-•» ( 

m Chapte r 468 

2009 EDITION 

Environmental Quality Generally 

GENERAL ADJVnNISTRATION 

46a005 Definitions 

468.010 En-vironmental Quality Commission; appointment; confirmation; term; compensation and expenses 

468.015 Functions of coinmission 

468.020 Rules and standards 

46S.030 Department of Environmental Quality 

468.035 Functions of department 

468.040 Director; salary 

468.045 Functions of director; delegation 

468X)50 Deputy director 

468.055 Contracts with Oregon Health Authority 

468.060 Enforcement of rules by health agencies 

468.062 Authority . of Department of Environinental Quality to require fingerprints 

468.065 Issiiance of permits; content; fees; use 

468.067 Organizational standing to seek judicial 

review of final order in Title V permit 

proceeding 

468.070 Denial, modification, suspension or revocation of permits 

468.073 E}xpedited or enhanced regulatory process; 

payment; disposition of payments 

468.075 Revolving fund; uses 

UNIFORM TRANSBOUNDARY 

POLLUTION RECIPROCAL ACCESS ACT 

46^076 Definitions for ORS 468.07i5 to 468.089 

468.078 . Action for pollution originating in Oregon 

468.079 Action for pollution originating in 

reciprocating jurisdiction 

4SSJ080 Applicability of Oregon law 

468.081 Rights of injured person 

468.083 Right conferred under ORS 468.076 to 

468.087 in addition to other rights 

468X)85 Sovereign immunity defense 

468.087 Application and cohstructibn of ORS 

468.076 to 468.087 

468.089 Short title 

ENFORCEMENT 

468.090 Complaint procedure 

468X195 Investigatory authority; entry on premises; status of records 

468.100 Enforcement procedures; powers of regional authorities; status of procedures 

468.110 Appeal; power of court to stay enforcement 

468.115 Enforcement in cases of emeirgency 

46&120 Public hearings; subpoenas, baths, depositions 

468.126 Advance notice 

468.130 Schedide of civil penalties; rules; factors 

to be considered in imposing civil penalties 

468.135 Imposition of civil penalties 

468.140 Civil penalties for specified violations 

POLLUTION CONTROL FACILITIES 

TAX CREDIT 

468.150 Field sanitation and straw utilization and 

disposal methods as "pollution control facilities" 

468.153 Legislative findings and declarations 

468.155 Definitions for ORS 468.155 to 468.190 

46ai60 Policy ,,^ 

468.163 Commencement of construction 6r installation of facility 

468.165 Application for certification of pollution 

control facilities; rules;.fees 

468.167 Application for precertification 

468.170 Action on application; rejection; appeal; 

issuance of certificate; certification 

468.172 . "Environmental management system" idefined 

468.173 Applicable percentage of certified cost of, / 

facility eligible for tax credit f 

468.180 Conditions for issuance of certificate under ORS 468.170 

468.183 Revocation of certification for loss of 

Green Permit 

468:185 Procedure to revoke certification; rein-

• statement •>..-. 

468.190 Allocation of costs to pollution control; 

••,-•• rules 

STATE POLLUTION CONTROL BONDS 

468.195 Issuance of bonds authorized; principal 

amount 

468.215 Pollution Control Fund 

468^220 Department to a.dminister fund; uses; legislative, approval of grants; administrative 

assessment 

468.225 Investment of gross proceeds of agency 

bonds or other obligations 

468.230 Pollution Control Sinking Fund; use; limitation 

468.240 Remedy where default occurs on payment 

tb state'' 

468245 Acceptance of federal funds 

468250 Participation in matching fund programs 

with federal government 

468253 Authority of director to act to benefit 

•' fun d •" ' • 

468255 Limit on grants and Ibans 

468260 Retum of unexpended funds to state required; use of retumed funds • 

COUNTY POLLUTION CONTROL 

FACILITIES 

468263 Definitions for ORS 468.263 to 468^72 

468264 PoUcy 

468265 Powers of county over pollution controK 

facilities; limitations t \ 

Titie 36 Page 859 (2009 Edition) 
PUBLIC HEALTH AND SAFETY 

468266 

468267 

468268 

468269 

468.270 

468271 

468272 

46a423 

46a425 

46a437 

468.428 

468429 

4i68.431 

468.433 

46a437 

46a439 

46a440 

Issuance of bonds 

Security for bonds 

Enforcement of bond obligation 

Trustees; powers 

Tax status of leasehold interest in • facilities 

Effect on procedure of awarding contracts; construction 

AppUcatibn of other laws relating to 

bonds 

FINANCING TREATMENT WORKS 

Definitions for ORS 468.423 to 468.440 

Policy 

Water Pollution Control Revolving Fund; 

sources 

Lbttery bdiids 

Uses of revolving fund 

Waiter Pollution Corititjl Administration 

Fund; sources; uses ' 

Duties of department; public agency loan 

prograni 

Loah applicatibns; eligibility; repayment; 

defaidt remedy 

Borrowing authority of public agency 

• Loan terms and interest rates; considerations; rules 

RECLAIMED PLASTIC PRODUCT 

468521 

468.531 

468,533 

468581 

468583 

468585 

468587 

Note 

468.920 

468.922 

468.924 

468.926 

468.929 

468J93r 

468.933 

, ,, . TAX CREDIT 

46a451 Definitions for ORS 468.451 to 468.491 

468456 Policy 

468461 Application for certification of investment 

•; to collect, transport or process reclaimed 

plastic or mantifacture reclaimed plastic 

product; rules; fee , ,, 

468.466 Action on application; rejection; appeal; 

certification of investment 

468.471'- ' Preliininary certification' of investment 

46a476'* Final'certification 

468481 Revocation of certificate; consequences 

468486 Allocation of costs to collect, transport 

• ' br process reclaimed plastic or manufacture reclaimed plastic prodiict; rules 

468491 Limit on costs certified by cominission for 

••"•''• tax credit. ' 

GREENPERMITS 

468501 Definitions for ORS 468.501 to 468.521 

468503 Piirpose of Grieen Permits , 

468506 Commission rulemaking to carry,, out 

Green Permit program 

468508 Eligibility; for Grieen Permit 

468511 .. Environmental laws not applicable to facility operating vihder Green Permit 

468513 Judicial review of agency decision: on issuance of Green Permit 

468516 Termination of Green, Permit 

468518 Application for permit or approval affected by termination of Green Permit 

468.936 

468.939 

468.941 

468.943 

468^46 

468.949 

468.951 

468.9^ 

468.956 

468.961 

468.962 

468.963 

468.996 

468597 

Recovery of costs of agency in developing, 

negotiating and publicizing Green Permit; 

disposition of moneys collected 

WILLAMETTE RIVER CLEANUP 

AUTHORITY 

Legislative findings 

Willamette River Cleanup Authority; purposes; membership; powers 

ECOSYSTEM SERVICES 

Definitions for ORS 468.581 to 468.587 

Policy ' 

Legislative findings 

State agencies and ecosystem services 

Ecosystem services markets working 

group-2009 C.808 §§5,6 

ENVIRONMENTAL CRIMES 

Definitions for ORS 468.922 to 468.956 

Unlawful disposal, storage or treatment 

of hazardous waste in the second degree 

Applicability of ORS 161.655 

Unlawful , disposal, storage or treatment 

of hazardous waste in the first degree 

Unlawful transport of hazardous waste in 

the second degree 

Unlawful trsmsport of hazardous waste in 

the first degree 

Determination of number of pimishable 

offenses imder ORS 468.922, 468.926, 468.929 

and 468.931 

Unlawful air poUiition in the second degree 

Unlawful air pollution in the first degree 

Determination of niunber of pimishable 

offenses imder ORS 468.936 and 468.939 

Unlawful water pollution, in the second 

degree 

Unlawful water pollution in' the first' de-

••gre e 

Determination' of number of punishable 

offenses under ORS 468.943 and.468.946 

Environmental endangerment 

Supplying false information to agency 

Refusal to produce material subpoenaed 

by commission 

Upset or bypass, as afBrmative defense 

Approval of Attomey General or district 

attomey before bring^ing felony charge; 

guidelines for bringing felony charge; 

model guidelines 

Notice to Department of Revenue of environmental felony 

Eiivironmehtal audit privilege; exceptions; 

burden of proving privilege; waiver; disclosure after in camera review 

CIVIL PENALTIES 

Civil penalty for intentional or reckless 

violation; rules 

Joinder of certain offenses 

Titie 36 Page 860 (2009 Edition) 
u 

ENVIRONMENTAL QUALITY GENERALLY 468.035 

GENERAL ADMINISTRATION 

468.005 Definitions. As used in ORS 

448.305, 454.010 to 454.040, 454.205 to 454.255, 

454.505 to 454.535, 454.605 to 454.755 and 

ORS chapters 468, 468A and 468B, unless the 

context requires otherwise: 

(1) "Cominission" 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) "Order" has the same meaning as 

given in ORS 183.310. 

(5) "Person" includes individuals, corporations, associations, firms, partnerships, 

joint stock companies, public and municipal 

corporations, political subdivisions, the state 

and any agencies thereof, and the federal 

government and any agencies thereof. . 

(6) "Rule" has the same meaning as given 

in ORS 183.310. 

(7) "Standard" or "standards" means such 

measure of quality or purity for air or for 

any waters in relation to their reasonable or 

necessary use as may be established by the 

commission pursuant to ORS 448.305, 454.010 

to 454.040, 454.205 to 454.255, 454.505 to 

454.535, 454.605 to 454.755 and ORS chapters 

468,. 468A an d 468B. [Formerly UQ.doi] 

468.010 Environmental Quality Commission; appointment; confirmation; 

term; compensation and expenses. (1) 

There is created an Environmental Quality 

Commission. The commission shall consist bf 

five members, appointed by the Governor, 

subject to confirmation by the Senate as 

provided hi ORS 171.562 and 171.565. 

(2) The term of office of a member shall 

be four years, but the menibers of the conimission may be removed by the Governor. 

Before the expiration of the term of a member, the Govemor shall appoint a successor 

to assuine the duties bf the member on July 

1 next following. A member shall be eligible 

for reappointment, but no member shall serve 

more than two consecutive terms. In case of 

a vacancy for any cause, the Governor shall 

make an appointment to become immediately 

effective for the unexpired term. 

(3) A member of the commission is entitled to compensation and expenses as provided hi ORS 292.495. [Formerly 449.016] " 

468.015 Functions of commission. It is 

the function of the Environmental Quality 

Commission to establish the policies for the 

operation of the Department of Environmental Quality in a manner consistent with 

the policies and purposes of ORS 448.305, 

454.010 to 454.040, 454.205 to 454.255, 454.505 

to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. In addition, the 

commission shall perform any other duty 

vested in it by law. [1973 c.835 §4] 

468.020 Rules and standards. (1) In accordance with the applicable provisions of 

ORS chapter 183, the Environmental Quality 

Commission shall adopt such rules and standards as it considers necessary and proper in 

performing the functions vested by law in the 

commission. 

(2) Except as provided in ORS 183.335 (5), 

the commission shall cause a public hearing 

to be held on any proposed rule or standard 

prior to its adoption. The hearing may be 

before the commission, any designated meiriber thereof or any person designated by and 

actin g for th e commission. [Formerly 449.173; 

1977 C.38 §1] 

468.030 Department of Environmental 

Quality. There is hereby established in the 

executive-administrative branch of the government of the state under the Environmental Quality Commission a department tb 

be known as the Department of Environmental Quality. The department shall consist > 

of the Director of the Department of Envi-/ 

ronmental Quality and all personnel em-' 

ployed in the department. [Formerly 449.032] 

4^.035 Functions of department. (1) 

Subject to policy direction by the Environmental Quality Commission, the Department 

of Environmental Quality: 

(a) Shall encourage voluntary cooperation by the people, municipalities, counties, 

industries, agriculture, and other pursuits, in 

restoring and preserving the quality and purity ofthe air and the waters ofthe state in 

accordance with rules and standards established by the commission. 

(b) May conduct and prepare, independently or in cooperation with others, studies, 

investigations, research and programs pertaining to the quality and purity of the air 

or the waters of the state and to the treatment and disposal of wastes. 

(c) Shall advise, consult, 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 control of air or 

water pollution or for the formation and 

submission to the legislature of interstate 

pollution control compacts or agreements. 

(d) May employ personnel, including specialists and consultants, purchase materials 

and supplies, and enter into contracts necessary to carry out the purposes set forth in 

ORS 448.305, 454.010 to 454.040, 454.205 to 

454.255, 454.505 to 454.535, 454.605 to 454.755 

and ORS chapters 468, 468A and 468B. 

Titie 36 Page 861 (2009 Edition) 
468.035 PUBLIC HEALTH AND SAFETY 

(e) Shall conduct and supervise programs 

of air and water pollution control education, 

including the preparation and distribution of 

information regarding air and water pollution sources and control. 

if) Shall provide advisory technical consultation and services to units of local government and to state agencies. 

(g) Shall develop and conduct demonstration programs in cooperation with units 

of local government. 

(h) Shall serve as the agency of the state 

for receipt of moneys .from the federal government or other public or private agencies 

for the purposes of air and water pollution 

control, studies or research and to expend 

moneys after appropriation thereof for the 

purposes given. 

(i) Shall make such determination of priority of air or water pollution control projects as may be necessary under terms of 

statutes enacted by the Congress of the 

United States. 

(j) Shall seek enforcement of the air and 

water pollution laws of the state. 

(k) Shall institute or cause to be instituted in a court of competent jurisdiction, 

proceedings to compel compliance ^ with any 

rule or stamdard adopted or any order or 

permit, or condition thereof, issued pursuant 

to ORS 448.305, 454.010 to 454.040, 454.2()5 to 

454.255, 454.505 to 454.535, 454.605 to 454.755 

and ORS chapters 468, 468Afand 468B. 

(L) Shall encourage the formulation and 

executibn of plans in conjunction with air 

and water pollution control agencies or with 

associations of counties, cities, indust;ries 

and other persons who severally or jointly 

are or may be the source of air or water 

pollution, for the prevention and abatement 

of pollution. 

(m) May determine, by means of field 

studies and sampling, the degree of air or 

water pollution in various regions of the 

state. 

(n) May, perform such other and further 

acts as may be necessary, proper or desirable 

to carry out effectively the duties, powers 

and, responsibilities of the department as set 

forth in ORS 448.305, 454.010 to 454.040, 

454.205 to 454.255, 454.505 to 454.535, 454.605 

to 454.755 and ORS chapters 468, 468A and 

468B. 

(o) Shall coordinate any activities of the 

department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.375 

with activities of other cooperating state and 

federal agencies participating in the project. 

(2) Nothing in this section shall affect 

the authority of the Oregon Health Authority to make and enforce rules: 

(a) Regarding the quality of water for 

human or animal consumption pursuant to 

ORS 448.115 to 448.325, 624.010 to 624.121 

and 624.310 to 624.430; and 

(b) Regarding the quality of water for 

public swimming places pursuant to ORS 

431.110. 

(3) Nothing in this section shall prevent 

the State Department of Agriculture or the 

State Forestry Department fi-om independently receiving moneys from a public or private agency for the purposes of preventing 

or controlling air or water pollution resulting from agricultural or silvicultural activities or soil erosion, or for research related 

to such purposes. 

(4)(a) In awarding a public contract under ORS 279.835 to 279.855 or ORS chapter 

279A, 279B or 279C for a rembval or remedial 

action pursuant to ORS 465.200 to 465.545, a 

corrective action or cleanup action pursuant 

to ORS 466.005 to 466.385, 466.605 to 466.680 

or 466.706 tb 466.882 or a removal pursuant 

to ORS 468B.005 to 468B.030, 468B.035, 

468B.048 to 468B.085, 468B.090, 468B.093, 

468B.095 and 468B.300 to 468B.500, the department, and the Oregon Department of 

Administrative Services, when administering 

the establishment of such a contract on behalf of the Department of Environmental 

Quality under ORS 279A.050 and 279A.140, 

shall subtract from the amount of any bid or 

proposal the hazardous waste management 

fees and solid waste fees that would be required by law to be paid to the department 

lor waste that would be disposed of at a solid 

waste dispbsal site or a hazardous waste or 

PCB disposal facility, based on the bid or 

proposal. The amount to be subtracted shall 

be' established on the basis of reasonable 

preprocurement estimates of the amount of 

waste that would be disposed of under the 

contract and that wbuld be subject tb those 

fees. ' r :. 

(b) The subtraction for fees under paragraph (a) of this subsection shall apply only 

to a contract reasonably anticipated to involve the disposal of no less than 50 tons of 

hazardous waste or no less than 500 tons of 

solid, waste. The Legislative Assembly finds 

that making accurate advance estimates of 

amourits of waste that would be disposed of 

in projects of this character is technically 

challenging and requires the application of 

professional discretion. Therefore, no award 

of a contract under this subsection shall be 

subject to challenge, under ORS 279B.410, 

279B.415 or 279C.460. or otherwise, on the 

ground of the inaccuracy or claimed inaccuracy of any such estimate. 

Title 36 Page 862 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468^ : 

. 

(c) The subtraction for fees under paragraph (a) of this subsection shall not apply 

to the establishment, by or on behalf of the 

department, of master contracts by which the 

department engages the services of a contractor over a period of time for the purpose 

of issuing work orders for the performance 

of environmental activities on a project or 

projects for which the amounts of waste to 

be disposed of were^ not reasonably identified 

at the inception of the master contracts. 

However, the department shall require any 

contractor under a master contract to apply 

the subtraction for fees under paragraph (a) 

of this subsection in the selection of any 

subcontractor to perform the removal of 

waste in amounts equaling or exceeding the 

amourits set forth in paragraph (b) of this 

subsection. Nothing in this subsection shall 

be construed to prohibit the department or 

the Oregon Department of Administrative 

Services from establishing contracts pursuant to this section through contracting procedures authorized by ORS 279.835 to 279.855 

and ORS chapters 279A, 279B and 279C that 

do not require the solicitation of bids or 

proposals. [Formerly 449.082; 1983 c.740 §181; 1987 

c.734 §11; 1995 c.536 §1; 1999 c.740 §6; 1999 c.849 §§102,103; 

2001 c.495 §§17,18; 2003 c.75 §§42,43; 2003 c.407 §§25,26; 

2003 c.794 §§288,289,290,291; 2009 c.595 §948] 

468.040 Director; salary. The Environmental Quality Commission shall appoint a 

director who shall hold office at the pleasure 

of the cbmmission. The salary of the Director 

of the Department of Environmental Quality 

shall be fixed by the commission unless otherwise provided by law. [Formerly 449.026] 

468.045 Functions of director; delegation. (1) Subject to policy direction by the 

Environmental Quality Commission, the Director of the Department of Environmental 

Quality shall: 

(a) Be administrative head of the Department of Environmental Quality; 

(b) Have power, within applicable budgetary limitatioris, and in accordance with 

ORS chapter 240, to hire, assign, reassign, 

and coordinate personnel of the department; 

(c) Administer and enforce the laws of 

the state concerning environmental quality; 

and' 

(d) Be authorized to psu-ticipate in any 

proceeding before any public officer, commission or body of the United States or any 

state for the purpose of representing the citizens of Oregon, concerning environmental 

quality. 

(2) In addition to duties otherwise required by law, the director shall prescribe 

regulations for the government of the department, the conduct of its employees, the 

assignment and performance of its business 

and the custody, use and preservation of it# 

records, papers and property in a manner! 

consistent with applicaible law. ^ 

(3) The director may delegate to any ofl 

the employees ofthe department the exercise \ 

or discharge in the director's name of Euiy'v, 

power, duty or function of whatever character, vested in or imposed by law upon the 

director. The official act of any such person 

so acting in the director's name and by the 

authority of the director shall be considered 

to be an official act of the director. [Formerly 

449.028] 

468.050 Deputy director. (1) With the 

approval of the commission, the director may 

appoint a deputy director in the unclassified 

service who shall serve at the pleasure of the 

director. The deputy director shall have full 

authority to act for the director, subject to 

directions of the directbr. The appointment 

of the deputy director shall be by written 

order, filed with the Secretary of State. 

(2) The deputy director shall receive such 

salary as may be provided by law or, if not 

so provided, as may be fixed by the director, 

and shall be reimbursed for all expenses ac-," 

tually and necessarily incurred by the deputy' 

director in the performance of the official 

duties of the deputy director. [1973 c.29l §2] 

Note: 468.050 was enacted iato law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 468 or any series therein by legislative 

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

468.055 Contracts with Oregon Health 

Authority. In addition to the authority 

granted imder ORS 190.003 to 190.130, when 

authorized by the Environmental Quality 

Commission and the Oregon Health Authority, the Director of the Department of Environmental Quality and the Director of the 

Oregon Health Authority may contract on 

behalf of their respective agencies for the 

purposes of carrying out the furiMbns of either agency, defining areas of respphsibility, 

furnishing services or employees by.one. to 

the other and generally providing cbbperative action in the interests of public health 

and the quality of the environment in Oregon. Each contracting agency is directed to 

maintain liaison with the other and to cooperate with the other in all matters of joint 

concern or interest. [Formerly 449.062; 2009 c.595 

§949] 

468.060 Enforceinent of riiles by 

health agencies. On its owri iriotion after 

public hearing, the Environmental Quality 

Commission may grant specific authorization 

to the Oregon Health Authority or to any 

county, district or city board of health to 

enforce any rule of the commission relating 

to air or water pollution or solid wastes. 

[Formerly 449:064; 2009 c.595 §950] 

Titie 36 Page 863 (2009 Edition) 
468.062 PUBLIC HEALTH AND SAFETY 

468.062 Authority of Department of 

Environmental Quality to require fingerprints. For the purpose of requesting a state 

or nationwide criminal records check under 

ORS 181.534, the Department of Environmental Quality may require the fingerprints 

of a person who: 

(1) Is employed or applying for employment by the department in the department's 

laboratory and is expected to be involved 

with the receipt, handling or analysis of 

samples that are associated with a credible 

terrorist threat and that might contain 

chemical agents; 

(2) Provides services or seeks to provide 

services to the department's laboratory as a 

contractor and is expected to be involved 

with the receipt, handling or analysis of 

samples that are associated with a credible 

terrorist threat and that might contain 

chemical agents; 

(3) Is employed or appljdng for employment by the department in a position involved with the issuance, review or 

administration of permits for the treatment, 

disposal or storage of chemical warfare 

agents; or 

(4) Provides services or seeks to provide 

services to the department as a contractor 

involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents. 

[2005 c.730 §64] 

Note: 468.062 was enacted into law by the Legislative Assembly but was hot added to or made a part of 

ORS chapter 468 or any series therein by legislative 

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

468.065 lissuance of permits; content; 

fees; use. Subject to any specific requirements imposed by ORS 448.305, 454.010 to 

454.040, 454.205 to 454.255, 454.505 to 454.535, 

454.605 to 454.755 and ORS chapters 468, 

468A and 468B: 

(1) Applications for all permits authorized or reqmred by ORS 448.305, 454.010 tb 

454.040, 454.205 to 454.255, 454.505 to 454.535, 

454.605 to 454.755 and ORS chapters 468, 

468A and 468B shall be made in a form prescribed by the Department of Environmental 

Quality. Any permit issued by the department shall specify its duration, and the conditions for compliance with the rules and 

standards, if any, adopted by the Environmental Quality Commission pursuant to ORS 

448.305, 454.010 to 454.040, 454.205 to 454.255, 

454.505 to 454.535, 454.605 to 454.755 and 

ORS chapters 468, 468A and 468B. 

(2) By rule and after hearing, the commission may establish a schedule of fees for 

permits issued pursuant to ORS 468A.040, 

468A.045, 468A.155 and 468B.050. Except as 

provided in ORS 468A.315 and 468B.051, the 

fees contained in the schedule shall be based 

upon the anticipated cost of filing and investigating the application, of carrying out applicable requirements of Title V, of issuing 

or denying the requested permit, and of an 

inspection program to determine compliance 

or noncompliance with the permit. The fee 

shall accompany the application for the permit. The fees for a permit issued under ORS 

468A.040 or 468B.050 may be imposed on an 

annual basis. 

(3) An applicant for certification of a 

project under ORS 468B.040 or 468B.045, and 

any person submitting a notice of intent tb 

seek reauthorization, a preliminary application or an application for reauthorization of 

a water right for a hydroelectric project under ORS 543A.030, 543A.035, 543A.075, 

543A.080 or 543A.095 shall pay as a fee all 

expenses incurred by the commission and 

department related tp the review and decision of the Director of the Department of 

Environmental Quality and commission. 

These expenses may include legal expenses, 

expenses incurred in evaluating the project, 

issuing or denying certificatiori and expenses 

of commissioning an independent study by a 

contractor of any aspect of the proposed 

project. These expenses shall not include the 

costs incurred in defending a decision of either the director or the commission against 

appeals or legal challenges. The department 

shall bill applicants for costs incurred on a 

monthly basis, and shall provide a biennial 

report describing how the moneys were 

spent. An applicant may arrange with the 

department to pay the fee on a quaiterly basis. The department shall not charge a fee 

under the fee authority in this subsection if 

the holder is being charged a fee under ORS 

543.088 and 543.090 or 543A.405. In no event 

shall the department assess fees under this 

section and under ORS 543A.405 for performance of the same work. 

(4) The department may require the submission of plans. Specifications and corrections and revisions thereto and such other 

reasonable information as it considers necessary to determine the eligibility of the applicant for the permit. 

(5) The department may require periodic 

reports from persons who hold permits under 

ORS 448.305, 454.010 to 454.040, 454.205 to 

454.225, 454.505 to 454.535, 454.605 to 454.755 

and ORS chapters 468, 468A and 468B. The 

report shall be in a form prescribed by the 

department and shall contain such information as to the amount and nature or common 

description of the pollutant, contaminant or 

waste and such other information as the department may require. 

(6) Any fee collected under a schedule of 

fees established pursuant to this section or 

Title 36 Page 864 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.073 

ORS 468A.315 shall be deposited in the State 

Treasury to the credit of an account of the 

department. The fees are continuously appropriated to meet the expenses of the program for which they are collected, except as 

follows: 

(a) The federal operating permit program 

shall include a commensurate amount of the 

fee for any permit specified in this section 

for which the department incurs costs associated with the requirements of Title V and 

any fees collected under ORS 468A.315. Fees 

collected for the federal operating permit 

program in any biennium that exceed the 

legislatively approved budget, including 

amounts authorized by the Emergency Board 

for the federal operating permit program for 

such biennium, shall be credited toward the 

federal operating permit program budget for 

the following biennium. 

