(b) of 

this section, the guarantor is entitled to invoke all rights and defenses that would have 

been available to the owner or permittee if 

the action had been brought against the 

owner or permittee by the claimant and all 

rights and defenses that would have been 

available to the guafantor if the action had 

been brought against the guarantor by-the 

owner or permittee. 

(4) The total liability of a guarantor shall 

be limited to the aggregate amount the 

guarantor provided as evidence of financial 

responsibility to the owner or permittee under subsection (2) of this section. This subsection does not limit any other state or 

federal statutory, contractual or common law 

liability of the guarantor for bad fa,ith in nesgotiating or in failing to negotiate the 

"settlement of any claim. This subsectiori does 

not diminish the liability of any person under 

section 107 or 111 of the Comprehensive Environmental 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 br part 

of the finartcial responsibility requireriients 

of this section. 

(6) No rule requiring an owner or 

permittee to demonstrate and maintain financial responsibility shall be adopted by the 

commission before review by the appropriate 

legislative committee as determiried by the 

President of the Senate and the Speaker of 

the House of Representatives. [1987 c.539 §27] 

466.820 Reimbursement to department; procedtu-e for collection; treble 

damages. (1) The owner and the perriiittee 

of an underground storage tank found to be 

in violation of any provision of ORS 466.706 

to 466.882 and 466.994, shall reimburse the 

Department of Environmental Quality for all 

costs reasonably incurred by the department. 

excluding administrative costs, in the investigation of a leak from an underground storage tank. Department costs may include 

investigation, design engineering, inspection 

and legal costs necessary to correct the leak. 

(2) Payment of costs to the department 

under subsection (1) of this section shall be 

made to the department within 15 days after 

the end of the appeal period or, if an appeal 

is filed, within 15 days after the court or the 

Environmental Quality Commission renders 

its decision, if the decision affirms the order. 

(3) If such costs are not paid by the 

owner or the permittee of the underground 

storage tank to the department within the 

time provided in subsection (2) of this section, the Attorney General, upon the request 

of the director, shall bring action in the 

name of the State of Oregon in the Circuit 

Court of Marion County or the circuit court 

of any other county in which the violation 

may have taken place to recover the amount 

specified in the order of the department. 

(4) In addition to any other penalty provided by law, if any. person is found in violation of any provision of ORS 465.200, 

466.706 to 466.882, 466.994 and 478.308, the 

commission or the court may award damages 

in the amount equal to three times the 

amount of all expenses incurred by the department in investigating the viblation. 

(5) Moneys reimbursed shall be deposited 

to the State Treasury to the credit of an account of the department and are continuously appropriated to the department for 

the purposes of administering ORS 465.200, 

466.706 to 466.882, 466.994 and 478.308. [1987 

c.539 §34 (enacted in lieu of 468.914)] / 

466.825 Strict liability of owner or 

permittee. The owner and permittee of an 

underground storage tank found to be the 

source of a release shall be strictly liable to 

any owner or permittee of a nonleaking 

underground storage tank in the vicinity, for 

all costs reasonably incurred by such nonleaking underground storage tank owner or 

permittee in determining which tank was the 

source of the release. [1987 c.539 §35] 

466.830 Halting tank operation upon 

clear and immediate danger. (1) Whenever, 

in the judgment of the Department of Environmental Quality from the results of monitoring or observation of an identified release, 

there is reasonable cause to believe that a 

clear and immediate danger to the public 

health, welfare, safety or the environment 

exists from the continued operation of an 

underground storage tank, the department 

may, without hearing or prior notice, order 

the operation of the underground storage 

tank or site halted by service of an order on 

the owner or permittee of the underground 

storage tank or site. 

Titie 36 Page 844 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.845 

(2) Within 24 hours after the order is 

served under subsection (1) of this section, 

the department shall appear in the appropriate circuit cburt to petition for the equitable 

relief required to protect the public health, 

safety, welfare or the environment. [1987 c.539 

§36] 

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 urider ORS 466.706 to 466.882 and 

466.994 shall constitute a lien upon any real 

and personal property ovvned by the person. 

(2) The Department of Environmental 

Quality. shall file a claim of lien on real 

property to be charged with a lien under 

subsection (1) of this section with the recording officer of each county in which the 

real property is located and shall file a claim 

of lien on personal property to be charged 

with a lien under subsection (1) of this section with the Secretary of State. The lien 

shall attach and become enforceable on the 

date of the filing. The lien claim shall contain: 

(a) A statement of the demand; 

(b) The name of the person against whose 

property the lien attaches; 

(c) A description of the property charged 

with the lien sufficient for identification; and 

(d) A statement bf the failure of the person to conduct compliance and corrective 

actions as required. 

