Chapter 465 

2009 EDITION 

Hazardous Waste and Hazardous Materials I 

REDUCTION OF USE OF TOXIC 

SUBSTANCES AND HAZARDOUS WASTE 

GENERATION 

4S5Xm Definitions for ORS 465.003 to 4(85.034 

465.006 PoUcy 

465.009 Rules 

465.012 Technical assistance to users and generators; priority; restrictions on enforcement 

resulting from technical assistance; rules 

465.015 Toxics use and hazardous/waste reduction 

plan required; composition:; exemption; 

retention at facility 

465.018 Notification of Department bf Environmental Quality upon completion bf plan 

or system; implementation summary required; inspection of plan or system : 

465.021 Review of plan or. system; notification, of 

inadequacies in plan, system or summary; 

revisions; penalty 

465.027 Contract for assistance with higher education institution. 

465.032 Form of implementation summary; information required 

465.034 Apphcation of ORS 465.003 to 465.034 

<K5.037 Short title 

BULK PETROLEUM PRODUCT 

. WITHDRAWAL REGULATION 

465.101 Definitions for,pRS 465.101 to 465.131 , 

465.104 . Fees for petroleum product; delivery or 

withdrawals; exceptions; registration of 

facility operators 

465.106 Amount of fee to be set by State Fire 

Marshal ' 

465.111, Department of Revenue to cbUect fee; exemption fc^om fee of protected petroleum 

•! products . > 

465.114 Extension of time for paying fee; interest 

on-extended payment 

465.117 Records of petroleiun products transactions; inspection by Department of Revenue 

465.121 Rules 

465.124 Application of ORS chapters 305 and 314 

to fee collection 

465.127 Disposition of fees; administrative expenses; other uses 

465.131 Fee imposed by ORS 465.104 in addition to 

fees established by local government 

REMOVAL OR REMEDIAL ACTION 

(Generally) 

465.200 Definitions for ORS 465.200 to 465.545 

465.205 Legislative findings 

465.210 Authority of department for removal or 

remedial action 

465.215 List of facilities with confirmed release 

465.220 Comprehensive statewide identification 

program; notice 

465.^5 Inventory of facilities needing environmental controls; preliminary assessment; 

notice to operatbr", criteria for adding facilities to inventory 

465.230 Removal of facilities fi^m inventory; criteria 

465.235 Public inspection of inventory; information included in inventory; organization; 

report; action plan 

465.240 Inventory listing not prerequisite to other 

remedial action 

465.245 Preliminary assessment of potential facil-

.,ity , 

465.250 . Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality 

465.255 Strict liability for remedial action costs 

for injury or destruction of natural resource; limited exclusions ••• 

465.257 Right of contribiitipii fi:om other person 

liable for remedial action costs; allocation 

of orphan share 

,465.260; Removal or remedial action; reimburse- f 

ment of costs; liability; damages 

465.265 "Person" defined-for ORS 465.265 to 465.310 

465.270 Legislative findings and intent 

465.275 Remedial action aiid financial assistance 

program; contracts for implementation 

465.280 Rules; insuring tax deductibility of interest on boiids 

465.285 Requirements for financial assistance; 

contents of. agreements 

465.290 Financial assistance agreeinent not General Fund obligation; cost estimaties; security; recovery of costs; ^ compromise of 

.obligations; 

465.295 Decision regarding financial assistance 

not subject to judicial review 

465.300 Records and financial assistance applications exempt from disclosure as public 

record 

465.305 Application fees 

465310 Accounting procedm* for financial assistance moneys 

465.315 Standards for degree of cleanup required; 

Hazard Index; risk protocol; hot spots of 

contamination; exemption; rules 

465.320 Notice of proposed cleanup action; ireceipt 

and consideration of comment; notice of 

approval 

465.325 Agreement to perform removal or remedial action; reimbursement; agreement as 

order and consent judgment; effect on liability 

465^7 Agreement to release party from potential 

liability to state to facilitate cleanup and 

reuse of property; eligible parties; terms 

of agreement 

465.330 State remedial action costs; payment; effect of failure to pay 

Title 36 Page 763 (2009 Edition) 
I - • 

ii: ; 

PUBLIC HEALTH AND SAFETY 

465.333 Recovery of costs of program development, rulemaking and administrative actions as remedial action costs'; 

determination of allocable costs 

465.335 Costs, penalties and damages as lien; enforcement of lien 

465.340 Contractor liability; indemnification 

465.375 Monthly fee of operators; amount; use of 

moneys 

465.376 Special . hazardous Waste management 

fees; use of fees 

465378 Department to work with other states to 

avoid disruption of waste flows 

465381 Hazardous . Substance Remedial Action 

Fund; sources; uses; Orphan Site Account; uses 

465386 Commission authorized to increase fees; 

basis of increase; amount of increase 

465391 Effect of certain laws on liability of per-

' •• so n ' . • •• 

465.400 Rules; designation of hazardous substance 

465.405 Rules; "confirmed releiase"; "preliminary 

assessment"' 

465.410 Ranking of inventory according to risk; 

", ;, 'rules "' ^ ."_., • ;" , , '• 

465.420 Remedial Action Advisory Committee 

465.425 "Security interest holder" defined for ORS 

; 465.430 to 465.455 

465.430 Legislative findings 

465.435' Rules relating^ to exemption from liability 

for security interest holder ' 

465440. ' Rules relaiting to exemption frx>m liability 

for fiduciary 

465.445 Advisory committee 

465.450 >. Limitation on. commission's discretion to 

adopt'rules 

465.455 Construction of ORS 4651425 to ,465.455 

' (Oregbn EnvironinentalCleaiiup Assistance) 

465475 Definitions ifor ORS 465.475 to 465.480 , 

465.478;_. Le^slaitive findings 

465479! ;Lost policies; investigation by insurer required; minimum standards for investigation 

465480 Insurance for environmental claims; rules 

of construction; duty to pay defense or 

indemnity costs; allocation 

465.482 Short title 

(Cleanup of Contamination Resulting 

From Dry Cleaning Facilities) 

465.500 Purpose 

465.503 Exemption from administrative or judicial 

action to compel removal or remedial action; exemption froni liability; exceptions; 

limitations 

465..505 Waste minimization requirements for. dry 

cleaning facilities; annual report; reportable release; rules 

465.5()7 Dry .cleaning advisory group 

465^10 Dry Cleaner Environmental Response Account; use;, deductible amounts for expenditures 

465517 Annual fee and gross revenue fee for dry 

. . ^ cleaning facilities 

465.520 Fee; on. sale or transfer of dry cleaning 

. I solvent; exemption. 

465.523 - Fee on use of dry cleaning'solvent 

465.525 ' Calculation of fee for partial gallons; refund or credit 

465.527 Reporting of fees 

465.531' Department" of Environmental Quality 

may contract for collection of fees 

4651536 Late charges; ehfbrceinent by Department 

of Revenue 

465.545 Suspension of dry cleaning fees; recbinmendation to Legislative Assembly 

CHEMICAL AGENTS 

465.550 Definitions for ORS '465.550 and 465.555 

465.555 County assessmieht of effects of m^o r re-

' covery or remedial action at storage or 

disposal site for chemical agents; annual 

fee 

CIVIL PENALTIES 

465.900 Civil penalties, ^for violation of removal or 

...remedial actions ,/•.. 

465.992 Civil penalty for failure to piay fees 

Title 36 Page 764 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.006 

REDUCTION OF USE OF TOXIC 

SUBSTANCES AND HAZARDOUS 

WASTE GENERATION 

465.003 Definitions for ORS 465.003 to 

465.034. As used m ORS 465.003 to 465.034: 

(1) "Conditionally exempt generator" 

means a generator that generates less than 

2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less 

than 220 pounds of hazardous waste in one 

calendar month. 

(2) "Facility" means all buildings, equipment, structures and other stationary items 

located on a single site or on contiguous or 

adjacent sites and owned or operated by the 

same person or by. any person that controls, 

is controlled by or under common control 

with any person. 

(3) "Fully regulated generator" means a 

generator that generates 2.2 pounds or more 

of acute hazardous waste as defined by 40 

C.F.R. 261, or 2,200 pounds or more of hazardous waste in one calendar month. 

(4) "Generator" means a person that, by 

virtue of ownership, management or control, 

is responsible for causing or allowing to be 

caused the creation of hazardous waste. 

(5) "Hazardous waste" has the meaning 

given that term m.ORS 466.005. 

(6) "Large user" means a facility required 

to submit a uniform toxic chemical release 

form under 42 U.S.C. 11023. 

' (7) "Person" includes person, public body, 

as defined in ORS 174.109, the federal government or 2my other legal entity. 

(8) "Small-quantity generator" means a 

generator that gerierates between 220 and 

2,200 pounds bf hazardous waste in one calendar month. 

(9) "Toxic substance" or "toxics" means 

any subsliance, other than a substance used 

as a pesticide in routine commercial agricultural applications, in a gaseous, hquid or 

solid state specified on the list of, toxic 

chemicals generated pursuant to 42 U.S.C. 

11023, or any substance added by, the Environmental .Quality Comihission uiider ORS 

465.009. 

(10) "Toxics use" means use or production of a toxic substance. 

(11) "Toxics use reduction" means inplant changes in production or other processes or operations, products or raw 

materials that reduce, avoid or eliminate the 

use or production of toxic substances without 

creating substantial new risks to public 

health, safety and the environment, through 

the application of any of the following techniques: 

(a) Input substitution, achieved by replacing a toxic substance or raw material 

used in a production or other process or operation with a nontoxic or less toxic substance; 

(b) Product reformulation, achieved by 

substitiiting for an existing end product, an 

erid product that is nontoxic or less toxic 

upon use, release or disposal; 

(c) Production or other process or operation redesign or modifications; 

(d) Production or other process or operation modernization, achieved by upgrading or 

replacing existing equipment and methods 

with other equipment and methods; 

(e) Improved operation and maintenance 

controls of production or other process or 

operation equipment and methods, achieved 

by modifying or adding to existing equipment 

or methods including, but not limited to, 

techniques such as improved housekeeping 

practices, system adjustments, product and 

process inspections or production or other 

process or operation control equipment or 

methods; or 

(f) Recycling, reuse or extended use of 

toxics by using equipment or methods that 

become an integral part of the production or 

other process or operation of concern, including but not limited to filtration and 

other methods. 

(12) "Toxics user" means a large user, a 

fully regulated generator or a small-quantity 

generator. 

(13) "Waste reduction" means: 

(a) Any activity conducted, after hazardous waste is generated' that . is consistent 

with the general goal of reducing present 

arid future threats to public health, safety 

and the environment-and that results in: 

(A) The reduction of total volume or 

quantity of hazardous waste generated that 

would otherwise be treated, stored or disposed of; 

(B) The reduction of toxicity of hazardous 

waste that would otherwise be treated, 

stored or disposed of; or 

(C) Both the reduction of total volume or 

quantity and the reduction of toxicity of 

hazardous waste; . 

(b) On-site or off-site treatment where the 

treatment can be shown to confer a higher 

degree of protection of the public health, 

safety and the environment than other technically and economically practicable waste 

reduction altematives. [198^ c.833 §2; 2005 c.206 

§3] • 

465.006 Policy.; (1) In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares 

Title 36 Page 765 (2009 Edition) 
465.009 PUBLIC HEALTH AND SAFETY 

that it is the policy of the State of Oregon 

to encourage reduction in the use of toxic 

substances and to reduce the generation of 

hazardous waste whenever technically and 

economically practicable, without shifting 

risks from one part of a process, environmental media or product to another. Priority 

shall be given to methods that reduce the 

amount of toxics used and, where that is not 

technically and economically practicable, 

methods that reduce the generation of hazardous waste. 

(2) The Legislative Assembly finds that 

the best means to achieve the policy set 

forth in subsection (1) of this section is by: 

(a) Providing toxics users and generators 

with technical assistance; 

(b) Requiring toxics users to engage in 

cbmprehensive planning and develop measurable performance goals; arid 

(c) Monitoring the use of toxic substances and the generation of hazardous 

waste . [1989 c.833 §3] 

J 465.009 Rules. The Environmental Qual-

-' ity Commission by rule may: 

(1) Add or remove any toxic substance or 

hazardous waste from the provisions of ORS 

465.003 to 465.034; and 

(2) Modify the definition of "large user" 

to coincide with the amounts specified in 

federal regulations for the reporting of toxic 

chemical releases. [1989 c.833 §4; 2005 c.206 §4] 

465.010 [Amended by 1971 c.743 §371; repealed by 

1989 C.846 §15] , ' 

....' / : ' • ^ • -

465.012 Technical assistance to users 

and generators; priority; restrictions on 

enforcement resulting from technical assistance; rules. (1) The Departriient of Envirorimental Quality shall provide technical 

assistance to toxics users and cbriditionally 

exempt generators. In identifying the users 

and generators to which the department 

shall give priority in providing technical assistance, the department shall consider at 

least the following: 

, (a) Amounts and toxicity of toxics used 

and amounts of hazardous waste disposed of, 

discharged and released; 

(b) Potential for current and future toxics 

use reduction and hazardous waste reduction; and 

(c) The toxics related exposures and risks 

posed to public health, safety and the environment. 

(2) In providing technical assistance, the 

department shaill give priority to assisting 

toxics users and conditionally exempt generators in completing and implementing an adequate toxics use reduction and hazardous 

waste reduction plan under ORS 465.015. 