(b) Fees collected for permits issued under ORS 468B.050 to authorize the discharge 

of wastes into the waters of the • state may 

be used to pay the expenses of any of the 

programs associated with the issuance of 

permits under ORS 468B.050 to authorize the 

discharge of wastes into the waters bf the 

state. 

(c) The fees collected under a schedule 

of fees established pursuant to this section 

or ORS 468A.315 by a regional air pollution 

control au1;hority pursuant to a permit program authorized by the commission shall be 

retained by and shall be income to the regional authority except as provided in ORS 

468A.155 (2)(c). Such fees shall be accounted 

for and expended in the same manner as are 

other funds of the regional authority. Hbwever, if the department finds after hearing 

that the permit program administered by the 

regional authority does not conform to the 

requirements of the permit program approved 

by the commission pursuant to ORS 

468A. 155, such fees shall be deposited and 

expended as are permit fees submitted to the 

department. 

(7) As used in this section, "Title V" has 

the meaning given in ORS 468A.300. [Formerly 

449.733; 1975 c.445 §7; 1983 c.l44 §2; 1983 c.740 §182; 1989 

c.199 §1; 1989 c.833 §77; 1991 c.723 §1; 1991 c.752 §15; 1993 

C.790 §2; 1997 c.449 §40b; 1999 c.873 §12; 2005 c.523 §3] 

468.067 Organizational standing to 

seek judicial review of final order in Title 

V permit proceeding. (1) Notwithstanding 

ORS 183.480 and ,183.484, an association, or 

organization has standing to seek judicial 

review of any final order, as defined in ORS 

183.310, of the Department of Environmental 

Quality or of the Environmental Quality 

Commission that relates to a proceeding described in subsection (2) of this section if: 

(a) One or more members of the association or organization is adversely affected or 

aggrieved by the order; 

(b) The interests that the association or 

organization seeks to protect are germane to 

the purpose of the association or organization; and 

(c) The nature of the claim and the relief 

requested do not require that the members 

of the association or organization who are 

adversely affected or aggrieved by the,order 

participate in the judicial review proceedings. 

(2) Subsection (1) of this section applies 

to a permit proceeding pursuant to Title V 

of the Clean Air Act, 42 U.S.C. 7661 to 

766 If, as implemented under ORS chapter 

468A. [1999.C.511 §2] 

468.068 [1997 c.569 §§3,4(2); renumbered 468B.047 in 

1999] 

468.070 Denial, modification, suspension or revocation of permits. (1) At any 

time, the Department of Environmental 

Quality may refuse to issue, modify, suspend, 

revoke or refuse to renew any permit issued 

pursuant to ORS 468.065 if it finds: ^ 

(a) A material misrepresentation or false/ 

statement in the application for the permit. 

(b) Failure to comply with the conditions 

of the permit. 

(c) Violation of any applicable provisions 

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

and 466.995 (2) or ORS chapters .468, 468A 

and 468B. 

(d) Violatibn ofany applicable rule, standard or order of the Environmental Quality 

Commission. 

(2) The department may modify any permit issued pursuant to ORS 468.065 if it finds 

that modification is necessary for the proper 

administration, implementation or enforcement of the provisions of ORS 448.305, 

454.010 to 454.040, 454.205 to 454.255, 454.505 

to 454.535, 454.605 to 454.755, 466.605 to 

466.680 and ORS chapters 468, 468A and 

468B. 

(3) The procedure for modification, suspension, revocation or refusal to issue or renew shall be the procedure for a contested 

case as provided in ORS chapter 183. [1973 

c.835 §14; 1979 c.184 §1; 1985 c.733 §22;. 1993 c:422 §32] 

.468.073 Expedited or enhanced regulatory process; payment; disposition of 

payments. (1) The Department of Environrriental Quality may enter into an agreement 

with any applicant, permittee or regulated 

entity setting a schedule of pajonerits to the 

department for the purpose of enabling the 

department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering cbsts- of 

Titie 36 Page 865 (2009 Edition) 
468.075 PUBLIC HEALTH AND SAFETY 

activities not otherwise provided during the 

ordinary course of department business. The 

department may expend moneys received under the agreements for: 

(a) Activities tmdertaken by the department under authority of any provision of 

ORS chapters 448, 453, 454, 459, 459A, 465, 

466, 467, 468, 468A and 468B and ORS 

475.405 to 475.495. 

(b) Administering and reviewing activities described under subsection (3) of this 

section that are performed by a third party. 

(2) Payments agreed to under subsection 

(1) of this section shall be for services voluntarily requested by the applicant, 

permittee or regulated entity. As pairt of the 

agreement, the department may waive iall or 

part of any fee otherwise imposed for those 

services. The department shall not alter or 

establish processing priorities or schedules 

based upon an expectation of entering into 

an agreement under subsection (1) of this 

section. 

(3) Not later than July 1, 1998, the department shall identify department activities 

or portions thereof suitable for contracting 

out to third parties. Failure of the department to identify a specific activity, shall not 

prevent the expenditure of funds for that activity or for department administration and 

review of that activity under sin agreement 

entered into pursuant to subsection (1) of 

this section. 

(4) Any moneys received by the department under an agreement described under 

subsection (1) of this section shall not exceed 

the cost to the department of providing the 

service to the applicant, permittee or regulated entity. 

(5) Any payments received under an 

agreement described under subsections (1) to 

(4) of this section shall be deposited in the 

State Treasury to the credit of 'an account 

of the Department of Environmental Quality 

and are continuously appropriated for the 

purposes specified in the individual agreements. [1997 c.569 §§2,4(1)] 

468.075 Revolving fund; uses. (1) On 

written request of the Director of the Department of Environmental Quality or the 

authorized representative of the director, the 

Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental 

Quality for operating expenses for use by the 

department as a revolving fund. The revolving fund shall not exceed the aggregate sum 

of $10,000 including unreimbursed advances. 

The revolving fund shall be deposited with 

the State Treasurer to be held in a special 

account against which the department may 

draw checks. 

(2) The revolving fund may be used by 

the department to pay for travel expenses, or 

advances therefor, for employees of the department and for any consultants or advisers 

for whom payment of travel expenses is authorized by law or for purchases required 

from time to time or for receipt or disbursement of federal funds available under federal 

law. 

(3) All claims for reimbursement of 

amounts paid from the revolving fund shall 

be approved by the department and by the 

Oregon Department of Administrative Services. When such claims have been approved, 

a warrant covering them shall be drawn in 

favor of the department and charged against 

the appropriate fund or account, and shall be 

used to reimburse the revolving fund. 

[Formerly 449.034; 1977 c.704 §7] 

UNIFORM TRANSBOUNDARY 

POLLUTION RECIPROCAL 

ACCESS ACT 

468.076 Definitions for ORS 468.076 to 

468.089. As used in ORS 468.076 to 468.089: 

(1) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government 

in its private or public capacity, governmental subdivision or agency, or any other 

legal entity. 

(2) "Reciprocating jurisdiction" means a 

state of the United States of America, the 

District of Columbia, the Commonwealth of 

Puerto Rico, a territory br possession of the 

United States of America or a province or 

territbry of Canada, that has enacted an Act 

to provide substantially equivalent access to 

its courts and administrative agencies as 

provided in ORS 468.076 to 468.087. [1991 c.826 

§2] 

Note: 468.076 to 468.089 were enacted mto law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter •468 or, any series therein by legislative action. See Preface to Oregon Rievised Statutes 

for further explanation. ' 

468.078 Action for pollution originating in Oregon. Any person in a 

reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury 

or threatened injury to property or person in 

the reciprocating jurisdiction caused by pollution originating, or that may originate, in 

Oregon. [1991 c.826 §3] 

Note: See note under 468.076. 

468.079 Action for pollution originating in reciprocating jurisdiction. A person 

who suffers, or is threatened with, injury to 

the person or property in a reciprocating jurisdictiori caused by pollution originating, or 

that may originate, in Oregon, has the same 

rights to relief with respect to the injury or 

threatened injury, and may enforce those 

Titie 36 Page 866 (2009 Edition) 
Si 

ENVIRONMENTAL QUALITY GENERALLY 468.095 

rights in Oregon as if the injury or threatened injury occurred in Oregon. [1991 c.826 §4] 

Note: See note under 468.076. 

468.080 Applicability of Oregon law. 

The law to be applied in an action or other 

proceeding brought under ORS 468.076 to 

468.087, including what constitutes "pollution," is the law of Oregon excluding (Oregon's choice of law rules. Nothing in ORS 

468.076 to 468.087 restricts the applicability 

of federal law in actions in which federal law 

is preemptive. Nothing in ORS 468.076 to 

468.087 determines whether state law or federal law applies in any particular legal action. [1991 c.826 §5] 

Note: See note under 468.076. 

468.081 Rights of injured person. ORS 

468.076 to 468.087 do not accord a person injured or threatened with injury iri another 

jurisdiction any rights superior to those that 

the person would have if injured or threatened with injury in Oregon. [1991 c.826 §6] 

Note:. See note under 468.076. 

468.083 Right conferred under ORS 

468.076 to 468.087 in addition to other 

rights. The right provided in ORS 468.076 to 

468.087 is in addition to, and not in 

derogation of, any other right. [1991 c.826 §7] 

, , Note: See. note under 468.076. 

468.085 Sovereign immunity defense. 

The defense of sovereign immunity is applicable in any action or other proceeding 

brought under ORS 468.076 to 468.087 only 

to the extent that it would apply to a person 

irijured or threatened with injury in Oregon. 

[1991 c.826 §8] 

Note: See note under 468.076. 

468.087 Application and construction 

of ORS 468.076 to 468.087. ORS 468.076 to 

468.087 shall be applied and construed to 

carry out the general purpose of ORS 468.076 

to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089 

among the jurisdictions enacting it. [1991 c.826 

§9] 

Note: See note under 468.076. 

468.089 Short title. ORS 468.076 to 

468.087 shall be known and may be cited as 

the "Uniform Transboundary Pollution Reciprocal Access Act." [1991 c.826 §1] 

Note: See note-under 468.076. ' 

ENFORCEMENT 

468.090 Complaint procedure. (1) In 

case any written substantiated complaint is 

filed with the Department of Environmental 

Quality which it has cause to believe, or in 

case the department itself has cause to believe, that any person is violating any rule 

or standard adopted by the Environmental 

Quality Commission or any permit issued by 

the department by causing or permitting water pollution or air pollution or air contamination, the department shall cause an 

investigation thereof to be made. If it finds 

after such investigation that such a violation 

of any rule or standard of the commission or 

of any permit issued by the department exists, it shall by conference, conciliation and 

persuasion endeavor to eliminate the source 

or cause of the pollution or contamination 

which resulted in such violation. 

(2) In case of failure to remedy thfe violation, the department shall commence enforcement proceedings pursuant tp the 

procedures set forth in ORS chapter 183 for 

a contested case and in ORS 468B.032. 

[Formerly 449.815; 1999 c.975 §3] 

468.095 Investigatory authority; entry 

on premises; status of records. (1) The 

Department of Environmental Quality shall 

have the power to enter upon and inspect, 

at any reasonable time, any public or private 

property, premises or place for the purpose 

of investigating either an actual or suspected 

source of water pollution or air pollution or 

air contamination or to ascertain compliance . 

or noncompliance with any. rule or standard j, / 

adopted or order or permit issued pursuant.' 

to ORS 448.305, 454.010 to 454.040, 454.205 to 

454.255, 454.505 to 454.535, 454.605 to 454.755 

and ORS chapters 468, 468A and 468B. The 

Environmental Quality Commission shall 

also have access to any pertinent records relating to such property, including but not 

limited to blueprints, operation and maintenance records and logs, operating rules and 

procedures. 

(2) Unless classified by the Director of 

the Department ofEnvironmental Quality as 

confidential, any records, reports or information obtamed under ORS 448.305, 454.010 to 

454;040, 454.205 to 454.255, 454.505 to 454.535, 

454.605 to 454.755 and ORS chapters 468, 

468A and 468B 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, 

other than emission data, if made public, 

would divulge a secret process, device or 

method of manufacturing or production entitled to protection as trade secrets of such 

person, the director shall classify such record, report or information, or particular 

part thereof, other than emission data, confidential and such confidential record,, report 

or information, or particular part thereof, 

other than emission data, shall not be made 

a part of any public record or used in any 

public hearing unless it is determined by a 

circuit court that evidence thereof is necessary to the determination of an issue or issues being decided at a public hearing. 

[Formerly 449.169; 1975 c.l73 §1] 

Titie 36 Page 867 (2009 Edition) 
468.100 PUBLIC HEALTH AND SAFETY 

468.100 Enforcement procedures; powers of regional authorities; status of procedures. (1) Whenever the Environmental 

Quality Commission has good cause to believe that any person is engaged or is about 

to engage in any acts or practices which 

constitute a violation of ORS 448.305, 454.010 

tO: 454.040, 454.205 to 454.255, 454.505 to 

454.535, .454.605 to 454.755 and ORS chapters 

468, 468A and 468B, or any rule, standard or 

order- adopted or entered pursuant thereto, 

or of any permit issued pursuant to ORS 

448.305, 454.010 to 454.040, 454.205 to 454.255, 

454.505 to 454.535, 454.605 to 454.755 and 

ORS chapters 468, 468A and 468B, the commission may institute actions or proceedings 

for legal or equitable remedies to enforce 

compliance thereto or to restrain further violations. 

(2) The proceedings authorized by subsection (1) of this section may be instituted 

without the necessity of prior agency notice, 

hearing and order, or during said agency 

hearing if it has been initially commenced by 

the commission. 

(3) A regional authority formed under 

ORS 468A.105 may exercise the same functions as are vested in the commission by this 

section insofar as such functions relate to air 

pollution control and are applicable to the 

conditions and situations of the territory 

within the regional authority. The regional 

authority shall carry out these functions in 

the manner provided for the commission to 

carry out the same functions. 

(4) The provisions of this section are in 

addition to and not in substitution of any 

other civil or criminal enforcement provisions available to the commissiori or a regional authority. The provisions of this 

section shall not prevent the maintenance of 

actions for legal or equitable remedies relating to private or public nuisances brought by 

any other person, or by the state on relation 

of any person Without prior order of the 

commission. [1973 c.826 §2; 1979 c.284 §153] ; 

468.105 [Repealed by 1974 c.36 §28] 

468.110 Appeal; power of court to stay 

enforcement. Any person adversely affected 

or aggrieved by any order of the Environmental Quality Commission may appeal from 

such order in accordance with the provisions 

of ORS chapter 183. However, notwithstanding ORS 183.482 (3), relating to a stay of enforcement of an agency order and the giving 

of bond or other undertaking related thereto, 

any reviewing court before it may stay an 

order of the commission shall give due consideration to the public interest in the continued enforcement of the commission's 

order, and may take testimony thereon. 

[Formerly 449.090; 2007 c.71 §148] 

468.115 Enforcement in cases of emergency. (1) Whenever it appears to the Department of Environmental Quality that 

water pollution or air pollution or air contamination is presenting an imminent and 

substantial endangerment to the health of 

persons, at the direction of the Governor the 

department shall, without the necessity of 

prior administrative procedures or hearing, 

enter an order against the person or persons 

responsible for the pollution or contamination requiring the person or persons to cease 

and desist from the action causing the pollution or contamination. Such order shall be 

effective for a period not to exceed 10 days 

and may be renewed thereafter by order of 

the Governor. 

(2) The state and local police shall cooperate in the enforcement of any order issued 

pursuant to subsection (1) of this section and 

shall require no further authority or warrant 

in executing and enforcing such an order. 

(3) If any person fails to comply with £m 

order issued pursuant to subsection (1) of 

this section, the circuit court in which the 

source of water pollution or air pollution or 

air contamination is located shall compel 

compliance with the order in the same manner as with an order of that court. [Formerly 

449.980] 

468.120 Public hearings; subpoenas, 

oaths, depositions. (1) The Environmental 

Quality Commission, its members or a person 

designated by arid acting for the commissiori 

may: . 

(a) Conduct public hearings. 

(b) Issue subpoenas for the attendance of 

witnesses and the production of books, records and documents relating to matters before the commission, 

(c) Admiriister oaths. 

(d) Take or cause to be taken depositions 

and receive such pertinent and relevant 

proof as may be considered necessary or 

proper to carry out duties ofthe commission 

and Department of Environmental Quality 

pursuant to ORS 448.305, 454.010 to 454.040, 

454.205 to 454.255, 454.505 to 454.535, 454.605 

to 454.755 and ORS chapters 468, 468A and 

468B. 

(2) Subpoenas authorized by this section 

may be served by any person authorized by 

the person issuing the subpoena. Witnesses 

who are subpoenaed shall receive the fees 

and mileage provided in ORS 44.415 (2). 

[Formerly 449.048; 1989 c.980 §14b]. 

46ai25 [Formerly 449.967; 1977 c.317 §2; 1983 c.703 

§17; 1985 c.735 §3; 1987 c.741 §19; repealed by 1991 c.650 

§8 (468.126 enacted m heu of 468.125)] 

Title 36 Page 868 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.130 

9 

i 

468.126 Advance notice. (1) No civil 

penalty prescribed under ORS 468.140 shall 

be imposed for a violation of an air, water 

or solid waste permit issued by the Department of Environmental Quality until the 

permittee has received five days' advance 

waming in writing from the department, 

specifying the violation and stating that a 

penalty will be imposed for the violation unless the permittee submits the following to 

the department in writing within five working days after receipt of the advance waming: 

(a) A response certifying that the permitted facility is complying with applicable 

law; 

(b) A proposal to bring the facility into 

compliance with applicable law that is acceptable to the department and that includes 

but is not limited to proposed compliance 

dates; or 

(c) For a water quality permit violation, 

a request in writing tb the department that 

the department follow the procedures prescribed under ORS 468B.032. Notwithstanding the requirement for a response to the 

department within five working days, the 

permittee may file a request under this paragraph within 20 days from the date of service of the notice. 

(2) No advance notice shall be required 

under subsection (1) of this section if: 

(a) The violation is intentional; 

(b) The water or air violation would not 

normally occur for five consecutive days; 

(c) The permittee has received prior advance waming of any violation of the permit 

within the 36 months immediately preceding 

the violation; 

(d) The permittee is subject to the federal 

bperating permit program under ORS 

468A.300 tb 468A.320 and violates any mle 

or standard adopted or permit or order issued 

luider ORS chapter 468A and applicable to 

the permittee; or 

(e) The requirement to provide such notice would disqualify a state program from 

federal approval or delegation. [1991 c.650 §9 

(enacted in heu of 468.125); 1993 c.790 §3; 1999 c.975 §4] 

468.130 Schedule of civil penalties; 

rules; factors to be considered in imposing civil penalties. (1) The Environmental 

Quality Commission shall adopt by rule a 

schedule or schedules establishing the 

amount of civil penalty that may be imposed 

for a particular violation; Except as provided 

in ORS 468.140 (3), no civil penalty shall exceed $10,000 per day. Where the classification involves air pollution, the commission 

shall consult with the regional air quality 

control authorities before adopting any classification or schedule. 

(2) In imposing a penalty pursuant to the 

schedule or schedules authorized by this section, the commission and regional air quality 

control authorities shall consider the following factors: 

(a) The past history of the person incurring a penalty in taking all feasible steps or 

procedures necessary or appropriate to correct any violation. 

(b) Any prior violations of statutes, rules, 

orders and permits pertaining to water or air 

pollution or air contamination or solid waste 

disposal. 

(c) The economic and financial conditions 

of the person incurring a penalty. 

(d) The gravity and magnitude of the violation. 

(e) Whether the violation was repeated 

or continuous. 

if) Whether the cause of the violation 

was an unavoidable accident, negligence or 

an intentional act. 

(g) The violator's cooperativeness and ef- .f 

forts to correct the violation. f 

(h) Any relevant, rule of the commission. 

(3) The penalty imposed under this section may be remitted or mitigated upori such 

terms and conditions as the cbmmission or 

regional authority considers proper and consistent with the public health and safety. 

(4) The commission may by rule delegate 

to the Department of Environmental Quality, 

upon such coriditioris as deemed necessary, 

all or part of the authority of the commission 

provided in subsection (3) of this sectibn to 

remit or mitigate civil penalties. [Formerly 

449.970; 11977 c.317 §3; 1987 c.266 §2; 1991 c.650 §4] 

Note: The amendments to 468.130 by section 8, 

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. 

468.130. (1) The Environmental Quality Commission 

shall adopt by rule a schedule or schedules establishiug 

the amount,of civil penalty that may be imposed for a 

particular violation. Except as provided in ORS 468.140 

(3), no civil penalty shall exceed $25,000 per day. Where 

the classification involves air pollution, the'coriimissidn 

shall consult with the regional air quality! control authorities before adopting any classification^Jbr: schedule. 

(2) In imposing, a penalty pursuant to the schedule 

or schedules authorized by this sectiori, thei cominission 

and regional air quality control authorities shall consider the following factors: ' •' 

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary 

or appropriate to correct any violation. 

(b) Any prior violations of statutes, rules, orders 

and permits enforceable by the commission or by regional air quality control authorities. ••. 

Title 36 Page 869 (2009 Edition) 
468.135 PUBLIC HEALTH AND SAFETY 

(c) The economic and financial conditions of the 

person incurring a penalty, 

(d) The gravity and magnitude of the violation. 

(e) Whether the violation was repeated or continuous. 

(f) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act. 

(g) The violator's cooperativeness and efforts to 

correct the violation. 

(h) Whether the violator gained an economic benefit as a result of the violation. 

(i) Any relevant rule of the commission. 

(3) The penalty imposed under this section may be 

remitted or mitigated upon such terms and conditions 

as the- commission or regional authority considers 

proper and consistent with the public health and safety. 

(4) The commission may by rule delegate to the 

Department of Environmental Quality, upon such conditions as deemed necessary, all or parti of the authority 

of the commission provided in subsection (3) of this 

section to remit or mitigate civil penalties. 

468.135 Imposition of civil penalties. 

(1) Any civil penalty under ORS 468.140 shall 

be imposed in the manner provided in ORS 

183.745. 

(2) All penalties recovered under ORS 

468.140 shall be paid into the State Treasury 

and credited to the General Fund, or in the 

event the penalty is recovered by a regional 

air quality control authority, it shall be paid 

into the county treasury of the county in 

which.th e violation occurred. [Formerly 449.973; 

1989 c.706 §17; 1991 c.650 §6; 1991 c.734 §37] 

468.140 Civil penalties for specified violations. (1) In addition to any other penalty 

provided by law, any person who violates any 

of the following shall incur a civil penalty 

for each day of violation in the amount prescribed by the schedule adopted under ORS 

,468.130: . ; 

(a) The terms or conditions of any permit 

required or' authorized by law and issued by 

the Department of Environmental Quality or 

a regional air quality control authority. 

. (b) Any provision of ORS 164.785, 448!305, 

454.010 to 454.040, 454.205 to 454.255, 454.505 

to 454.535, 454.605 to 454.755, ORS chapter 

467 and ORS chapters 468, 468A and 468B. 

(c) Any rule or standard or order of the 

Environmental Quality Commission adopted 

br issued pursuant to ORS 448.305, 454.010 tb 

454.040, 454.205 to 454.255, 454.505 to 454.535, 

454.605.to 454.755, ORS chapter 467 and ORS 

chapters 468, 468A and 468B. 

(d) Any term or condition of a variance 

granted by the commission or department 

pursuant to ORS 467.060. 

(e) Any rule or standard or order of a 

regional authority adopted or issued under 

authority of ORS 468A. 135. 

if) The financial assurance requirement 

under ORS 468B.390 and 468B.485 or any 

rule related to the financial assurance requirement under ORS 468B.390. 

(2) Each day of violation under subsec-

' tion (1) bf this section constitutes a separate 

offense. 

(3)(a) In addition to any other penalty 

provided by law, any person who intentionally or negligently causes or permits the 

discharge of oil into the waters of the state 

shall incur a civil penalty not to exceed the 

amount of $20,000 for each violation. 

(b) In addition to any other penalty provided by law, the following persons shall 

incur a civil penalty not to exceed the 

amount of $10,000 for each day of violation: 

(A) Any person who violates the terms 

or conditions of a permit authorizing waste 

discharge into the air or waters of the state. 

(B) Any person who violates any law, 

rule, order or standard in ORS 448.305, 

454.010 to 454.040, 454.205 to 454.255, 454.505 

to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B relatmg to air or 

water pollution. 

(C) Any person who violates the provisions of a rule adopted or an order issued 

under ORS 459A.590. 

(4) In addition to any other penalty provided by law, any person who violates the 

provisions of ORS 468B.130 shall incur a 

civil penalty not to exceed the amount of 

$500 for each day of violation. 

(5) Subsection (l)(c) and (e) of this sectibn dbes not apply to violatibns of motor 

vehicle emission standards which are not violations of standards for control of noise 

emissions. 

(6) Notwithstanding the limits of ORS 

468.130 (1) and in addition to any other penalty provided by: law, any person who intentionally br negligently causes or permits 

open field burning contrary to the provisions 

of ORS 468A.555 to 468A.620 and 468A.992, 

476.380 and 478:960 shall be assessed by the 

department a civil penalty of at least $20 but 

not more than $40 for each acre so burned. 

Any fines collected by the department pursiiant tb this subsection shalT be deposited 

with the State Treasurer to the credit of the 

General Fund arid shall be available for general governmental expense. As used in this 

subsection, "open field burning" does not include propane flaming of mint stubble. 

[Formerly 449.993; 1975, c.559 §14; 1977 c.511 §5; 1979 c.353 

§1; 1987 c.513 §1; 1989 c.268 §4; 1989 c. 1042 §7; 1991 c.764 

§6; 1997 c.473 §1;-2001 c.688 §7] ' . . 

Note: The amendments to 468.140 by section 9, 

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. 

Titie 36 Page 870 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.155 

I 

1 

468.140. (1) In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of 

violation in the amount prescribed by the schedule 

adopted under ORS 468.130: 

(a) The terms or conditions of any permit required 

or authorized by law and issued by the Department of 

Environmental Quality or a regional air quality control 

authority. 

(b) Any provision of ORS 164.785, 448.305, 454.010 

to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 

to 454.755 and 783.625 to 783.640 and ORS chapter 467 

and ORS chapters 468, 468A and 468B. 