(3) A lien created by this section may be 

foreclosed by a suit bn real arid personal 

property in the circuit court in the manner 

provided by law for the foreclosure of liens. 

(4) Nothing in this section shall affect 

the right of the state, to. bring an action 

against any person to recover all costs and 

damages for which a person is liable under 

the provisions of ORS 466.706 to 466.882 and 

466.994. [1987 c.539 §37] ' 

466.837 Noncompliance penalties for 

specific underground storage tank violations; waiver of right to appeal; advisory committee; rules. (1) Notwithstanding 

ORS 466.994, the Environmental Quality 

Commission shall adopt mles for arid implement a program for the assessment and expedited imposition of noncompliance 

penalties for specific underground storage 

tank violations. The Department of Environmental Quality shall form an advisory committee to assist the comriiission in the 

development of the program. 

(2) Permittee participation in the prbgram is voluntary. Participants shall agree 

to accept the penalty assessed under the 

program as the final order by the Department of Environmental Quality and shall 

agree to waive any right to an appeal or any 

other judicial review of the department's determination of a violation or assessment of a 

fine. 

(3) A penalty assessed under this program may not be less than $50 or greater 

than $500 per. individual violation. Penalties 

imposed in the aggregate may not be more 

than $1,500 per facility per inspection date. 

(4) The fees collected by the departirient 

under this section shall be deposited into the 

State Treasury to the credit of an account 

of the department. All fees paid to the department shall be continuously appropriated 

to the department for the purposes of providing support to the program, technical assistance or operator training or meeting 

other needs of the department. [2001 c.754 §13; 

2007 c,479 §2] 

(Financial Assistance Programs) 

466.840 Legislative finding:s. The Legislative Assembly finds that: 

(1) The upgrading of underground storage 

tanks and the improving of such tanks and . 

associated equipment are necessary to pro-^,/ 

tect the public health and safety and the en.-

vironment. 

(2) The costs of upgrading leaking underground storage tanks, purchasing improved 

equipment and cleaning up the contamination caused by, leaking underground storage 

tanks, including the costs of disposal, remediation or other treatment of soil contaminated . as a result qf leaking underground 

storage tanks, exceed the financial capacity 

of many owners and operators of underground storage tanks. 

(3) The availability of motor vehicle,fuel 

is necessary to create and retEun employment 

and to encourage tourism in Oregon. < 

(4) It is the intent and policy of the Legislative Assembly to: '; 

(a) Insure the funding and support of remedial action and replacement of leaking 

underground storage tanks and associated 

equipment, while allowing the owners and 

operators to continue to operate their businesses in Oregon; and 

(b) In order to insure such funding and 

support, prevent a local unit of government 

from imposing taxes, fees or surcharges on 

soil generated as a result of remedial action 

or replacement of leaking underground storage tanks. [1993 c.661 §2] 

466.845 Commission authority to accept and expend moneys received for financial assistance programs. (1) The 

Environmental Quality Commission may accept and expend moneys from any public or 

Title 36 Page 845 (2009 Edition) 
466.858 PUBLIC HEALTH AND SAFETY 

private source, including the federal government, made available for the purpose of carrying out financial assistance programs for 

owners and operators bf storage tanks containing motor vehicle fuel. 

(2) All moneys and the proceeds of all 

moneys received by the Environmental Quality Commission under this section shall be 

deposited in the Underground Storage Tank 

Compliance and Corrective Action Fund to 

be used for the purposes for which they were 

made available and shall be expended in accordance with the terms and conditions upon 

which they were made available. [1993 c.661 

§3] . , 

466.850 [1997 c.838 §1; repealed by 1999 c.880 §8] 

466£55 [1997 c.838 §2; repealed by 1999 c.880 §8] 

(Heating Oil Tanks) 

466.858 Heating oil tank regulatory 

program; license to provide heating oil 

tank services; certification of corrective 

action. (1) The Environmental Quality Commission shall adopt a heating oil tank program to regulate the decommissioning of 

cheating oil tanks and the corrective action 

of soil contamination resulting from the release of oil from heating oil tanks. 

(2) The program adopted under subsection (1) of this section shall include: 

(a) A,procedure to license persons who 

demonstrate, to the satisfaction of the Department of Environmental Quality, the ability to provide heating oil tank services. 