The assistarice may include but need not be 

limited to: 

(a) Information clearinghouse activities; 

(b) Telephone hotline assistance; 

(c) Toxics use reduction and hazardous 

waste reduction training workshops; 

(d) Establishing a technical publications 

library; 

(e) The development of a system to evaluate the effectiveness of toxics use reduction 

and hazardous waste reduction measures; 

(f) The development of a recognition program to publicly acknowledge toxics users 

and conditionally exempt generators that 

complete and implement successful toxics use 

reduction and hazardous waste reduction 

plans; and 

(g) Direct on-site assistance to tbxics users and conditionally exempt generators in 

completing the plans. 

(3) The depiartment shall: 

(a) Coordinate its technical assistance 

efforts with industry trade associations and 

local colleges and universities as appropriate. 

(b) Follow up with toxics users that receive technical assistance to determine 

whether the user or generator implemented 

a toxics use reduction arid hazardous waste 

reduction plan. 

(c) Coordinate and work with local agencies to provide technical assistance to businesses involved in the crushing of motor 

vehicles concerning the safe renibval arid 

proper disposal of mercury light switches 

from motor vehicles. 

(4) Technical assistance Services provided 

under this section shall not result in inspections or other enforcement actions unless 

there is reasonable cause to believe there 

exists a clear and immediate danger to the 

public health and safety or to the envirorimerit. The Environmental Quality Conunission may develop rules to carry out the 

intent of this subsection-. [1989 c.833 §5; 2001 c.924 

§9; 2005 c.206 §5] , . 

465.015 Toxics use and hazardous 

waste reduction plan required; composition; exemption; retention at facility. (1) 

Except as provided in subsectiori (2) of this 

section, a person shall, within 120 days after 

notification in writing by the Department of 

Environmental Quality that the person meets 

the definition of a toxics user, complete a 

toxics use reduction and hazardous waste reductiori plan. At a minimum, a plan shall include: 

(a) A written policy articulating organizational support for the toxics use reduction 

and hazardous waste reduction plan and a 

Title 36 Page 766 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.021 

commitment by the organization to implement plan goals. 

(b) A description of its scope and objectives, including the evaluation of technologies, procedures and personnel training 

programs to ensure unnecessary toxic substances are not used and unnecessary waste 

is not generated. 

(c) Internal analysis and periodic assessment of individual processes for toxics use 

and hazardous waste generation. 

(d) Identification of opportunities to reduce or eliminate toxics use and hazardous 

waste generation. 

(e) Employee awareness and training 

programs that involve employees -in toxics 

use reduction and hazardous waste reduction 

planning and implementation. 

(f) Institutionalization of the plan by incorporating the plan into management practices and procedures. • 

(2) A person is not required to complete 

a plan if the person has implemented an environmental management system, as defined 

in ORS 468.172. 

(3) A toxics user shall incorporate into 

the plan and associated decision-making 

process, the costs of using toxic substances 

and generating hazardous waste. The costs 

may represent, among other things, the cOsts 

of management, liability insurance, regulatory compliance and oversight. 

(4) As part of each plari, a toxics user 

shall evaluate technically and economically 

practicable toxics use reduction and hazardous waste reduction opportiinities for: 

(a) Any toxic substance for which the 

toxics user reports as a large user; and 

(b) Any hazardous waste representing 10 

percent or more by weight ofthe cumulative 

hazardous waste stream generated per year. 

(5) A toxics user shall explain the rationale for each toxics use reduction and 

waste reduction opportunity specified in the 

plan, including any impediments, such as 

technical or economic barriers, to toxics use 

reduction and hazardous waste reduction. 

(6) A toxics use reduction and hazardous 

waste reduction plan developed; under this 

section or the documentation for an environmental management system;shall.be retained 

at the facility. To the extent that a plan or 

system may be considered a public record 

under ORS 192.410, the inforniation contained in the plan or system is confidential 

and is exempt fi-om, public disclosure pursuant to ORS 192.502. 

(7) It is the policy of this state that plans 

developed under this section be kept current 

and that the plans reflect changes in toxics 

use over time. In furtherance of this policy, 

a toxics user may update its plan or modify 

its environmental management system to reflect any changes. [1989 c.833 §7; 1997 c.384 §1; 2005 

c.206 §6] 

465.018 Notification of Department of 

Environmental Quality upon completion 

of plan or system; implementation summary required; inspection of plan or system. (1) Following completion of a toxics use 

reduction and hazardous waste reduction 

plan imder ORS 465.015 or implementation 

of an environmental management system, a 

toxics user shall notify the Department of 

Environmental Quality in a form determined 

by the department that the plan or system is 

in place. 

(2) Twelve months after notifying the department under subsection (1) of this section, 

the toxics user shall provide an implementation summary to the department. 

(3) Twenty-four months after notifying 

the department under subsection (1) of this 

section, the toxics user shall provide a second implementation summary to the department. 

(4) A toxics user shall permit the Direc- / 

tor of the Department of Environmental .' 

Quality or the director's designee to inspect 

a plan or system to allow the department to: 

(a) Determine the adequacy of the plan 

or system under ORS 465.021; 

(b) Assess the implementation of the plan 

or system; and 

(c) Provide technical assistance under 

ORS 465.012. 

(5) The depEirtment shall make implementation summaries submitted to the department under this section available to the 

public, including making the summaries 

available in a commonly used, electronic format on the World Wide Web. [1989 c.833 §8; 2005 

c.206 §7] 

465.020 [Amended by 1979 c.284 §151; repealed by 

1989 c.846 §15] 

465.021 Review of plan or system; notification of inadequacies in plian, system 

or summary; revisions; penalty. (1) The 

Department of Environmental Quahty may 

review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental 

management system. 

(2) If a toxics user fails to complete an 

adequate plan, implement an adequate system or submit an adequate implementation 

summary, the department may notify the 

toxics user ofthe inadequacy, identifying the 

specific deficiencies. The department also 

may specify a reasonable time frames of not 

less than 90 days, within which the toxics 

user shall modify the plan, system or impleTitle 36 Page 767 (2009 Edition) 
465.027 PUBLIC HEALTH AND SAFETY 

mentation summary to address the specified 

deficiencies. The department also may make 

technical assistance available to aid the toxics user in modifying its plan, system or iriiplementation summary. 

(3) If the department determines that a 

modified plan, system or implementation 

summary is inadequate, the department may 

require that further modifications be ttiade 

within a time frame specified by the departmerit. 

(4) If after having received notice of 

specified deficiencies from the department, a 

toxics user fails to develop an adequate plan, 

system or summary within a time frame 

specified pursuant to subsection (2) or (3) of 

this section, the department may assess a 

civil penalty in the manner provided by ORS 

183.745 in ari amount not to exceed $500 for 

each day that the toxics user fails to develop 

an adequate plan, system or summary. 

(5) In reviewing the adequacy of any 

plan, system or summary, the department 

shall base its determination solely on 

whether the plan, system or summary is 

complete and prepared in accordance with 

ORS 465.015 or 465.032. [1989 c.833 §9; 2005 c.206 

§81 , . . 

465.024 [1989 c.833 §10; 1997 c.384 §2; repealed by 

2005 c.206 §11] 

465«027 Contract for assistance wit h 

higher education institution., Subject to 

available funding, the Department of Environmental Quality shall contract with an established institution of higher education to 

assist the department in carrying out the 

provisions of ORS 465.003 to 465.034. The assistEince shall emphasize strategies to encourage toxics use reduction and hazardous 

waste reduction and shall provide assistance 

;tG faciUties xmder ORS 465.003 to 465.034. 

The assistance may include but need not be 

limited to: 

(1) Engineering internships; 

(2) Engineering curriculum development; 

(3) Applied toxics use,reduction and hazardous waste reduction research; £ind; 

(4) Engineering assistance to users and 

generators. [1989 c.833 §12] 

465.030 [Repealed by 1989 c.846 §15] 

465J031 (1989 c.833 §14; repealed by 2005 c.206 §11] 

465.032 Form of implementation summary; information required. An implementation summary submitted to the Department 

of Environmental Quality under ORS 465.018 

shall be in a form determined by the department and shall include, but not be limited to: 

(1) A,summary bf how the toxics use reduction and hazardous waste reduction plan 

or environmental management system has 

been implemented; 

(2) A description of specific successes 

that the toxics user has had in reducing the 

use of toxic substances or the generation of 

hazardous wastes; 

(3) An estimate of the challenges and 

impediments to implementing and evaluating 

toxics use reduction and hazardous waste reduction opportunities; and 

(4) A description of future plans for toxics use reduction and hazardous waste reduction. [2005 c.206 §2] 

465.034 Application of ORS 465.003 to 

465.034. Notwithstanding any provision of 

ORS 465.003 to 465.034, nothing in ORS 

465.003 to 465.034 apphes to: 

(1) Hazardous wastes generated from a 

removal, as defined in ORS 465.200, or fi"om 

a one-time event. 

(2) A raw material that contains, a naturally occurring toxic substance and that is 

used in a process for which there is no substitute. [1989 c.833 §16; 2005 c.206 §9] 

465.037 Short title. ORS 465.003 to 

465.034 shall be known as the Toxics Use 

Reduction and Hazardous Waste Reduction 

Act. [1989 c.833 §1] 

465.040 [Amended by 1971 c.743 §372;, repealed by 

1989 c.846 §15] 

465.050 [Amended by 1971 c.743 §373; repealed by 

.1989 c.846 §15] . 

465.060 [Repealed by 1989 c.846 §15], 

465.070 [1989 Repealed by 1989 c.846 §15] 

465.090 [Amended by 1971 c.743 §374; repealed by 

1989 c.846 §15] 

465.100 [1977 C.850 §2; 1985 c.728 §83; 1987 c.914 §26; 

renumbered 464.430 in 1987] 

BULK PETROLEUM PRODUCT 

WITHDRAWAL REGULATION 

465.101 Definitions for ORS 465.101 to 

465.131. As used m ORS 465.101 to 465.131: 

(1) "Bulk facility^' mearis a facility, including pipeline terminals, refinery terminals, rail arid barge terminals and associated 

underground and aboveground tanks, connected or separate, from which petroleurii 

products are withdrawn from bulk and delivered into a cargo tank or barge used to 

transport those products. 

(2) "Cargo tank" means an asseriibly used 

for transporting, hauhng or delivering petroleum products and consisting of a tank having one or more compartments mounted On 

a wagon, truck, trailer, truck-trailer, railcar 

or wheels. "Cargo tank" does not include any 

assembly used for transporting, hauling or 

delivering petroleum products that holds less 

than 100 gallons in individual, separable 

containers. 

(3) "Department" means the Department 

of Revenue. 

'% 

Title 36 Page 768 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.121 

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

firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, 

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

federal government or any agency of the federal government. 

(5) "Petroleum product" means a petroleum product that is obtained from distilling 

and processing crude oil and that is capable 

of being used as a fuel for the propulsion of 

a motor vehicle or aircraft, including motor 

gasoline, gasohol, other alcohol-blended fuels, 

aviation gasoline, kerosene, distillate fuel oil 

and number 1 and number 2 diesel. The term 

does not include naphtha-type jet fuel, 

kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or 

fuel sold to vessels engaged in interstate or 

foreign commerce. 

(6) "Withdrawal from bulk" means the 

removal of a petroleum product from a bulk 

facility for delivery directly into a cargo tank 

or a barge to be transported to another location other than another bulk facility for 

use or sale in this state. [1989 c.833 §139] 

465.104 Fees for petroletim product 

delivery or withdraw£ds; exceptions; registration of facility operators. (1) The 

seller of a petroleuni product withdrawn from 

a bulk. facility, on withdrawal from bulk of 

the petroleum product, shall collect from the 

person who orders the withdrawal a petroleum products withdrawal delivery fee in the 

maximum amount of $10. 

(2) Any person who imports petroleum 

products in a cargo tank or a barge for delivery into a storage tank, other than a tank 

connected to a bulk facility, shall pay a petroleum products import delivery fee in the 

maximum amount of $10 to the Department 

of Revenue for each such delivery of petroleum products into a storage tank located in 

the state. , 

(3) Subsections (1) and (2) of this section 

do not apply to a delivery or import of petroleum products destined for export from 

this state if the petroleum products are in 

continuous. movement to a destination outside the state. . 

(4) The seller of petroleum products 

withdrawn from a bulk facility and each 

person importing petroleum products shall 

remit payment on a quarterly basis on January 1, April 1, July 1 and October 1. 

(5) Each operator of a bulk facility and 

each person who imports petroleum products 

shall register with the Department of Revenue at least 30 days prior to operating a 

bulk facility or importing a cargo tank of 

petroleum products. [1989 c.833 §140; 2005 c.22 §340] 

465.106 Amount of fee to be set by 

State Fire Marshal. The State Fire Marshal 

shall establish by rule the amount of the fee 

required under ORS 465.104 necessary to 

provide funding for the state's oil, hazardous 

material and hazardous substance emergency 

response program, as described in ORS 

465.127. [1993 C.707 §3] 

465.110 [Amended by 1953 c.540 §5; 1967 c.470 §62; 

1969 C.684 §16; ,1983 c.470 §6; repealed by 1989 c.846 §15] 

465.111 Department of Revenue to 

collect fee; exemption from fee of protected petroleum products. (1) The Department of Revenue shall collect the fee 

imposed under ORS 465.104. 

(2) Any petroleum product which the 

Constitution or laws of the United States 

prohibit the state from taxing is exempt from 

the fee imposed under ORS 465.104. [1989 c.833 

§142] , 

465.114 Extension of time for paying 

fee; interest on extended payment. The 

Department of Revenue for good cause may , 

extend, for not to exceed one month, the time / 

for payment of the fee due under ORS? 