(c) Any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant 

to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 

454.505 to 454.535,-454.605 to 454.755 and 783.625 to 

783.640 and ORS chapter 467 and ORS chapters 468, 

468A and 468B. 

(d) Any term or condition of a variance granted by 

the commission or department pursuant to ORS 467.06(). 

(e) Any rule or standard or order of a regional 

authority adopted or issued under authority of ORS 

468A.135. 

(f) The financial assurance requirement under ORS 

468B.390 and 468B.485 or any rule related to the fiiiaricial assurance requirement under ORS 468B.390. 

(2) Each day of violation under subsection (1) of 

this section constitutes a separate offense. 

(3)(a) In addition to any other penalty provided by 

law, any person who intentionally or negligently causes 

or permits the discharge of oil or hazardous material 

into the waters of the state or intentionally or negligently fails to clean up a spill or release of oil or hazardous material into the waters ofthe state as required 

by ORS 466.645 shall incur a civil penalty not to exceed 

the amount of $100,000 for each violation. 

(b) In addition to any other penalty 'provided by 

law, the following persons shall incur a civil penalty 

not to exceed the amoimt of $25,000 for each day of violation: 

(A) Any person who violates the terms or conditions of a periiiit authorizing waste discharge into the 

air or waters of the state. 

(B) Any person who violates any law, rule, order 

or standard m ORS 448.305, 454.010 to 454.040, 454.205 

to 454.255, 454.505 to 454.535, 454.605 to 454.755 and 

783.625 to 783.640 and ORS chapters 468, 468A and 468B 

relating to air or water pollution. 

(G) Any person who violates the provisions of a 

rule adopted or an order >issued under ORS 459A.590. 

(4) In addition' to any other penalty provided by 

law, any persori who violates the provisions of ORS 

468B.130 shall incur a civil penalty not to exceed the 

amount of $1,000 for each day of violation. 

(5) Subsection (l)(c) and (e) of this section does not 

apply to violatioris of motor vehicle emission standards 

which are not violations of standards for control of 

noise emissions; 

(6) Notwithstanding the hmits of ORS 468.130 (1) 

and in addition to any other penalty provided by law, 

any person who intentionally or negligently causes or 

permits open field burning contrary to the provisions 

of ORS 468A.555 to 468A.620 and 468A.992, 476.380 and 

478.960 shaU be assessed by the department a civil penalty of at least $20 but not more than $40 for each acre 

so burned. Any fines collected by the department pmsuant to this subsection shall be deposited with the 

State Treasurer to the credit of the (xeneral Fund and 

shall be available for general governmental expense. As 

iised in this subsection, "open field burning" does not 

include propane flaming of mint stubble. 

POLLUTION CONTROL FACILITIES 

TAX CREDIT 

468.150 Field sanitation and straw 

utilization and disposal methods as "pollution control facilities." After alternative 

methods for field sanitation and straw, utilization and disposal are approved by the Department of Environmental Quality, 

"pollution control facility," as defined in 

ORS 468.155, shall include such approved alternative methods and persons purchasing 

and utilizing such methods shall be eligible 

for the benefits allowed by ORS 468.155 to 

468.190. [1975 c.559 §15; 1999 c.59 §136] 

Note: 468.150 was enacted into law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 468 or any series therein by legislative 

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

468.153 Legislative findings and declarations. (1) The Legislative Assembly finds 

that the concept of environmental responsibility has matured beyond basic compliance 

with regulatory requirements to one in 

which citizens and businesses voluntarily 

implement innovative solutions to achieve . 

shared environmental goals. , / 

(2) The Legislative Assembly declares' 

that a pollution control tax credit that shifts 

the majority of the incentive away from 

compensation for basic regulatory compliance and toward encouraging voluntary investment is an effective way to achieve 

environmental goals. 

(3) The Legislative Assembly finds and 

declares that it is the policy of this state to 

promote sustainability and provide incentives 

for the voluntary prevention, elimination, reduction or control of air pollution, water 

pollution, solid waste and hazardous waste 

through the voluritary application of innovative solutions to achieve the environmental 

goals of this state. 

(4) The Legislative Assembly declares it 

to be the policy of this state to promote social, economic and erivironmental principles 

of sustainabihty by providing incentives to 

individuals and businesses that support social, economic and environmental 

sustainability goals. [2001 c.928 §9] 

Note: 468.153 was enacted irito law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 468 or any series therein by legislative 

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

468.155 Definitions for ORS 468.155 to 

468.190. (l)(a) As used in ORS 468:155 to 

468.190, unless the context requires otherwise, "pollution control facility" or 

"facility" means any land, structure, building, installation, excavation, machinery, 

equipment or device, or any addition to, reconstruction of or improvement of, land or 

Title 36 Page 871 (2009 Edition) 
468.160 PUBLIC HEALTH AND SAFETY 

an existing structure, building, installation, 

excavation, machinery, equipment or device 

reasonably used, erected, constructed or installed by any person if: 

(A) The principal purpose of such use, 

erection, construction or installation is to 

comply with a requirement imposed by the 

Department, of Environmental Quality, the 

federal Environmental Protection Agency or 

regional air pollution authority to prevent, 

coritrol or reduce air, water or noise pollution or solid or hazardous waste or to recycle or provide for the appropriate disposal 

of used oil; or 

(B) The sole purpose of such use, 

erection, construction or installation is to 

prevent, control or reduce a substantial 

quantity of air, water or noise pollution or 

solid or hazardous waste or to recycle or 

provide for the appropriate disposal of used 

oil. 

(b) Such prevention, control or reduction 

required by this subsection shall be accom-

.plished by: 

(A) The disposal or elimination of or redesign to eliminate industrial waste and the 

use of treatment works for industrial waste 

as defined m ORS 468B:ob5; 

(B) The disposal or .elimination of or redesign to eliminate air contaminants or air 

pollution or air contamination sources and 

the use of air cleaning devices as defined in 

ORS 468A.005; 

(C) The substantial reduction or elimination of or redesign to eliiriinate noise pollution pr noise emission sources as defined 

by rule of the Environmental Quality Commission; 

(D) The use of a material recovery process which obtains useful material fi:om material that would btherwise be sblid waste as 

defined in ORS 459.005, hazardous waste as 

defined in ORS 466.005, or used oil as defined 

in ORS 459A.555; or 

(E) The treatment, substantial reduction 

or elimination of or redesign to treat, substantially reduce or. eliminate hazardous 

waste as defined in ORS 466.005. 

(2)(a) As used m ORS 468.155 to 468:190, 

"pollution contrbl facility" or "facility" includes a nonpoint source pollution control 

facility. 

(b) As used in this subsection, "nonpoint 

source pollution control facility" means a facility that the Environmental Quality Commission has identified by rule as reducing or 

controlling significant amounts of nonpoint 

source pollution. 

(3) As used in ORS 468.155 to 468.190, 

"pollution control facility" or "facility" does 

not include: 

(a) Air conditioners; 

(b) Septic tanks or other facilities for 

human waste; 

(c) Property installed, constructed or 

used for moving sewage to the collecting facilities of a public or quasi-public sewerage 

system; 

(d) Any distinct portion of a pollution 

control facility that makes an insignificant 

contribution to the principal or sole purpose 

of the facility including the following specific 

items: 

(A) Office buildings and furnishings; 

(B) Parking lots and road improvements; 

(C) Landscaping; 

(D) External lighting; 

(E) Company or related signs; and 

(F) Automobiles; 

(e) Replacement or reconstruction of all 

or a part of any facility for which a pollution 

coritrol facility certificate has previously 

been issued under ORS 468.170, except: 

(A) If the cost to replace or reconstruct 

the facility is greater than the like-for-like 

replacement cost of the original facility due 

to a requirement impbsed by the department, 

the federal Environmental Protection Agency 

or a regional air pbllution authority, then 

the facility may be eligible for tax credit 

certification up to an amount equal to the 

difference between the cbst of the new facility and the like-for-like replacement cost of 

the original facility; or 

(B) If a facility is replaced pr reconstructed before the erid of its useful life then 

the facility may be eligible for the remainder 

of the tax credit certified to the original facility; 

if) Asbestos abatemerit; or 

(g) Property installed, constructed or 

used for cleanup of emergency spills or unauthorized releases, as defined by the commission. {Formerly 449.605; 1975. c.496 §1; 1977 c.795 

§1; 1979 C.802 §1; 1983 c.637 §1; 1987 c.596 §4; 1989 c.802 

§4; 1999 c.826 §1], 

468.160 Policy. In the interest of the 

public peace, health and safety, it is the policy of the State bf Oregon to assist' in the 

prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes arid used oil in this state by 

providing tax relief with respect to Oregon 

facilities constructed to accomplish such 

prevention, control and reduction. [Formerly 

449.615; 1975 c,496 §2; 1977 c,795 §2; 1979 c.802 §2] 

468.163 Commencement of construction or installation of facility. For purposes of ORS 468.155 to 468.190, the 

construction or installation of a facility is 

commenced when the person constructing or 

Title 36 Page 872 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.165 

installing the facility has obtained all necessary preliminary approvals and has begun 

continuous on-site modification, construction, 

installation or other activity, the completion 

of which will cause the person to be able to 

obtain certification under ORS 468.155 to 

468.190. Interruptions and delays resulting 

from natural disasters, strikes, litigation or 

other matters beyond the control of the 

owner shall be disregarded in determining 

whether the actions undertaken by the person are continuous. The burden of demonstrating that construction or installation of 

a facility is commenced shall be borne by the 

person filing an application for certification 

imder ORS 468.165. [2001 c.928 §8a] 

468.165 Application for certification of 

pollution control facilities; rules; fees. (1) 

Any person may apply to the Environmental 

Quality Commission for certification under 

ORS 468.170 of a pollution control facility or 

portion thereof erected, constructed or installed by the person in Oregon if: 

(a) The air or water pollution control facility was erected, constructed or installed 

on or after January 1, 1967. 

(b) The noise pollution control facility 

was erected, constructed or installed on or 

after January 1, 1977. 

(c) The sblid waste facility was under 

construction on or after January 1, 1973, the 

hazardous waste or used oil facility was under construction on or after October 3, 1979, 

arid if: 

(A) The facility's principal or sole purpose conforms to the requirements of ORS 

468.155 (1) and (2); 

(B) The facility will utilize material that 

would otherwise be solid waste as defined in 

ORS 459.005, hazardous waste as defined in 

ORS 466.005 or used oil as defined in ORS 

459A.555 by mechanical process or chemical 

process or through the production, processing including presegregatipn, or use bf, materials which have useful chemical or 

physical properties and which may be used 

for the same or other purposes, or materials 

which may be used in the same kind of application as its prior use without change in 

identity; 

(C) The end product of the utilization is 

an item of real economic value; 

(D) The end product of the utilization, 

other than a usable source bf power, is competitive with an end product produced in another state; and 

(E) The Oregon law regulating solid 

waste imposes standards at least substantially equivalent to the federal law. 

(d) The hazardous waste control facility 

was erected, constructed or installed on or 

after January 1, 1984, and if: 

(A) The facility's principal or sole purpose conforms to the requirements of ORS 

468.155 (1) and (2); and 

(B) The facility is designed to treat, substantially reduce or eliminate hazardous 

waste as defined in ORS 466.005. 

(2) The application shall be made in 

writing in a form prescribed by the Department of Erivironmental Quality and shall 

contain information on the actual cost of the 

facility, a description ofthe materials incorporated therein, all machinery and equipment made a part thereof, the existing or 

proposed operational procedure thereof, and 

a statement of the purpose of prevention, 

control or reduction of air, water or noise 

pollution or solid or hazardous waste or recycling or appropriate disposal of used oil 

served or to be served by the facility and the 

portion of the actual cost properly allocable 

to the prevention, control or reduction of air, 

water or noise pollution or solid or hazardous waste or to recycling or appropriately / 

disposing of used oil. .' 

(3) The Director of the Department of 

Environmental Quality may require any further information the director considers necessary before a certificate is issued. 

(4) The application shall be accompanied 

by a fee established under subsection (5) of 

this section. The fee may be refunded if the 

application for, certification is rejected. 

(5) By rule and after hearing the commission may adopt a schedule of reasonable 

fees which the department may require of 

applicants for certificates issued urider ORS 

468.167 and 468.170. Before the adoption or 

revision of any such fees the commission 

shall estimate the total cost of the program 

to the department. The fees shall be based 

on the anticipated cost of filing, investigating, grantirig and rejecting the applications 

and shall be designed not to exceed the total 

cost estimated by the comriiission. Any excess fees shall be held by the department and 

shall be used by the commission to reduce 

any future fee increases. The fee may vary 

according to the size and complexity of the 

facility. The fees may not be considered by 

the commission as part of the cost of the facility to be certified. 

(6) The application shall be submitted after construction of the facility is substantially completed and the facility is placed in 

service and within one year after construction ofthe facility is substantially completed. 

Failure to file , a timely application shall 

make the facility ineligible for tax credit 

certification. Ari application may not be 

Title 36 Page 873 (2009 Edition) 
468.167 PUBLIC HEALTH AND SAFETY 

considered filed until it is complete and 

ready for processing. The commission may 

grant an extension of time to file an application for circumstances beyond the control of 

the applicant that would make a timely filing 

unreasonable. However, the period for filing 

an application may not be extended to a date 

beyond December 31, 2008. [Formerly 449.625; 

1974 C.37 §2; 1975 c.496 §3; 1977 c.795 §3; 1979 c.802 §3; 

1981 C.359 §1; 1983 c.637 §2; 1989 c.802 §5; 1995 c.746 §2; 

1999 c.826 §2; 2001 c.928 §1] 

468.167 Application for precertification. (1) Any person proposing to apply for 

certification for tax relief under ORS 468.155 

to 468.190 may apply, before the completion 

of a, pollution control facility, for precertification of, the facility with the Environmental Quality Commission. 

(2)(a) The application shall be made in 

writing in a form prescribed by the Department of Environmental Quality. The application shall contain the following information: 

(A) A statement of the purpose of preventiori, control or reduction of air, water or 

noise pollution or solid or hazardous waste 

or recycling or appropriate disposal of used 

oil served or to be served by the facility. 

(B) A description of the materials for inbrporation into the facility or incorporated 

Irito the facility, machinery and equipment to 

be made or made a part of the facility and 

the proposed br existing operational procedure of the facility. 

(C) Any further information the Director 

of the Departmerit of Environmental Quality 

considers necessary before precertification is 

issued. 

(b) The application need not contain information on the actual cost of the facility 

or the portion of the actiial cost properly 

allocable to the prevention, control or reduction of air, water or noise pollution or 

solid or. hazardous waste br to recycling or 

appropriately disposing of used oil. 

,(c) The application shall be accompanied 

by a fee as provided under ORS 468.165 (5). 

llie fee may be refunded if the application 

fbr preliminary certification is rejected. 

(3) If the commission determines that the 

person and the pollution control facility will 

be eligible for tax relief under ORS 307.405 

or 315.304 if the facility is erected, constructed; reconstructed, added to, installed, 

improved or used in accordance with the application for precertification, the commission 

shall precertify the facility by approving the 

application. 

(4) If the facility is erected, constructed, 

^constructed, added to, installed, improved 

or used as proposed in the application for 

precertification, the commission's approval 

of the application shall be prima facie evidence that the facility is qualified for certification for tax relief under ORS 468.170. 

However, precertification shall not ensure 

that a facility erected, constructed, reconstructed, added to, installed, improved or 

used by the precertified person will receive 

certification under ORS 468.170 or tax relief 

under ORS 307.405 or 315.304: 

(5) If the commission fails or refuses to 

precertify a person, and facility, the persbn 

may appeal as provided in ORS 468.170 (3). 

[1995 c.746 §6] 

468.170 Action on application; rejection; appeal; issuance of certificate; 

certification. (1) The Environmental Quality 

Commission shall act on an application for 

certification before the 120th day after the 

filing ofthe application under ORS 468.165. 

The action of the commission shall include 

certification of the actual cost of the facility 

and the portion of the actual cost properly 

allocable to the prevention, control or reduction of air, water or noise pollution or 

solid or hazardous waste or to recycling or 

appropriately disposing of used oil. The actual cost or portion of the actual cost certified may not exceed the taxpayer's own cash 

investment in the facility or portion of the 

facility. Each certificate shall bear a separate serial number for each such facility. 

(2) If the commission rejects an application for certification, or certifies a lesser actual cost of the facility or a lesser portion 

bf the actual cost properly allocable to the 

prevention, control br reduction of air, water 

or noise pollution or solid or hazardous 

waste or to recycling or appropriately disposing of used oil than was claimed in the 

application for certification, the commission 

shall cause written notice of its action, and 

a concise statement of the findings and reasons therefor, to be sent by registered or 

certified mail to the applicant before the 

120th day after the filing bf the applica1;ion. 

(3) If the application is rejected for any 

reason, including the information furnished 

by the applicant as to the cost of the facility, 

or if the applicant is dissatisfied with the 

certificatiori of actual cost or portion of the 

actual cost properly allocable to prevention, 

control or reduction of air, water or noise 

pollution or solid or hazardous waste or to 

recycling or appropriately disposing of used 

oil, the applicant may appeal from the rejection as provided in ORS 468.110. The rejection or the certification is final and 

conclusive on all parties unless the applicant 

takes an appeal therefrom as provided in 

ORS 468.li0 before the 30th day^ after notice 

was mailed by the commission. 

(4)(a) The commission shall certify a pollution control, solid waste, hazardous waste 

or used oil facility or portion thereof, for 

Title 36 Page 874 (2009 Edition) 
•If 

ENVIRONMENTAL QUALITY GENERALLY 468.172 

which an application has been made under 

ORS 468.165, if the commission finds that the 

facility: 

(A) Was erected, constructed or installed 

in accordance with the requirements of ORS 

468.165 (1); 

(B) Is designed for, and is being operated 

or will operate in accordance with the requirements of ORS 468.155; and 

(C) Is necessary to satisfy the intents and 

purposes of ORS 454.010 to 454.040, 454.205 

to 454.255, 454.505 to 454.535, 454.605 to 

454.755, ORS chapters 459, 459A, 466 and 467 

and ORS chapters 468, 468A and 468B and 

rules thereunder. 

(b) Nb determination of the proportion of 

the actual cost of the facility to be certified 

shall be made until receipt of the application. 

; (c) If one or more facilities constitute an 

operational unit, the commission may certify 

such facilities under one certificate. 

(d) A certificate under this section is effective for purposes of tax relief in accordance with ORS 307.405 and 315.304 if, on or 

before December 31, 2007, erection, construction or installation of the facility is 

completed, the facility is placed in service 

and the application for certification is filed 

with the commission under ORS 468.165. 

(5) A person receiving a certificate under 

this section may take tax relief bnly under 

ORS 315.304, depending upon the tax status 

of the person's trade or business except that: 

(a) A corporatibn organized under ORS 

chapter 65 or any Subsequent transferee of 

the corporation shall take tax relief only under ORS 307.405; and, 

(b)(A) A corporation organized under 

ORS chapter 62 or smy predecessor to ORS 

chapter, 62 relating to the incorporation of 

cooperative associations or the subsequent 

transferee of the corporation may make an 

irrevocable election to take the tax relief 

under either ORS 315.304 or 307.405. The 

corporation shall make the electibn at the 

time of appljdng for the certificate, except 

that a corporation receiving a certificate 

prior to December 31, 1995, may make the 

election at any time on or before December 

31, 1995. If a corporation elects on or before 

December 31, 1995, to take the tax relief under ORS 315.304, any income taxes, penalties 

or interest otherwise payable by the corporation for improperly taking the tax relief 

under ORS 315.304 in a taxable year prior to 

making the election shall be waived. 

(B) In the case of a corppration making 

the election under subparagraph (A) of this 

paragraph, the election applies to: 

(i) All existing or future facilities that 

are certified under this section, if the corporation claimed a credit under ORS 315.304 

for a tax year beginning prior to December 

31, 1995; or 

(ii) All future facilities that are certified 

under this section, if the corporation did not 

claim a credit under ORS 315.304 for a tax 

year begirming prior to December 31, 1995. 

(6) If the person receiving the certificate 

is a partnership, each partner shall be entitled to take tax credit relief as provided in 

ORS 315.304, based on that partner's pro rata 

share, of the certified cost of the facility. 

(7) Certification under this section of a 

pollution control facility qualifying under 

ORS 468.165 (1) shall be granted for a period 

of 10 consecutive years which 10-year period 

shall begin with the tax year of the person 

in which the facility is certified under this 

section, except that if ad valorem tax; relief 

is utilized by a corporation organized under 

ORS chapter 62 or 65 the facility shall be 

exempt from ad valorem taxation for a period 

of 20 consecutive years. 

(8) Portions of a facility qualifying under 

ORS 468.165 (l)(c) may be certified separately 

under this section if ownership of the por-J 

tions is in more than one person. Certifica-? 

tion of such portions of a facility shall 

include certification of the actual cost of the 

portion of the facility to the person receiving 

the certification. The actual cost certified for 

all portions of a facility separately certified 

under this subsection may not exceed the 

total cost of the facility that would have 

been certified under one certificate. The provisions of ORS 315.304 (8) apply to any sale, 

exchange or other disposition of a certified 

portion of a facility. 

(9) A certificate issued urider this sbction 

shall state the applicable percentage of the 

certified cost of the facility, as determined 

under ORS 468.173. 

(10) If the construction or installation of 

a facility is commenced after December 31, 

2005, the facility may be certified only if the 

facility or applicant is described in ORS 

468.173 (3). A facility described in ORS 

468.173 (2) for which construction or installation is commenced after December 31, 2005, 

may not be certified under this section. 

[Formerly 449.635; 1974 c.37 §3; 1975 c.496 §4; 1977 c.795 

§4; 1979 C.531 §6; 1979 c.802 §4; 1981 c.408 §3; 1983 c.637 

§3; 1987 c.596 §5; 1989 c.802 §6; 1991 c.877 §37; 1995 c.746 

§3; 1999 c.826 §3; 2001 c.928 §2] 

468.172 "Environmental management 

system" defined. As used hi ORS 468.173, 

"environmental management system" means 

a continual cycle of planning, implementing, 

reviewing and improving the actions undertaken at the facility to meet environmental 

obligations and improve environmental performance that meet: 

Tftle 36 Page 875 (2009 Edition) 
468.173 PUBLIC HEALTH AND SAFETY 

(1) The standards estabhshed by the 

International Organization for Standardization imder ISO 14001; 

(2) The standards established in the 

Green Permit program established under 

ORS 468.501 to 468.521; or 

(3) Other standards that meet criteria 

established by the Environmental Quality 

Commission by rule. [2001 c.928 §6a] 

468.173 Applicable percentage of certified cost of facility eligible for tax credit. 

For purposes of ORS 315:304, the applicable 

percentage of the certified cost of a facility 

shall be one of the following: 

(1) If the facility is certified under ORS 

468.155 to 468.190 (1999 Edition) or if construction or installation of the facility is 

commenced prior tb Jariuary 1, 2001, and 

completed prior to January 1, 2004, 50 percent. 

(2) Except as provided in subsection (1) 

or (3) of this section, if the facility is certified pursuant to application for certification 

filed on or after January 1, 2002, and: 

(a) Construction or installation of the facility is commenced on or after January 1, 

2001, and on or before Deceriiber 31, 2003, 25 

percent; or 

(b) Construction or installation of the facility is commenced after December 31, 2003, 

arid on or before December 31, 2005, 15 percent. 

(3) If certified pursuant to application for 

certification filed on or after January 1, 2002, 

,35 percent if: 

^ (a) The applicant is certified under International Organization for Standardization 

standard ISO 14001; 

(b) A Green Permit that applies to the 

facility has been issued iinder ORS 468.501 

to 468.521; 

(c) The facility is a nonpoint source br is 

regulated as a confined animal feeding operation under ORS 468B.200;to 468B.230; 

(d) The facility is used for material recovery or recycling, as those terms are defined in ORS 459.005; 

(e) The facility is used in an agricultural 

or forest products operation and is used for 

energy recovery, as defiried in ORS 459.005; 

if) The certified cost of the facility does 

not exceed $200,000; 

(g) Construction or installation of the facility is entirely voluntary and no portion of 

it is required in order to comply with a federal law administered by the United States 

Environmental Protection Agency, a state 

law administered by the Department of Environmental Quality or a law administered 

by a regional air pollution authority; 

(h) The facility is, at the time of certification, located within an enterprise zone 

estabhshed under ORS 285C.050 to 285C.250 

or within an area that has been designated 

a distressed area, as defined in ORS 

285A.010, by the Oregon Business Development Department; or 

(i) The applicant demonstrates to the Department of Environmental Quality that the 

applicant uses an environmental management 

system at the facility. In order for the department to determine that the applicant 

uses an environmental management system 

at the facility: 

(A) The applicant must have the environmental management system used at the 

facility reviewed by an independent third 

party fariiiliar with environmental management systems and submit a report to the departmerit stating that the provisions of this 

paragraph have been met. The report shall 

be accompanied by supporting materials that 

document; compliance with the provisions of 

this paragraph. The report shall include certification from a registered or .certified environmental management auditor employed by, 

or under contract with, the independent 

third party that reviewed the environmental 

management system; or 

(B) The department shall contract with 

an independent third party familiar with environmental management systems to review 

the environmental management system employed at the facility. The third party shall 

review the environmental management system, and, if the third party determines that 

the environmental management system meets 

the provisibns of this paragraph, a registered 

or certified environmental management system auditor employed by, or contracted with, 

the third party shall certify that determination to the department. The department 

shall recover from the applicant the costs 

incurred by the department as prescribed in 

ORS 468.073. An apphcant shall be hable for 

the costs of the department under this subparagraph without regard to whether the department certifies the facility as a pollution 

control facility. The department may not 

certify a facility to which this subparagraph 

applies until the department has received full 

payment from the applicant. [2001 c.928 §6; 2001 

C.932 §13] 

46ai75 [1973 c.831 §2; 1975 c.496 §5; 1977 c.795 §5; 

1979 c.802 §5; repealed by 1989 c.802 §8] 

468.180 Conditions for issuance of certificate under ORS 468.170. (1) No certification shall be issued by the Environmental 

Quality Commission pursuant to ORS 468.170 

unless the facility, facilities or part thereof 

was erected, constructed or installed in accordance with the applicable provisions of 

ORS 454.010 to 454.040, 454.205 to 454.255, 

Titie 36 Page 876 (2009 Edition) 
r 

ENVIRONMENTAL QUALITY GENERALLY 468.190 

454.505 to 454.535, 454.605 to 454.755, ORS 

chapters 459, 459A, 465, 466 and 467 and ORS 

chapters 468, 468A and 468B and the apphcable rules or standards adopted pursuant 

thereto. 