(b) An educational pamphlet on the 

proper procedure to decommission heating oil 

tanks. 

(c) A certification program that aUows 

the department to certify the voluntary decofnmissioning of heating oil tanks or to apE

rove a corrective action that is certified to 

e complete by a person licensed under ORS 

466.868 to perform such corrective action. 

[1999 c.979 §2] 

, 460860 [1997 c.838 §3; repealed by 1999 c.880 §8] 

466.862 License required to provide 

heating oil tank services. No person shall 

perform or offer to perform heating oil tank 

services without first obtaining the license 

requu-ed under ORS 466.868. [1999 c.979 §3] 

,,, 466*65 [1997 c.838 §4; repealed by 1999 c.880 §8] 

466.868 Licensing requirements; annual fee; registry of licensees; revocation 

of license. (1) In order to obtain a license 

under the program established pursuant to 

ORS 466.858, a person' shall provide to the 

^ Department of Environmental Quality: 

(a) A certificate of insurance in an 

amount adequate to pay for any additional 

corrective action necessary as a result of an 

improper or inadequate decommissioning or 

corrective action approved by the department. 

(b) A summary of all projects completed 

since the applicant last applied for a license, 

including the costs of those projects. 

(c) For each individual license, a demonstration of ability, which may consist of 

written or field examinations. 

(d) Any other information deemed necessary by the department. 

(e) An annual license fee. The fee shall 

be: 

(A) $750 for the business, including but 

not limited to corporations, limited partnerships and sole proprietorships, engaged in 

the performance of heating oil tank services; 

and 

(B) $75 for each individual employed by 

the business and charged with the supervisory responsibility to direct and oversee the 

performance of tank services at a facility. 

(2) The department shall maintain a registry of all persons licensed under this section, including a summary of the project 

information required in the application. 

(3) In accordance with ORS chapter 183, 

the department may revoke a license of any 

person offering heating oil tank services who 

commits fraud or deceit in obtaining a license or who demonstrates negligence'or incompetence in performing the heating oil 

tank services. [1999 c.979^ §4] 

466*70 [1997 c.838 §5; repealed by 1999 c.880 §8] 

466.872 Certification of voluntary decomriaissioning or approval of corrective 

action; fee. (1) In establishing the requirements to certify a voluntary decommissioning 

or to approve corrective action on the basis 

of a certification received from a heating oil 

tank service provider, the Department of 

Environmental Quality shall include: 

(a) A process for conducting inspections 

bf sites where a heating oil tgmk has been 

decommissioned or where a heating oil tank 

service provider certifies corrective action is 

complete; 

(b) The specific infonnation that a person 

iriust submit to certify that corrective actibn 

is complete; 

(c) Provisions that allow the department 

to reject certification and require additional 

corrective action prior to approval by the 

department that the certification is complete 

and complies with the standard set forth in 

ORS 465.315; and 

(d) Provisions to require additional information about a decommissioning before cer- • 

tifying the decommissioning. 

(2) Any person requesting certification of 

a heating oil tank decommissioning under 

Titie 36 Page 846 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.901 

subsection (1) of this section shall file a request with the department accompamied by a 

filing fee of $75. 

(3) Any person requesting certification of 

a heating oil tank corrective actiori under 

subsection (1) of this section shall file a request with the department accompanied by a 

filing fee of $200. [1999 c.979 §6; 2001 c.755 §1; 2007 

C.85 fl] 

466.878 Required actions when use of 

luider^ound heating oil tank is terminated; requirements at time of sale of 

real property containing abandoned heating oil tank. (1) When the use of an underground heating oil tank is terminated 

because the tank is replaced br an oil-heated 

building or residence is converted to a different primary source of heat: 

. (a) The property owner shall ensure that 

the underground heating oil tank has been 

emptied of oil, which shall be appropriately 

managed. 

(b) The vent line shall be left in place if 

the tank is not decommissioned. 

(c) The person installing the new heating 

equipment shall advise the property owner 

that it is illegal to disconnect a heating oil 

tank without pumping out the tank arid that 

there are practices recommended by the Department of Environmental Quality for decbmmissioning a heating oil tank. 