465101 to 465.131. The extension may be 

granted at any time if a written request is 

filed with the department within or prior to 

the period for which the extension may be 

granted. If the time for payment is extended 

at the request of a person, interest at the 

rate established under ORS 305.220, for each 

month, or fraction of a month, from the time 

the pajonent was originally due to the time 

pajnment is actually made, shall be added and 

paid. [1989 c.833 §143] 

465.117 Records of petroleum products 

transactions; inspection by Department 

of Revenue. (1) Each Operator of a bulk facility and each person who imports petroleum products into this state shall keep at 

the person's registered place of business 

complete and accurate records of any petroleum products sold, purchased by or brought 

in or caused to be brought in to the place of 

business. 

(2) The Department of Revenue, upon 

oral or written reasonable notice, may make 

such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in 

carrying out the provisions of ORS 465.101 

to 465.131. [1989 c.833 §144] 

465.120 [Amended by 1979 c.284 §152; repealed by 

1989 c.846 §15] 

465.121 Rules. The Department of Revenue is authorized to" establish those rules 

and procedures for the implementation and 

enforcement of ORS 465:401 to 465.131 that 

are consistent with its provisions and are 

Title 36 Page 769 (2009 Edition) 
465.124 PUBLIC HEALTH AND SAFETY 

considered necessary and appropriate. [1989 

c.833 §145] 

465.124 Application of ORS chapters 

305 and 314 to fee collection. The provisions of ORS chapters 305 and 314 as to 

liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the 

Oregon Tax Court, stay of collection pending 

appeal, cancellation, waiver, reduction or 

compromise of fees, penalties or interest, 

subpoenaing and examining witnesses and 

books and papers, and the issuance of warrants and the procedures relating thereto, 

shall apply to the collection of fees,,penalties 

and interest by the Department of Revenue 

imder ORS 465.101 to 465.131, except where 

the context requires otherwise. [1989 c.833 §146; 

1995 c.650 §61] 

465.127 Disposition of fees; administrative expenses; other uses. All moneys 

received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited 

in the State Treasury and credited to a suspense account estabhshed under ORS 

293.445. After payment of administration expenses incurred by the department in the 

administration of QRS 465.101 to 465.131 and 

of refunds or credits arising from erroneous 

oVerpajmients, the balance of the money shall 

be credited to the appropriate accounts as 

approved by the Legislative Assembly to 

carry out the state's oil, hazardous material 

and hazardous substance emergency response 

program as it relates to the maintenance, 

operation and use of the public highways, 

roads, streets and roadside rest areas in this 

state as allowed by section 3a, Article IX Of 

the Oregon Constitution. [1989 c.833 §147; 1989 

c.935 §4; 1993 c.707 §1] 

465.130 [Repealed by 1989 c.846 §15] 

465.131 Fee imposed by ORS 465.104 in 

addition to fees established by local government. The fee imposed by ORS 4(55.104 is 

in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 

§1487 . : ... 

465.140 [Amended by 1989 c.846 §12; renumbered 

.105.570 in 1989] 

465.150 [Amended by 1953 c.540 §5; repealed by 1989 

c.846 §15] 

465.155 [1953 c.540 §4; repealed by 1989 c.846 §15] 

465.160 [Repealed by 1989 c.846 §15] 

465.170 [Repealed,by. 1989 c.846 §15] 

465.180 [Repealed by 1989 c.846 §15] 

REMOVAL OR REMEDIAL ACTION 

(Generally) 

465.200 Definitions for ORS 465.200 to 

465.545. As iised in ORS 465.200 to 465.545 

and 465.900: 

(1) "Claim" means a demand in writing 

for a sum certain. 

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

(3) "Department" means the Department 

of Environmental Quality. 

(4) "Director" means the Director of the 

Department of Environmental Quality. 

(5) "Dry Cleaner Environmental Response Account" means the account estabhshed under ORS 465.510. 

(6) "Dry cleaning facility" means any active or inactive facility located in this state 

that is or was engaged in dry cleaning apparel and household fabrics for the general 

public, and dry stores, other than a: 

(a) Facility located on a United States 

military base; 

(b) Uniform service or linen supply facility; or 

(c) Prison or other penal institution. 

(7) "Dry cleaning operator" means a person who has, or had, a business license to 

operate'a dry cleaning facility or a business 

operation that a dry cleaning facility is a 

part of. If a dry cleaning facility is operated 

without a business license, both the dry 

cleaning owner and any person directing the 

operations shall be considered the dry cleaning operator and shall be jointly , and severally liable for the fees and duties imposed 

on dry cleaning operators. 

(8) "Dry cleaning owner" riiearis a person 

who owns or owned the real property underl3dng a dry cleaning facility. ' ' 

(9) "Dry cleaning service" means: 

(a) The cleaning of garments or fabrics 

at a dry cleaning facility using a dry cleaning solvent and the pressing or alteration of 

garments or fabrics if those services are nbt 

charged for separately from cleaning; and 

(b) The services of a dry store. 

(10) "Dry cleaning solvent" riieans any 

noriaqueous solvent for use in the cleaning 

of garments or other fabrics at a dry cleianing facility, including but not limited to perchloroethylene and petroleum based solvents 

and the products into which dry cleaning 

solvents degrade. 

(11) "Dry store" means a facility - that 

does not include machinery using dry cleaning solvents, including but not limited to a 

pickup store, . dropoff store, call station, 

agency for dry cleaning, press shop, and 

pickup and delivery service not otherwise 

operated by a dry cleaning facility. 

(12) "Environment" includes the waters 

of the state, any, drinking water supply, any 

land surface and subsurface strata and ambient air. 

m 

'ft 

'-'irj 

•:4&i 

Title 36 Page 770 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.200 

(13) "Facility" means any building, structure, installation, equipment, pipe or pipeline 

including any pipe into a sewer or publicly 

owned treatment works, well, pit, pond, 

lagoon, impoundment, ditch, landfill, storage 

container, above ground tank, underground 

storage tank, motor vehicle, rolling stock, 

aircraft, or any site or area where a hazardous substance has been deposited, stored, 

disposed of, or placed, or otherwise come to 

be located and where a release has occurred 

or where there is a threat of a release, but 

does not include any consumer product in 

consumer use or any vessel. 

(14) "Fund" means the Hazardous Substance Remedial Action Fund established by 

ORS 465.381. 

(15) "Guarantor" means any person, 

other than the owner or operator, who provides evidence of financial responsibility for 

an owner or operator under ORS 465.200 to 

465.545 and 465.900.. 

, (16) "Hazardous substance" means: 

(a) Hazardous waste as defined in ORS 

466.005. 

(b) Any substance defined as a hazardous 

substance pursuant to section 101(14) of the 

federaT Comprehensive Environmental Response, Compensation and Liability Act, P.L. 

96-510, as amended,, and P.L. 99-499. 

; (c) Oil. ' . 

(d) Any substance designated by the 

commission under ORS 465.400. 

(17) "Inactive dry cleaning facility" 

means property formerly used, but not currently used, for providing dry cleaning ser-

•v^ices. 

• ; (18) "Natural resources" includes but is 

not limited to land, fish, wildlife, biota, air, 

surface water, ground water, drinking water 

supplies and any other resource owned, 

managed, held in trust or otherwise controlled by the State of Oregon or a political 

subdivision of the state. 

,. (19): "Oil" includes, gasoline, crude oil, 

fuel oil, diesel oil, lubricating oil, oil sludge 

ior refuse arid any other petroleum-related 

product; or waste; or fractiori thereof that is 

liquid at a temperature of 60 degrees 

Ffdirenheii and pressure of 14.7 pourids per 

square inch absolute. 

(20)."Owner or operator" means any person who owned,' leased, operated, controlled 

or exercised sigriificant control over the operation of a facility. "Owner or operator" 

does not include a person, who, without participating in the management of a facility, 

holds indicia of ownership primarily to protect a security interest in the facility. ; -, 

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

firm, joint stock company, joint venture. 

consortium, commercial entity, partnership, 

association, corporation, commission, state 

and any agency thereof, political subdivision 

of the state, interstate body or the federal 

government including any agericy thereof. 

(22) "Release" means any spilling, leaking, pumping, pouring, emitting, emptyirig, 

discharging, injecting, escaping, leaching, 

dumping or disposing into the environment 

including the abandonment or discarding of 

barrels, containers and other closed receptacles containing any hazardous substance, or 

threat thereof, but excludes: 

(a) Any release that results in exposure 

to a person solely within a workplace, with 

respect to a claim that the person may assert 

against the person's employer under ORS 

chapter 656; 

(b) Emissions from the engine exhaust of 

a motor vehicle, rolling stock, aircraft, vessel 

or pipeline pumping station engine; 

(c) Any release of source, by-product or 

special nuclear material from a nuclear incident; as those terms are defined in the 

Atomic Energy Act of 1954, as amended, if 

the release is subject to requirements with ' 

respect to financial protection established byy 

the Nuclear Regulatory Commission under 

section 170 of the Atomic Energy Act of 

1954, as amended, or, for the purposes of 

ORS 465.260 or any other removal or remedial action, any release of source by-product 

or special nuclear material from any processing site desigriated under section 

102(a)(1) or 302(a) of the Uraniuni Mill 

Tailings Radiation Control Act of 1978; and 

(d) The normal application of fertilizer. 

(23) "Remedial action" means those actions cbnsistent with a permanent remedial 

action taken instead ofor in addition to removal actions in the event of a release or 

threatened release of a hazardous substance 

into the environment, to prevent or minimize 

the release of a hazardous substance so that 

it does not migrate tb cause substantial dariger to present: Or future public health, safety, 

welfare br the environment. "Remedial action" includes, but is not limited to: 

(a) Such actions at the location of the 

release as storage, confinement, perimeter 

protection using dikes, trenches br ditches, 

clay cover, neutralization, cleanup of released hazardous substances and associated 

contairiinated materials, recycling or reuse, 

diversion, destruction, segregation of reactive wastes, dredging or excavations, repair 

or replacement of leaking containers, collection of leachate arid runoff, on-site treatment or incineration, provision of alternative 

drinking and household water supplies, and 

any monitoring reasonably required to assure 

Title 36 Pageo771 (2009 Edition) 
465.205 PUBLIC HEALTH AND SAFETY 

that the actions protect the public health, 

safety, welfare and the environment. 

(b) Offsite transport and offsite storage, 

treatment, destruction or secure disposition 

of hazardous substances and associated, contaminated materials. 

(c) Such actions as may be necessary to 

monitor, assess, evaluate or investigate a release or threat of release. 

(24) "Remedial action costs" means reasonable costs which are attributable to or 

associated with a removal Or remedial action 

at a facility, including but not limited to the 

costs of administration, investigation, legal 

or enforcement activities, contracts and 

health studies. 

(25) "Removal" means the cleanup or removal of a released hazardous substance 

from the environment, such actions as may 

be necessary taken in the event of the threat 

of release of a hazardous substance into the 

environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous 

substance, the disposal of removed material, 

or the taking of such other actions as may 

be necessary to prevent, minimize or mitigate 

damage to the public health, safety, welfare 

or to the environment, that may otherwise 

result from a release or threat of release. 

"Removal" also includes but is not limited to 

security fencing or other measures to limit 

access, provision of alternative drinking and 

household water supplies, temporary evacuation and housing of threatened individuals 

and action taken under ORS 465.260. 

(26) "Retail sale br transfer" means a 

trarisfer of title or possession, exchange or 

bariier, conditional or btherwise,. for a piri"-

jjbse other than resale in the ordinary course 

of busihess: 

,:. (27) "Transport" means the movement of 

a hazardous substance by any mode, including pipeline and in the case of a hazardous 

substance that has been accepted for transppri;atibn by a common or contract carrier, 

the term "transport" shall include any stoppage in transit that is temporary, incidental 

to the transportation movement, and at the 

ordinary operating convenience of a common 

oi' contract carrier, and any such stoppage 

shall be considered as a continuity of movemerit and not as the storage of a hazardoiis 

substance. 

(28) "Underground storage tank" has the 

meaning given that term in ORS 466.706. 

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

[Formerly 466.540; 1995 c.427 §1; 2001 c.495 §19; 2003 c.407 

§§23,24] . i 

465.205 Legislative findings. (1) The 

Legislative Assembly finds that: 

(a) The release of a hazardous substarice 

into the environment may present an imminent and substantial threat to the public 

health, safety, welfare and the environment; 

and 

(b) The threats posed by the release of a 

hazardous substance can be minimized by 

prompt identification of facilities and, iriiplementation of removal or remedial action. 

(2) Therefore, the Legislative Assembly 

declares that: 

(a) It is in the interest of the public 

health, safety, welfare and the environment 

to provide the means to minimize the hazards 

of and damages from facilities. 

(b) It is the purpose of ORS 465.200 to 

465.545 and 465.900. to: 

(A) Protect the public health, safety, 

welfare and the environment; and 

(B) Provide sufficient and reliable funding for the Department of Environmental 

Quality to expediently and effectively authorize, require or undertake removal or remedial action to abate hazards fo the public 

health, safety, welfare and the environment. 