(2) Nothing in this section is intended to 

apply to erection, construction or installation 

of pollution control facilities begun before 

October 5,^ 1973. [1973 c.831 §3; 1975 c.496 §6; 1977 

c.795 §6; 1979 c.802 §6; 1989 c.802 §7] 

468.183 Revocation of certification for 

loss of Green Permit. (1) If a person has 

obtained pollution control' facility certification in which the applicable percentage is 35 

percent because of issuance of a Green Permit described under ORS 468,173 (3)(b) that 

applies to the certified facility and the Green 

Permit is revoked, the applicable percentage 

for any remaining tax credit to be claimed 

under ORS 315.304 shall be the applicable 

percentage described under QRS 468.173 (2). 

If the construction or installation of the facility is commenced on or after January 1, 

2006, the pollution control facility certification shall be revoked. 

(2) The Department of Environmental 

Quality shall inform the Department of Revenue of the revocation. [2001 c.928 §7] 

468.185 Procedure to revoke certification; reinstatement. (1) Pursuant tb the 

procedures for a contested case under ORS 

chapter 183, the Environmental Quality 

Commission may order the revocation of the 

certification issued under ORS 468;170 of any 

pollution control or solid waste, hazardous 

wastes,or used oil facility, if it finds that: 

, (a) The certification was obtained by 

fraud or misrepresentation; or 

(b) The holder of the certificate has failed 

substantially to operate the facility for the 

purpose of, and to the extent necessary for, 

preventing, controlling or reducirig air, water 

or noise pollution or solid waste, hazardous 

wastes or used oil as specified in such certificate. 

(2) As soon as the order bf revocation 

under this section has become final, the 

commission shall notify the Department of 

Revenue arid the cbunty assessbr of the 

county in which the facility is located of 

such order. 

(3) If the certification of a pollutibn control or solid waste, hazardous wastes or used 

oil facility is ordered revoked pursuant to 

subsection (l)(a) of this section, all prior tax 

relief provided to the holder of such certificate by virtue of such certificate shall be 

forfeited and the Department of Revenue or 

the proper county officers shall proceed to 

collect those taxes not paid by the certificate 

holder as a result of the tax relief provided 

to the holder under any provision of ORS 

307.405 and 315.304. 

(4) Except as provided in subsection (5) 

of this section, if the certification of a pollution control or solid waste, hazardous 

wastes or used oil facility is ordered revoked 

pursuant to subsection (l)(b) bf this section, 

the certificate holder shall be denied any 

further relief provided under ORS 307.405 or 

315.304 in conriection with such facility, as 

the case may be, from and after the date that 

the order of revocation becomes final. 

(5) The commission may reinstate a tax 

credit certification revoked under subsection 

(l)(b) of this section if the commission finds 

the facility has been brought into compliance. If the commission reinstates certification urider this subsection, the commission 

shall notify the Department of Revenue or 

the county assessor of the county in which 

the facility is located that the tax credit 

certification is reinstated for the remaining 

period of the tax credit, less the period of 

revocation as determined by the commission. 

[Formerly 449.645; 1975 c.496 §7; 1977 c.795 §7; 1979 c.802 

§7; 1987 c.596 §6] 

46ai87 [1981 C.710 §2; repealed by 1984 c.l §18] 

468.190 Allocation of costs to pollution •' 

control; rules. (1) Subject to subsections (2), 

(3) and (4) of this section, in establishing the 

portion of costs properly allocable to the 

prevention, control or reduction of air, water 

or noise pollution or solid or hazardous 

waste or to recycling or appropriately disposing of used oil for facilities qualifying for 

certification vuider ORS 468.170, the Environmental Quality Commission shall consider 

the following factors: 

(a) If applicable, the extent to which the 

facility is used to recover and convert waste 

products into a salable or usable commodity. 

(b) The estimated armual percent return 

on the investment in the facihty. 

(c) If applicable, the alternative methods, 

equipment and costs for achieving the same 

pollution control objective. 

(d) Any related savings or increase in 

costs which occur or may occur as a result 

of the installation of the facility. 

(e) Any other factors which are relevant 

in establishing the portion of the actual cost 

of the facility properly allocable to the prevention, coritrol or reduction of air, water or 

noise pollution or solid or hazardous waste 

or to recycling or appropriately disposing of 

used oil. 

(2) The portion of; actual costs properly 

allocable shall be from zero tb 100 percent in 

increments of one percent. If zero percent, 

the commission shall issue an order denying 

certification. 

Titie 36 Page' 877 (2009 Edition) 
468.195 PUBLIC HEALTH AND SAFETY 

^iiii 

(3) If the cost of the facility (or facilities 

certified under one certificate) does not exceed $50,000, the portion of the actual costs 

properly allocable shall be in the proportion 

that the ratio of the time the facility is used 

for prevention, control or reduction of air, 

water or noise pollution or solid or hazardous waste or to recycling or appropriately 

disposing of used oil bears to the entire time 

the facility is used for any purpose. 

(4) In the case of a business described in 

ORS 315.304 (4)(a)(C)(i), the Environmental 

Quality Commission shall consider the factors listed in subsection (1) of this section as 

if the person operating the facility or conducting the trade or business that utilizes 

property requiring such a facility were the 

applicant for the credit, regardless of 

whether the person is the lessee or lessor of 

the facility. 

(5) The commission may adopt rules establishing methods to be used to determine 

the portion of costs properly allocable to the 

prevention, control or reduction of air, water 

or noise pollution or solid or hazardous 

waste or to recycling or appropriately disposing of used oil. [Formerly 449.655; 1974 c.37 §4; 

1977 c.795 §8; 1983 c.637 §4; 1995 c.746 §4; 1999 c.llOl §2] 

^TATE POLLUTION CONTROL BONDS 

468.195 Issuance of bonds authorized; 

principal amount. In order to provide funds 

for the purposes specified in Article XI-H of 

the Oregon Constitution, the Dep2utment of 

Environmental Quality may request the State 

Treasurer to issue borids in accordance with 

the provisions bf ORS chapter 286A. The 

principal amount of the bonds outstanding at 

£my one time, issued under authority of this 

section, shall not exceed $260 milhon par 

value . [Formerly 449.672; 1981 c.312 §1; 1981 c.660 §42; 

2007 c.783 §204] 

468.200 [Formerly 449.675; repealed by 1981 c.660 

§18] 

468.205 [Formerly 449.677; repealed by 1981 c.660 

§18] , 

468.210 [Formerly 449.680; 1975 c.462 §14; repealed 

by 1981. c.660 §18] 

468.215 Pollution Control Fund. The 

money realized from the sale of each issue 

of bonds tmder ORS 468.195 shall be credited 

to a special fund in the State Treasury, separate and distinct from the General Fund, to 

be designated the Pollution Control Fund. 

Moneys , in the Pollution Control Fund are 

continuously appropriated to the Department 

of Environmental Quality for the purpose of 

carrying out the provisions of ORS 468.195 

0 468.260. Moneys in the fund may not be 

sed for any other purpose, except that these 

oneys, with the approval of the State 

Treasurer, may be invested as provided by 

ORS 293.701 to 293.820, and the earnings 

from such investments shall be credited to 

the Pollution Control Sinking Fund maintained under ORS 468.230. . [Formerly 449.682; 

2005 c.755 §43] 

468.220 Department to administer 

fund; uses; legislative approval of grants; 

administrative assessment. (1) The Department of Environmental Quality shall be 

the agency for the State of Oregon for the 

administration of the Pollution Control Fund. 

The department is hereby authorized to use 

the Pollution Control Fund for one or more 

bf the following purposes: / 

(a) To grant funds not to exceed 30 percent of total project costs for eligible projects as defined in ORS 454.505 or sewerage 

systems as defined in ORS 468B.005. 

(b) To acquire, by purchase, or otherwise, 

general obligation bonds or other obligations 

of any municipal corporation, city, county, 

or agency of the State of Oregon, or combinations thereof, issued or made for the purpose of paragraph (a) bf this subsection in an 

amount not to exceed 100 percent ofthe total 

project costs for eligible projects. 

(c) To acquire, by purchase, or otherwise, 

other obligations of any city that are authorized by its charter in an amount not to 

exceed 100 percent of the total project costs 

for eligible projects. > 

(d) To grant funds not to exceed 30 percent of the total project costs for facilities 

for the disposal of solid waste, including 

without being limited to, transfer and resource recovery facilities. 

(e) To make loans or grants to any municipal corporation, city, county, or agency 

of the State of Oregon, or combinations 

thereof, for planning of eligible projects as 

defined in ORS 454.505, sewerage systems as 

defined by ORS 468B.005 or facilities for the 

disposal of solid waste, including without being limited to, transfer and resource recovery 

facilities. Grants made under this paragraph 

shall be considered a part of any grant authorized by paragraph (a) or (d) of this subsection if the project is approved. 

if) To acquire, by purchase, or otherwise, 

general obligation bonds or other obligations 

of any municipal corporation, city, county, 

or agency of the State of Oregon, or combinations thereof, issued or made for the purpbse bf paragraph (d) bf thi& subsection in an 

amount not to exceed 100 percent,of the total 

project costs. 

(g) To advance funds by contractj loan or 

otherwise, to any municipal corporation, city, 

county or agency ofthe State of Oregon, or 

combination thereof, for the purpose of paragraphs (a) and (d) of this subsection in an 

amount not to exceed 100 percent of the total 

project costs. 

Titie 36 Page 878 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.230 

(h) To pay compensation required by law 

to be paid by the state for the acquisition of 

real property for the disposal by storage of 

environmentally hazardous wastes. 

(i) To dispose of environmentally hazardous wastes by the Department of Envirbnmental Quality whenever the department 

finds that an emergency exists requiring 

such dispesal. 

(j) To acquire for the state real property 

and facilities for the disposal by landfill, 

storage or otherwise of solid waste, including 

but not limited to, transfer and resource recovery facilities. 

(k) To acquire for the state real property 

and facilities for the disposal by incineration 

or otherwise of hazardous waste or PCB. 

(L) To provide funding for the Assessment Deferral Loan Program Revolving Fund 

estabhshed ui ORS 454.436. 

(m) To provide funding for the Orphan 

Site Account established hi ORS 465.381 but 

only to the extent that the department reasonably estimates that debt service from 

bonds issued to finance such facilities or activities shall be fully paid from fees collected 

pursuant to ORS 453.402 (2)(c), under ORS 

459.236 and under ORS 465.101 to 465.131 for 

the purpbse bf providing funds for the Orphan Site Account and other available .funds, 

but not from repayments of financial assistance under ORS 465.265 to 465.310 or from 

mbneys recbvered from responsible parties. 

(n) To advance funds by contract, loan or 

otherwise, to any municipal corporation, city, 

county or agency of this state, or combination thereof, for facilities or activities related 

to removal or remedial action of hazardous 

substances. 

(o) Tb provide fimding for the Water 

Pollution Control Revolving Fund established 

imder ORS 468.427, either as a grant or an 

advance. If the funding provided is an advance, the department shall establish the 

program described in ORS 468.433 (2) to pay 

the bonds that funded the advarice. 

(p) To furid Ibans to or buy debt obligations of a public agency, as defined in ORS 

468.423, that finance the costs of treatment 

works, as defined in ORS 468.423, which are 

funded in part through the Water Pollution 

Control Revolving Fund. 

(q) To provide funding for remedial actions related to contaminated sediment found 

in the submerged and submersible lands, as 

those terms are defined in ORS 274.005, 

within the Willamette River between Swan 

Island and the confluence of the Willamette 

and Columbia Rivers and associated remedial 

actions. The funding provided under this 

paragraph may be used for remedial action 

costs, as defined.in ORS 465.200. 

(2) The facilities referred to in subsection 

(l)(a) to (c) of this section shall be only such 

as conservatively appear to the department 

to be not less than 70 percent self-supporting 

and self-liquidating from revenues, gifts, 

grants from the federal government, user 

charges, assessments and other fees. 

(3) The facilities referred to subsectibn 

(l)(d), if) and (g) of this section shall be only 

such as conservatively appear to the department to be not less than 70 percent selfsupporting and self-liquidating from 

revenues, gifts, grants from the federal government, user charges, assessments and 

other fees. 

(4) The real property and facilities that 

receive funding under subsection (l)(j), (k), 

(o) and (p) of this section shall be orily such 

as conservatively appear to the department 

to be not less than 70 percent self-supporting 

and self-liquidating from revenues, gifts, 

grants from the federal goveriiment, user 

charges, assessments and other fees. 

(5) The department may sell or pledge 

any bonds, notes or other obligations ac-^ 

quired under subsection, (l)(b) of this section./ 

(6) Before making a loan or grant tb or 

acquiring general obligation bonds or other 

obligations of a municipal corporation, city, 

county or agency for facilities for the dispbsal of solid waste or planning for such facilities, the department shall require the 

applicant tp demonstrate that it has adopted 

a solid waste management plsm that has been 

approved by the department. The plan must 

include a waste reduction program. 

(7) Any grant authorized by this section 

shall be made only with the prior review of 

the Joint Committee on Ways and Means 

during the legislative sessions or the Emergency Board during the interim period between sessions. 

(8) The department may assess those entities to whom gTEUits and loans are made 

under this section to recover expenses incurred in administering this section. [Formerly 

449.685; 1977 £95 §8; 1977 c.704 §9; 1979 c.773 §9; 1981 

c.312 §2; 1985 c.670 §42; 1987 c.695 §10;, 1989; c.833 

§§114,170; 1991 c.863 §37; 1993 c.18 §121; 1993 c.411 §§3,4; 

1995 c.79 §276; 2003 c.696 §2] 

468.225 Investment of gross proceeds 

of agency bonds or other obligations. All 

amounts that are treated as gross proceeds 

of agency bonds or other obligations, if invested, shall be invested in compliance with 

section 148 of the Intemal Revenue Code of 

1986, and the amendments, thereto in effect 

on Octobe r 23, 1999. [Formerly 449.687; 1999 c.59 

§137] 

468.230 Pollution Control Sinking 

Fund; use; limitation. (1) The Environmental Quality Commission shall maintain. 

Titie 36 Page 879 (2009 Edition) 
.468.240 PUBLIC HEALTH AND SAFETY 

bl 

with the State Treasurer, a Pollutiori Control 

Sinking Fund, separate and distinct from the 

General Fund. The Pollution Control Sinking 

Fund shall provide for the payment of the 

principal and interest upon bonds issued under authority of Article XI-H of the Constitution of Oregon and ORS 468.195 to 468.260 

and administrative expenses incurred in issiring the bonds. Moneys in the sinking fund 

are continuously appropriated to the commission Tor such purpose. With the approval 

of the commission, the moneys in the Pollution Control Sinking Fund may be invested 

as' provided by ORS 293.701 to 293.820, and 

earnings from such investment shallbe credited to the Pollution Control Sinking Fund. 

(2) The Pbllution Control Sinking Fund 

shall corisist of all moneys received from ad 

valbrem taxes levied pursuant to ORS 

291.445 and assessments collected under ORS 

468.220 (8), moneys transfetred from the Orphan Site Account imder ORS 465.381 (6), 

moneys transferred frorii the Water Pollution 

Control Revolving Fund under ORS 468.429 

(3), all moneys that the Legislative Assembly 

may provide in lieu of such taxes, all earnings on the Pollution Control Fund, Pollution 

Control Sinking Fund, and all other revenues 

erived from contracts, bonds, notes or other 

bligations, acquired, by the commission by 

purchase, loan or otherwise, as provided by 

Article XI-H of the Constitution of Oregon 

and by ORS 468.195 to 468,260. 

(3) The Pollution Coritrol Siriking Fund 

shall net be used for any purpose other than 

that for which the fund was created. Should 

a balance remain therein after the purposes 

for which the fund was created, have been 

fulfilled or after a reserve sufficient to meet 

all existing obhgations and liabilities of the 

fimd has been set aside, the surplus remaining may be transferred to the Pollution Control Fund at the direction of the commission. 

[Formerly 449.690; 1981 c.312 §3; 1989 c.833 §115; 1991 

c.220 §13; 1993 c.411 §5; 2005 c.755 §44] 

468.235 [Formerly 449.692; repealed by 1991 c.220 

§15] 

468.240; Remedy where default occiu^s 

on payment to state. If any municipal corporation, city or county defaults on payments 

due to the state imder ORS 468.195 to 

468.260, the state may withhold any airibunts 

otherwise due to the corporation, city or 

county to apply to the indebtedness. [Formerly 

449.694] 

468.245 Acceptance of federal funds. 

The Environmental Quality Commissiori may 

ccept assistance, grants and gifts, in the 

rm of money, land, services or any other 

ing of value from the United States or any 

of its agencies, or from other persons subject 

to the terms and conditions thereof, regardless of any laws of this state in conflict with 

^ ^ c 

regulations of the federal government or restrictions and conditions of such other persons with respect thereto, for any of the 

purposes contemplated by Article XI-H of the 

Constftution of Oregon and by ORS 468.195 

to 468.260. Unless enjoined by the terms and 

conditions of any such gift or grant,, the 

commission may convert the same or any of 

them into money through sale or other disposal thereof. [Formerly 449.695] 

468.250 Participation in matching fund 

programs with federal government. (1) 

The Environmental Quality' Commission may 

participate on behalf of the State of Oregon 

in any grant program^ funded in part by an 

agency of the federal goverriment if the implementation of the program requires matching furids bf the state or its participation in 

administering the program. However, any 

grant advanced by the commission . to an 

otherwise eligible applicant shall not exceed 

.30 percent of the total eligible costs of the 

project applied for, and further provided that 

the project shall not be less than 70 percent 

self-supporting and self-liquidating from those 

sources prescribed by Article XI-H of the 

Constitution of Oregon. 

(2) Subject. to conditions imposed bn 

federally granted funds, a municipal corporation, city, county or agency of the State.bf 

Oregon, or combination thereof, who is eligible fpr federal funds for a project during its 

construction or becomes eligible for reimbursement for funds expended, if the project has been constructed and placed into 

operation, shall apply for and pay to the 

commission such funds so received, or otherwise made available to it, in such amounts 

as determined by the commission as just and 

necess£uy, from an agency of the: federal 

government. These funds shall first be used 

to reimburse the State of Oregon for the 

portion of any. grant that was advanced to 

the municipal corporation, city, county or 

agency of the State of Oregon, or combination thereof, for construction of the project 

that exceeded the federal requirements for 

state matching funds and, any remainder 

thereof shall be used to apply upon the retirement of any principal and interest indebtedness due and owing to the State of 

OregPn arising out of funds loaned for the 

project prior to federal funds becoming 

available. 

(3) The refusal of a municipal corporation, city, county or agency of the State of 

Oregon, or combinations thereof, to apply for 

federal funds in such amounts as determined 

by the commission as just and necessary for 

which it would otherwise be eligible, shall 

be sufficient grounds to terminate any fiirther participation in construction of a facility by the commission. 

Titie 36 Page 880 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.265 

(4) The municipal corporation, city, 

county or agency of the State of Oregon, or 

combinations thereof, shall consent to and 

request that funds made available to it by an 

agency of the federal government shall be 

paid directly to the commission if required to 

do so under subsection (2) of this section. 

[Formerly 449.697] 

468.253 Authority of director to act to 

benefit fund. (1) Notwithstanding any other 

provision of law, if the Director of the Department of Environmental Quality finds that 

it wiU benefit the financial condition of the 

Pollution Control Sinking Fund, with the 

approval of the State Treasurer the director 

may: 

(a) Sell bonds, notes, cpntracts or other 

obligations acquired by the Environmental 

Quality Commission by purchase, loan or 

otherwise from the proceeds of bonds issued 

xmder ORS 468.195 to 468.260, and pay costs 

associated with the sale from the proceeds 

of the sale. 

(b) Pay to an obligor under such bonds, 

nbtes, contracts or other obligations such 

sums from the proceeds of a sale authorized 

by paragraph (a) of this subsection as the director determines, or hold or deposit such 

sums in trust for the benefit of such obligor 

under terms established by the director. 

" (2) Any proceeds of a sale authorized by 

subsection (1) of this section which remain 

after payments authorized by subsection (1) 

of this section shall be deposited in the Pollution Control Sinking Fund. 

(3) An obligor under any bonds, notes, 

contracts or other obligations which are 

proposed to be sold by the director pursuant 

to subsection (1) of this section may waive 

its right to redeem such obligations prior to 

maturity, or otherwise renegotiate the terms 

of such obligations, if the obligor determines 

that so altering the terms of its obligation, 

together with payments to be received by the 

obligor under subsection (l)(b) of this section, will benefit the obligor. [1989 C.731 §4] 

468.255 Limit on grants and loans. Any 

ftmds advanced by the Environmental Quality Commission by grarit shall not exceed 30 

percent of the total project costs for eligible 

projects or for facilities related to disposal 

of solid wastes, and any obligation acquired 

by the commissiori by purchase, contract, 

loan, or otherwise, shall not exceed 100 percent of the total project costs for eligible 

projects or for facilities related to disposal 

of solid wastes. Combinations of funds 

granted and loaned by whatever means shall 

not total more than 100 percent of the eligible project costs. [Formerly 449.699; 1981 c.312 §4] 

468.260 Retum of imexpended funds to 

state required; use of retumed funds. Any 

proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the 

Environmental Quality Commission, shalLbe 

returned to the commission on behalf of the 

State of Oregon to apply upon the retirement 

of principal and interest indebtedness on obligations acquired by if from a municipal 

corporation, city, county or agency of the 

State of Oregon, or any combinations 

thereb f [Formerly 449.701] 

COUNTY POLLUTION 

CONTROL FACILITIES 

468.263 Definitions for ORS 468.263 to 

468.272. As used in ORS 468.263 to 468.272, 

unless the context requires otherwise: 

(1) "Bonds" means revenue bonds or 

other types of obligations authorized by ORS 

468.263 to 468.272. 

(2) "Pollution control facilities" or "facilities" means any land, building or other 

improvement, appurtenance, fixture, item of 

machinery or equipmerit, and all other real . 

and personal property, whether or not in ex-,/ 

istence or under construction at the time the.' 

bonds are issued, which are to be used in 

furtherance of the purpose of abating, controlling or preventing, altering, disposing or 

storing of solid waste, thermal, noise, atmospheric or wat;er pollutants, contaminants, or 

products therefrom. 

(3) .^'Governing body" means the county 

court or board of county commissioners. [1974 

C.34 §2] , . ,,, 

Note: 468.263 to 468.272 were enacted mto law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. ' 

468.264 Policy. The Legislative Assenibly 

finds: 

(1) That control of environmental damage 

and general health and welfare of the citizens of the State of Oregon is promoted by 

encouraging the installation of antipollution 

devices, equipment and facilities. 

(2) That the methods of financing provided m ORS 468.263 to 468.272 will encourage such installation. [1974 c:34 §l] 

Note: See note under 468.263.' 

468.265 Powers of county over pollution control facilities; limitations. (1) In 

addition to any other powers which it may 

now have, each county shall have the following powers, together with all' powers incidental thereto or necessary >'for; the 

performance of the following: 

(a) To acquire, whether by purchase, exchange, devise, gift or otherwise, establish. 

Titie 36 Page 881 (2009 Edition) 
468.266 PUBLIC HEALTH AND SAFETY 'ssv 

construct, improve, maintain, equip £md furnish one or more pollution control facilities 

or any interest therein to be located, in 

whole or in part, within such municipality 

or in another municipality, if the other municipality gives written consent. 

(b) To enter into a lease, sublease, leasepurchase, installment sale, sale, or agreement for any facility upon such terms and 

conditions as the governing body may deem 

advisable, provided the same shall at least 

fully cover all debt service requirements with 

respect to the facility and shall not conflict 

with the provisions of ORS 468.263 to 

468.272. 

• (c) To sell, exchange, donate and convey 

to others any or all facilities upon such 

terms as the governing body may deem advisable, including the power to receive for 

any such sale the note or nbtes of the purchaser of the facilities or property whenever 

the governing body finds any such action to 

be in furtherance of the purposes of ORS 

468.263 to 468.272. 

(d) To issue revenue bonds for the. purpose of carrying out any of its powers under 

ORS 468.263 to 468.272. . 

(e) Whenever the governing body finds 

such loans to be in the furtherance of the 

purposes of ORS 468.263 to 468.272 and subject always tb the limitations contained in 

ORS 468.266, to make secured or unsecured 

loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of a facility and to 

charge and collect interest on such loans and 

pledge the proceeds thereof as security for 

the payment of the principal and interest bf 

any bbnds issued hereurider and any agreements made in connection therewithi A facility, in whole or in part, must be located in 

the municipality or in another municipality 

if the other municipality gives written consent. 

(f) To mortgage and pledge ariy or all facilities or any part or parts thereof, whether 

then owned or thereafter acquired, and to 

pledge the revenues, proceeds and receipts 

or any portion thereof from a facility as security for the payment of the principal; bf and 

interest on any bonds so issued. 

(g) To refund outstanding obligations incurred by an enterprise to finance the cost 

pf a facility when the goverriirig body finds 

that such refinancing is in the public interest. 

(h) To pay compensation for professional 

services and other services as the governing 

body shall deem necessary to carry out the 

purposes of ORS 468.263 to 468.272. 

(i) To acquire and hold obligations of any 

kind to carry out the purposes of ORS 

468.263 to 468.272. 

(j) To invest arid reinvest funds under its 

control as the governing body shall direct. 

(k) To enter into contracts and execute 

any agreements or instruments and to do any 

and all things necessary or appropriate to 

carry out the purposes of ORS 468.263 to 

468.272. 

(L) To acquire, own, sell, assign or otherwise hold legal or equitable title to or an 

interest in pollution control facilities or hold 

federal tax ownership of pollution control facilities. 

(2) The county shall not have the power 

to operate any facility as 'a business other 

than as owner pursuant to subsection (1)(L) 

of this section or as lessor or seller, nor shall 

it permit any funds derived from the sale of 

bonds to be used by any lessee or purchaser 

of a facility as working capital. 

(3) Counties may - jointly exercise any 

power or authority granted under ORS 

468.263 to 468.272, including, without lunitation, the power to borrow money or issue 

bonds or notes. 