(2) When real property is sold, the seller 

shall ensure that any abandoned heating oil 

tank that is known to be bn the property has 

been emptied of oil, which shall be appropriately mariaged, and the seller shall provide 

to the buyer documentation showing that the 

tank has been emptied. [1999 c.880 §6] 

466*80 [Formerly 459.995; (3) and (4) enacted by 

1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 

466.990 in 1997] 

466.882 Rules. The Environmental Quality Commission shall adopt mles necessary 

to carry out ORS 466.858 to 466.878. The 

rules shall include* but need not be limited 

to: 

(1) A voluntary process for certifying the 

decommissioning of an abandoned underground heating oil tank; 

(2) Information required to be submitted 

by a licensed heating oil tank service provider or homeowner to allow the Department 

of Environmental Quality to approve a heating oil tank corrective action; 

(3) Requirements for the approval of decommissioning; 

(4) Standards to define adequate tank decommissioning; and 

(5) Requirements for the approval by the 

Department of Environmental Quality of decommissioning of underground heating oil 

tanks that were decommissioned before August 17, 1999. [1999 c.979; §7; 1999 c.979 §16] 

466*90 [1985 c.685 §2; renumbered 466.992 in 1997] 

466*95 [1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36; 

renumbered 466.994 in 1997] / 

466500 [1987 c.735 §23; renumbered 465.900 m 1989] 

UNDERGROUND STORAGE TANKS 

HOLDING AIRCRAFT 

OR MARINE FUEL 

466.901 Definitions for ORS 466.901 to 

466.915. As used in ORS 466.901 to 466.915: 

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

(2) "Corrective action" means remedial 

action taken to protect the present or,future 

public health, safety or welfare or the environment from a release of aircraft or marine 

fuel. "Corrective action" includes but is not 

limited to: 

(a) The prevention, elimination, removal, 

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

of a hazard or potential hazard or threat, including migration of released aircraft or marine fuel; or ^' 

(b) Transportation, storage, treatment or .' 

disposal of aircraft or marine fuel or contaminated material from a site. ,-

(3) "Department" means the Department 

of Environmental Quality. 

(4) "Facility" means ariy one or combination of fuel tanks and pipes connected to the 

tanks, used to contain an accumulation of 

aircraft or marine fuel including gasoline or 

diesel oil, that are located at one contiguous 

geographical site. 

(5) "Fuel tank" means an undergrbvind 

stbrage tank, as defined in ORS 466.706, U^ed 

to contain an accumulation of aifcraft or 

marine fuel. 

(6) "Investigation" means mbnitoring, 

surveying, testing or other information gathering. 

,(7) "Owner" means the owner of a fuel 

tank. 

(8) "Port" has the meaning given that 

term m ORS 777.005. "Port" includes an airport, as defined m ORS 836.005, that is 

bwned by a port. 

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

leaking or placing of aircraft or marine fuel 

from a fuel tank into the air or into br on 

land or the waters of the state, other thari 

as authorized by a permit issued under state 

or federal law. 

(10) "Stage I vapor collection system" 

means a system where fuel vapors are forced 

from a tank into a vapor-tight holding system 

Title 36 Page 847 (2009 Edition) 
466.903 PUBLIC HEALTH AND SAFETY 

or vapor control system through direct displacement by the fuel being loaded. 

(11) "Stage II vapor collection system" 

means a system where at least 90 percent, 

by weight, of the fuel vapors that are displaced or drawn from a fuel tank during refueling are transferred to a vapor-tight 

holding system or vapor control system. 

(12) "Waters of the state" has the meaning given that term in ORS 468B.005. [1997 

c.788il] • 

Note: 466.901 to 466.920 were enacted mto law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 466 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. 

466.903 Financial assistance program 

for fuel tanks holding aircraft or marine 

fuel; application; fees. (1) The Department 

of Environmental Quality shall conduct a financial assistance program as described in 

this section and ORS 466.905, for the purpose 

of upgrading or replacing fuel tanks, conducting corrective action or installing stage 

I and II vapor collection system underground 

piping, hoses and nozzles at a fuel tank facility holding an accumulation of aircraft or 

marine fuel for resale. 

(2) An applicant for financial assistance 

shall submit an application for financial assistance to bring the applicant's fuel tank 

facility into compliance with any applicable 

technical and financial responsibility requireriients. 

• (3) An applicant under subsection (2) of 

this section shall sign a consent agreement 

with the department to bring the applicant's 

fuel tank facility into compliance with all 

applicable technical and financial responsibility requirements. In the consent agreement, the department may require the 

applicant to conduct daily inventory control 

and reconciliation, investigate a suspected 

release, report a confirmed release within 24 

hours, determine whether an imminent hazard exists through adequate investigation 

and testing arid conduct other reasonable 

fuel tank facility management activities that 

do not require capital investment. 