[Formerly 466.547] • 

465.210 Authority of department for 

removal or remedial action. (1) In addition 

to any other authority granted by law, the 

Department of Envirorimental Quality may: 

(a) Undertake independently, in cooperation with others or by contract, investigations, studies, ^ sampling, ' monitoring, 

assessments, surveying, testing, analyzing, 

planning, inspecting, training, engineeririg, 

design, construction, operation, iriaintenance 

and any other activity necessary to conduct 

removal or remedial action and to carry out 

the provisions of ORS 465:200 to 465.545 and 

465.900; and 

(b) Recover the state's remedial actibri 

costs. :•,••;" 

(2) The Environmental Quahty Commission and the department may participate in 

or conduct activities pursuant to the federal 

Comprehensive ' Erivirbnmerital 'Response, 

Compensation and Liability Act, as amended, 

P:L. 96-510 and P.L. 99^99, and the corrective action provisions of Subtitle I of the 

federal Solid Waste Disposal • Act, as 

airiended, PL. 96-482 and P.L. 98-616. Such 

participation may include, but need not be 

limited to, entering into a! cooperative agreement with the' United States Environmental 

Protection Agency. 

(3) Ivlothing ,in ORS 465.200 to 465.545 

and 465.900 shall restrict the State of OregOn 

from participating in or conducting activities 

pursuant to the federal Comprehensive Envi-

;1^ 

•t 

k 

Title 36 Page 772 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.225 

ronmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 

99-499. [Formerly 466.550] 

465.215 List of facilities with confirmed release. (1) For the purposes of providing public information, the Director of the 

Department of Environmental Quality shall 

develop and maintain a list of all facilities 

with a confirmed release as defined by the 

Erivironmental Quality Conimission under 

ORS 465.405. 

(2) The director shall make the list 

available for the public at the offices of the 

Department of Environmental Quality. 

(3) The list shall include but need not be 

limited to the following items, if known: 

(a) A general description of the facility; 

(b) Address or location; 

(c) Time period during which a release 

occurred; 

(d) Name ofthe current owner arid operator and names of any past owners and operators during the time period of a release 

of a hazardous substance;' 

(e) Tjrpe and quantity of a hazardous 

substance released at the facility; 

(f) Manner of release of the hazardous 

substance; 

r.. (g) Levels of a hazardous. substance, if 

any, in ground water, surface water, air and 

soils at the facility; . , 

(h) Status of removal or remedial actions 

at the facility; and 

(i) Other items the dfrector determines 

necessary. (5 

(4) At least 60 days before a facility is 

added,to the. list the director shall notify by 

certified mail or persorial service the owner 

and operator, if Imown^ of all or any part of 

the facility that is to be included in the; list. 

The notice shall inform the owner and operator that the owner and operator may comment on the decision of the director to add 

the facility to the list within 45 days of receiving the notice. The decision of the director to add a facility to the hst is not 

appealable to the Environmental Quality 

Commission or subject to judicial review under- ORS chapter 183. ' [Formerly '466,5571 

465.220 Comprehensive statewide 

identification prograim; notice. (1) The Department of Erivirbnriaental Quality shall develbp and implement a comprehensive 

statewide program to identify any release or 

threat of release from a facility that may require remedial actibn. 

(2) The department shall notify all daily 

and weekly newspapers of general circulation 

in the state and all broadcast media of the 

program developed under subsection (1) of 

this section. The notice shall include, information about how the public may provide 

information on a release or threat of release 

from a facility. 

(3) In developing the program under subsection (1) of this section, the department 

shall examine, at a minimum, any industrial 

or commercial activity that historically has 

been a major source in this state of releases 

of hazardous substances. 

(4) The department shall include information about the implementation and progress of the program developed under 

subsection (1) of this section in the report 

required under ORS 465.235. [Formerly 466.560] 

465.225 Inventory of facilities heeding 

environmental controls; preliminary assessment; notice to operator; criteria for 

adding facilities to inventory. (1) For the 

purpose of providing public infomiation, the 

Director of the Department of Environmental 

Quality shall develop and maintain an inventory of all facilities for which: 

(a) A confirmed release is documented by 

the department; and / 

(b) The director determines that addi--' 

tional investigation, removal, remedial action, long-term environmental controls or 

institutional controls are needed to assure 

protection of present and future public 

health, safety, welfare or the environment. 

(2) The determination that additional investigation, removal, remedial action, longterm environmental controls or institutional 

controls are needed under subsection ;(1) of 

this section shall be based upon a preliininary assessment approved or conducted by 

the departmerit. 

(3) Before the department conducts a 

preliminary assessment, the director shall 

notify the owner and operator, if kilown, that 

the department is proceeding with a preliminary assessment sind that the owner or operator may submit information to the 

department that would assist the department 

in conducting a complete and accurate preliminary assessment. 

(4) At least 60 days before the director 

adds a facility to the inventory, the director 

shall notify by certified mail or personal service the owner and operator, if know;n, of all 

or any part of the facility .that is tO be included in the inventory. The decision of the 

director to add a facility to the inventory is 

riot appealable to the Environmental Quality 

Commission or subject to judicial review under ORS chapter 183. 

(5) The notice provided under subsection 

(4) of this section shall include the preliminary assessment and shall inform the owner 

or operator that the owner or operator may 

comment on the information contained in the 

Title 36 Page 773 (2009 Edition) 
465.230 PUBLIC HEALTH AND SAFETY 

Mji;. 

preliminary assessment within 45 days after 

receiving the notice. For good cause shown, 

the department may grant an extension of 

time to comment. The extension shall not 

exceed 45 additional days. 

(6) The director shall consider relevant 

and appropriate information submitted by the 

owner or operator in making the final decision about whether to add a facility to the 

inventory. 

(7) The director shall '• review the information submitted and add the facility to inventory if the director determines that a 

confirmed release has occurred and that additional investigation, removal, remedial action, long-term, environmental controls or 

institutional controls are needed to assure 

protection of present and future , public 

health, safety, welfare or the environment. 

[1989C.485 §3],, 

465.230 Removal of facilities from inventory; criteria. (1) According to rules 

adopted by the Environmental Quality Commission, the. Director of the Department of 

Environmental Quality shall remove a facility, from the list or inventory, or both, if the 

director determines: 

(a) Actions taken at the facility have attained a degree of cleanup and control of 

further release that assures protectiori' of 

present and future public health; safety, welfare and the environment; 

(b) No further action is needed tb assure 

protection of present and future, public 

health, safety, welfare and the environment; 

or"', ' " • " '" " ' • 

(c) The facility satisfies other,appropriate 

criteria for assuring protection of present 

and future public health, safety,' welfare and 

the environirient. 

(2); The director shall not.remove a, facility if continuing environmental controls or 

institutional controls are needed to assure 

protection of present and future public 

health, safety, welfare and the environment, 

so long as such controls are -related to removabor remedial action. [1989 c.485 §4] ; 

465.235 Public iiispectiori of inventory; 

information included iri inventory; organization; report; action plan. (1) The 

Director of the Depgirfment of Envifbnniental 

Quality shall make, the inventory available 

to the public at the'bffice of the Department 

of Environmental Quality' 

(2) The inventory shall include but need 

not be limited to: 

(a) The following information, if known: 

(A) A general description of the facility; 

(B) Address or location; 

(C) Time period during which a release 

occurred; 

(D) Name of current owner and operator 

and names of any past owners and operators 

during the time period of a release of a hazardous substance; 

(E) T5^e and quantity of a hazardous 

substance released at the facility; 

(F) Manner of release of the hazardous 

substance; 

(G) Levels of a hazardous substance, if 

any, in ground water, surface water,: air and 

soils at the facility; 

(H) Hazard ranking and narrative information regiarding threats to the environment 

and public health; 

(I) Status of removal or remedial actions 

at the facility; and 

(J) Other items the director deternaines 

necessary; and 

(b) Information, that indicates whether 

the remedial action at the facility will be 

funded primarily by-: -

(A) The department through the use of 

moneys in the Hazardous Substance Remedial Action Fund; 

(B) An owner or operator or other person 

under.. an agreement, order or - consent judgment under ORS 465.200, to 465.545; or ; 

(C) An owner or operator or other person 

under other state orfederal authority. 

(3) The department may organize the inventory into categories of facilities, including 

but not limited to the tj^pes of facilities listed 

in subsection (2) bf this section. 

(4) On or before January 15 of each year; 

the department shall submit the inventory 

and a; report to the Govemor, the Legislative 

Asseriibly and. the Environmental Quality 

Commission. The annual report' shall include 

a quantitative and narrative summary of the 

department's accomplishments during the 

previous fiscal year and the department's 

goals for the current; fiscal year, including 

but not limited to each; of the following 

areas: • 

(a) Facilities with a suspected .release 

added to the department's database; 

(b) Facilities with a confirmed release 

added to the depairtnient's list; 

(c) Facilities added to and removed from 

the inventory; > v 

(d) Removals initiated and completed; 

(e) Preliminary assessments, initiated and 

completed; ' 

(f) Remedial investigations, initiated and 

completed; 

-Title 36 Page 774 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465J255 

(g) Feasibility studies initiated and completed; and 

(h) Remedial actions, including long-term 

environmental controls and institutional 

controls, initiated and completed. 

(5) Beginning in 1991, and every fourth 

year thereafter, the report required under 

subsection (4) of this section shall include a 

four-year plan of action for those items under 

subsection (4)(e) to (h) of this section. The 

four-year plan shall include projections of 

funding and staffing levels necessary to implement the four-year plan. [1989 c.485 §5; 2003 

c.576 §459] 

465.240 Inventory listing not prerequisite to other remedial action. Nothing in 

ORS 465.225 to 465.240, 465.405 arid 465.410 

or placement of a facility on the list under 

ORS 465.215 shall be construed to be a prerequisite to or otherwise affect the authority 

of the Director of the Department of Environmental Quality to undertake, order or 

authorize a removal or remedial action under 

ORS 465.200 to 465.545 and 465.900. [1989 c.485 

§6] 

465.245 Preliminary assessment of potential facility. When the Department of 

Environmental Quality receives information 

about a release or a threat of release froiri a 

potential facility, the department shall evaluate the information and document its conclusions and may approve or conduct a 

preliminary assessment. However, if the department determines there is a significant 

threat to present or future public health, 

safety, welfare or the environment, the department shall approve or conduct a preliminary assessment according to, rules of the 

Environmental Quality Commission. The 

preliminary assessment shall be conducted as 

expeditiously as possible within the budgetary constraints of the department. [Formerly 

466.563] 

465.250 Accessibility of information 

about hazardous substances; entering 

property or facility; samples; confidentiality. (1) Any person who has or may have 

information, documents or records relevant 

to the identification, nature and volume of a 

hazardous substance generated, treated, 

stored, transported to, disposed of or released 

at a facility and the dates thereof, or to the 

identity or financial resources of a potentially responsible person, shall, upon request 

by the Department of Environmental Quality 

or its authorized representative, disclose or 

make available for inspection and copying 

such information, documents or records. 

(2) Upon reasonable basis to believe that 

there may be a release of a hazardous • substance at or upon any property or facility, 

the department or its authorized representative may enter any property or facility at 

any reasonable time to: 

(a) Sample, inspect, examine and investigate; 

(b) Examine and copy records and other 

information; or 

(c) Carry out removal or remedial action 

or any other action authorized by ORS 

465.200 to 465.545 .and 465:900. 

(3) If any person refuses to provide information, documents, records or to allow entry 

under subsections (1) and (2) of this section, 

the department may request the Attorney 

General to seek from a court of competent 

jurisdiction an order requiring the person to 

provide such information, documents, records 

or to allow entry. 

(4)(a) Except as provided in paragraphs 

(b) and (c) of this subsection, the department 

or its authorized representative shall, upon 

request by the current owner or operator of 

the facility or property, provide a portion of 

any sample obtained from the property or facility to the owner or operator. 

(b) The department may decline to give 

a portion of any sample to the owner or op- / 

erator if, in the judgment of the department • 

or its authorized representative, apportioning 

a sample: 

(A) May alter the physical or chemical 

properties of the sample such that the portion of the sample retained by the department would not be representative of the 

material sampled; or 

(B) Would not provide adequate yblume 

to perform the laboratory analysis. 

(c) Nothing in this subsection shall preyent or unreasonably hinder or delay the department or its authorized representative in 

obtaining a sample at any facility or prop-

.erty. ' ,. ' 

(5) Persons subject: to the requirements 

of this section may make a claim of confidentiality regarding any information, documents or records, in accordance with ORS 

466.090. [Formerly 466.565] 

465.255 Strict liability for remedial action costs for injury or destruction of 

natural resovu*ce; limited exclusions. (1) 

The following persons shall be strictly liable 

for those remedial action costs incurred by 

the state or any other persbn that are attributable to or associa.ted with a facility and 

for damages for injury to or destruction of 

any natural resources caused by a release: 

(a) Any owner or operator at or during 

the time of the acts, or omissions that resulted in the releaser, 

(b) Any owner or operator who became 

the owner or operator after the time, of the 

Title 36 Page 775 (2009 Edition) 
465.255 PUBLIC HEALTH AND SAFETY 

acts or omissions that resulted in the release, and who knew or reasonably should 

have known of the release when the person 

first became the owner or operator. 

(c) Any owner or operator who obtained 

actual knowledge of the release at the facility during the time the person was the owrier 

or operator of the facility and then subsequently transferred ownership or operation 

of the facility to another person without disclosing such knowledge. 

(d) Any person who, by any acts or 

omissions, caused, contributed to or exacerbated the release, unless the acts or omissions were in material cOinpliance with 

applicable laws, standards, regulations, licenses or permits. 