(4) For the purpbse of exercising the 

power and authority granted under ORS 

468.263 to 468.272, a coimty is riot subject to 

the requfrements of ORS 279.835 to 279.855 

or ORS chapter 279A, 279B or 279C. - [1974 c.34 

§3; 2001 c.680 §7; 2003 c.794 §292] 

Note: See note under 468.263.: 

468.266 Issuance of bonds. (1) All principal of and interest: bn bonds issued pursuant to ORS 468.263 to 468.272 shall be 

payable solely put of the revenues, proceeds 

and receipts from the lease or sale^of the 

property, loan repa3rments, or outof the proceeds of revenue bonds issued pursuant to 

ORS 468.263 to 468;272.as shall be specified 

in the proceedings of the governing body by 

which the issuance of bonds shall have been 

authorized. The principal arid iriterest shall 

riot constitute nbr give rise to a pecuniary 

liability of the municipality or a charge 

against its general credit or taxing powers, 

and such limitatipn shall be plainly stated 

upon the face of each bond. 

(2) The bbnds: 

(a) May be executed arid delivered at any 

time and from time to time; 

(b) May be in such form, denomination, 

tenor and maturity;, 

(c) May be in registered or bearer form 

either as to principal or interest or both, and 

inay provide for conversion between registered and coupon bonds of varying denominations; 

Title 36 Page 882 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.268 

(d) May be payable in such installments 

and at such time or times not exceeding .40 

years from the date thereof; 

(e) May be payable at such place or 

places within or without this state; 

if) May bear interest at such rate or 

rates payable at such time or times and at 

such place or places; 

(g) May be redeemable prior to maturity 

with or without premium; 

(h) May be executed by such officers and 

in such manner; 

(i) May contain such provisions not inconsistent with ORS 468.263 to 468.272; 

as shall be specified in the proceedings of the 

governing body by which issuance of the 

bonds shall have been authorized. 

(3) Bonds may be sold at public or private 

sale in such manner and from time to time 

as may be determined by the governing body 

to be most advantageous. 

(4) Issuance by the county of one or more 

series of bonds for one or more purposes 

shall not preclude it from issuing other 

bonds in connection with the same purpose 

or any other purpose, but the proceedings 

whereunder any subsequent bonds may be 

issued shall recognize and protect any prior 

pledge or mortgage made for any prior issue 

of bonds. 

(5) Any bonds of the county at any time 

outstanding may be refunded if permitted by 

the conditions of issuance, at any time and 

from time to time by the issuance of its refunding bonds in such amount, as the governing body may deem necessary but riot 

exceeding an amount sufficient to refund,the 

principal of the bonds so to be refunded, together with any unpaid interest thereori and 

any premiums and commissions necessary to 

be pEud in connection therewith. Any such 

refunding may be effected whether the bonds 

to be refunded shall have then matured or 

shall thereafter mature, either by sale pf the 

refuriding bbnds and the application of the 

prbceeds thereof for the payment of the 

bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds 

to be refunded thereby with the consent of 

the holders of the bonds so to be refunded, 

and regardless of whether or not the bonds 

to be refunded were issued iri corinection 

with the same facilities or separate facilities, 

arid regardless of whether or not the bonds 

proposed to be refunded shall be payable at 

the same date or different dates or shall be 

due serially or otherwise. 

(6) All bonds issued under ORS 468.263 

to 468.272 and interest coupons attached 

thereto shall be construed to be negotiable 

instrmnents. [1974 c.34 §4] 

Note: See note under 468.263. 

468.267 Security for bonds; The principal of and interest on any bonds shall be secured by a pledge of the revenues, proceeds 

and receipts or any portion thereof out of 

which the principal and interest are made 

payable, and may be secured by a mortgage 

covering all or any part of the facilities from 

which the revenues, proceeds or receipts so 

pledged may be derived, including any en- V 

largements thereof and additions thereto, by 

a pledge or assignment of the lease to such 

facility or by such other security as may be 

deemed to be prescribed in the proceedings 

ofthe governing body and authorizing the 

issuance of bonds. The proceedings under 

which the bonds are authorized to be issued 

and any mortgage securing such bonds may 

contain any agreements and provisions respecting the maintenance ofthe facilities and 

properties covered thereby, the fixing and 

collection of rents for any portions thereof 

leased by the municipality to others, the fixing and collection of proceeds from the sale 

of any facilities and properties by the municipality to others, the creation and maintenance of special funds from such revenues* 

and the rights and remedies available in th^' 

event of default, and such other provisions 

not inconsistent with ORS 468.263 tb 468.272, 

all as the governing body shall deem advisable and not in conflict with the provisions 

of ORS 468.263 to 468.272. Each pledge, 

lease, sublease, agreement and mbrtgage 

made for the benefit or security ofany of the 

bonds shall continue effective until the principal of arid interest on the bonds for the 

benefit bf which the same were made have 

been fully paid. [1974 c.34 §5] 

Note: See note under 468.263. 

468.268 Enforcement of bond obligation. (1) The proceedings authorizing any 

bonds and any mortgage securing such bonds 

may provide that, in the event of a default in 

the payment of the principal of or the interest on such bonds er in the perfprmance ef 

any agreement cbritained in such proceedings 

or mortgage, such payment and performarice 

may be enforced by suit, mandamus or by the 

appointment of a receiver with power to 

charge and collect rents and to apply the revenues from the facilities in accordance with 

such proceedings or the provisions of such 

mortgage by foreclosure of any mortgage or 

by any one or more remedies specified in the 

proceedings. 

(2) Such proceedings or mortgage may 

also provide that any trustee under such 

mortgage or the holder of any of the bonds 

secured thereby may become the purchaser 

at any foreclosure sale if the highest bidder 

therefor.; [1974 c.34 §6] . 

Note: See note under 468.263. 

Titie 36 Page 883 (2009 Edition) 
Tf!/ 

468.269 PUBLIC HEALTH AND SAFETY 

468.269 Trustees; powers. The proceedings authorizing the issuance of bonds 

may provide for the appointment of one or 

more trustees for the protection of the holders of the bonds, whether or not a mortgage 

is entered into as security for such bonds. A 

bank with trust powers or a trust company 

within or without.the State of Oregon may 

be appointed as trustee and shall be located 

in the United States, and shall have the immunities, powers and duties provided in said 

proceedings, and may, to the extent permitted by such proceedings, hold and invest 

funds deposited with it in direct obligations 

of the United States, obligations guaranteed 

by the United States or certificates of deposit 

of a bank, including the trustee, which are 

continuously secured by such obligations of 

or guaranteed by the United States. Any 

bank acting as. such trustee may, to the extent permitted by such proceedings, buy 

bonds issued under ORS 468.263 to 468.272 to 

the same extent as if it were not such trustee. The proceedings authorizing, the bonds 

may provide that some or all of the proceeds 

of the sale of the bonds, the revenues of any 

facilities,, the proceeds ofthe sale of any part 

of a facility, or of any insurance policy or bf 

any condemnation award shall be deposited 

I ith the • trustee and applied as provided in 

'the proceedings. [1974 c.34 §7] 

Note : See note under 468.263. 

468.270 Tax status of leasehold interest in facilities. Nothing m ORS 468.263 to 

468.272 is intended to exempt from taxation 

or assessment the leasehold interest of ariy 

lessee in any facility nor are ORS 468.263 to 

468.272 intended to affect any exemption br 

credit from taxation which might otherwise 

be available to any lessee under the laws of 

the State of Oregon. Such leasehold interest 

is classified for purposes of taxatipn as having the same value as the fee interest iri that 

property. [1974 c.34 §8] 

. Note : See note under 468.263. 

468.271 Effect on procedure of awarding contracts; construction. (1) The constriiction, reconstruction or improvement of 

any facilities shall be completed in the manner determined by the governing body arid 

shall be free from any requirement of competitive bidding or any other restriction imposed on the procedure for award of 

contracts with public bodies. 

(2) Nothing in ORS 468.263 to 468.272 is 

intended as a restriction or limitation upon 

any other powers which a county might otherwise have under the laws of this state, but 

phall be construed as cumulative. 

(3) If any provision of ORS 468.263 to 

468.272 or the application thereof to any 

person or circumstance is held to be invalid. 

such invalidity shall riot affect other provisions of ORS 468.263 to 468.272 which can 

be given effect without the invalid provision 

or application, and to this end the provisions 

of ORS 468.263 to 468.272 are declared to be 

severable. [1974 c.34 §9] 

Note : See note under 468.263. 

468.272 Application of other laws relating to bonds. Any restrictions, limitations, conditions or procedures provided by 

other statutes relating to the issuance and 

sale of bonds or other obligations do not apply to the issuance and sale ef borids authorized by ORS 468.263 to 468.272. [1974 c.34 

§10; 2005 C.443 §26] 

Note : See note under 468.263. 

468.275 [Formerly 449.760; 1983 C.333 §1; renumbered 

468A.005 in 1991] 

468.280 [Formerly 449.765; renumbered 468A.010 in 

i;, 468.285 [Formerly 449.770; renumbered 468A.015 in 

1991] 

468.290 [Formerly 449;775; 1975 c.559 §3; 1983 c.333 

§2; 1983 c.730 §3; 1991 c.752 §16; renumbered 468A.020 in 

1991] -

'468.295 [Formerly 449.785; renumbered 468A.025 in 

1991] 

1991] 

468.300 [Formerly 449.825;' renumbered 468A.030 in 

468.305 [Formerly 449,782; renumbered 468A.035 in 

1991] 

4 

1991] 

• 468.310;, [Formerly 449.727; 1991 c.752 §17; renumbered 468A.040 m 1991] 

468.315 [Formerly 449.731; 1991 c.752 §18; renumbered 468A.045 m 1991] 

468.320 [Formerly 449.707; renumbered 468A.050 m 

1991] 

. 468.325 [Formerly 449.712; 1985 c.275>§l; renumbered 

468A.055 in 1991] ' ' 

468.330 [Formerly 449.739; renumbered' 468A.060 in 

1991] 

. ' 468.335 [Formerly 449.722; renumbered 468A.065 in 

1991] 

468.340 [Formerly 449:702; 1991 c.67 §129; reriumbered 468A;07 0 in 1991] 

468.345 [Formerly 449.810; renumbered 468A.075 in 

199i] 

468.350 [1975, c.552 §34; renumbered 468A.080 in 1991] 

468^55 [1981 C.765 §2; renumbered 468A.085 in 1991] 

468.357 [1989 c.1070 §9; renumbei^d 468A.775 in 1991] 

468.358 [1989 C.1070 §12; renumbered 468A:780 in 

4991] 

468.359 [1989 c.1070 §11; renumbered 468A.785 m 

,1991] 

468.360 [Formerly 449.949; 1975 c.670 §4; 1983 c.338 

§932; remmabered ,468A.350 in 1991] , , 

468.365 [Formerly 449.951;; renumbered 468A.355 m 

1991] 

.468.370 [Formerly 449.957; 1974 c.73 §1; renumbered 

468A.360 in 1991] 

468.375 [Formerly 44^953; 1974 c.73 §2;. 1975 c.535 

§2; 1977 C.298 §3; 1983 c.196 §1; 1985 c:i6 §466; 1989 c.171 

§62; renumbered 468A.365 in 1991] 

468.377 [1977 c.298 §2; 1985 c.222 §3; renumbered 

468A.370 in 1991] 

Titie 36 Page 884 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.427 

w 

468.380 [Formerly 449.963; renumbered 468A.375 in 

1991] 

468.385 [Formerly 483.815; repealed by 1983 c.338 

§978] 

468.390 [1973 c.835 §72; 1974 c.73 §4; 1983 c.338 §933; 

renumbered 468A.380 in 1991] 

468.395 [Formerly 449.955; 1983 c.338 §934; renumbered 468A.385 m 1991] 

468.397 [1985 c.222 §2; renumbered 468A.390 in 1991] 

46a400 [Formerly 449.959; 1983 c.338 §935; 1991 c.331 

§68; renumbered 468A.395 in 1991] 

46a405 [Formerly 449.965; 1974 c.73 §5; 1975 c.535 

§3; 1977 c.704 §10; 1981 c.294 §1; 1983 c.338 §936; renumbered 468A.400 in 1991] 

46a410 [Formerly 449.747; renumbered 468A.405 in 

1991] 

1991] 

46a415 [Formerly 449.751; renumbered 468A.410 in 

L] 

46a420 [Formerly 449.753; renumbered 468A,455 in 

1991] 

FINANCING TREATMENT WORKS 

468.423 Definitions for ORS 468.423 to 

468.440. As used m ORS 468.423 to 468.440: 

(1) "Fund" means the Water Pollution 

Contrbl Revolving Fund established under 

ORS 468.427. 

(2) "Public agency" means: 

(a) A state agency, incorporated city, 

county, sanitary authority, federally recognized Indian tribal government, county service district, sanitary district, metropolitan 

service district or other special district authorized or required to construct water pollution control facilities; or 

(b) An intergbvernmental entity created 

by units bf local government under ORS 

190.003 to 190.130. 

(3) "Treafmerit works" means: 

(a) The devices and systems used in the 

storage, treatment, recycling arid reclamation 

of municipal sewage or industrial wastes of 

a liquid nature, riecessary to recycle or reuse 

water at the most economical cost over the 

estimated life of the works. "Treatment 

works" includes: 

(A) Intercepting sewers, outfall sewers, 

sewage cpllectibn systems, pumping power 

and other equipment, and any appiirtenance, 

extension, improvement, remodeling, addition 

or alteration to the equipirient; 

(B) Elemerits essential to provide a reliable recycled water supply including standby 

treatment units and clear well facilities; and 

(C) Any other acquisitions that will be 

an, integral part of the treatment process or 

used for ultimate disposal of residues resulting from such treatment, including but not 

limited to land used to store treated waste 

water in land treatment systems prior to 

land application. 

(b) Any other method or system for preventing, abating, reducing, storing, treating, 

separating or disposing of municipal waste, 

storm water runoff, industrial waste or waste 

in combined storm water and sanitary sewer 

systems. 

(c) Any other facility that the Environmental Quality Commission determines a 

public agency must construct or replace in 

order to abate or prevent surface or ground 

wate r pollution . [1987 c.648 §1; 1995 c.79 §278; 1995 

C.98 §1; 2007 c.783 §232a] 

468.425 Policy. It is declared to be the 

policy of this state: 

(1) To aid and encourage public agencies 

required to provide treatment works for the 

control of water pollution in the transition 

from reliance on federal grants to local selfsufficiency by the use of fees paid by users 

of the treatment works; 

(2) To accept and use any federal grant 

funds available to capitalize a perpetual re-" 

volving loan fund; and 

(3) To assist public agencies in meeting 

treatment works' construction obligations in 

order to prevent or eliminate pollution of j 

surface and grbund, water by making loans •' 

from a revolving loan fund at interest rates 

that are'less than or equal to market interest 

rates. [1987 c.648 §2] 

468.427 Water PoUution Control Revolving Fund; sources. (1) The Water Pollution Control Revolving Fund is established 

separate and distinct from the General Fund 

in the State Treasury. The moneys in the 

Water Pollution Control Revolvirig Fund are 

appropriated continuously to the Department 

of Environmental Quality to be used for the 

purposes described in ORS 468.429. 

/ (2) The Water Pollution Control Revolving Fund shall consist of: 

(a) All capitalization grants provided by 

the federal government under the federal 

Water Quahty Act of 1987 (Pubhc Law 

100-4); 

(b) All state matching funds appropriated 

or authorized by the legislature; 

(c) Any other revenues derived from gifts, 

grants or bequests pledged to the state for 

the purpose of providing financial assistance 

for water pollution control projects; 

(d) All repayments of moneys borrowed 

from the fund; 

(e) All interest payments made by borrowers from the fund; and 

if) Amounts granted or advanced to the 

Water Pollution Control Revolving Fund 

from the Pollution Control Fund under ORS 

468.220 (1). 

Titie 36 Page 885 (2009 Edition) 
468.428 PUBLIC HEALTH AND SAFETY 

(3) The State Treasurer may invest and 

reinvest moneys in the Water Pollution Control Revolving Fund in the manner provided 

by law. All earnings from such investment 

and reinvestment shall be credited to the 

Water Pollution Control Revolving Fund. 

[1987 c.648 §3; 1993 c.411 §6] 

468.428 Lottery bonds. (1) Pursuant to 

ORS 286A.560 to 286A.585, lottery bondsmay 

be issued to provide loans and other financial 

assistance to public agencies, as defined in 

ORS 468.423, for waste water pollution, control, reduction or abatement as described in 

ORS 468.429. 

(2) The use of lottery bond proceeds is 

authorized upon the following findings: 

(a) Financial assistance for public agency 

waste water pollution control, reduction or 

abatement activities will result in additional 

wastewater treatment capacity in Oregon. 

(b) Wastewater treatment capacity comprises a portion of the physical foundation 

for industrial and commercial activities and 

provides a portion of the basic framework for 

continued and expanded economic opportunities throughout Oregon. 

(c) Such financial assistance will therefore further ecoriomic development within 

this state, inaking the use of net proceeds 

derived from the operation of the Oregon 

State Lottery to pay debt service on lottery 

bonds issued under this section to provide financial assistance to public agencies for 

wastewater pollution control, reduction or 

abatement activities an • authorized use of 

state lottery funds under section 4, Article 

XV of the Oregon Constitution, and ORS 

461.510. ^ ' 

(3) The aggregate principal airiount of 

lottery bonds issued pursuant tb this sectiori 

to provide financial assistance fbr . public 

agency waste water pollutiori control, reduction or abatement activities shall not exiCeed $8 million and an additional amount 

; estimated hy the State Treasurer to be : necessary to pay bond-related costs. Lpttery 

bonds authorized by this section shall be issued orily at the request of the Director of 

the Department of Environmerital Quality. 

(4) The net proceeds of lottery bonds issued pursuant to this.section shall be deposited in the Water Pollution Control 

Revolving Fund established by ORS 468.427.. 

(5) The proceeds of lottery bonds issued 

pursuant tb this section shall be used only 

for the purposes set forth in subsection (1) 

of this section and for bond-related costs. 

[2001 C.942 §3] • •: 

Note: 468.428 was enacted into law by the Legislative Assembly but was not added to or made a part.of 

ORS chapter 468 or any series therein by legislative 

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

468.429 Uses of revolving fund. (1) The 

Department of Environmental Quality shall 

use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance: ' 

(a) To public agencies for the construction or replacement of treatment works. 

(b) For the implementation of a management program established under section 319 

of the federal Water Quahty Act of 1986 relating to the management of nonpoint 

sources of pollution. 

(c) For development and implementation 

of a conservation and management plan under section 320 of the federal Water Quality 

Act of 1986 relating to the national estuary 

program. 

(2) The department may also use the 

moneys in the Water Pollution Control Revolving Fund for the following purposes: 

(a) To buy or refinance the treatment 

works' debt obligations of public agencies, if 

such debt was incurred after March 7, 1985. 

(b) To guarantee, or purchase insurance 

for, public agency obligations for treatment 

works' construction or replacement if the 

guarantee or insurance would improve credit 

market access or reduce interest rates, or to 

provide loans to a public agency for this 

purpose. 

(c) To pay the expenses.of the department 

in administering the Water Pollution Control 

Revolving Fund, to make transfer^ to the 

Water Pollution Control Administration 

Fund, or to pay other departmental.costs including expenses of the program descrihed in 

ORS 468.433 (2). 

(3) If amounts are advanced to the Water 

Pollution Control Revolving Fund from the 

Pollution Control Fund tmder ORS 468.220 

(1), the department shall transfer froiri" the 

Water PoUiition Control Revolving Fund to 

the Pbllution Cpntrol Sinking Fund amounts 

sufficient to pay the bonds that funded the 

advance . [1987 c.648 §4; 1993 c.411 §7; .1995 c.79 ,§279] 

468.430 [1983 c.218 §1; repealed ty 1985 c.222 §6]' 

468.4i31 Water Pollution Control Administration Fvind; sources; uses. (1) The 

Water Pollution (Control Administration 

Fund is established separate and. distinct 

from the General Fimd in the State Treasury. Morieys in the Water Pollution Control 

Administration Fund are appropriated continuously to the Department of Environmental Quality to be used for the payriient 

of costs of administering the Water Pollution 

Control Revolving Fund, including all costs 

of staffing for the program described in ORS 

468.433 (2) and all costs of making loans from 

the Water Pollution Control Revolving Fund 

and collecting loan payments. 

Titie 36 Page 886 (2009 Edition) 

• J 
ENVIRONMENTAL QUALITY GENERALLY 468.437 

(2) The Water Pollution Control Administration Fund shall consist of: 

(a) Any administrative fee levied by the 

department in conjunction 'with administration of the Water Pollution Control Revolving Fund. 

(b) Any transfers to the Water Pollution 

Control Administration Fund from the Water 

Pollution Control Revolving Fund. 

(c) Any loans made from the Water Pollution Control Revolving Fund. 

(d) Any other revenues derived from 

gifts, grants or bequests pledged to the state 

for the purpose of administering the Water 

Pollution Control Revolving Fund. 

(3) The State Treasurer may invest and 

reinvest moneys in the Water Pollution Control Administration Fund in the maimer provided by law. All earnings from such 

investment and reinvestment shall be credited to the Water Pollution Control Administration Fund.' [1993 c.411 §2; 1995 c.79 §280] 

468.433 Duties of department; public 

agency loan program. (1) In administering 

the Water Pollution Control Revolving Fund, 

the Department of Environmental Quality 

shall: 

(a) Allocate funds for loans in accordance 

with procedures adopted by rule by the Environmental Quality Commission. 

(b) Use accounting, audit and fiscal procedures that conform tp generally accepted 

government accounting standards. 

(c); Prepare any reports required by the 

federal government as a condition to awarding federal capitalization grants. 

(d) Seek to maximize the ability ofthe 

Water Pollution Control Revolving Fund to 

operate on a self-sustaining basis and maintain a perpetual source of treatment works 

financing. 

(2) If airiounts are advariced to the Water 

Pollution Control Revolving Fund from the 

Pollution Control Fund under ORS 468.220 

(1), the department shall develop arid administer a program designed to loan amounts in 

the Water Pollution Control Revolving Fund 

to public agencies, so the loan repayments 

are sufficient to pay the bonds that funded 

the advance, and to further the policies established in ORS 468.425. In connection with 

the program, the department may: 

(a) Establish one br more accounts in the 

Water Pollution Control Revolving Fund, 

make covenants for the benefit of bondowners regarding the deposit of amounts into 

those accounts and the use of amounts in 

those accounts and pledge or reserve all or 

a portion of the amounts in the Water Pollution Control Revolving Fund to pay bonds 

issued to fund advances to the Water Pollution Control Revolving Fund under ORS 

468.220 (1). 

(b) Establish requirements for loans made 

from the Water Pollution Control Revolving 

Fund to assure that: 

(A) Adequate funds are available in the 

Water Pollution Control Revolving Fund to 

permit payment of bonds that funded advances to the Water Pollution Control Revolving Fund; and 

(B) Adequate funds will be available in 

the Water Pollution Control Administration 

Fund to pay for costs of the program and 

costs of operating the Water Pollution Control Revolving Fund. 

(c) Exercise any remedies available to the 

department in connection with defaults on 

Ibans of advanced funds to public agencies. 

(d) Take any other action reasonably 

necessary to develop the program and provide for the pa5Tnent of bonds issued to fund 

advances to the"^Water Pollution Control Revplving Fund. 

(3) The department may make loans to 

finance treatment works that are funded in ^ 

part from advances or grants to the Water, 

Pollution Control Revolving Fund, and irt' 

part from ftmds available tmder ORS 468.220 

(1). These loans may have a blended interest 

rate that reflects their different sources of 

funding, and repajrments of these loans may 

be allocated proportionally between the Water Pollution Control Revolving Fund and 

the Pollution Control Sinking Fund. [1987 c.648 

§5; 1993 c.411 §8; 1995 c.79 §281] 

468435 [1983 c.218 §2; repealed by 1985 c.222 §6] 

468.437 Loan applications; eligibility; 

repayment; default remedy. (1) Any public 

agency desiring a loan from the Water Pollution Control Revolving Fund shall submit 

an application to the Department of Environmental Quality on the form provided by 

the department. The department may require 

an opinion from the department's bond counsel or other counsel that the applicant has 

the legal authority to borrow from the Water 

Pollution Control Revolving Fund. If a public 

agency relies on borrowing authority granted 

by charter or law other than ORS 468.439, 

then with the consent of the department and 

notwithstanding any limitation or requirement bf the charter or law, the public agency 

may borrow directly from the Water Pollution Control Revolving Fund by issuing revenue bonds to the department. The 

requirements of ORS 287A. 150 do not apply 

to revenue bonds that are sold to the department pursuant to this section. 

(2) Any public agency receiving a loan 

from the Water Pollution Coritrol Revolving 

Fund shall estabhsh and maintain a dedicated source of revenue or other acceptable 

Titie 36 Page 887 (2009 Edition) 
468.439 PUBLIC HEALTH AND SAFETY 

source of revenue for the repayment of the 

loan. 

(3) If a public agency defaults on payments due to the Water Pollution Control 

Revolving Fund, the state may withhold any 

amounts otherwise due to the public agency 

and direct that such funds be applied to the 

payments and deposited into the fund. If the 

department finds that the loan to the public 

agency is otherwise adequately secured, the 

department may waive this right in the loan 

agreement or other loan documentation. [1987 

c.648 §6; 1989 c.560 §3; 2007 c.783 §205] 

468.439 Borrowing authority of public 

agency. Notwithstanding any limitation 

contained in any other provision of law or 

local charter, a public agency may: 

(1) Borrow riioney from the Water Pollution Control Revolving Fund through the 

Department of Environmental Quality; 

(2) Enter into loan agreements arid make 

related agreements with the department in 

which the public agency agrees to repay the 

borrowed money in accordance with the 

terms of the loan agreement; 

(3) Covenant with the department regarding the operation , of treatmerit works 

and the imposition and collection of rates, 

fees and charges for the treatment works; 

! (4) Pledge all or part of the revenues of 

the treatment works to pay the amount due 

under the loan agreement and notes in accordance with ORS chapter 287A; and 

(5) Provide any additional security and 

exercise any powers permitted to an issuer 

of revenue bonds under ORS chapter 287A. 