(4) An applicant who the department determines is eligible for financial assistance 

shall not be subject to enforceriient actibn 

under ORS 466.706 to 466.882 and 466.994 if 

the applicant is making a good faith effort to: 

(a) Bring the applicant's fuel tank facility 

into compliance with all technical and financial responsibility requirements on or before 

December 22, 1998; or 

(b) Permanently close the fuel tank facility in accordance with applicable fuel tank 

requirements on or before December 22, 1998. 

(5) In order to manage the funds available in the Fuel Tank Compliance and Corrective Action Fund, and to process the 

projected number of financial assistance applications, the department may establish a 

schedule for starting construction of the 

projects receiving financial assistance under 

this section and ORS 466.905. If the department finds that it is necessary to adjust an 

applicant's schedule, the department shall 

consult with the applicant in establishing the 

new schedule. The applicant's financial assistance from the department shall not be 

adversely affected by a schedule change imposed by the department. '. •.. 

, (6) Any port that does not submit an application fof financial assistance shall comply with all applicable technical, and 

financial responsibility requirements. Any 

port that receives financial assistance shall 

comply with all applicable technical and financial responsibility requirements within 60 

days after completing the upgrade or replacement project. 

(7) An applicant for finaricial assistance 

shall: 

(a) Hold a valid underground storage 

tank permit for the facility for which the 

applicant is requesting the assistance; 

(b) Pay all annual underground storage 

tank compliance fees, including any fees 

currently due; 

(c) Take appropriate corrective action in 

accordarice with mles of the Environmental 

Quality Commission in the event of an imminent hazard involving ground water contamination or a threat of fire and explosion 

fi-om a spill or release of fuel; and 

(d) If the applicant closes a fuel tank facility, conduct closure operations in accordance with requirements established by rule 

by the commission. [1997 C.788 §2] 

Note: See note under 466.901. 

466.905 Eligibility for financial assistance; amount of grants. (1) Any port that 

owns or is responsible for a fuel tank holding 

an accumulation of aircraft or marine fuel 

for resale jmay be eligible for the financial 

assistance program established pursuant to 

this section and ORS 466.903. The financial 

assistance may be used to upgrade or replace 

a fuel tank, conduct corfective action or install stage I and II vapor collection system 

underground piping,. hoses and nozzles at a 

fuel tank facility in conformity with applicable state and federal fuel tank, air quality 

and corrective action rules. If the port owns 

or is responsible for more than one fuel tank . 

facility, the port is eligible for all applicable 

financial assistance for each facility. 

(2) Any port owning or responsible for 12 

or fewer tanks, and meeting the criteria in 

Title 36 Page 848 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS IMATERIALS II 466.920 

subsection (3) of this section, may be eligible 

for a fuel tank essential services grant. The 

grant may be for an amount of 75 percent of 

eligible project costs but shall not exceed 

$75,000. 

(3) An applicant for a fuel tank essential 

services grant also shall be the sole supplier 

of aircraft or marine fuel for the port. [1997 

c.788 §3] 

Note: See note under 466.901. 

466.907 Rules. The Environmental Quality Commission may adopt mles to implement the financial assistance program 

estabhshed by ORS 466.903 and 466.905. 

However, to the maximum extent possible, 

the Department of Environmental Quality 

shall rely on existing rules adopted by the 

commission to carry out othef programs providing financial assistance to owners or operators of underground storage tank 

facilities. [1997 c.788 §4] 

Note: See note under 466.901. 

466.910 Sources of funds; disposition. 

(1) The Environmental Quality Commission 

may accept and expend moneys from any 

public or private source, including the federal government, niade available for the purpose of carrjdng out the financial assistance 

program estabhshed by ORS 466.903 and 

466.905. 

(2) All moneys and the proceeds Of all 

moneys received by the commission under 

this sectibn shall be deposited in the Fuel 

Tank Cbmpliance and Corrective Action 

Fund to be used fbr the purposes for which 

they were made available and shall be expended in accordance with the terms and 

conditions upon which they were made 

available. [I997,c.788 §5] 

Note: See note imder 466.901. 