(e) Any person who unlawfully hinders 

or delays entry to, irivestigation of or removal or reriiedial action at a facility. 

(2) Except as provided in subsection (l)(c) 

to (e) of this section and subsection (4) of 

this section, the following persons shall not 

be liable for remedial action costs incurred 

by the state or any other person that are attributable to or associated with a facility, or 

for damages for injury to or destruction of 

any natural resources caused by a release: 

(a) Any owner or operator who became 

the owner or operator after the time of the 

acts or omissions that resulted in a release, 

and who did not know and reasonably should 

not have known of the release when the 

person first became the owner or operator. 

(b) Any owner or operator if the release 

at the facility was caused solely by one or a 

combination Of the following: 

, ' (A) An act of God. "Act of God" nieans 

an unanticipsLted grave natural disaster Or 

Other natural pheribmeribn of an exceptional, 

inevitable and irresistible character, the effects of which could not have been prevented 

or avoided by the exercise of due care or 

foresight. 

. (B) An act of war. 

(C) Acts or omissions of a third party, 

other than an employee or agent of the person asserting this defense, or other than a 

persbii whose acts or omissions occur in 

connectiori With a contractuar relationship, 

existing directly or indirectly, with the person asserting this defense. As used in this 

jSubparagraph, "contractual relationship" includes but is not limiteid to land contracts, 

deeds or other instruments transferring title 

or possession. 

(3) Except as provided in subsection (l)(c) 

to (e) of this section or subsection (4) of this 

section, the following persons shall not be 

liable for remedial action costs incurred by 

the state or any other person that are attributable to or associated with a facility, or 

for damages for injury to or destruction of 

any natural resources caused by a release: 

(a) A unit of state or local government 

that acquired ownership or control of a facility in the following ways: 

(A) Involuntarily by virtue of its function 

as sovereign, including but not limited to 

escheat, bankruptcy, tax delinquency or 

abandonment; or 

(B) Through the exercise of eminent domain aiithority by purchase or condemnation. 

(b) A person who acquired a facility by 

inheritance or bequest. 

(c) Any fiduciary exeiripted from liability 

in accordance with rules adopted by the Environmental Quality Commission under ORS 

465.440. 

(4) Notwithstanding the exclusions from 

liability provided for specified persons in 

subsections (2) and (3) of .this section such 

persons shall be liable for remedial action 

costs incurred by the state or any other person that are attributable to or associated 

with a facility, and for damages for injury to 

or destruction of any natural resources 

caused by a release, to the exterit that the 

person's acts or omissions contribute to siich 

costs or damages, if the persori: 

(a) Obtained actual knowledge of the release and then failed to promptly notify the 

Department of Environmental Quality and 

exercise due care with respect to the hazardous substance concerned, taking into 

consideration the characteristics of the hazardous substance in light of all relevant facts 

and circumstances; or 

(b) Failed to take reasonable precautions 

against the reasonably foreseeable iacts or 

omissions of a third pari;^ and the reasonably 

foreseeable consequences of such acts or 

omissions. 

(5)(a) No indemnification, hold harmless, 

or similar agreerrierit or conveyance shall be 

effective to transfer from aiiy person whO 

may be liable under this section, to any other 

person, the liability imposed under this section. Nothing in this section shall bar any 

agreement to insure, hold harmless or 

indemnify a party to such agreement for any 

liability under this section. 

(b) A persbri who is liable under this 

section shall not be barred from seeking 

contribution from any other person for liability urider ORS 465.200 to 465.545 and 

465.900. 

(c) Nothing in ORS 465.2C)0 to 465.545 

and 465.900 shall bar a cause of action that 

a person liable under this section or a 

guarantor has or would have by reason of 

subrogation or otherwise against any person. 

Title 36 Page 776 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.260 

(d) Nothing in this section shall restrict 

any right that the state or any person might 

have under federal statute, common law or 

other state statute to recover remedial action 

costs or to seek any other relief related to a 

release. 

(6) To establish, for purposes of subsection (l)(b) of this section or subsection (2)(a) 

of this section, that the person did or did not 

have reason to know, the person must have 

undertaken, at the time of acquisition, all 

appropriate inquiry into the previous ownership and uses of the property consistent with 

good commercial or customary practice in an 

effort to minimize liability. 

(7)(a) Except as provided in paragraph (b) 

of tbis subsection, no person shall be liable 

under ORS 465.200 to 465.545 and 465.900 for 

costs or damages as a .result of actions taken 

or omitted in the course of rendering care, 

assistance or advice in accordance with rules 

adopted under ORS 465.400 or at the direction of the department or its authorized representative, with respect to an incident 

creating a danger to public health, safety, 

welfare or the environment as a result of any 

release of a hazardous substance. This paragraph shall not preclude liability for costs or 

damages as the result of negligence on the 

part of such person. 

(b) No state or local government shall be 

hable under ORS 465.200 to 465.545 and 

465.900 for costs or damages as a result of 

actions taken in response to an emergency 

created by the release of a hazardous substance generated by or from a facility owned 

by another person. This paragraph shall not 

preclude liability for costs or damages as a 

result of gross negligence or intentional misconduct by the state or local government. 

For the purpose of this paragraph, reckless, 

willful or wanton misconduct shall constitute 

gross negligence. 

(c) This subsection shall not alter the liability of any person covered by subsection 

(1) of this section. [Formerly 466.567; 199l'c.680 

§9; 1991 c.692 §1] 

465.257 Right bf contribution from 

other person liable for remedial action 

costs; allocation of orphan share. (1) Any 

person who is liable or potentially liable under ORS 465.255 may seek contribution from 

any other person who is liable or potentially 

liable under ORS 465.255. When such a claim 

for contribution is at trial and the court determines that apportionment of recoverable 

costs among the liable jparties is appropriate, 

the share of the remedial action costs that is 

to be borne by each party shall be determined by the court, using such equitable 

factors as the court deems appropriate, including but not limited to the following: 

(a) The amount of hazardous substances 

contributed to the facility; 

(b) The degree of toxicity or hazard posed 

by the hazardous substances to public health, 

safety and welfare, and to the environment; 

(c) The degree of involvement in the release of the hazardous substance by the liable persons; 

(d) The relative culpability or negligence 

of the liable persons; 

(e) The degree of cooperation by the liable persons with the government or with 

persons who have a financial interest in the 

facility; 

(f) The extent of the participation by the 

liable person in,response actions at the facility; 

(g) The length of time the facility was 

owned or operated by the liable person during the time the.release occurred; 

(h) Whether the acts or omissions that 

resulted in a release were in material compliance with apphcable laws, standards, regulations, licenses or permits; 

(i) The economic benefit derived from the / 

facility or from the acts or omissions thatresulted in a release; 

0) The circumstances and conditions involved in the facility's conveyance, including 

the price paid and any discounts granted; and 

(k) The quality of evidence concernirig 

liability and equitable shares. 

(2) At the time of trial, if a person who 

is otherwise liable under ORS 465.255 is no 

longer subjiect to a judgment due to bankruptcy, dissolution or death (an orphan 

share), the court may, in its discretion, allocate that person's equitable share to the 

other liable persons in proportion to their 

equitable shares or on any other equitable 

basis taking into cbnsideration any relationship between the orphan share's liable person amd each other liable person. [1995 c.662 

§5] . 

Note: 465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of . 

ORS chapter 465 or any series therein by legislative 

action; See Preface to Oregon Revised Statutes for fiirther explanation. 

465.260 Removal or remedial action; 

reimbursement of costs; liability; damages. (1) The Director of the Department of 

Environmental Quality may undertake any 

removal or remedial action necessary to protect the public health, safety, welfare and the 

environment. ;:U.; 

(2) The director may authbrize any person to carry out any removal , or remedial 

action in accordance with any requirements 

of or directions from the director, if the director determines that the person will comTitle 36 Page 777 (2009 Edition) 
465.265 PUBLIC HEALTH AND SAFETY 

mence and complete removal or remedial 

action properly and in a timely manner. 

(3) Nothing in ORS 465.200 to 465.545 

and 465.900 shall prevent the director from 

taking any emergency removal or remedial 

action necessary to protect public health, 

safety, welfare or the environment. . 

(4) The director may require a person liable under ORS 465.255 to conduct any removal or remedial action or related actions 

necessary to protect the public health, safety, 

welfare and the environment: The director's 

action under this subsection may include biit 

need not be limited to issuing an order specifying the removal or remedial actiori the 

person must take., 

(5) The director may request the Attorney General to bring an action or proceeding 

for legal or equitable • relief, in the circuit 

court of the county in which the facility is 

located or in Marion County, as may be necessary: , 

, (a) To enforce an order issued under 

subsection (4) of this section; or 

(b) To abate any iinminent and substantial danger to the public health, safety, welifare or the environment related to a release. 

(6) Notwithstanding any provision of ORS 

chapter 183, and except as provided in subsection (7) of this section, any order issued 

by the director under subsection (4) of this 

section shall not be appealable to the Environmental Quality Commission or subject to 

judicial review. 

(7)(a) Any person who receives and complies with the terms of an order issued under 

subsection (4) of this section inay,c within 60 

days after completion of the required action, 

petitiori the director for feimbursement from 

.the fund fbrfhe reasonable costs of such action. , . , 

(b) If the director refuses to grant all or 

part of the reimbursement, the petitioner 

may, within 30 days of receipt of the director's refusal, file an action against the director seeking reimbursement from the fund in 

the circuit court ofthe county in which the 

facility is located or in the Circuit Court of 

Marion County. To obtain reimburseriient, 

the petitioner must establish by a preponderance of the evidence that the petitioner is 

riot liable under ORS 465.255 and that costs 

for which the petitioner seeks reimbursement 

are reasonable in light of the action required 

Iby the relevant order. A petitioner who is liable under ORS 465.255 may also recover 

reasonable remedial action costs to the excent that the petitioner can demonstrate that 

the director's decision in selecting the removal Or remedial action ordered was arbitrary and capricious or otherwise not in 

accordance with law. 

(8) If any person who is liable under ORS 

465.255 fails without sufficient cause to conduct a removal or remedial action as required by an order ofthe director, the person 

shall be liable to the department for the 

state's remedial action costs and for punitive 

damages not to exceed three times the 

amount of the state's remedial action costs. 

(9) Nothing in this section is intended to 

interfere with, limit or abridge the authority 

of the State Fire Marshal or any other state 

agency or local unit of government relating 

to an emergency that presents a combustion 

or explosion hazard . [Formerly 466.570] , 

465.265 "Person" defined for ORS 

465.265 to 465.310. As used m ORS 465.265 

to 465.310, "person" includes but need not be 

liriiited to a person liable under ORS 465.255. 

Except as provided m, ORS 465.275 (2), "person" does not include the state or any state 

agency or the federal government or . any 

agency of the federal government. [1989 c.833 

§103] 

465.270 Legislative findings and intent. 

(1) The Legislative Assembly finds that: 

(a) The costs of cleanup may result in 

economic hardship or bankruptcy for individuals and businesses that are otherwise financially viable; 

(b) These persons may be willing to clean 

up their sites and pay the associated costs; 

however, financial assistance from private 

lenders may not be available to pay for the 

cleanup; and 

(c) It is in the interest of the public 

health, safety, welfare and tho; environment 

to establish a program of financial assistance 

for cleanups, to help individuals and businesses maintain financial viability, increasing the share of cleanup costs paid by 

responsible persons and ultimately decreasing amounts paid from state funds. 

(2) Therefore, the Legislative Assembly 

declares that it is the intent of ORS 465.265 

to 465.310: ;^ 

(a) To assure that moneys for financial 

assistance are available on a continuing basis corisistent with the length and terms 

provided by ^the financial assistance agreements; and 

(b) To provide authority to the Department of Environmental Quality to develop 

and implement innovative approaches to financial assistance for cleanups conducted 

under ORS 465.200 to 465.545 or, at the discretion of the department, under other applicable authorities. [1989 c.833 §102] 

465.275 Remedial action and financial 

assistance program; contracts for implementation. (1) The Department of Environmental Quality may conduct: 

Title 36 Page 778 (2009 Edition) 
^ 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.295 

(a) A financial assistance program, including but not limited to loan guarantees, 

to assist persons in financing the cost of remedial action. 

(b) Activities necessary to carry out the 

purpose of ORS 465.381, 468.220, 468.230 and 

465.265 to 465.310, mcluding but not limited 

to entering into contracts or agreements, 

riiaking and guaranteeing loans, taking security and instituting appropriate actions to 

enforce agreements made under ORS 465.285. 

(2) The department may enter into a 

contract or agreement for services to implement a financial assistance program with,any 

person, including but not limited to a financial institution or a unit of local, state or 

federal government. The services may include but need not be limited fo evaluating 

creditworthiness of applicants, preparing and 

marketing financial assistance packages and 

administering and servicing financial assistarice agreements. [1989 c.833 §104] 

465.280 Rules; insuring tax deductibility of interest on bonds., In accordance 

with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary tO carry out 

the provisions of ORS 465.381, 468.220, 

468.230 and 465.265 to 465.310 and to irisure 

that interest on bonds issued under ORS 

468.195 to be used for removal or remedial 

action of hazardous substances is not 

includable in gross income under the United 

States Intemal Reveriue Code. [1989 c.833 §105] 

465.285 Requirements for financial assistance; contents of agreements. (1) The 

Department of Environmental Quality may 

provide financial assistance onfy; to persons 

who meet all of the following eligibility requirements: ) 

(a) The department has determined that 

rembvail or remedial action proposed by the 

applicant is necessary to protect the public 

health, safety and welfare bi" the environment. 