[1989 c.560 §2; 1993 c.411 §9; 2007 c.783 §206] , 

468.440 Loan terms arid interest rates; 

considerations; rules. (1) The Environmental Quality Commission shall establish 

by rule policies for establishing loan terms 

and interest rates for loans made frbm^ the 

Water Pollution Control Revolving Fund that 

ensure that the objectives of ORS 468.423 to 

468.440 are met and that adequate funds are 

maintained in the Water Pollutiori Control 

Revolving Fund to meet future needs. In establishing the policy, the commission shall 

take into consideration at least the following 

factors.' 

(a) The capability of the project to enhance or protect water quality! 

(b) The ability of a public agency to repay a loan. 

(c) Current market rates of interest. 

(d) The size of the community or district 

to be served by the treatment works. 

(e) The type of project financed. 

if) The ability of the applicant to borrow 

elsewhere. 

(g) Whether advances have been made to 

the Water Pollution Control Revolving Fimd 

from the Pollution Control Fund that must 

be repaid to the Pollution Control Sinking 

Fund. 

(2) The commission may establish an interest rate ranging frpm zero to the market 

rate. The commission may establish the loan 

term, provided that the loans must be fully 

amortized not later than 20 years after project completion. 

(3) The commission shall adopt by rule 

any procedures or standards necessary to 

carry out the provisions of ORS 468.423 to 

468.440. [1987 c.648 §7; 1993 c.411 §10; 1995 c.79 §282; 

2005 C.137 §1] 

468.450 [Formerly 449.840; repealed by 1991 c.920 

§24] 

RECLAIMED PLASTIC PRODUCT 

TAX CREDIT 

468.451 Definitions for ORS 468.451 to 

468.491. As used m ORS 468.451 to 468.491: 

(1) "Investment" means the amount of 

money a person invests fo acquire or construct equipment, personal property or machinery necessary to collect, transport or 

process reclaimed plastic or manufacture a 

reclaimed plastic product. 

(2) "Qualifying business" means a business in Oregon that collects, "transports, 

processes, reclaims plastic or manufactures 

a reclaimed plastic product. 

(3) "Reclaimed plastic" means plastic 

from industrial consumers, commercial users 

or ppst-consumer waste. "Reclaimed plastic" 

includes shredded plastics; regrind, pellets or 

any similar product manufactured from Ore-

, gon industrial consumer, commercial user or 

post-consumer waste that is sold for the purpose of making an Vend product out of reclaimed plastic and is intended to be used to 

manufacture a nonmedical or nonfood plastic 

product. 

(4) "Reclaimed plastic product" means a 

plastic product for which the majority of the 

plastic used in the product is reclaimed plastic. [Formerly 468.925] , . 

468.453 [1977 c.650 §3; 1979 c.181 §1; renumbered 

468A.550 in, 1991] 

46a455 [Fonnerly 449.930; 1975 c.559 §4; 1977 c.650 

,§4; 1979 c.181 §2; repealed by 1991 c.920 §24] , 

468.456 Policy. In the interest of the 

public peace, health and safety, it is the policy of the State of Oregon to assist in the 

prevention, control and reduction of splid 

waste in this state by providing tax relief to 

Oregon businesses that make investments in 

order to collect, transport or process reclaimed plastic or manufacture a reclaimed 

plasti c product. [Formerly 468.930] 

468.458 [1975 c.559 §2; repealed by 1991 c.920 §24] 

Titie 36 Page 888 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.466 

46&460 [Formerly 449.933; 1975 c.559 §5; 1977 c.650 

§5; 1979 c.181 §3; 1991 c.920 §19; renumbered 468A.595 in 

1991] • 

468.461 Application for certification of 

investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; rules; fee. (1) Any 

person may apply to the Environmental 

Quality Commission for certification under 

ORS 468.466 bf an investment made by the 

person in Oregon to allow the person to collect, transport or process reclaimed plastic 

or manufacture a reclaimed plastic product. 

(2) The application shall be made in 

writing in a form prescribed by the Department of Environmental Quality and shall 

contain information on the actual investment 

including a description of the materials incorporated therein, all machinery, personal 

property and equipment made a part thereof, 

the existing or proposed operational procedure thereof, and a statement of the proposed 

use of the reclaimed plastic product and the 

portion of the actual cost properly allocable 

to collecting, transporting or processing reclaimed plastic or to the process of manufacturing such reclaimed plastic product as set 

forth in ORS 468.486. 

(3) The Director of the Department of 

Environmental Quality may require any further information the director considers necessary before a certificate is issued. 

(4) The application shall be accompanied 

by a fee established under subsection (5) of 

this section. The fee may be refunded if the 

application for certification is rejected. 

(5) By rule and after hearing the commission may adopt a schedule of reasonable 

fees which the department may require of 

applicants for certificates issued under ORS 

468.466. Before the adoption or revision of 

any such fees the commission shall estimate 

the total cost of the program to the department. The fees shall be based on the anticipated cost of filing, investigating, granting 

and rejecting the applications and shall be 

designed not to exceed the total cost estimated by the commissibn. Any excess fees 

shall be held by the department and shall be 

used by the commission to reduce any future 

fee increases. The fee may vary according to 

the size and complexity of the investment. 

The fees shall not be considered by the commission as part of the cost of the investment 

to be certified. 

(6) Any application for certification must 

be made after the equipment, personal property or machinery necessary to collect, 

transport or process reclaimed plastic or 

manufacture a reclaimed plastic product is 

acquired or constructed and on or before 

December 31, 2001. Failure to file a timely 

application shall make the investment cost 

ineligible for tsix credit certification. An application shall not be considered filed until 

it is complete and ready for processing. The 

commission may grant an extension of time 

to file an application for circumstances beyond the control of the applicant that would 

make a timely filing unreasonable. However, 

the period for filing an application shall not 

be extended to a date beyond December 31, 

2001. [Formerly 468.935; 1995 c.746 §8] 

46a465 [Formerly 449.935; 1975 c.559 §6; repealed by 

1991 c.920 §24] 

468.466 Action on application; rejection; appeal; certification of investment. (1) The Environmental Quality 

Commission shall act on an application for 

certification before~the 120th day after the 

filing of the application under ORS 468.461. 

The action of the commission shall include 

certification of the actual cost of the investment and the portion of the actual cost 

properly allocable to collecting, transporting 

or processing reclaimed plastic or tb the 

manufacture of a reclaimed plastic product 

as set forth in ORS 468.486. Each certificate 

shall bear a separate serial number for each 

such facility. 

(2) If the commission rejects an apphca-.' 

tion for certification, or certifies a lesser actual cost of the, investment or a lesser 

portion of the actual cost properly allocable 

to collecting, transporting or processing reclaimed plastic or to the manufacture of a 

reclaimed plastic product than was claimed 

in the application for certification, the commission shall cause written notice of its action, and a concise statement of the findings . 

and reasons therefor, tp be sent by registered 

or certified mail to the applicant before the 

120th day after the filing pf the application. 

Failure of the commission to act cbnstitutes 

approval of the application. 

(3) If the application is rejected for any 

reaspn, including the information furnished 

by the applicant as to the cost of the investment, or if the applicant is dissatisfied with 

the certification of actual cost or portion of 

the actual cost properly allocable to collecting, transporting or prpcessing reclaimed 

plastic or to the manufacture of a reclaimed 

plastic product, the applicant may appeal 

from the rejection as provided in ORS 

468.110. The rejection or the certification is 

final and conclusive on all parties unless the 

applicant takes an appeal therefrom as provided in ORS 468.110 before the 30th day after notice was mailed by the commission. 

(4)(a) The commission shall certify an investment, for which an application has been 

made under ORS 468.461, if the commission 

finds that the investment was made in accordance with the requirements of ORS 

468.461 and 468.471. 

Titie 36 Page 889 (2009 Edition) 
'^^ 

468.471 PUBLIC HEALTH AN D SAFETY 

m 

(b) No determination of the proportion of 

the actual cost of the investment to be certified shall be made until receipt of the application. 

(5) A person receiving a certificate under 

this section may take tax relief only under 

ORS 315.324, depending upon the tax status 

of the person's trade or business. 

(6) If the person receiving the certificate 

is a partnership, each partner shall be entitled to take tax credit relief as provided in 

ORS 315.324, based on that partner's pro rata 

share of the certified cost of the investment. 

(7) Certification under this section of an 

investment qualifying under ORS 468.461 

shall be granted fbr a period of five consecutive years which five-year period shall begin 

with the tax year of the persbn in which the 

investment is certified under this section. 

[Formerly 468.940] ' 

468.470 [Formerly 449.937; 1974 c.40 §1; 1975 c.559 

§7; 1977 c.650 §6; 1979 c.181 §4; repealed by 1991 c.920 

§24] 

468.471 Prciliminary certification of 

investment. (1) Any person proposing to apply for certification of an investment under 

ORS 468.461, before making the investment, 

shall file a request for preliminary certifica-

|tipn with the Department of Environmental 

Quality. The request shall be in a form prescribed by the department. Fbr investments 

made, the Environmental Quality Commission may waive the filing of the application 

if it finds the filing inappropriate because 

special circumstances render the filing unreasonable and if it finds such investment 

would otherwise qualify for tax credit certification pursuant to ORS 468.451 to 468.491. 

(2) Within 30 days of the receipt of a request for preliminary certification, the department may require, as a condition 

precedent to issuance of a preliminary certificate of approval, the submission of plans 

and specifications. After examination thereof, 

the department may request corrections and 

revisions to the plans and specifications. The 

department may also require any bther information necessary to determine whether 

the proposed investment is in accordance 

with the provisions of ORS chapters 459 and 

459A and ORS chapters 468, 468A and 468B 

and applicable rules and standards adopted 

pursuant thereto. 

(3) If the department determines that the 

proposed investment is in accordance with 

the provisions of ORS chapters 459 and 459A 

and ORS chapters 468, 468A and 468B and 

applicable rules or standards adopted pursunt thereto, it shall issue a preliminary cerificate approving the investment. If the 

departinent determines that the investment 

does not comply with the provisions of ORS 

chapters 459 and 459A and ORS chapters 468, 

468A and 468B and applicable rules or standards adopted pursuant thereto, the commission shall issue an order denying 

certification. 

(4) If within 60 days of the receipt of 

plans, specifications or any subsequently requested revisions or corrections to the plans 

and specifications or any other information 

required pursuant to this section, the department fails to issue a preliminary certificate of approval and the commission fails tb 

issue an order denying certification, the preliminary certificate shall be considered to 

have been issued. The investment must comply with the plans, specifications and any 

corrections or revisions thereto, if any, previously submitted. 

(5) Within 20 days from the date of mailing of the order, any person against whom 

an order is directed pursuant to subsection 

(3) of this section may demand a hearing. 

The demand shall be in writing, shall state 

the grounds for hearing and shall be mailed 

to the Director of the Department bf Environmental Quality. The hearing shall be 

conducted in accordance with the applicable 

provisions of ORS chapter 183. [Formerly 

468.945] • 

468.472 [1975 c.559 §9; repealed by 1991 c.920 §24] 

46a474 [1975 c.559 §10; repealed by 1991 c.920 §24] 

468475 [Formerly 449.939; 1975 c.559' §11; 1977 c.650 

§8; 1979 c.181 §5; repealed by 1991 c.920 §24] 

468.476 Final certification. Except if the 

Environmental Quality Commission, under 

ORS 468.471 (1), waives the requirement for 

preliminary certification, no final certification shall be issued by the commission under 

ORS 468.466 unless the investment was made 

in accordance with the requirements of ORS 

,468.471 and in accordeuice with the applicable provisions of ORS chapters 459 and 459A 

and ORS chapters 468, 468A and 468B and 

the applicable rules or standards adopted 

pursuant thereto. [Formerly 468.950] 

46a480 (Formerly 449.941; 1975-c.559 §12; 1977 c.650 

§10; 1979 c.181 §6; repealed by 1991 c.920 §24] 

468.481 Revocation of certificate; consequences. (1) Pursuant to the procedures 

for a contested case under ORS chapter 183, 

the Environmental Quality Cbmmission may 

order the revocation of the certification issued tmder ORS 468.466 of any investment, 

if it finds that: 

(a) The certification was obtained by 

fraud or misrepresentation; or 

(b) The holder of the certificate has failed 

substantially to operate the qualifying business as specified in such certificate. 

(2) As soon as the order of revocation 

under this section has become final, the 

commission shall notify the Department of 

Revenue of such order. 

Titie 36 Page 890 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.501 

I 

(3) If the certification of an investment 

is ordered revoked pursuant to subsection 

(l)(a) of this section, all prior tax relief provided to the holder of such certificate by 

virtue of such certificate shall be forfeited 

amd the Department of Revenue shall proceed 

to collect those taxes not paid by the certificate holder as a result of the tax relief provided to the holder under any provision of 

ORS 315.324. 

(4) If the certification of an investment 

is ordered revoked pursuant to subsection 

(l)(b) of this section, the certificate holder 

shall be denied any further relief provided 

under ORS 315.324 in connection with such 

investment, as the case may be, from and after the date that the order of revocation becomes final. [Formerly 468.955] 

46&485 [Formerly 449.943; 1974 c.36 §15; 1975 c.559 

§13; repealed by 1977 c.650 §11]-

468.486 Allocation of costs to collect, 

transport or process reclaimed plastic or 

manufacture reclaimed plastic product; 

rules. (1) In establishing the portion of costs 

properly allocable to the irivestment costs 

incurred to allow a person tb collect, transport or process reclaimed plastic or to manufacture a reclaimed plastic product 

qualifying for certification under ORS 

468.466, the Environmental Quality Commission shall consider the following factors: 

(a) If applicable, the extent to which the 

collection, transportation, processing or 

manufacturing process for which the investment is made is used to convert reclaimed 

plastic into a salable or usable commodity. 

(b) Any other factors which are relevant 

in establishing the portion of the actual cost 

of the investment except retum on the investment properly allocable to the process 

that allows a person to collect, transport or 

process reclaimed plastic or to manufacture 

a reclaimed plastic product. 

(2) The portion of actual costs properly 

allocable shall be from zero to 100 percent in 

increments of one percent. If zero percent 

the commission shall issue an order denjdng 

certificatibn. 

(3) The commission may adopt rules establishing methods to be used to determine 

the portion of costs properly allocable to the 

collection, transportation or processing of 

reclaimed plastic or to the manufacture of a 

reclaimed plastic product. [Formerly 468.960] 

46&490 [1977 c.650 §9; repealed by 1991 c.920 §24] 

468.491 Limit on costs certified by 

commission for tax credit. (1) The total of 

all costs bf investments that receive a preliminary certification from the Environmental Quality Commission for tax credits in 

any calendar year shall not exceed 

$1,500,000. If the applications exceed the 

$1,500,000 limit, the commission, in the commission's discretion, shall determine the dollar amount certified for any investments arid 

the priority between applications for certification based upon the criteria contained in 

ORS 468.451 to 458.491. 

(2) Not less than $500,000 of the 

$1,500,000 annual certification limit shall be 

allocated to investments having a certified 

cost of $100,000 or less for any qualifying 

business. 

(3) With respect to the balance of the 

annuEil certification limit, the maximum cost 

certified for any investments shall not exceed 

$500,000. However, if the applications certified in any calendar year db not total 

$1,000,000, the commission may increase the 

certified costs abbve the $500,000 maximum 

for previously certified investments. The increases shall be allocated according to the 

commission's determination of how the previously certified investments meet the criteria of ORS 468.451 to 468.491. The increased 

allocation to previously certified investments 

under this subsection shall not include any 

of the $500,000 reserved under subsection (2) • 

of this section. [Formerly 468.965] ^-' 

46a495 [1977 c.650 §7; repealed by 1991 c.920 §24] 

468500 [Formerly 449.850; renumbered 468A.100 in 

1991] 

GREEN PERMITS 

468.501 Definitions for ORS 468.501 to 

468.521. As used in ORS 468501 to 468.521: 

(1) "Agency" means either the Department bf Environmental Quality or the Lane 

Regional Air Protection Agency created pursuant to ORS 468A.010 to 468A.180, or both, 

as the context requires. 

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

(3) "Environmental laws" means ORS 

454.605 to 454.755, 459.005 to 459.153, 459.705 

to 459.790, 459.992, 459.995, 465.003 to 465.034 

and 466.005 to 466.385 and ORS chapters 468, 

468A and 468B and rules adopted thereunder. 

"Environmental laws" does not include any 

provision of Oregon Revised Statutes or of 

any municipal ordinance or enactment that 

regulates the selection of a location for a 

new facility. 

(4) "Facility" means any site or contiguous sites, any manufacturing operation or 

contigupus operations, or any business or 

municipal activity regulated under any provision of the environmental laws. 

(5) "Green Permit" means a permit that 

provides administrative benefits or reduces 

regulatory requirements to facilities that 

meet criteria established by the Environmental Quality Commission. 

Title 36 Page 891 (2009 Edition) 
468.503 PUBLIC HEALTH AND SAFETY 

(6) "Sponsor" means a person, group or 

association that submits a proposal under the 

Green Permit program. [1997 c.553 §2; 2009 d l 

§65] 

Note: 468.501 to 468.521 were enacted into law by 

the Legislative Assembly but.were not.added to or made 

a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. .. ;, 

468.503 Purpose of Green Permits. The 

purpose of ORS 468.501 to 468.521 is to authorize: 

(1) The issuance of Green Permits to 

persons regulated under the environmental 

laws of the State of Oregon. 

(2) The Environmental Quality Commission to develop Green,Permit criteria that 

will result in the use of innovative environmental approaches or strategies not otherwise recognized or allowed under existing 

regulations, to achieve environmental results 

that are significantly better than otherwise 

required by law. 

(3) An agency to provide or, where necessary, to seek exemptions or waivers from 

regulatory requirements as considered necessary to implement the provisions: of ORS 

468.501 to 468.521. ,. 

(4) An agency to encourage applications 

for Green Permits that promote pollution 

prevention, source reduction, more efficient 

use of natural resources, improvements in 

technology or practices, utilization of environmental manageirient systems and creation 

of public and private entity partnerships that 

can achieve environmental results that are 

significantly better overall than otherwise 

required by law. [1997 c.553 §1] 

Note: See note under 468.501. • 

468505 [Formerly 449.855; renumbered 468A. 105 in 

1991] 

468.506 Commissiori rulemaking to 

carry out. Green Permit program. The 

Environmental Quality Commission shall establish by rule criteria for Green Permits 

and procedures for the application, review 

and public participation in the process of issuance of the permits. The- accepting, processing and issuing of (Jreen Permits is a 

discretionary function of the commission; In 

establishing the criteria for Green Permits, 

the commission: 

(1) Shall consider the objectives set forth 

m ORS 468.503; 

(2) May establish classes or categories of 

Green Permits as the commission considers 

appropriate; and 

(3) May limit the number and duration 

of such permits issued by the agencies for 

the purpose of evaluating the effectiveness 

of the Green Permit program. [1997 c.553 §3; 

2003 c.425 §2] 

Note: See note under 468.501. 

468.508 Eligibility for Green Permit. 

Any person owning or operating a facility or 

contiguous facilities subject to regulation 

under the environmental laws may act as a 

sponsor and propose a Green Permit. [1997 

c.553 §4] 

Note: See note under 468.501. 

468510 [Formerly 449.857; renumbered 468A.110 m 

1991] 

468.511 Environmental laws not applicable to facility operating under Green 

Permit. Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by 

treaty or interstate compact or by a federal 

law, that is contrary to the terms and provisions of a Green Permit shall not apply to 

a facility operating under a Green Permit. 

Any prior conflicting-permit condition shall 

be revised by the agency that has jurisdiction over the Green Permit. Except as specifically revised in a Green Permit, any 

existing environmental permit or requirement shall remain in effect, not\yithstanding 

issuance of a Green Permit. [1997 c.553 §5] 

Note: See note under 468.501. 

468.513 Judicial review of agency decision on issuance of Green Permit. The 

decision of an agency to refuse to issue a 

Green Permit is not subject to judicial review. The decision of an agency to issue a 

Green Permit may be appealed in accordance 

with the provisions of ORS 183.484 pertaining to,review of an order in other than a 

contested case. [1997 c.553 §6] 

Note: See note under 468.501. 

468515 [Formerly 449.870; renumbered 468A.115 in 

1991] 

468.516 Temiination of Green Permit. 

If a sponsor operating a facility under a 

Green Permit fails to perform any term or 

condition in the Green Permit, the agency 

may, after written notice to the permittee, 

terminate the Green Permit, in whole or in 

part. The permittee may appeal the agency's 

decision to terminate a Green permit to the 

Environmental Quality Commission. The 

commission's decision on appeal shall be an 

order in other than a contested case. [1997 

c.553 §7] 

Note: See note under 468.501. 

468.518 Application for permit or approval affected by termination of Green 

Permit. After an agency issues a notice of 

termination of a Green Permit in the manner 

provided in ORS 468.516, the operator of the 

Tacility shall have 30 days to apply for any 

permit or approval affected by the termination of all or a portion of the Green Permit. An application filed, during the 30-day 

period shall be considered a timely application for renewal of a permit under the terms 

Title 36 Page 892 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.533 

P I?. 

iof the applicable law. The terms and conditions of the Green Permit shall continue in 

effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the 

environmental laws, the agency may issue an 

order establishing conditions for the interim 

operation of the facility. [1997 c.553 §8] 

Note: See note under 468.501. 

468520 [Fonnerly 449.865; 1991 c.890 §1; renumbered 

468A.120 in 1991] 

468.521 Recovery of costs of agency in 

developing, negotiating and publicizing 

Green Permit; disposition of moneys collected. The agency shall recover the full cost 

of the agency in developing, negotiating and 

publicizing a Green Permit in the following 

manner: 

(1) The sponsor shall fully reimburse the 

agency for the agency's full direct, indirect 

and all associated costs of conducting the 

review, negotiating the relevant permit revisions,. responding to public comment, monitoring the provisions in the Green Permit 

and environmental outcomes resulting from 

the Green Permit and publicizing and conducting the public hearings. 

(2) The agency shall appropriately document the full direct, indirect and all associated costs of the agency and collect pajmient 

for such costs from the sponsor. The agency 

shall collect a deposit from the sponsor, 

against which the agency shall bill until the 

deposit,is depleted. When the deposit is depleted, the agency shall collect ari additional 

deposit. The initial deposit shall accbmpany 

the sponsor's initial Green Permit proposal 

and shall be in an amount not to exceed 

$25,000. The agency shall deliver to the 

sponsor an accounting of all charges and the 

amount of the deposit remaining at the closure of each month's accounting records. 

(3) All moneys collected by the Department bf Environmental Quality pursuant to 

this section shall be deposited into the (general Fund of the State Treasury to an account of the Department of Environmental 

Quality. The moneys are continuously appropriated to the Department of Environmental 

Quality for the payment of expenses of the 

Department of Environmental Quality in 

carrying out the provisions, of ORS 468.501 

to 468.521. The Director of the Department 

of Environmental Quality shall keep a record 

of all moneys deposited into the State Treasury pursuant to this section and shall indicate by special cumulative accounts the 

source from which moneys; are derived and 

the individual activity against which each 

withdrawal is charged. The fees collected 

under ,this section by the Lane Regional Air 

Protection Agency shall be retained by and 

shall be income to the regional agency. The 

fees shall be accounted for and expended in 

the same manner as are the funds collected 

by the Department of Environmental Quality 

under this section. [1997 c.553 §9; 2003 c.425 §3; 2009 

e l l §66] 

Note: See note under 468.501. 

Note: Section 11, chapter 553, Oregon Laws 1997, 

provides: 

Sec. 11. An agency may not issue a Green Permit 

after January 2, 2008. [1997 c.553 §11; 1999 c.828 §1; 2003 

c.425 §1] 

468525 [Formerly 449.867; 1991 c.890 §2; renumbered 

468A.125 in 1991] 

468530 [Formerly 449.885; 1983 c.233 §1; renumbered 

468A.130 in 1991] 

WILLAMETTE RIVER CLEANUP 

AUTHORITY 

468.531 Legislative findings. (1) The 

Legislative Assembly finds that the. listing of 

an area on the National Priorities List described in 42 U.S.C. 9605, commonly known 

as establishing a Superfund site, and the remedial investigations and feasihility studies 

undertaken following such a listing identify 

the presence of pollutants, hazardous substances and contaminants in the area that 

are not directly traceable to a particular re- } 

sponsible, party. 

(2) The Legislative Assembly finds that 

ORS 465.200 to 465.545 provide for joint and 

several liability among potentially responsible parties for the cleanup of Superfund sites. 

Because joint and several liability does riot 

identify a potentially responsible party's 

share of cleanup costs, remedial actions are 

often delayed as potentially responsible parties litigate each share of the liability. . 

(3) The Legislative Assembly declares 

that the state has the authority and the 

ability to facilitate" cleanup of the submerged 

and submersible lands in the Willamette 

River Superfund site. 

(4) The Legislative. Assembly finds that 

cleanup of the submerged and submersible 

lands of the Willamette River, including the 

Superfund site, will provide henefits to the 

people of Oregon, to industries and to living 

resources, water; quality, water uses, recreation, habitat protection, habitat preservation and other watershed qualities, and will 

provide significant economic enhancement tb 

the State of Oregon. [2003 c:696 §1] 

Note: 468.531 and 468.533 were enacted into law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. 

468.533 WiUainette River Cleanup Authority; purposes; membership; powers. 

(1) There is established a Willamette River 

Cleanup Authority consisting of 'five members. The authority shall be composed of: 

Title 36 Page 893 (2009 Edition) 
468.581 PUBLIC HEALTH AND SAFETY 

(a) The Governor; 

(b) Two members of the House of Representatives, appointed by the Speaker of the 

House of Representatives; and 

(c) Two members of the Senate, appointed 

by the President of the Senate. 

(2) The purpose of the authority is to: 

(a) Receive periodic reports from the Department of Environmental Quality, the 

United States Environmental Protection 

Agency and potentially responsible parties 

involved in the remedial investigation and 

feasibility study process relating to the listing of the Willamette River on the National 

Priorities List described in 42 U.S.C. 9605; 

and 

(b) Make recommendations to the Legislative Assembly on the amount of general 

obligation bonds or other bbnds that wbuld 

need tb be issued to pay for the implementatiori of all or a portion of the record of decision of the remedial investigatiPn and 

feasibility study process. 

(3) The .Governor shall serve as chairperson, and a majority of members,constitutes 

a quorum for the transaction of business. 