466.£ll3 Fuel Tank Compliancie and 

Corrective Action Fund. (1) The Ftiel Tank 

Compliance and Corrective Action Fund is 

established separate and distinct from the 

General Fund in the State Treasury. • 

(2) The follbwing moneys, as.they pertain 

to a fuel tank facility, shall be deposited into 

the State Treasury and credited to the Fuel 

Tank Compliance and Corrective Action 

Fund: 

(a) Moneys recovered or otherwise received from responsible parties for corrective 

action related to a fuel tank facility; 

(b) Moneys allocated to the fund from the 

Administrative Services Economic Development Fund; , 

(c) Any perialty, fine or damages recovered under ORS 466.770 pertaining to a fuel 

tank facility; and 

(d) Any moneys received pursuant to 

ORS 466.910. 

(3) The State Treasurer rnay invest and 

reinvest moneys in the fund in the manner 

provided by law. 

(4) The moneys in the fund are appropriated continuously to the Department of Environmental Quality to be used as provided 

in subsection (5) of this section. 

(5) Moneys in the fund may be used by 

the department for administration and funding of the essential services grant program 

estabhshed under ORS 466.903 and 466.905. 

(1997 c.788 §6] 

Note: See note under 466.901. 

466.915 Memorandum of understanding with State Marine Board or Department of Transportation. The Department 

of Environmental Quality may enter into a 

memorandum of understanding with the 

State Marine Board or the Department of 

Transportation that provides for the State 

Marine Board or the Department of Transportation to manage essential services grants 

awarded to eligible ports, as determined by 

the Department of Environmental Quality 

under ORS 466.903 and 466.905. [1997 c.788 §7] 

Note: See note under 466.901. 

466.917 Priority of financial assistance' 

granted by Director of Transportation. In 

rendering financial assistance under ORS 

836.015, the Director of Transportation shall 

give priority to any applicant who requests 

financial aid to cover those costs of upgrading or replacing fuel tanks that exceed the 

amoimt of a grant awarded to the applicant 

under ORS 466.903 and 466.905. In ofder to 

receive priority under this section, the applicant shall: 

(1) Otherwise meet eligibility requireriients for financial assistance under ORS 

836.015; and 

(2) Be a recipient of a grant under ORS 

466.903 and ,466.905. [1997 c.788 §8] 

Note: See note under 466.901. 

466.920 Priority for distribution of 

funds by State Marine Board. Notwithstanding ORS 830.150 (2)(a), in distributing 

fimds under ORS 830;i50 (1); the State Marine Board shall give priority to any apphcant who applies for funds to cover those 

costs of upgrading of replacing, fuel tanks 

that exceed the amount of a grarit awarded 

to the applicant under ORS 466.903 and 

466.905. In order to receive priority under 

this section, the .applicant shall: 

(1) Otherwise meet eligibility requirements for receipt of funds distributed under 

ORS 830.150; and 

(2) Be a recipient of a grant under ORS 

466.903 and 466.905. [1997 c.788 §9] 

Note: See note under 466.901. 

Titie 36 Page 849 (2009 Edition) 
iO 

466.990 PUBLIC HEALTH AND SAFETY 

"-v* ^ 

''llm 

,1 

CIVIL PENALTIES 

466.990 Civil penalties generally. (1) In 

addition to any other penalty provided by 

law, any person who violates ORS 466.005 to 

466.385 and 466.992, a license condition or 

any Environmental Quality Cbmmission rule 

or order pertaining to the generation, treatment, storage, disposal or transportation by 

air or water of hazardous waste, as defined 

Iby ORS 466.005, shall incur a civil penalty 

not to exceed $10,000 for each day of the violation. 

(2) The civil penalty authorized by subsection (1) of this section shall be imposed in 

the manner provided by ORS 468.135. 

(3) In addition to any other penalty provided by law, any person who violates a provision of ORS 466.605 to 466.680, or any rule 

or order entered or adopted under QRS 

466.605 to 466.680, may incur a civil penalty 

not to exceed $10,000. Each day of violation 

shall be considered a separate offense. 

(4) The civil penalty authorized by subsection (3) of this section shall be imposed in 

the manner provided by ORS 468.135, except 

that a penalty collected under this section 

shall be deposited to the fund established in 

ORS 466.670. [Formerly 466.880] 

Note: The amendments to 466.990 by sectioh 4, 

chapter 267, Oregon Laws 2009, become operative January 1, 2011, and apply to violations occurring on or after January 1, 2011. See sections 17 and 19, chapter 267, 

Oregon Laws 2009. The text that is operative on ahd 

after January 1, ,2011, is set forth for the user's convenience. 