(b) The applicant demonstrates to the department's satisfaction that the applicant either is unable to obtain financing for the 

removal or remedial action from other 

sources or that financing for the removal or 

remedial action is not available to the applicant at reasonable rates and terms. 

(c) The applicant demonstrates to the department's satisfaction that there is a reasonable likelihood the applicant has the 

ability to repay. 

(d) The applicant agrees to conduct the 

removal or remedial action according to an 

agreement with the department. 

(e) Any other requirement the department considers necessary or appropriate. 

(2) A financial assistance agreement shall 

include any provision the department considers necessary, but shall at least include the 

following provisions: 

(a) Terms of the financial assistance; and 

(b) A statement that moneys obligated by 

the department under the agreement are 

limited to moneys in the Hazardous Substance Remedial Action Fund expressly designated by the department for financial 

assistance purposes. [1989 c.833 §106] 

465.290 Financial assistance agreement not General Fund obligation; cost 

estimates; security; recovery of costs; 

compromise of obligations. (1) The obligation of the Department bf Environmental 

Quality to provide financial assistance or to 

advance money under a financial assistance 

agreement made under ORS 465.285 shall not 

constitute an obligation against the General 

Fund or any other state fund except against 

the Hazardous Substance Remedial Action 

Fund to the extent moneys in the Hazardous 

Substance Remedial Action Fund are expressly designated by the department for 

such.financial assistarice purposes. 

(2) The department may provide a remedial action cost estimate for use by the department, a lender or a guarantor in 

determining the amount of financial assistance, evaluating the creditworthiness of a 

borrower, providing loan guarantees or as 

the depari;ment considers appropriate. 

(3) When financial assistance is provided 

to a local governmental unit, the agreeinent 

may be secured as the department requires 

for adequate security. 

(4) The department may take any action 

under ORS 465.260, 465.330 or 465.335 or 

other applicable authority tO recover costs 

incurred or moneys advanced under a firianCial assistance agreement. Costs incurred or 

mOney advanced under a financial assistance 

agreement entered irito under ORS 465.285 

shall be reriiedial action cbsts. At the departnient's discretion, the department may 

file a claim of lien for such remedial action 

costs in accordance with the procedures set 

forth in ORS 465.335 (1), (2)(a) to (c), (3) and 

(4). 

(5) The department may settle, compromise or release all or part of any obligation 

Euising under a financial assistance agreement so long as the department's action is 

consistent with the purposes of ORS 465.265 

to 465.310. [1989 c.833 §107] 

465.295 Decision regarding financial 

assistance not subject to judicial review. 

Notwithstanding aiiySprovision of ORS chapter 183, the decisiori of the Department of 

Environmental Quality to approve or deny 

financial assistance under ORS 465.265 to 

liij,' 

m 

•it:':'-; 

Title 36 Page 779 (2009 Edition) 

•i I 
465.300 PUBLIC HEALTH AND SAFETY 

:t.IS! 

M I'

465.310 or the department's determination of 

the amount or use of a remedial action cost 

estimate under ORS 465.290 shall not be 

subject to appeal to the Environmental 

Quality Commission or subject to judicial 

review. [1989 c.833 §108] 

465.300 Records and financial assistance applications exempt from disclosure 

as public record. Financial records and 

other information that are submitted to the 

Department of Environmental Quality, as 

part of an application for financial assistance 

under ORS 465.265 to 465.310 shall be exempt 

from disclbsure under ORS 192.410 to 

192.505, unless the public interest requires 

disclosure in ,a particular instance. [1989 c.833 

§109] ^ 

465.305 Application fees. The Environmental Quality Commission may establish by 

rule reasonable fees for applicants for financial assistance sufficient to pay for the costs 

of the Department of Environmental Quality 

of carrying out the provisions of ORS 465.265 

to, 465.310. [1989 c.833 §110] 

465.310 Accounting procedure for financial assistance moneys. For the purposes of ORS 465.265 to 465.310, the 

Department of Environmental, Quality may 

place moneys for the purpose of providing financial assistance in reserve status or; subaccounts within the Hazardous Substance 

Remedial Action Fund. Moneys placed in 

reserve status or subaccounts under this 

section in connection with a financial assistance „agreement shall not be subject to 

claims under ORS 465.260 or otherwise except as provided in the financial assistance 

agreement. [1989 c.833 §111] 

465:315 Standards for degree of 

cleanup required;. Hazard Index; risk protocol; hot spots of contamination; exemption; rules. (l)(a) Any removal or 

remedial action performed under the provisions of ORS 465.200 to 465.545 and 465.900 

shall attain a degree of cleanup of the hazardous substance and control of fiirther release of the hazardous substance that assures 

protection of present and future pubhc 

health, safety and welfare and of the environment. 

(b) The Director of the Department of 

Environmental,. Quality shall select or approve remedial actions that are protective of 

human health and the environment. The 

protectiveness of a remedial action shall be 

determined based on application of both of 

the following; 

(A) The acceptable risk level for exposures. For protection of humans, the acceptable risk level for exposure to individual 

carcinogens shall be a lifetime excess cancer 

risk of one per one million people exposed, 

and the acceptable risk level for exposure to 

noncarcinogens shall be the exposure that 

results in a Hazard Index number equal to 

or less than one. "Hazard Index number" 

means a number equal to the sum of the 

noncarcinogenic risks (hazard quotient) attributable to systemic toxicants with similar 

toxic endpoints. For protection of ecological 

receptors, if a release of hazardous substances causes or is reasonably likely to 

cause significant adverse impacts to the 

health or viability of a species listed as 

threatened br endangered pursuant to 16 

U.S.C. 1531 et seq. or ORS 496.172, or a 

population of plants or animals in the locality ofthe facility, the acceptable risk leviel 

shall be the point before such significant adverse impacts occur. 

(B) A risk assessment undertaken in accordance with the risk protocol established 

by the Environmental, Quality Commission in 

accordarice with subsection (2)(a) of this section. 

(c) A remedial action may achieve protection of human health and the environment 

through: 

(A) Treatment that eliminates or reduces 

the toxicity, inobility or volume of hazardous 

substances; 

(B).Excavation and off-site disposal; 

(C) Containriient or Other engirieering 

coritrols; 

(D) Institutional controls; 

(E) Any other, method of protection; or 

(F) A combination of the above. :; 

(d) The iriethod of remediation appropriate for a specific facility shall be determined 

through an evaluation of remedial alternatives and a selection process to be established pursuEmt to rules adopted by the 

commission. The director shall select or approve a protective altemative that balances 

the following factors: ; 

(A) The effectiveness of the remedy in 

achieving protection; . 

•(B) The technical and practical implementability of the reriiedy; 

(C) The long term reliability of the remedy; ;• 

(D) Any short term,risk from implementing the remedy posed to the community, to 

those engaged in the impleirieritatibn of the 

remedy and to the environment;; and 

(E) The reasonableness of the cost of the 

remedy. The cost of a remedial action shall 

not be cOnsider(ed reasonable if the costs are 

disproportionate to the benefits created 

through risk reduction or risk management. 

Subject to the preference for treatment of 

hot spots, when two or more remedial action 

Title 36 Page„780 (2009 Edition) 

SST'I 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.315 

altematives are protective as provided in 

paragraph (b) of this subsection, the least 

expensive remedial action shall be preferred 

unless the additional cost of a more expensive alternative is justified by proportionately greater benefits within one or more of 

the factors set forth in subparagraphs (A) to 

(D) of this paragraph. The director shall use 

a bigher threshold for evaluating the reasonableness of the costs for treating hot spots 

than for remediation of areas other than hot 

spots. 

(e) For contamination constituting a hot 

spot as defined by the commission pursuant 

to subsection (2)(b) of this, sectiori, the director shall select or approve a remedial action 

requiring treatment of the hot spot contamiriatiOn unless treatment is not feasible considering the factors set forth in paragraph (d) 

of this subsection. For contamination constituting a hot spot under subsectiori (2)(b)(A) 

of this section, the director shall evaluate, 

with the same preference, as treatment; the 

excavation and off-site jdispbsal of the contamination at a facility authorized for such 

disposal under state or federal law. For. excavation and off-site disposal of, contamination that is a hazardous waste as described 

in ORS 466.005, the director shall consider 

the method and distance for transportation 

of the contamination to available • disposal 

facilities in selecting or approving a remedial 

action that is • protective under subsection 

(l)(d) of this section. If requested by the responsible party or recommended'by the Department of Environmental Qualify; the 

director may select or approve excavation 

and Off-site disposal as the remedial action 

for contamination constituting a hot spot 

under subsection (2)(b)(A) of this section. 

(f) The Department of. Environmental 

Quality shall develop or identify generic 

remedies for comirion categories of facilities 

considering the balancing,factors set forth in 

paragraph (d) of this subsection. The, department's development of generic remedies shah 

take into consideration demonstrated remedial actions and technologies and scientific 

and engineering evaluation of performance 

data. Where, a generic remedy would be protective and satisfy the balancing factors under paragraph ,(d) of this subsection at a 

specific facility, the director may select or 

appirove the generic remedy for that site on 

a streamlined basis with a liriiited evaluation 

of other remedial alternatives. 

(g) Subject to paragraphs (b) and (d) of 

this subsection,, in selecting, or approving a 

remedial action, the director shall consider 

current and reasonably anticipated future 

land uses at the facility and surrounding 

properties^ taking into account, current land 

use zoning, other land use designations, land 

use plans as established in local comprehensive plans and land use implementing regulations of any governmental body having land 

use jurisdiction, and concerns of the facility 

owner, neighboring owners and the community. 

(2) The commission shall adopt rules: 

(a) Establishing a risk protocol for conducting risk assessments. The risk protocol 

shall: 

(A) Require consideration of existing and 

reasonably likely future huriian exposures 

and significant adverse effects to ecological 

receptor health and viability, both in a 

baseline, risk assessment and in an assessment of residual risk after a remedial action; 

, (B) Require risk assessments to include 

reasonable estimates , of plausible upperbound exposures that neither grossly underestimate nor grossly overestimate risks;. 

(G) Require risk assessments to consider, 

to tbe extent practicable, the range of probabilities of risks actually occurring, the 

range of size ofthe populations likely to be 

exposed to the risk, current and reasonably • 

likely future land uses,'and quantitative and / 

qualitative descriptions of uncertainties; 

(D) Identify appropriate sources of 

toxicity information; 

(E) Define the use of probabilistic mod,eling ; '• •- .r . '. '.,.' • -' . . . "• : J.. , 

(F) Identify criteria for the selection and 

application of fate and transport models; 

(G) Define the use of high-end arid 

ceritral-tendency exposure cases and assuriip-

•tions;: ' ••:'••• : ':.:•':: ' ; ; .••.. : 

. (H) Define the use of popiilation risk estiniates in addition to individual risk estiniates; ' ;; •.•''' y ' .. . '. 

(I) To the extent deemed appropriate arid 

feasible by the commission considering available scientific information,, define appropriate 

approaches for addressing cumulative risks 

posed by iriultiple contaminants or multiple 

exposure pathways, including how the acceptable risk levels set forth in subsection 

(l)(b)(A) of this sectiori shall be applied in 

relation to bumulative risks; arid 

(J) Establish appropriate sampling approaches and data quality requirements. 

(b); Defining hot spots of contamination. 

The definition of hot spots shall include: 

(A) Hazardous i substances that are present in high concentrations, are highly mobile 

or cannot be reliably contained, and that 

would present a risk to human health br the 

environment, exceedirig the acceptable risk 

level if exposure occurs.' •• "' '• 

(B) Concentrations of hazardous? substances in ground water or surface; water 

Title 36 Page 781 (2009 Edition) 
465.320 PUBLIC HEALTH AND SAFETY 

that have a significant adverse effect on existing or reasonably likely future beneficial 

uses of the water and for which treatment is 

reasonably likely to restore or protect such 

beneficial use within a reasonable time. 

(3) Except as provided in subsection (4) 

of this section, the director may exempt the 

on-site portion of -any removal or remedial 

action conducted under QRS 465.200 to 

465.545 and 465.900 from any requirement of 

ORS 466.005 to 466.385 and ORS chapters 

459, 468, 468A, and 468B. Without affecting 

substantive requirements, no state or local 

permit, license or other authorization shall 

be required for, and no procedural requirements shall apply ,to, the portion of any femoyal or remedial action conducted on-site 

where such removal or remediall action has 

been selected or approved by the director 

under this section, unless the permit, license, 

authorization or procedural requirement is 

necessary to preserve or obtain, federal authorization of a, state program or the person 

performing a removal or remedial action 

elects to obtain the permit, license or authorization or comply with the procedural 

requirement. The person performing a removal or remedial action;shall notify the appropriate state or local governmental body 

of the permits, licenses, authorizations or 

procedural requirements waived under this 

subsection arid, at; the request ofthe governmental body, pay applicable fees. Any costs 

ipaid as, a fee to a governmental; body under 

this subsection shall not also be recoverable 

by the governmental body as remedial action 

;costs. 

(4) Notwithstanding any provision- .Of 

subsection, (3). of this section, any on-site 

treatment, storage or disposal of a hazardous 

substarice shall comply witb the standard established under subsection (l)(a) of this section and; ariy activities coriducted in a public 

right of way urider a removal or remedial 

actiori pursuant to this section shall comply 

with the reqiiireirients of t;he applicable jurisdiction. 

, (5) Nothinig in this section shall affect 

the authority of the .director to undertake, 

order Or authorize an iriteririi or emergency 

removal action. . 