(4) All agencies of the state gbvernirierit, 

as defined in ORS 174.111, are directed to 

assist the authority in the perforinance of its 

duties; and, to the, extent permitted by laws 

relating to confidentiali1;y, to furnish such 

^information and advice as the members of 

the authPrity consider necessary to perform 

their duties.. 

(5) The authority may hold public meetings foi": the transaction of any of its business 

at the times and places, as it may prescribe. 

At any such public, hearing, any person interested in the matter being investigated may 

appear and testify. i .-:.. -

(6) The authority shall establish such advisory or technical committees as it considers necessary to aid and advise the authority 

in the performance of its duties. The authority shall determine the represeritation, membership, terms and organization of the 

committees and shall appoint committee 

members, except that at least one advisory 

committee shall be cbmposed of representatives of property owners in the area that 

is the subject of the remedial irivestigation 

and feasibility study, state and local environmental organizations, the Port of Portland, the City of Portland and private-sector 

labor representatives. 

(7) Members of the advisory or technical 

committees are not entitled to compensation 

nor reimbursement for actual and necessary 

travel and other expenses. [2003 c.696 §3] 

Note : See note under 468.531. 

468535 [1973 C;835 §99; 1987 c.660 §28; 1987 c.741 §20; 

renumbered 468A.135 in. 1991] 

468540 [Formerly 449.910; renumbered .468A; 140 in 

1991] 

1991] 

468545 [Formerly 449.863; renumbered 468A. 145 in 

468550 [Formerly 449.890; renumbered 468A.150 in 

1991] 

468555 [Formerly 449.883; 1991 c.752 §19; renumbered 468A.155 in 1991] 

468560 [Formerly 449.900; renumbered 468A.160 in 

1991] 

4 

1991] 

1991] 

1991] 

468565 [Formerly 449.905; reniunbered 468A.165 in 

L ] ' - - • • .-,.:. . 

468570 [Formerly 449.915; renumbered 468A.170'in 

L ] • ' - . . 

468575 [Formerly 449.920; renumbered 468A.175 in 

468580 [Formerly 449.923; renumbered 468A:180 in 

1991] 

ECOSYSTEM SERVICES 

468.581 Definitions for OR S 468.581 to 

468.587. As used iri ORS 468.581 to 468.587 

and section ' 5, chapter 808, Oregbn Laws 

2009: 

(1) "Adaptive management mechanisms" 

means the processes' of iiriplementing programs in a scientifically based, systematically structured approach that tests -and 

monitors assumptions and predictions in 

management activities and then uses the resulting information to improve programs and 

management activities.; 

(2) "Ecological values" means clean air, 

clean and abundant water, fish and wildlife 

habitat and bther values that are gerierally 

corisidered public goods.;'; 

(3) "Ecosystem services" .means the: benefits, that; human communities enjoy as a result of natural processes': and biological 

diversity. . ; ; 

(4) "Ecosystem: services market" means a 

system in which providers of ecosystem services can access financing to protect, restore 

and maintain ecblogical values, including the 

full spectrum of regulatory, quasi-regulatory 

and voluntary ,m8g*kets. , 

• (5) "Pajmient for ecosystem • services" 

means arrangements through which the beneficiaries of ecosystem services pay back the 

providers of ecosystem services. [2009 c.808 §1] 

Note : 468.581 to 468.587 were enacted iiito law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 468 or any series therein by legislative actibn. See Preface to Oregon Revised Statutes 

for further explanation. , , 

468.583 Policy. It is the policy of this 

state to support the maintenance, enhancement and restoration of ecosystem services 

throughout Oregon, focusing on the protection of land, water, air, soil and native 

flora and fauna. [2009 c.808 §2] 

Titie 36 Page 894 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.587 

Note: See note under 468.581. 

468.585 Legislative findings. The Legislative Assembly finds that: 

(1) Maintaining sustainable rural and urban landscapes is important for the quality 

of life of all Oregonians. Sustainable forestry, 

agriculture and ranching practices can help 

to maintain and restore the vitality of Oregon's communities while also helping to preserve Oregon's natural landscapes and 

ecosystems. It is necessary to assist landowners in gaining access to additional 

sources of revenue such as emerging 

ecosystem' services markets and to help 

landowners diversify their incomes, improve 

the ecological functions of their lands and 

pass along their lands and the lands' associated benefits to future generations. 

(2) Employment and economic opportunities are important to Oregonians irt order 

to maintain a high quality of life and prosperity. A scarcity of land that is available for 

development is a significant limiting factor 

in some regions of Oregon. Oregon needs a 

system that will provide assurances that development will occur in suitable locations so 

that ecological values will be maintained arid 

improve. 

(3) Many different local, state and federal 

agencies and the private sectbr have obligations to protect natural resources, to regulate the use of natural resources and to 

prompte economic development while also 

minimizing adverse impacts to natural resources. However, these efforts are generally 

fragmented and uncoordinated and often 

work at crpss-purppses. 

(4) Oregon's natural resources, and the 

ways these natural resources are used, are 

important to Oregonians. These natural resources include native flora and fauna. These 

natural resources provide food and shelter, 

flood control, water filtration, clean air, fish 

and wildlife habitat, recreational opportunities, aesthetic benefits, jobs and a high 

quality of life for all Oregonians. Science has 

demonstrated the importance of these natural resources to our daily lives. The adverse impacts of climate change may, stress 

some natural resources to the point that they 

no longer provide ecosystem services. It. is 

necessary to improve the overall health of 

our natural resources in order to maintain 

these resources for present and future generations. 

(5) The conservation and restoration of 

ecosystem services will help avoid carbon 

emissions, help address impacts associated 

with climate change and help natural resources adapt to these impacts. New or improved regulatory schemes and increased 

public awareness will make additional natural resources available to protect and enhance ecosystem services. Oregon has the 

opportunity to become a leader in developing 

and improvirig the ecological effectiveness 

and economic viability of payments for 

ecosystem services. 

(6) Given appropriate oversight, 

ecosystem services markets can save money, 

lead to more efficient, innovative and effective restoration actions than pure regulatory 

approaches and facilitate improved integration of public and private investment. 

[2009 c.808 §3] 

Note: See note under 468.581. 

468.587 State agencies and ecosystem 

services. (1)'State agencies are encouraged 

to adopt and incorporate adaptive management mechanisms in their programs in order 

to support the maintenance, restoration and 

enhancement of ecosystem services. 

(2) State agencies are encouraged to use 

ecosystem services markets as a means to 

irieet mitigation needs, after carefully avoiding the most sensitive resources and minimizing adverse impacts where development 

occurs. When a state agency adopts a strategy or a decision that calls for the mitigation 

of potentially adverse environmental consequences, the state agency must consider mitigatiPn strategies that recognize the need for 

biological connectivity and the overall ecological viability of restoration efforts at a 

landscape scale rather than exercise an automatic preference for on-site, in-kind mitigation. [2009 c.808 §4] 

Note: See note under 468.581. 

Note: Sections 5 £uid 6, chapter 808; Oregon Laws 

2009, provide: 

Sec. 5. Ecosystem services markets working 

group. (l)(a) The Sustainability Board shall, convene 

an ecosystem services markets working group consisting 

of representatives of local and state agencies and representatives of other parties, including but hot limited 

to federal agencies, Indian tribes,, conservation organizations and developers and landowners from the private sector. 

(b) Representatives chosen from the parties specified in paragraph (a) of this subsection niust be active 

in improving the ecological effectiveness. of ecosystem 

services markets. 

(2) The ecosystem services markets working group 

shall: : -

(a) Study and propose overarching goals to' guide 

the development of integrated ecosystem services markets in Oregon that are efficient, coordinated and designed tp produce positive ecological and economic 

outcomes with reasonable administrative costs to all 

participants; ' 

(b) Address entities that would be most appropriate 

to guide, facilitate and implement an ecosystem services 

market in Oregon; 

(c) Address the need for a consistent methodology 

to describe and quantify ecological values and in doing 

so consider methodologies that have been developed or 

are in the process of being developed; ., 

(d) Make recommendations conceming the developinent of appropriate ecological evaluation arid accounting systems; 

Title 36 Page 895 (2009 Editiori) 
'Im 

468.587 PUBLIC HEALTH AND SAFETY 

(e) Consider the appropriate role of government 

participation in ecosystem services markets in order to 

ensure that the activities of state agencies are wellcoordinated and maintain a positive influence in maximizing ecological, social and economic benefits for the 

public and private sectors; and 

(f) Propose potential policies to help stimulate demand for payments for ecosystem services, in particular 

the development of regulatory and voluntary ecosystem 

services markets. 

(3) No later than January 1-, 2011, the 

Sustainability Board shall submit a report regarding its 

work'conducted under this section, and may include 

recommendations for legislation, to the Legislative Assembly in the marmer provided by ORS 192.245. 

(4) The Oregon Watershed Enhancement Board 

'shall provide staff support to the ecosystem services 

markets working group. [2009 c.808 §5] 

Sec. 6. Section 5 of this 2009 Act is repealed on the 

date of the convening of the next regular biennial legislative session [January 10, 2011], [2009 c.808 §6] 

46a600 [1975 c.366 §1; renumbered 46SA.650 in 1991] 

46a605 [1975 c.366, §2; 1977 c.18 §1; 1977 c.206 §1; 

1983 C.148 §1; renumbered 468A.655 in 1991] 

46a610 [1977 c.206. §4; renumbered 468A.660 in 1991] 

,, 468.612 [1989:C.903 §2; renumbered 468A.625 in 1991] 

468.614 [1989 c.903 §3; renumbered 468A.63P in 1991] 

46a615 [1977 c.206 §2; repealed by 1987 c:414 §172] 

468.616 [1989 c.903 §4; renumbered 468A.635 in 1991] 

• 468.618 [1989 c.903 §5; renumbered 468A.640 in. 1991] . 

468.620 [1977 c.206 §3; repealed by 1987 c.414 §172] 

468.621^ [1989 c.903, §6; renumbered 468A.645 in 1991] 

, . 468.630-[1983 c.333 §4; renumbered :468A.460 in ,1991] 

:, • 468.635 [1983 c.333 §8; renumbered 468A.465.in 1991] 

468.640 [1983' c.333 §7; reriumbered 468A.470 in 1991] 

468.645 [1983 c.333 §9; repealed by 1991 c.752 §28] 

468^50 [1983 c.333 §10; 1991 c.752 §19a; renumbered 

.468A.475 in 1991] 

46a655 [1983 c.333 §§5,6; 1991 c.752 §20; renumbered 

468A.480in 1991] • 

468J859 [1989 c.917 §2; 1993 c.742'§106; repealed by 

1997 C.82 §7] 

, : 4^66 0 [1989 c.917 §1; repealed by 1997 C.82 §7] 

'468.661 [1989 c.917 §20; 1991 c.67 §131; repealed by 

1997 c.82 §7] 

468.662 [1989 c.917 §3; repealed by 1997 c.82 §7] 

. 468.663 [1989 c.917 §25; ,1993 c.742 §107; repealed by 

.1997 c.82 §7] , , 

468^64 [1989 c.917 §4; 1993 c.742 §108; repealed by 

1997 c.82 §7] 

468.665 [1989 c.917 §16; 1993 c.742 §109; repealed by 

1997 c.82 §7] 

. "468.666 [1989 c.917 §5; repealed by 1997 c.82 §7] •. 

46a667 [1989; c.917 §8;;repealed by 1997 c.82 §7] 

468.668 [1989 c.917 §9; 1991 c.67 §132; 1993 c.736 §55; 

repealed by 1997 c.82 §7] 

: 468.669 [1989 c.917 §11; repealed by 1997 c.82 §7] 

• 468.670 [1989 c.917 §13; repealed by 1997 c.82 §7] 

46a671 [1989 c.917 §16; repealed by 1997 c.82 §7] 

. 468:672 (1989 c.917 §18; repealed by 1997 c.82 §7] 

46a673 [1989 c.917 §21; repealed by. 1997 c.82 §7] 

46a674 [1989 c.917 §24; repealed by 1997 c.82 §7]'/ 

468.675 [1989 c.917 §6; repealed by 1993 c.742 §105] 

468.676 [1989 c.917 §7; repealed by 1993 c.742 §105] 

46a677 [1989 c.917 §10; repealed by 1993 c.742 §105] 

468J578 [1989 c.917 §12; repealed by 1993 c.742 §105] 

46a679 [1989 c.917 §14; repealed by 1993 c.742 §105] 

46a680 [1989 c.917 §17; repealed by 1993 c.742 §105] 

46a681 [1989 c.917 §19; repealed by 1993 c.742 §105] 

468.682 [1989 c.917 §22; repealed by 1993 c.742 §105] 

468.683 [1989 c.917 §23; repealed by 1993 c.742 §105] 

46a685 [1989 c.917 §26; repealed by 1995 c.79 §283] 

468.686 [1989 c.847 §2; renumbered 468B.200 in 1991] 

468.687 [1989 c.847 §3; renumbered 468B.205 in 1991] 

468.688 [1989 c.847 §4; renumbered 468B.210 in 1991] 

, 46a689 [1989 c.847 §5; renumbered 468B.215 in 1991] 

• 46a690 [1989 c.847 §6; renumbered 468B,220 in 1991] 

468.691 [1989 c.833 §17; renmnbered 468B.150 m 1991] 

468.692 [1989 c.833 §18; renumbered 468B.155 in 1991] 

46a693 [1989 c.833 §19; 1991 c.67 §133; renumbered 

468B.160 in .1991] -

, 46a694 [1989 c.833 §25; renumbered 468B:165 in 1991] 

, 46ae95 [1989 c.833 §27;,renumbered 468B.170 in 1991] 

46a696 [1989 c.833 §§31,33; renumbered ,468B.175 in 

.1991] .. . 

468.698 [1989 c.833 §§36,37; renumbered 468B.180 m 

.1991] • , , 

468.699 [1989 c.833 §29; renumbered 468B.185 in 1991] 

46a700 [Formerly'449.075; renumbered 468B.005 in 

1991] 

46a705 [Formerly 449.070; renumbered 468B.010 m 

1991] 

46a710 '[Formerly 449.077; renumbered 468B.015 in 

1991] 

46a715 [Formerly 449.095- renumbeted 468B.020 m 

1991] ' 

1991] 

46a720 [Formerly 449.079; renumbered 468B.0'25 in 

• 46&725 [Formerly 449.081; renumbered 468B.030 in 

1991] • i46a730 [1973 c.92 §3; reniinibered 468B;03 5 in 1991] 

46&732 [1985 c.569 §7; reniunbered 468B.04p in 1991] 

468.734 [1985 c.569 §8; renumbered 468B.045 in 1991] 

: 468.735 [Formerly 4491086; i985 c.673 §l78; reriumbereil 468B.048 in 1991] 

. 46a746 [Formerly 449.083; 1989 c.847 §7; renumbered 

468B.050 in'iggi] '• , • ' 

4^742'[Formerly 454.415; 1979 c.98 §1; 1991 c.735 

§27; renmnbered 468B.055 m 1991] ' 

"• 46a745 [Formerly 449.103; 1979 c.584 §1; renumbered 

468B.060 iri 1991] ' ' 

46a750 [Formerly 449.111; 1975 6.172 §1; renumbered 

468B.065in 1991] • • .. 

468.755 [Formerly 449.113; renmnbered 468B.070 m 

1991] '•'•••• • 

46&760 [Formerly 449.137; repealed by 1991 c.764 

1991] 

46a765 [Formerly 449.140; renumbered 468B.075 m 

46a770 (Formerly 449.150; renumbered.468B.080 in 

1991] 

. 46&775 [Formerly 449.109; 1983 c.338 §937; renumbered 468B.085 in 1991] 

46a777 [1979 c.617 §2; renumbered 468B.090.in 1991] 

46a778 [1983 c.257 §2; renumbered 468B.095 in 1991] 

46a780 [Formerly 449.155; 1989 c.1082 §4; 1991 c.606 

§1; 1991 c.651 §3; renumbered 468B.300 in 1991] 

Titie 36 Page 896 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.922 

1991] 

1991] 

46a785 [Formerly 449.157; renumbered 468B.305 m 

46a790 [Formerly, 449.159; renumbered 468B.310 in 

m 

1991] 

46a795 [Formerly 449.161; renumbered 468B.315 in 

1991] 

468500 [Formerly 449.163; renumbered 468B.320 in 

L] 

468£02 [1977 c.222 §§2,3; renumbered 468B.325 in 

1991] 

468.805 [Formerly 449.165; renumbered 468B.330 in 

1991] 

468.810 [Formerly 449.167; 1977 c.704 §11; repealed 

by 1985 c,733 §23] 

468.815 [Formerly 449.175; renumbered 468B.335 in 

1991] 

468.817 [1989 c.859 §§3,5; renumbered 468B.450 in 

1991] , 

46a819,[1989 c.859 §4; renumbered 468B.455 in 1991] 

468521 [1989 c.859 §2; renumbered 468B.460 in 1991] 

468523 [1989 c.l042 §2; renumbered 468B.475 in 1991] 

468525 [1989 C:1042 §3; renumbered 4686^480 m 1991] 

468527 [1989 c.1042 §4; renumbered 468B.485 in 1991] 

468529 [1989.c.l042.§5; renumbered 468B490 in 1991] 

468531 [1989 c.1082 §§2,5; renumbered 468B.495 in 

1991] 

468533 [1989 c.1082 §3; renumbered 468B.500 in 1991] 

, 468550 [1977 c.483 §2; renumbered 459A.555 ui 1993] 

468553 [1977 c.483 §3; renumbered 459A.560 in 1993] 

468556 [1977 c.483 §4; renumbered 459A.565 in 1993] 

468559 [1977 c.483 §5; renumbered 459A.570 ui 1993] 

468562 [1977 c.483 §6; renumbered 459A.575 m 1993] 

468565 [1977 c.483 §7; renumbered 459A.580 in 1993] 

468568 [1977 c.483 §8; renumbered 459A.585 m 1993] 

,468569 [1989 c.268 §2; renumbered 459A.590 in 1993] 

468570 [1989 c.268 §3; renumbered 459A.595 in' 1993] 

468571 [1977 c.483 §1;,renumbered 459A-599ui 1993] 

468575 [1987 c.741 §2; renumbered 468A.700 m 1991] 

468577 [1987 c.741 §3; renumbered 468A.705 m 1991] 

468579 [1987 c.741 §5; renumbered 468A.710 m 1991] 

" 468581 [1987 c:741 §6; renumbered 468A.715 in 1991] 

468583 [1987 c.741 §7; renumbered 468A.720m 1991] 

468585 [1987 c.741 §§8,17; renumbered 468A.725 m 

1991] 

468587 [1987 c.741 §9; renumbered 468A.730 m 1991] 

468589 [1987 c.741 §10; renumbered 468A.735 m 1991] 

,, 468591 [1987 c.741 §11; renumbered 468A.740 m 1991] 

468593 [1987 c.741 §12; 1991 c.650 §7; renumbered 

468A.745 in 1991] 

468595 [1987 c.741 §13; 1989 c.171 §63; renumbered 

468A,750 in 1991] 

468597 [1987 c.741 §14; renumbered 468A.755 in 1991] 

468599 [1987 c.741 §16;. renumbered 468A.760 m 1991] 

468500 [1977 c.867 §23; 1983 c.740 §l83; renimibered 

466.505] 

468501 [1985 c.737 §2; repealed by 1987 c.539 §1 

(466.705 enacted in Ueu of 468.901)] 

468502 [1985 c.737 §3; repealed, by 1987 c.539 §3 

(466.715 enacted m heu of 468.902)] 

468503 [1977 c.867 §24; renumbered 466.510] 

468504 [1985 c.737 §4; repealed by 1987 c.539 §7 

(466.725 enacted m heu of 468.904)] .. 

468505 [1985 c.737 §5; repealed by 1987 c.539 §19 

(466.765 enacted in heu of 468.905)] 

468506 [1977 c.867 §25; renumbered 466.515] 

468507 [1985 c.737 §6; repealed by 1987 c.539 §29 

(466.805 enacted in heu of 468.907)] 

468508 [1985 c.737 §7; repealed by 1987 c.539 §12 

(466.745 enacted m heu of 468.908)] 

468509 [1977 c.867 §26; renumbered 466.520] 

468510 [1985 c.737 §8; 1987 c. 539 §31; renumbered 

466.800 in 1987] 

468511 [1985 c.737 §9; 1987 c.539 §18; renumbered 

466.710 in 1987] 

468512 [1977 c.867 §27; renumbered 466.525] 

468513 [1985 c.737 §10; 1987 c.539 §40; renumbered 

466.720 (2) in 1987]. 

468514 [1985 c.737 §11; repealed by 1987 c.539 §33; 

466.820 enacted m lieu of 468.914] 

468515 [1977 c.867 §28; repealed by 1979 c.32 §1] 

468516 [1985 c.737 §12; repealed by 1987 c.539 §45] 

46a917 [1985 c.737 §l3; repealed by 1987 c.539 §45] 

468518 [1977 c.867 §29; repealed by 1979 c.32 §1] 

E]>fVIRONMENTAL CRIMES 

468.920 Definitions for ORS 468.922 to 

468.956. For purposes of ORS 468.922 to 

468.956: 

(1) "Knowingly": ' . . 

(a) Has the meaning given that term in>' 

ORS 161.085; or 

(b) Means a person acts with a conscious 

purpose to avoid knowledge of a conduct or 

a circumstance in violation of ORS 824.050 

to 824.110 or ORS chapter 465, 466, 468, 

468A, 468B or 825. 

(2) "Substantial harm to human health 

or the environment" means: 

(a) Physical injury, as defined in ORS 

161.015, to a human being or demonstrable 

substantial risk of serious physical injury; as 

defined in ORS 161.015, to a human being; or 

(b) Substantial damage to wildlife, flora, 

aquatic or marine life, to habitat or to livestock or agricultural crops.. 

, (3) Except as provided in ORS 161.155 or 

161.450, an individua.1 is not criminally liable 

solely because of the individual's status in a 

business, organization or other public or private entity nor is knowledge possessed by an 

individual other than the defendant attributable to the defendant. 

(4) Nothing in this section is intended to 

amend or modify ORS 161.150, 161.155, 

161.160, 161.165, 161.170, 161.175, 161.450 or 

161.455. [1993 c.422 §16] 

468521 [1977 c.867 §30; renumbered 466.530] 

468.922 Unlawful disposal, storage or 

treatment of hazardous waste in the second degree. (1) A person commits the crime 

of unlawful disposal, storage or treatment of 

hazardous waste in the second degree if the 

person, in violation of ORS 466.095 or 466.100 

Titie 36 Page 897 (2009 Edition) 
468.924 PUBLIC HEALTH AND SAFETY 

or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 

466.095 or 466.100, knowingly treats, stores 

or disposes of hazardous waste. 

(2)(a) Subject to ORS 153.022, unlawful 

disposal, storage or treatment of hazardous 

waste in the second degree is a Class B misdemeanor. 

(b) Notwithstanding ORS 161.635, in addition to any term of imprisonment that the 

court/may impose under paragraph (a) of this 

subsection, the court may impose a fine of 

u p to $10,000. [1993 c.422 §4; 1999 c.1051 §305], 

Note: The amendments to 468.922 by section 12, 

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. 

. 468522. (1) A person commits the crime of unlawful 

disposal, storage or treatment of hazardous waste in the 

second degree if the person, in violation of ORS 466.095 

or 466.100 or any rule, standard, hcense, permit or order 

adopted or issued under ORS 466.020, 466:095 or 466.100, 

knowingly treats, stores or disposes of hazardous waste. 

(2)(a) Subject to ORS 153.022, unlawftil disposal, 

storage or treatment of hazardous waste in the second 

degree is a Class B misdemeanor. 

(b) Notwithstanding ORS 161.635, in addition to any 

term of imprisonment that the court may impose under 

paragraph (a) of this subsection, the court may impose 

a fine of up to $25,000; 

468.924 Applicability oif ORS 161.655. 

ORS 161.655 does not apply to offenses specified m ORS 468.922 to 468.956. [2009 c.267 §11] 

: Note: 468.924 becomes operative January 1, 2011, 

and applies to'violations occurring on or after January 

1, 2011. See sections 17 and 19, chapter 267, (Jregon 

Laws 2009. 

Note: 468.924 was added to and made a. part of 

.468.922 to 468.956. by .legislative action but was not 

..added to... any smaller series therein. See Preface to Or-

'egon Revised Statutes for fiirther explanation.' 

468525' [1985 c.684 §3; li989 c.958 §1; renumbered 

468.451 in 1993] .. 

468.926 Unlawful disposiall, storage or 

treatmen t of hazardous waste in the first 

degree. (1) A person commits the crime of 

imlawful dispbsal, stbrage or treatment pf 

hazardous waste in the first degree if the 

person, in violatipri of ORS 466.095 or 466: lOO 

or any rule, standard, license; permit or order adopted or issued under ORS 466.020, 

466.095 or 466.100, knowingly disposes of, 

stores or treats hazardous waste and: 

(a) As a result, recklessly causes substantial harm to humsui health or the environment; or 

(b) Knowingly disregards the law in 

committirig the violation. 

(2) Unlawful disposal, storage or treatment of hazardous waste in the first degree 

is a Class B felony. 

(3) Notwithstanding ORS 161.625' and 

subsection (2) of this section, upon a second 

conviction for unlawful disposal, storage or 

treatment of hazardous waste in the first degree within a five-year period, the court may 

require the defendant to pay an amount, 

fixed by the court, not exceeding $200,000 in 

addition to any Pther sentence imposed under 

subsection (2) of this section. [1993 c.422 §2] 

468.929 Unlawful transport of hazardous waste in the second degree. (1) A person commits the crime of unlawful transport 

of hazardous waste in the secpnd degree if 

the person, in violation of ORS 466.080, 

824.090 or 825.258 or any rule, standard, hcense, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, 

knowingly transports hazardous .waste. 

(2)(a) Subject to ORS 153.022, unlawful 

transport of hazardous waste in the second 

degree is a Class B misdemeanor. 

(b) Notwithstanding ORS 161.635, in addition to ariy term bf imprisbnment that the 

court may impose under paragraph (a) of this 

subsection, the court may impose a fine of 

u p to $10,000. [1993 c.422 §5; 1999 c.1051 

Note: The ameridments to 468.929 by section 13, 

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. 