466.990. (1) In addition to any other penalty provided by law, any person who violates ORS 466.005 to 

466.385 and 466.992, a license condition or any Envirbnmental Quality Commission rule or any order of the 

commission or Department of Environmental Quality 

pertaining to the generation, treatment, storage, disposal or transportation by air or water of hazardous 

waste, as defined by ORS 466.005, shall incur a civil 

penalty not to exceed $25,000 for each day of the violation. 

(2) The civil penalty authorized by subsection (1) 

of this section shall be imposed in the manner provided 

by ORS 468.135. 

(3) In addition to any other penalty provided by 

law, any person who violates a provision of ORS 466.605 

to 466.680; or any ride or order entered or adopted under ORS 466.605 to, 466.680, shall incur a civil penalty 

not to exceed $25,000., Each day of violation shall be 

considered a separate offense. 

(4) The civil penalty authorized by subsection (3) 

of this section shair be imposed in the manner provided 

by ORS'468.135, except that a penalty collected under 

this section shall be deposited to the fund established 

in ORS 466.670. 

466.992 Civil penalties for damage to 

wildlife resulting from contamination of 

food or water supply. (1) Any person who 

has care, custody or control of a hazardous 

waste or a substance which would be a hazardous waste except for the fact that it is not 

discarded, useless or unwanted shall incur a 

civil penalty according to the schedule set 

forth in subsection (2) of this section for the 

destmction, due to contamination of food or 

water supply by such waste or substance, of 

any of the wildlife referred to in subsection 

(2) of this section that are the property of 

the state. 

(2) The penalties referred to in subsection (1) of this section shall be as follows: 

(a) Each game mammal other than 

mountain sheep, mountain goat, elk or silver 

gray squirrel, $400. 

(b) Each mountain sheep or mountain 

goat, $3,500. 

(c) Each elk, $750. 

(d) Each silver gray squirrel, $10. 

(e) Each game bird other than wild turkey, $10. 

if) Each wild turkey, $50. ' 

(g) Each game fish other than salmon or 

steelhead trout, $5. 

(h) Each salmon or steelhead trout, $125. 

(i) Each fur-bearing mammal other than 

bobcat or fisher, $50. 

(j) Each bobcat or fisher, $350. 

(k) Each specimen of any wildlife species 

whose survival is specified by the wildlife 

laws or the laws of the United States as 

threatened or endangered, $500. 

(L) Each specimen of any wildlife species 

otherwise protected by the wildlife laws or 

the laws of the United States,.but not otherwise referred to in this subsection, $25. 

(3) The civil perialty imposed under this 

section shall be in addition to other penalties 

prescribed by law. [Formerly 466.890] 

Note: The amendments to 466.992 by section 5, 

chapter 267, Oregon Laws 2009, become operative' Janu-

£iry 1, 2011, and apply to violations occurring on or after January 1, 2011. See sections 17 and 19, diapter 267, 

Oregon Laws 2009. The text'that is- operative on and 

after January 1, 2011, is set forth for the user's convenience. 

466.992. (1) Any person who has care, custody or 

control of a hazardous waste or a substance that would 

be a hazardous waste except for the fact that it is not 

discarded, useless or unwanted shall incur a civil penalty according to the schedule set forth in ORS 496.705 

for the destruction, due to contamination of food or 

water supply by such waste or substance, of any of the 

wildlife referred to in ORS 496.705 that are the property 

of the state. 

(2) The civil penalty imposed under this section 

shall be in addition to other penalties prescribed by 

law. 

466.994 Civil penalties for violations 

of underground storage tank regulations. 

(1) Any person who violates any provision of 

ORS 466:706 to 466.882 and this section, a 

mle adopted under ORS 466.706 to 466.882 

and this section or the terms br conditions 

of any order or permit issued by the Department of Environmental Quality under ORS 

Title 36 Page 850 (2009 Edition) 
i 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II 466.995 

466.706 to 466.882 and this section shall be 

subject to a civil penalty not to exceed 

$10,000 per violation per day of violation. 

(2) Each violation may be a separate and 

distinct bffense and in the case of a continuing violation, each day's continuance thereof 

may be deemed a separate and distinct offense. 

(3) The civil penalties authorized under 

this section shall be imposed in the memner 

provided by ORS 468.135 except that a penalty collected under subsection (1) of this 

section shall be deposited to the fund established in ORS 466.791. [Formerly 466.895; 2001 

c.754 §7] 

Note: The amendments to 466.994 by section 6, 

chapter 267, Oregon Laws 2009, become operative JanuEiry 1, 2011, and apply to violations occurring on or after January 1, 2011. See sections 17 and 19, chapter 267, 

Oregon Laws 2009. The text that is operative on and 

after January 1, 2011, is set forth for the user's convenience. 