(6) Nothing in this section or in rules 

adopted pursuant to this section shall prbhibit the applicatiori of rules in effect on 

July 18, 1995, that use numeric soil cleanup 

standards to govern remediation of iriotor 

'^ftiel and heating oil releases from underground storage tanks. [Formerly 466.573; 1993 c.560 

§102; 1995. c.662 ll ; 1999,c.740 §1;.2003 c:14 §298] : 

465;320 Notice of proposed cleanup action; receipt and consideration of comment; notice of approval. Except as 

provided in ORS 465.260 (3), before approval 

of any remedial action to be undertaken by 

the Department of Environmental Quality or 

any other person, or adoption of a certification decision under ORS 465.325, the department shall: 

(1) Publish a notice and brief description 

of the proposed action in a local paper of 

general circulation and in the Secretary of 

State's Bulletin, and make copies of the proposal available to the public; 

(2) Provide at least 30 days for submission of written comments regarding the 

proposed action, and, upon written request 

by 10 br more persons or by a group having 

10 or more members, conduct a public meeting at or near the facility fOr the purpbse bf 

receiving verbal coinment regarding the proposed action. 

(3) Consider any written or verbal comments before approving the removal or remedial action. 

(4) UpOn final approval of the remedial 

action, publish notice, as provided under 

subsectiori (1) of this section, and make 

copies of the approved action available to the 

public. [Formerly 466;575] 

465.325 Agreement tor perform removal or remedial action; reimbursement; agreement as order and consent 

judgment; effect on liability. (1) The-Director of the Department of Enyironihental 

Quality, in the director's discretion, may enter into an agreement with any person including the owner or operator of the, facility 

from which a release emanates, or any bther 

potentially respbnsible person to perform any 

removal or remedial action if the; director 

determines that the actions will be properly 

done by the person. Whenever practicable 

and in the public interest, as determined by 

the directbr, the director, in Order to expedite effective removal or remedial actions 

and ininimize litigation, shall act to facilitate 

agreements under this section that are in the 

public interest and cOnsisterit with the rules 

adopted under ORS 465.400. If the director 

decides not to use the procedures in this 

sectiori, the directbr shall notify in, writing 

potentially responsible parties at the facility 

of such decision. Notwithstanding ORS 

chapter 183, a decision of the director to use 

or not to use the procedures described in this 

section shall not be appealable to the Environmental I Quality Commissibn or subject to 

judicial review. 

(2)(a) An agreement under this section 

may provide that the director will reimburse 

the parties to the agreement; from the fund, 

with interest, for certain costs of actions 

under the agreemerit that the parties have 

agreed to perform and the director has 

agreed to finance. In any case in which the 

Title 36 Page.782 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.325 

• » 

I 

director provides such reimbursement and, in 

the judgment of the director, cost recovery 

is in the public, interest, the director shall 

make reasonable efforts to recover the 

amount of such reimbursement under ORS 

465.200 to 465.545 and 465.900 or under other 

relevant authority. 

(b) Notwithstanding ORS chapter 183, the 

director's decision regarding fund financing 

under this subsection shall not be appealable 

to the commission or subject to judicial review. 

(c) When a remedial action is completed 

under an agreement described in paragraph 

(a) of this subsection, the fund shall be subject to an obligation for any subsequent remedial action at the same facility but only 

to the extent that such subsequent remedial 

action is necessary by reason of the failure 

of the original remedial action. Such obligation shall be in a proportion equal to, but 

not exceeding, the proportion contributed by 

the fund for the original remedial action. The 

fund's obligation for such future remedial 

action may be met through fund expenditures 

or through payment, following settlement or 

enforcement action, by persons who were not 

signatories to the original agreettient. 

(3) If an agreement has been entered into 

under this section, the director may take any 

action under ORS 465.260 against any person 

who is not a party to the agreement, once 

the period for siubmitting a proposal under 

subsection (5)(c) of this section has expired. 

Nothing in this section shall be construed to 

affect either of the following: 

(a) The liability of any persbn under ORS, 

465.255 or 465.260 with respect to any costs 

or damages which are not included in the 

agreement. , 

(b) The authority of the director : to 

maintain an action under ORS 465.200 to 

465.545 and 465.900 against any person who 

is not a party to the agreement. 

(4)(a) Whenever the director enters into 

an agreement, under this section with any 

potentially responsible person with respect to 

remedial action, following approval of the 

agreement by the Attorney General and except as otherwise provided in the case of 

certain administrative settlements referred to 

in subsection (8) of this section, the agreement shall be eritered in the appropriate circuit court as a consent judgment. The 

director need not make any finding regarding 

an imminent and substantial endangerment 

to the public health, safety, welfare or the 

environment in connection with gmy such 

agreement or consent judgment. 

(b) The entry of any consent judgment 

under this subsection shall not be construed 

to be an acknowledgment by the parties that 

the release concerned constitutes an imminent and substantial endangerment to the , 

public health, safety, welfare or the environment. Except as otherwise provided in the 

Oregon Evidence Code, the participation by 

any party in the process under this section 

shall not be considered an admission of liability for any purpose, and the fact of such 

participation shall not be admissible in any 

judicial or administrative proceeding,, including a subsequent proceeding under this section. 

(c) The director may fashion a consent 

judgment so that the entering of the judgment and compliance with the judgment or 

with any determination or agreement inade 

under this section shall not be considered an 

admission of liability for any purpose. 

(d) The director shall provide notice and 

opportunity to the public and to persons not 

named as parties to the agreement to comment on the proposed agreement before its 

submittal to the court as a proposed consent _' 

judgment, as provided under ORS 465.320. 

The directbr shall consider any written comments, views or allegations relating to the 

proposed agreeriient: The director or aftfy 

party may withdraw, withhold or mbdify its 

consent to the proposed agreement if the 

cbmments, views and allegations concerning 

the agreement disclose facts or considerations which indicate that the proposed 

agreement is inappropriate, improper or inadequate.. 

(5)(a), If the director determines that a 

period of negotiation under this subsection 

would facilitate an agreement with potentially responsible persons for taking removal 

or remedial action and would expedite removal or remedial action, the director shall 

so notify all such parties ^ and shall provide 

them with the following information to the 

extent the information is available: 

(A) The names and addresses of potentially responsiblfe persoris including owners 

and operators and other persons' referred to 

in ORS 465.255. 

(B) The volume and nature • of substances 

contributed by each potentially responsible 

person identified at the facility. 

(C) A ranking by volume of the substances at the facility. 

(b) The director shall make the information referred to in paragraph (a) of this subsection available in advance of notice under 

this subsection upon the request of a potentially responsible person in accordance with 

procedures provided by the director. The 

provisions ofJORS 465.250 (5) regarding confidential information apply to information 

provided under paragraph (a) of this subsection. 

Title 36 Page 783 (2009 Edition) 
465.325 PUBLIC HEALTH AND SAFETY 

# 

(c) Any person receiving notice under 

paragraph (a) of this subsection shall have 

60 days from the date of receipt of the notice 

to submit to the director a proposal for 

undertaking or financing the action under 

ORS 465.260. The director may grant extensions for up to an additional 60 days. 

(6)(a) Any person may seek contribution 

from any other person who is liable or potentially liable urider ORS 465.255. In resolving coritribution claims, the court shall 

allocate remedial action costs among liable 

parties in accordance with ORS 465.257. 

(b) A person who has resolved its liability 

to tbe state in an administrative or judicially 

approved settlement shkll not be liable for 

claims for contribution regarding matters 

addressed in the settlement. Such settlement 

does not discharge any of the other potentially responsible persons unless its terms so 

provide, but it reduces the potential liability 

of the others by the amount of the settlement. . 

(c)(A) If the state has obtained less than 

complete relief from a. person who has resolved its liability tb the state in an admiriistrative or judicially approved settlement, 

|;he director inay bring an action against any 

jerson whb has not so resolved its liability. 

; (B) A person who'has resolved its liability to the state for some or all of a removal 

or remedial action or for some or all of the 

costs of such action in an administrative or 

judicially,approved settlement may seek contribution from any person who is not party 

to a settlement referred to in paragraph (b) 

of this subsection, i , ; .., 

(G) In any action under this paragraph, 

the rights of any person who has resolved its 

liability to the state shall be subordinate to 

the rights of the state. 

(7)(a) In entering an agreement under 

this section, the director may proyide any 

person subject to the agreemierit with a cbvenarit not to sue concerning ariy liability to 

the State of Oregon under ORS 465.200 to 

465.545 and 465.900, including future liability, 

resultirig from a release of a hazardous substance addressed by the agreeriient if each bf 

the following conditions is met: 

(A) The covenant not to sue is in the 

public interest. 

(B) The covenant not to sue would expedite reiriOval or remedial action consistent 

with rules adopted by the coirimission under 

' RS 465:400 (2). 

(G) The person is in full compliance with 

a consent judgment under subsection (4)(a) 

of this section for response to the release 

concerned. 

(D) The removal or remedial action has 

been approved by the director. 

(b) The director shall provide a person 

with a,covenant not to sue with respect to 

future liability to the State of Oregon under 

ORS 465.200 to 465.545 and 465.900 for a future release of a hazardous substance from a 

facility, and a person provided such covenant 

not to sue shall not be liable to the State of 

Oregon under ORS 465.255 with respect to 

such release at a future time, for the portion 

of the remedial action: 

(A) That involves the transport and secure disposition offsite of a hazardous substance in a treatment, storage , or disposal 

facility meeting the requirements of section 

3004(c) to (g), (m), (o), (p), (u) and (v) and 

3005(c) of the federal Sohd Waste Disposal 

Act, as amended, P.L. 96-482 and P.L. 98-616, 

if the director has rejected a proposed remedial action that is consistent with rules 

adopted by the commission under ORS 

465.400 that dOes not include such offsite 

disposition and has thereafter required offsite 

disposition; or 

(B) That involves the treatment of a hazardous substance so as to destroy, eliminate 

or permanently immbbiUze the hazardous 

constituentis of the substance, so that, in the 

judgment of the director, the substance no 

lorigei" presents any current or. currently 

foreseeable future significant risk to public 

health, safety, welfare , or the environriient, 

rib by-product of the treatment or destruction 

process presents any sigriificant hazard to 

public health, safety, welfare or the environment, and all by-products are themselves 

treated, destroyed or contained in a manner 

that assures that the by-l)roducts do' riot 

present any current or currently foreseeable 

future significant risk to public health, 

safety, welfare or the environment. 

(c) A covenant not to r sue coricerning future liability to the State of Orejgon shall not 

take effect lintil the director certifies that 

the removal or remedial action has been 

completed in accordance with the requirements Of subsectiOn^(lO) of this section at the 

facility that is the subject Of the.cOverianf. 

(d) In assessing the appropriateness of a 

covenant not to sue urider paragraph (a) of 

this subsection and any condition to be included in a covenant not to sue under paragraph (a) or (b). of this subsection, the 

director, shall consider whether the covenant 

or conditions are in - the public. interest on 

the basis of factors such as the following: . 

(A) The effectiveness and reliability of 

the remedial action, an light of the other alternative remedial actions considered for the 

facility concerned. 

Title 36 Page 784 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.325 

(B) The nature of the risks remaining at 

the facility. 

(C) The extent to which performance 

standards are included in the order or judgment. 

(D) The extent to which the removal or 

remedial action provides a complete remedy 

for the facility, including a reduction in the 

hazardous nature of the substances at the 

facility. 

(E), The extent to which the technology 

used in the removal or remedial action is 

demonstrated to be effective. 

(F) Whether the fund or other sources ,of 

funding would be available for any additibnal 

removal or remedial action that might eventually be necessary at the facility. • 

(G) Whether the removal or remedial action will be carried out, in whole or in significant part, by the responsible parties 

thernselves. 

(e) Any covenant not to sue under this 

subsection shall be subject to the satisfactory 

performance by such party of its obligations 

under the agreement concerned. 

(f)(A) Except,for the pOrtion of the removal or remedial action that is subject to a 

covenant not to sue under paragraph (b) of 

this subsection or de minimis settlement under subsection (8) of this section, a covenant 

not to sue a person concerriirig future liability to the State of Oregon: 

(i) Shall include an exception to the covenant that allows the director to,, sue the 

persbn concerning future liability resiilting 

from the release or threatened release that 

is the subject of the covenant if the liability 

arises out of conditions unknown at the time 

the director certifies under subsection (10) 

of this section that the removal or remedial 

action has been completed at the facility 

concerned; and 

(ii) May include an exceptiori to the covenant that allows the director to sue the 

person coricerriing future liability resulting 

frorn failure of the remedial action. 

(B) In extraordinary circurnstances,i the 

director may determine, after assessment of 

relevant factors such aS; those referred to in 

paragraph (d) of this subsection and volume, 

toxicity, mobility, strength of evidence, ability to pay, litigative risks, public interest 

considerations, precedential value and the 

inequities and aggravating factors, not to include the exception referred to in paragraph 

(f)(A) of this subsebtion if other terms, cbnditions or requiremerits of the agreement 

containing the covenant not to sue are sufficient to provide all reasonable assurances 

that public health, safety, welfare and the 

environment will be protected from any future release at or from the facility. 

(C) The director may include any previsions allowing future enforcement action 

under ORS 465.260 that in the discretion of 

the director are necessary and appropriate to 

assure protection of public health, safety, 

welfare and the environment. 