468.929. (1) A person commits the crime of unlawful 

transport of hazardous waste in the second degree if the 

person, in violation of ORS 466.080, 824.090 or'825.258 

or any rule, standard, license, permit or order adopted 

or issued under ORS 466.020, 466.080, 824.090 or, 825.258, 

knowingly transports hazardous waste. 

(2)(a) Subject to ORS 153.022, unlawftil transport 

of hazardous waste in the second degree is a Class B 

misdemeanor. 

(b) Notwithstanding ORS 161.635, iri addition to any 

term of imprisonment that the court may impose under 

paragraph (a) of this subsectionj the court may impose 

a fine of up tp $25,000. 

468530 [1985 c.684 §2; 1989 c.958 §2; renumbered 

468.456 in 1993] 

468.931 Unlawful transport of hazardouis waste in the first degree. (1) A person 

commits the crime of unlawful transport of 

hazardous waste in the first degree if the 

person, in violation of ORS 466.080, 824.090 

or 825.258 or any rule, standard, license, 

permit or order adopted or issued under ORS 

466.020, 466.080, 824.090 or 825.258, knowingly transports hazardpus waste, and: 

(a) As a result, recklessly causes substantial harm to human health or the environment; or 

(b) Knowingly disregards the law in 

committing the violation. 

(2) Unlawful transport of hazardous 

waste in the first degree is a Class B felony. 

Titie 36 Page 898 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.949 

19 (3) Notwithstanding ORS 161.625 and 

subsection (2) of this section, upon a second 

conviction for unlawful transport of hazardous waste in the first degree within a fiveyear period, the court may require the 

defendant to pay an amount, fixed by the 

court, not exceeding $200,000 in addition to 

any other sentence imposed under subsectipn 

(2) of this section. [1993 c.422 §3] 

468.933 Determination of niunber of 

punishable offenses vuider ORS 468.922, 

468.926, 468.929 and 468.931. Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 

468.922, 468.926, 468:929 or 468.931 is a separately punishable offense. [1993 c.422 §6] 

468535 [1985 c.684 §4; 1989 c.958 §3; renumbered 

468.461 in 1993] 

468.936 Unlawful air pollution in the 

second degree. (1) A person commits the 

crime of unlawful air pollution in the second 

degree if the person knowingly violates any 

applicable requirement of ORS chapter 468A 

or a permit, rule or order adopted or issued 

under ORS chapter 468A. 

(2) Notwithstanding ORS 161.515 and 

subject to ORS 153.022, unlawful air ppllution in the second degree is a criminal offense punishable solely by a fine of up to 

,$10,000. [1993 c.422 §8; 1999 c.1051 §307] 

Note: The amendments to 468.936 by section 14, 

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. ": • ' 

468536. (1) A person commits the crirne of unlawful 

air pollution in the second degree if the person knowingly violates any applicable requirement of ORS chapter 468A or a permit, rule or order adopted or issued 

under ORS chapter 468A. 

(2) Notwithstandmg ORS 161.515 and subject to 

ORS 153.022, unlawftil air pollution in the second degree 

is a criminal offense punishable solely by a fine of up 

to $25,000. 

468.939 Unlawful air pollution in the 

first degreed ) A person commits the crime 

of unlawful air pollution iri the first degree 

if the person, in violation of ORS chapter 

468A or any rule, permit, order or any applicable requirement adopted or issued under 

ORS chapter 468A, knowingly discharges, 

emits or allows to be discharged or; emitted 

any air contaminant into the outdoor atmosphere, and: 

(a) As a result, recklessly causes substantial harm to human health or the environment; or • . 

(b) Knowingly disregards the law in 

committing the violation. 

(2) Unlawfiil air pollution in the first degree is a Class B felony. 

(3) Notwithstanding ORS 161.625 and 

subsection (2) of this section, upon a second 

conviction for unlawful air pollution in the 

first degree within a five-year period, the 

court may require the defendant to pay an 

amount, fixed by the court, not exceeding 

$200,000 in addition to any other sentence 

imposed under subsection (2) of this section. 

[1993 c.422 §7] 

468540 [1985 c.684 §5; 1989 c.958 §4; 1991 c.877 §38; 

renumbered 468.466 in 1993] 

468.941 Determination of number bf 

punishable offenses under ORS 468.936 

and 468.939. Notwithstanding ORS 161.067, 

each day on which a violation occurs or 

continues under ORS 468.936 or 468:939 is a 

separately punishable offense. [1993 c.422 §9] 

468.943 Unlawful water pollution in 

the second degree. (1) A person commits 

the offense of unlawful water pollution in the 

second degree if the person with criminal 

negligence violates ORS chapter 468B or any 

rule, standard, license, permit or order 

adopted or issued under ORS chapter 468B. 

(2) Subject to ORS 153.022, unlawful water pollution in the secpnd degree is punishable by a firie of up to $25,00() or " 

imprisonment for not more than one year, or? 

both.. [1993 c.422 §11; 1999 c.1051 §308] 

468545 [1985 c.684 §6; 1989 c.958 §5; renumbered 

468.471 in 1993] 

468.946 Unlawful water pollution in 

the first degree. (1) A person commits the 

crime of unlawful water pollution in,the first 

degree if the person, in violation of ORS 

chapter 468B or any rule, standard, license, 

permit or order adopted or issued under ORS 

chapter 468B, knowingly discharges, places 

or causes to be placed any waste into the 

waters of the state or in a location where the 

waste is likely to escape or be carried into 

the waters of the state and: 

(a) As a result, recklessly causes substantial harm tO; human health or the environment; or 

(b) Knowingly disregards the law in 

committing the violation. 

(2) Unlawful water pollution in the first 

degree is a Class B felony. 

(3) Notwithstariding ORS 161.625 and 

subsection (2) of this section, upon a second 

conviction for. unlawful water pollution in 

the first degree within a five-year period, the 

court may require the defendant to pay an 

amount, fixed by the courts not. exceeding 

$200,000 in addition to any other sentence 

imposed under subsection (2) of this section. 

[1993 c.422 §10] 

468.949 Determination of number of 

punishable offenses under ORS 468.943 

and 468.946. Notwithstanding ORS 161.067, 

each day on which a violation occurs or 

Title 36 Page 899 (2009 Edition) 
468.951 PUBLIC HEALTH AND SAFETY 

continues under ORS 468.943 or 468.946 is a 

separately punishable offense. [1993 c.422 §12] 

468550 [1985 c.684 §7; 1989 c.958 §6; renumbered 

468.476 in 1993] 

468.951 Environmental endangerment. 

(1) A person commits the crime of environmental endangerment if the person: 

(a) Knowingly commits the crime of imlawful disposal, storage or treatment of hazardpus waste in the first degree, unlawful 

trarisport of hazardous waste in the first degree, unlawful air pollution iri the .first degree or unlawful water pollution in the first 

degree; and 

(b) As a result, places another person in 

imminent danger of death or causes serious 

physical injury. . , 

(2) Environmental endangerment is a felony punishable: 

(a) If the defendant is an individual and 

notwithstandirig ORS 161.625, by imprisonment of not more than 15 years, a fine of riot 

more than $1,000,000, or both. 

(b) If the defendant is other than an individual and notwithstanding ORS 161.625, 

by a fine of not more than $2,000,000. 

(c) Notwithstanding ORS 161.625, in the 

case of a second or subsequent conviction 

under this section, by imprisonirierit of not 

more than 30 years, a fine of not more than 

$5,000,000, or both. , 

(3) As used in this sectiori, "serious 

physical injury" has the meaning given in 

ORS 161.015. [1993 c.422 §13] 

468.953 Supplying false information to 

agency. (1) A person commits the crime of 

suppljnng false information to any agency if 

the person: 

(a) Makes any false iriateriar statement, 

representation or certification knowing it to 

be false, in any application, notice, plan, record, report or other document required by 

any provision of ORS chapter 465, 466, 468, 

468A or 468B or any rule adopted pursuant 

to ORS chapter 465, 466, 468, 468A or 468B; 

•(b) Omits any material pr required information, knowing it to be required, from any 

document described in paragraph (a) of this 

subsection; or , . 

(c) Alters, conceals or fails to file or 

maintain any document described in paragraph (a) of this subsection in knowing violation of any provision of ORS chapter 465, 

466, 468, 468A or 468B or any rule adopted 

pursuant to ORS chapter 465, 466, 468, 468A 

or 468B. 

(2) Supplying false information is a Class 

C felony. [1993 c.422 §14] 

468555 [1985 c.684 §8; 1987 c.158 §95; 1989 c.958 §7; 

renumbered 468.481 in 1993] 

468.956 Refusal to produce material 

subpoenaed by conunission. Refusal, without good cause, to produce books, papers or 

information subpoenaed by the Environmental Quality Commission, the Department 

of Environmental Quality or the regional air 

quality control authority,or any report required by law or by the commission, the department or a regional authority pursuant to 

ORS 448.305, 454.010 to 454.040, 454.205 to 

454.255, 454.505 to 454.535, 454.605 to 454.755 

and ORS chapters 468, 468A and 468B is a 

Class A misdemeanor. [1993 c.422 §15] . 

468.959 Upset or bypass as affirmative 

defense. (1) It is an affirmative defense to 

any offense under ORS 468.922 to 468.946 

that the alleged violation was the result of 

an upset or bypass. 

(2) For purposes of this section: 

(a) "Bypass" means the temporary discharge of waste or an air contairiinant in violation of ORS chapter 465, 466, 468, 468A 

or 468B or any rule adopted or order or permit issued thereunder, under circumstances 

in which the defendant reasonably believed 

that the discharge was necessary to prevent 

loss of life, personal injury or severe property damage, or to minimize environmental 

harm. 

(b) "Upset" includes an exceptional and 

unexpected occurrence in which there is unintentional and temporary violation of the 

requirements of ORS 824.050 to 824.110 or 

ORS chapter 465, 466, 468, 468A, 468B or 825 

or of any rule adopted or permit or order issued under ORS 824.050 to 824.110 or ORS 

chapter 465, 466, 468, 468A, 468B, or 825 because of factors beyond the reasonable control of ' the regulated person or entity. 

"Upset" does not include a violation caused 

by: 

(A) Operational error; 

(B) Improperly designed facilities; 

(C) Lack of preventive maintenance; or 

,(D) Careless or improper operation. 

(3) To establish the affirmative defense 

of upset or bypass, the defendant must prove 

the occurrence of an upset or bypass and 

that the defendant: 

(a) Reported^ the upset or bypass to the 

Department of Environmental Quality or 

other appropriate agency within 24 hours or 

as required by statute, rule, permit or order, 

whichever is sopner, and, if the original notice, was oral, delivered written notice tp the 

Department of Environmental Quahty or 

other agency with regulatory jurisdiction 

within four calendar days; ' 

(b) Submitted complete documentation bf 

the upset or bypass to the Department of 

Environmental Quality or other agency with 

Titie 36 Page 900 ' (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.963 

m regulatory jurisdiction as required by statute, rule, order or permit; and 

(c) Took appropriate corrective action, 

including action to miriimize damage, as soon 

as reasonably possible. 

(4) It is an affirmative defense to an offense under ORS 468.922 to 468.946 that the 

defendant: 

(a) Did not cause or create the condition 

or occurrence that constitutes the offense; 

(b) Reported the condition or occurrence 

to the Department ofEnvironmental Quality 

or other agency with regulatory jurisdiction 

as soon as practicable after the defendant 

discovered it; and 

(c) Took reasonable steps to correct the 

violation. [1993 c.422 §17] 

468560 [1985 c.684 §9; 1989 c.958 §8; renumbered 

468.486 in 1993] 

468.961 Approval of Attomey General 

or district attomey before bringing felony charge; guidelines for bringing felony 

charge; model guidelines. (1) Except in 

exigent circumstances, no person shall be 

charged with a felony under ORS 468.922 to 

468.956 without the personal approval of the 

district attorney of the county or the Attorney General of the State of Oregon. 

(2) In order to promote consistency in 

bringing criminal prosecutions under ORS 

468.922 tp 468.956, the district attomey of 

each county shall adopt written guidelines 

for filing felony criminal charges under ORS 

468.922 to 468.956. The written guidelines, at 

a minimum, shall require the district attorney to consider and apply the following factors in determining whether to file criminal 

charges: 

(a) The complexity . and clarity ; of the 

statute or regulation violated; -

(b) The extent to which the person was 

or shbuld have been aware of the requirement violated; 

(c) The existence and effectiveness ofthe 

person's program to promote compliance with 

environmental regulations; 

(d) The magnitude and probability of the 

actual or potential harm to humans or to the 

environment; 

(e) The need for public sanctions to protect human health and the environment or 

tb deter others from committing similar violations; 

if) The person's history of repeated violations of environmental laws after having 

been given notice of those violations; 

(g) The person's false statements, concealment of misconduct or tampering with 

monitoring or pollution control equipmerit; 

(h) The person's cooperation with regulatory authorities, including voluntary disclosure and prompt subsequent efforts to comply 

with applicable regulations and to remedy 

harm caused by the violation; 

(i) The appropriate regulatory agency's 

current and past policy and practice regarding the enforcement of the applicable environmental law; and 

(j) The person's good faith effort to comply with the law to the extent practicable. 

(3) In order to promote consistency and 

uniformity in prosecutorial policies, the Attorney General, iri consultation with the Oregon District Attorneys Association, and 

after appropriate opportunity for public comment, shall adopt model guidelines for prosecution of environmental crimes. The 

Attorney General's model guidelines shall 

provide for consideration and application of 

the factors described in subsection (2) of this 

section. A district attorney may fulfill the 

district attorney's responsibility under subsection (2) of this section by adopting the 

Attorney General's model guidelines. 

(4) Prior to or in conjunction with the . 

filing of felony charges under ORS 468.922 to / 

468.956, the district attorney or the Attorney' 

General shall file a certification with the 

court that the guidelines described in subsections (2) arid (3) of this sectiori have been 

applied and that, in the opinion of the district attorney or Attorney General, as the 

case may be, the criminal charges are being 

filed in accordance with the guidelines. [1993 

c.422 §19] 

Note: Legislative Counsel has substituted "ORS 

468.922 to 468.956" for the words "this 1993 Act" m 

sections 19 and 20, chapter 422, Oregon Laws 1993, 

compiled as 468.961 and 468.963. Other ORS references 

have not been substituted, pursuant to 173.160. These 

sections may be determined by referring to the 1993 

Comparative Section Table located in .Volume 20 of 

ORS. 

468.962 Notice to Department of Revenue of environmental felony. If a person 

is convicted of a felony under ORS 468.922 

to 468,956, the. county district attorney or the 

Attorney General, whichever was the prosecuting officer, shall give notice bf the cbriviction to the Department of Revenue. [2001 

c.928 §8] 

468.963 Environmental audit privilege; 

exceptions; burden of proving privilege; 

waiver; disclosure after in camera review^. (1) In order to encourage owners and 

operators of facilities and persons conducting 

other activities regulated under ORS 824.050 

to 824.110 or ORS chapter 465, 466, 468, 

468A, 468B or 825, or the federal, regional or 

local counterpart or extension of such statutes, both to conduct voluntary intemal environmental audits of their compliance 

programs and management systems and to 

Titie 36 Page 901 (2009 Edition) 
'•^ p 

468.963 PUBLIC HEALTH AND SAFETY 

assess and improve compliance with such 

statutes, an environmental audit privilege is 

recognized to protect the confidentiality of 

communications relating to such voluntary 

internal environmental audits. 

(2) An Environmental Audit Report shall 

be privileged and shall not be admissible as 

evidence in any civil or administrative proceeding, except as provided in subsections (3) 

and (4) of this section. The privilege provided 

in this subsection does not apply to a criminal investigation or proceeding. When an 

Environmental Audit Repbrt is obtained in 

connection with a criminal investigation or 

proceeding^ the privilege provided in this 

subsection related to civil or administrative 

proceedings is not waived. 

(3)(a) The privilege described in subsection (2) of this, section does not apply to the 

extent that it is waived expressly or by,implication by the owner or operator of a facility or persons conducting an activity that 

prepared or causied to be prepared the Environmental Audit Report. The release pf an 

Environmental Audit Report by the owner or 

operator of a facility to any party or to any 

public body for purposes of riegotiating, arranging or facilitating the sale, lease, or financing of a property or a facility, or a 

portion of a property or facility: 

(A) Is not a waiver of the privilege; and 

(B) Does not create a right for a public 

body to require the release of an Environmental Audit Report. 

(b) In a civil or administrative proceeding, a court bf recbrd, after in camera review 

cbnsisterit with the Oregbn Rules of Ciyil 

Procedure, shall require disclosure pf material for which the privilege described in subsection (2) of this section is asserted, if such 

.court determines that: 

(A) The privilege is asserted for a 

fraudulent purpose; 

(B) The material is not subject to the 

privilege; or 

(C) Even if subject to the privilege, the 

material shows evidence of noncompliance 

with ORS 824.050 to 824.110 or ORS chaptiei465, 466, 468, 468A, 468Bor 825, or with the 

federal, regional or local counterpart or extension of such statutes; appropriate efforts 

to achieve compliance with' which were not 

promptly iriitiated and pursued with reasonable diligence: 

(c) A party asserting the environmental 

audit privilege described in subsection (2) of 

this section has the burden of proving the 

privilege, including, if there is evidence of 

noncompliance with ORS 824.050 to 824.110 

or ORS chapter 465, 466, 468, 468A, 468B or 

825, or the federal, regional or local 

counterpart or extension of such statutes, 

proof that appropriate efforts to achieve 

compliance were promptly initiated and pursued with, reasonable diligence. A party 

seeking disclosure under subsection (3)(b)(A) 

of this section has the burden of proving that 

the privilege is asserted for a fraudulent 

purpose. 

(4)(a) A district attorney, the Attorney 

General or a governmental agency having 

probable cause to believe an offense has been 

committed under ORS 468.922 to 468.956 

based upon information obtained from a 

source independent of an Environmental Audit Report, may obtain an Environmental 

Audit Report for which a privilege is asserted under subsection (2) of this section 

pursuant to search warrant, criminal subpoena or discovery as allowed by ORS 

135.835. The district attomey, Attomey Greneral or governmental agency shall immediately place the report under seal and shall 

not review or disclose its contents. 

(b) Within 30 days of the district attorney's, Attomey General's or governmental 

agency's obtaining an Environmerital Audit 

Report, the owner or operator who prepared 

or caused to be prepared the report may file 

with the appropriate court a petition requesting an in camera hearing on whether 

the Environmental Audit Report or portions 

thereof are privileged under this section or 

subject to disclosure. Failure by the own6r 

or operator tp file such petition shall waive 

the privilege. 

(c) Upon filing of such petition, the court 

shall issue an order scheduling an in camera 

hearing, within 45 days of the filing of the 

petition, toMetermine whether the Environmental Audit Report or portions thereof aire 

privileged under this section or subject to 

disclosure. Such order further shall allow the 

district attorney, Attorney General pr governmental agency to remove the seal from 

the report to review the report emd shall 

place appropriate limitations on distribution 

and review of the report to protect against 

unnecessary disclosure. The district attomey, 

Attomey General or: governmental agency 

may consult with enforcement agencies regarding the conterits of the report as necessary to prepare for the in camera hearing. 

However, the information used in preparation for the in camera hearing shall riot be 

used in any investigation or in any prpceeding against the defendant, and shall otherwise be kept confidential, unless and until 

such information is found by the court to be 

subject to disclosure. 

(d) The parties may at any time stipulate 

to entry of an order directing that specific 

information contained in em Environmental 

Audit Report is or is not subject to the privTitle 36 Page 902 (2009 Edition) 
ENVIRONMENTAL QUALITY GENERALLY 468.996 

i 

ilege provided under subsection (2) of this 

section. 

(e) Upon making a determination under 

subsection (3)(b) of this section, the court 

may compel the disclosure only of those portions of an Environmental Audit Report relevant to issues in dispute in the proceeding. 

(5) The privilege described in subsectibn 

(2) of this section shall not extend to: 

(a) Documents, cbmmunicatibns, data, reports or other information required to be 

collected, developed, maintained, reported or 

otherwise made available to a regulatory 

agency pursuant to ORS 824.050 to 824.110 

or ORS chapter 465, 466, 468, 468A, 468B or 

825, or'other federal, state or local law, prdinance, regulation, permit or order; 

(b) Information obtained by observation, 

sarhpling or monitoring by any regulatory 

agency; or 

(c) Information obtained from a source 

independent of the environmental audit. 

(6) As used in this section: 

(a) "Environmental audit" means a voluntary, internal and comprehensive evaluation of one or more facilities or an activity 

at one or more facilities regulated under 

ORS 824.050 to 824.110 or ORS chapter 465, 

466, 468, 468A, 468B or 825, or the federal, 

regional or local counterpart or extension of 

such statutes, or of management systems related to such facility or activity, that is designed to identify and prevent noncompliance 

and to improve compliance with such statutes. An environmental audit may be conducted by the owner or operator, by the 

owner's or operator's employees or by independent contractors. 

(b) "Environmental Audit Report" means 

a set of documents, each labeled "Environmental Audit Report: Privileged Document" 

and prepared as a result of an environmental 

audit. An Environmental Audit Report may 

include field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, 

photographs, computer-generated or electronically recorded information, maps, charts, 

graphs and surveys, provided such supporting 

information is collected or developed for the 

primary purpose and in the course of an environmental audit. An Environmental Audit 

Report, when completed, may have three 

components: 

(A) An audit report prepared by the auditor, which may include the scope of the 

audit, the information gained in the audit, 

conclusions and recommendations, together 

with exhibits and appendices; 

(B) Memoranda and documents analyzing 

portions or all of the audit report and potentially discussing implementation issues; and 

(C) An implementation plan that addresses correcting past noncompliance, improving current compliance and preventing 

future noncompliance. 

(7) Nothing in this section shall limit, 

waive or abrogate the scope or nature of any 

statutory or common law privilege, including 

the work product doctrine and the attorneyclient privilege. [1993 c.422 §20; 1997 c.320 §1; 2001 

C.630 §1] 

Note: See note under 468.961: 

468565 [1985 c.684 §10; 1989 c.958 §9; renumbered 

468.491 in 1993] 

468567 [1989 c.1072 §1; renumbered 459A.775 in 1991] 

468568 [1989 c.1072 §§2,3,4; renumbered 459A.780 in 

1991] 

468569 [1989 c.1072 §5; renumbered 459A.785 in 1991] 

468570 [1987 c.695 §1; 1989 c.958 §9; renumbered 

454.430 in 1989] 

468573 [1987 c.695 §2; renumbered 454.433 in 1989] 

468575 [1987 c.695 §§3,11; renumbered 454.436 m 

1989] 

468577 [1987 c.695 §§4,5,8; renumbered 454.439 in 

1989] 

468580 [1987 c.695 §6; renumbered 454.442 in 1989] / 

468583 [1987 c.695 §7; renumbered 454.445 in 1989] " 

468590 [1973 c.835 §28; subsection (5) formerly part 

of 448.990, enacted as 1973 c.835 §177a; 1989 c.859 §6; 1991 

c.764 §7; renumbered 468B.990 in 1991] 

468592 [1973 c.835 §26; repealed by 1993 c.422 §35] 

468595 [1973 c.835 §27; subsection (6) enacted as 

1975 c.366 §3; 1983 c.338 §938; 1991 c.920 §20; renumbered 

468A.990 in 1991] 

CIVIL PENALTIES 

468.996 Civil penalty for intentional or 

reckless violation; rules. (1) In addition to 

any other penalty provided by law, any person who intentionally or recklessly violates 

any provision of ORS 164.785, 459.205 to 

459.426, 459.705 to 459.790, ORS chapters 465, 

466 or 467 or 468, 468A and 468B or any mle 

or standard or order of the Environmental 

Quality Commission adopted or issued pursuant to ORS 459.205 to 459.426, 459.705 to 

459.790, ORS chapters 465, 466 or 467 or 468, 

468A and 468B, which results in or creates 

the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment shall 

incur a civil penalty not to exceed $100,000. 

The Environmental Quality Commission shall 

adopt by rule a schedule and the criteria for 

determining the amount of a civil penalty 

that may be imposed for an extreme violation. 

(2) As used in this section: 

(a) "Intentionally" means conduct by a 

person with a conscious objective to cause 

the result of the conduct. 

Titie 36 Page 903 (2009 Edition) 
k468.997 PUBLIC HEALTH AND SAFETY 

(b) "Recklessly" means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk 

that the result will occur or that the circumstance exists. The risk must be of such 

nature and degree that disregard thereof 

constitutes a gross deviation from the standard of care a reasonable person would observe in that situation. [1991 c.650 §2] 

Note: The amendments to 468.996 by section 15, 

chapter 267, Oregon Law's 2009, become operative January-1, 2011, and apply to violations occurring oh; 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. 

468596. (1) In addition to any other, penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 

459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 

or 468, 468A and 468B or any rule or standard or order 

of the Environmental Quality Commission adopted or 

issued jiursiiant tb ORS 459.205 to 459.426, 459:705 to 

459.790,^ ORS chapters 465, 466 or 467 or 468, 468A and 

468B, which results in or creates the imininent hkehhpod for:an extreme hazard, to the public; health or 

which causes extensive damage to the environment shall 

inciir a civil penalty not to exceed $250,000. The Environmental Quality Commission shall adopt by rule a 

schedule and the criteria for determining the amount 

of a ciyil penalty that may be imposed for an extreme 

violation. 

(2) As used in this section: 

(a) "Intentionally" means conduct by a person with 

a conscious objective to cause the result of tlie conduct. 

(b) "Recklessly" means conduct by a person who is 

aware of and consciously disregards a substantial and 

uiijustifiable risk that the result will occur or that the 

circumstance exists. The . risk must be of such nature 

and degree that disregard, thei-eof constitutes a gross 

deviation from the standard of care a reasonable person 

would observe in that situation. 

468.997 Joinder of certain offenses. 

Where any provision of ORS 448.305, 454.010 

to 454.040,. 454.205 to 454.255, 454.505 to 

454.535, 454.605 to 454.755 and ORS chapters 

468, 468A and 468B provides that each day 

of violation of ORS 448.305, 454.010 to 

454.040, 454.205 to 454.255, 454.505 to 454.535, 

454,605 tp 454.755 or a section of ORS chapters 468, 468A and 468B constitutes a separate offense, violatioris of that section that 

occur within, the same court jurisdiction may 

be joined in one indictment, or complaint, or 

information, in several counts. [Formerly 

449.992] 

Title 36 Page 904 (2009 Edition)