466.994. (1) Any person who violates any provision 

of ORS 466.706 to 466.882 and this section, a rule 

adopted under ORS 466.706 to 466.882 and this section 

or the terms or conditions of any order or permit issued 

by the Department of Environmental Quality under ORS 

466.706 to 466.882 and this section shall be subject to a 

civil penalty not to exceed $25,000 per violation per day 

of violation. 

(2) Each violation may be a separate and distinct 

offense and in the case of a continuing violation, each 

day's_ continuance thereof may be deemed a separate 

and distinct offense. 

(3) The civil penalties authorized under this section 

shall be imposed in the manner provided by ORS 468.135 

except that a penalty collected under subsection (1) of 

this section shall be deposited to the fund established 

in ORS 466.791. 

CRIMINAL PENALTIES 

466.995 Criminal penalties. (1) Penalties 

provided in this section are in addition to 

and not in lieu of any other remedy specified 

m ORS 459.005 to 459.105, 459.205 to 459.385, 

466.005 to 466.385 or 466.992. 

(2) Subject to ORS 153.022, violation of a 

provision of ORS 466.605 to 466.680 or of any 

rule or order entered or adopted under ORS 

466.605 to 466.680 is punishable, upon conviction, by a fine pf not more than $10,000 

or by imprisonment in the county jail for not 

more than one year or both. Each day of violation shall be considered a separate offense. 

(3) Subject to ORS 153.022, any person 

who knowingly violates any provision of ORS 

466.706 to 466.882 and 466.994 or the rules 

adopted under ORS 466.706 to 466.882 and 

466.994 shall be subject to a criminal penalty 

not to exceed $10,000 or imprisonment for 

not more than one year or both. Each day of 

violation shall be deemed a separate offense. 

(4) Subject to ORS 153.022, any person 

who knowingly violates any provision of ORS 

465.200 to 465.545 or any rule or order 

adopted or issued under ORS 465.200 to 

465.545 shall, upon conviction, be subject to 

a criminal penalty not to exceed $10,000 or 

imprisonment for not more than one year, or 

both. Each day of violation shall be deemed 

a separat e offense. [Formerly 459.992; (3) enacted 

by 1985 c.733 §18; 1987 c.158 §93; subsection (4) enacted 

as 1987 c.539 §38; subsection (5) enacted as 1987 c.735 

§24; 1993 c.422 §18; 1999 c.1051 §304] 

Note: The amendments to 466.995 by section 7, 

chapter 267, Oregon Laws 2009, become operative January 1, 2011, and apply to violations occurring on or after January 1, 2011. See sections 17 and 19, chapter 267, 

Oregon Laws 2009. The text that is operative on and 

after January 1, 2011, is set forth for the user's convenience. 

466.995. (1) Penalties provided in this section are 

in addition to and not in lieu of any other remedy ^1 

specified in ORS 459.005 to 459.105, 459.205 to 459.385, .' 

466.005 to 466.385 or 466.992. 

(2) Subject to ORS 153.022, violation by any person 

of a provision of ORS 466.605 to 466.680 or of any rule 

or order entered or adopted under ORS 466.605 to 

466.680 is punishable, upon conviction, by a fine of not 

more than $25,000 or by imprisonment in the county jail 

for not more them one year or both. Each day of violation shall be considered a separate offense. 

(3) Subject to ORS 153.022, any person who knowmgly violates any provision of ORS 466.706 to 466.882 

and 466.994 or the rules adopted under ORS 466.706 to 

466.882 and 466.994 shall be subject to a criminal penalty not to exceed $25,000 or imprisonment for not more 

than one year or both. Each day of violation shall be 

deemed a separate offense. 

(4) Subject to ORS 153.022, any person who knowingly violates any provision of ORS 465.200 to 465.545 

or any rule or order adopted or issued under ORS 

465.200 to 465.545 shall, upon conviction, be subject to 

a criminal penalty not to exceed $25,000 or imprisonment for not more than one year, or both. Each day of 

violation shall be deemed a separate offense. 

(5) Notwithstanding ORS 161.655, if a person incurring a fine under this section is a corporation, the 

corporation shall pay the fine provided for under this 

section. 

Title 36 Page, 851 (2009 Edition)