(8)(a) Whenever practicable and in the 

public interest, as determined by the director, the director shall as promptly as possible 

reach a final settlement with a potentially 

responsible person in an administrative or 

civil action under ORS 465.255 if such 

settlement involves only a minor portion of 

the remedial action costs at the facility concerned arid, in the judgment ofthe director, 

both of the following are minimal in comparison to any bther hazardous substance at 

the facility: 

(A) The amount of the hazardous substance contributed by that person to the facility; and 

(B) The toxic or other hazardous effects 

of the substance contributed by that person 

to the facility. 

(b) The dii-ector may provide a covenant.' 

not to sue with respect to the facility concerned to any party who has entered info a 

settlement under this subsection unless such 

a covenant would be inconsistent with the 

public interest as determined under subsection (7) of this sectiori. 

(c) The director shall reach any such 

settlement or grant a covenarit not to sue as 

soon as possible after the dii-ector h.as available the infOrmatibn necessary to reach a 

settlement Or grant a covenant not to sue. 

, (d) A settlement under this subsection 

shall be entered as a consent judgment or 

embodied in an administrative order setting 

forth the terms of the settlement. The circuit 

court for the county in which the release or 

threatened release occurs or the Circuit 

Court of Marion County rnay enforce any 

such administrative order. 

(e) A party who has resolved its liabihty 

to the state under this subsection shall not 

be liable for claims for contribution regarding matters addressed in the settlemerit. The 

settlement does not discharge any of the 

other potentially responsible persons unless 

its terms,so provide, but it reduces, the potential liability of the others by the amount 

ofthe settlement. • : , -

(f) Nothing in this subsection shall be 

construed to affect the authority of the- director to reach settlements with other, potentially responsible persons under ORS 

465.200 to 465.545 and 465.900. 

Titie 36 Page 785 (2009 Edition) 
•'•W F 

465.327 PUBLIC HEALTH AND SAFETY 

(9)(a) Notwithstanding ORS chapter 183, 

except for those covenants required under 

subsection (7)(b)(A) and (B) of this section,, a 

decision by the director to agree or not to 

agree to inclusion of any covenant not to sue 

in an agreement under this section shall not 

be appealable to the commission or subject 

to judicial review. 

(b) Nothing in this section shall limit or 

otherwise affect the authority of any court 

to review, in the consent judgment process 

under subsection (4) of this sectiori, any covenant not to sue contained in an agreement 

under this section. 

(10)(a) Upon completion of any removal 

or remedial action under an agreement under 

this section, or pursuant 1:o an order under 

ORS 465.260,, the party undertakirig the removal or remedial action shall notify the department and request certification of 

completion. Within 90 days after receiving 

notice, the director shall determine by certification whether the removal or remedial action is completed in accordance with the 

applicable agreement or order. 

(b) Before submitting a final certification 

decision to the court that approved the conIsent j"udgment, or before entering a final administrative order, the director shall provide 

to the public and^to persoris not named'as 

parties to the agreement or order notice and 

opportunity to comment on the, director's 

proposed certification decision, as provided 

tmder:ORS 465.320. 

(c) Any person aggrieved by the director's certification decision may seek judicial 

revieVv of the, certification decision by the 

court that apjiroved the relevant consent 

judgment or, iri the case of an admiriistrative 

order, in the circuit court for the county in 

which the facility is located or in Marion 

County. The decision of the director shall be 

upheld unless the persori challenging the 

certification decision demonstrates that the 

decision was arbitrary and capricious, coritrary to the provisions bf ORS 465.200 to 

465.545 and 465.900 or not supported by substantial evidence. The court shall apply a 

presumption in favor of the director's decision. The court may award attorney fees and 

costs to the prevailing party if the cOurt 

finds the challenge or defense of the director's decision to have been frivolous. The 

court may assess against a party and award 

to the state, in addition to attorney fees and 

costs, an amount equal to the economic gain 

jjrealized by the party if the court finds the 

only purpose of the party's challenge to the 

director's decision was delay for economic 

gain. [Formerly 466.577; 1995 c.662 §2; 2003 c.576 §460] 

465.327 Agreement to release party 

from potential liability to state to facilitate cleanup and reuse of property; eligible parties; terms of agreement. (1) In 

order to facilitate cleanup and reuse of contaminated property, the Department of Environmental Quality may, through a written 

agreement, provide a party with a release 

from potential liability to the state under 

ORS 465.255, if: 

(a) The party is not currently liable under ORS 465.255 for an existing release of 

hazardous substance at the facility; 

(b) Removal or remedial action is necessary at the facility to protect human health 

or the environment; . 

(c) The proposed redevelopment or reuse 

of the facility will riot contribute to or 

exacerbate existing contamination, increase 

health risks or interfere with remedial measures necessary at the facility; and 

(d) A substantial public benefit will result from the agreement, including but not 

limited to: 

(A) The generation of substantial funding 

or other resources facilitating reriiedial rrieasures at the facility, in accordance with this 

section; 

(B) A commitrrient to pefforrh substantial 

remedial measures .at the facility in accordarice with.this section; 

(C) Productive, reuse of a vacant or 

abandoned industrial or commercial facility; 

' o r • ' " ''. ' ' •• •'_ 

'.(D ) Development of a facility,by a, governmental entity or nonprofit organization to 

address an irnporfant public purpibse. 

(2) In determining, whether to'enter an 

agreement under this section, the department 

shall consult with affected land use planning 

j urisdictions and consider reasonably anticipated future land uses at the facility and 

surrounding properties. 

(3) An, agreement under this section,may 

be set forth in an administrative consent order or other adininistrative agreement or in 

a judicial consent judgment entered in accordance with ORS 465.325: Any such agreement may include provisibns corisidered 

necessary by the department, and shall inclu!de: 

(a) A cbriimitment to underi;ake the measures constituting a substantial public benefit; ''.." ' 

(b) If remedial measures are to be perfOrrried under the agreement, a commitment 

to perform any such measures under the department's oversight; 

(c) A waiver by the party of any claim 

or cause of action against the State of OreTitle 36 Page 786 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.335 

gon arising from contamination at the facility existing as of the date of acquisition of 

ownership or operation of the facility; 

(d) A grant of an irrevocable right of 

entry to the departmerit and its authorized 

representative for purposes of the, agreement 

or for remedial measures authorized under 

this section; 

(e) A reservation of rights as tb an entity 

not a party to the agreement; and 

(f) A legal description ofthe property: 

(4) Subject to the satisfactory performance by the party of its obligations under the 

agreement, the party shall not be,liable to 

the State of Oregori under ORS 465.200 to 

,465.545 and 465:900 for any release of ia hazardous substance at the facility existing as 

of the date of acquisition of ownership or 

operation of the facility.' The party shall bear 

the burden of proving that any hazardous 

substance release existed before the date of 

acquisition of ownership ofthe facility. This 

release • from liability shall riot affect a. party's liability for claims arising from any: 

(a) Release of a hazardous substance at 

the facility after the date of acquisition of 

ownership or operation; 

(b) Contribution to or exacerbation of a 

release of a hazardous substance; 

, (c) Interference or failure to cooperate 

with the departmerit or ofher persons conducting remedial measures under the department's oversight at the facility; 

(d) Failure to exercise due care or take 

reasonable precautions with respect to any 

hazardous, substance at the facility; and 

(e) Violation of federal, state or' local 

law. , 

(5) : Any agreement entered Under this 

section shall be recorded in the real property 

records from the county in which the facility 

is located. The benefits arid burdens of the 

agreeriient, including the release from liability, shall run with the land, but the release 

from liability shall limit or otherwise affect 

the liability only of persons who are riot potentially liable under ORS 465.255 for a release of a hazardous substance at the facility 

as bf the date of acquisition of ownership or 

operation of the facility and" who assume and 

are bound by terms of the agreerrient applicable to the facility as of the date of acquisition of ownership or operation. [1995 c.662 

§4; 2003 c.576 §461] 

465.330 State remedial action costs; 

payment; effect of failure to pay. (1) The 

Department of Environmental Quality shall 

keep a record of the state's remedial action 

costs . ; • , 

(2) Based on the record compiled by the 

department under subsection (1) of this section, the department shall require any person 

liable under ORS 465.255 or 465.260 to pay 

the amount of the state's remedial action 

costs and, if applicable, punitive damages. 

(3) If the state's remedial action costs 

and punitive damages are not paid by the liable person to the department within 45 days 

after receipt of notice that such costs and 

damages are due and owing, the Attorney 

General, at the request ofthe Director ofthe 

Department of Environmental Quality^ shall 

bring an action in the,name of the State of 

Oregon in a court of competent jurisdiction 

to recover the amount owed, plus reasonable 

legal expenses. 

(4) All moneys received by the department under this sectiori shall be deposited in 

the Hazardous Substance Remedial Action 

Fund estabhshed under ORS 465:381 if. the 

moneys received pertain to a removal or remedial actibn taken at any facility. [Formerly 

466:580] : "' • . 

, 465.333 Recovery of costs of progi-arii 

deyelopriient, rulemaking and administrative actions as remedial action costs; 

determination of allocable costs. Notwithstanding ORS 291.050 to 291.060, the Department of Environmerital Quality may recover, 

as r-emedial actiori costs, the costs of program development, rulemaking smd other administrative actions required by the 

provisions of ORS 465.315, 465.325 and 

465.327; After July 18, 1995, the department 

may recover such costs by requiring any 

person liable under ORS 465.255 or 465.260 

or any person otherwise undertaking removal 

or remedial action under the department's 

oversight to pay such xosts. Each persbn 

shall pay that portion of costs under ORS 

465.315, 465.325 and 465.327, that the departriient deterrniries to be allocable ,to; removal 

or rernedial action at the person's facility, 

using gerierally accepted accbuntirig principles tod as necessary to be charged per facility to recover the department's costs of 

implementing ORS 465.315, 465.325 and 

465.327. [1995 c.662 §8] 

465.335 Costs, penalties arid damages 

as lien; enforceriient of lien. (1) All of thb 

state's reiriedial action costs, penalties and 

punitive damages for which a person is liable 

to the state under ORS 465.255, 465.260 Or 

465:900 shah-constitute a lien upbn any real 

and personal property owned by the person. 

(2) At the discretion of the Department 

of Environrrierital Quality, the department 

may file a claim of lien on real property or 

a claim of lien on personal property. The department shall file a claim of lien on real 

property to be charged with a lien under this 

section with the recording officer of each 

county in which the real property is located 

and shall file a claim of lien on personal 

Titie 36 Page 787 (2009 Edition) 
465.340 PUBLIC HEALTH AND SAFETY 

^ a i 9t 

property to be charged with a lien under this 

section with the Secretary of StatO; The lien 

shall attach and become enforceable on the 

day of such filing. The lien claiin shall contain: 

(a) A statement of the'demand; 

(b) The name of the person against whose 

property the lien attaches; 

(c) A description ofthe property charged 

with the: lien sufficient for identification; and 

(d) A statement of the failure of the person to conduct removal or remedial action 

and pay penalties arid damages as required: 

(3) The lien created by this section rriay 

be foreclosed by a suit on real and personal 

property in the circuit cbiirt in the riaariner 

provided by law for the foreclosure of other 

liens. 

(4) Nothing in this section shall affect 

the right of the state to bring an action 

against any person to recover all costs and 

damages for which the person is liable imder 

ORS 465.255, 465.260 or 465.900. [Formerly 

•466.583 ] ' ' • : . • '••;' , 

465.340 ; Contractor liability; indemnification. (l)(a) A person who is a contractor 

with respect to any release of a hazardous 

substance from a facility shall not be liable 

under ORS 465.200 to 465.545 and 465.900 or 

;under. any other; state law to any person for 

.injuries, costSi damages, expenses or pfher 

liability including but not limited to clairns 

for indemnification, or contribution and 

^claims by third parties for death, personal 

injury, illness or loss of or damage tO property or economic loss that result frorri such 

.release.) ; • . 

(b) Paragraph (a) bf this siibsectipn shall 

riot apply if the release is caused by coridiict 

ofthe contra,ctor that is negligent, reckless, 

willful or wantori rriiscoriduct or that constitutes intentional miscoriduct. 

(c)'Nothing iri this subsection shaUaffect 

the liability of any other person under any 

warranty urider federal, state, or cornmon 

law. Nothirig in, this subsection shall affect 

the liability of an employer.who is a con-

.tractor to, any employee of such employer 

under any provision of law,. including any 

provision of any law .relating to workers' 

compensation. 

(d) A state employee or an employee of a 

political subdivision who provides services 

relating: to a removal or remedial action 

while acting within the scope ofthe person's 

authority as a governmental. employee shall 

ave the same, exemption from liability subject to the other provisions of this section, 

as is provided to the contractor under this 

section. 

(2)(a) The exclusion provided by ORS 

465.255 (2)(b)(C) shall not be available, to any 

potentially responsible party with respect to 

any costs or damages caused by any. act or 

omission of a contractor; 

(b) Except as provided in subsection (l)(d) 

of this section and paragraph (a) of this subsection, nothing in this section shall affect 

the liability under ORS 465.200, to 465.545 

zuid 465.900 or urider any other federal or 

state law of any person, other than a contractor. 

(c) Nothing in this section shall affect 

the plaintiffs burden of establishing liability 

vmder .ORS 465.200 to 465.545 .arid 465.900. 

(3)(a) The Director of the Department of 

Environmental Quality may agree to hold 

harmless and indemnify any contractor 

meeting the requirements of this subsection 

against any liability, including the expenses 

of litigation or settlement, for negligence 

arising out of the contractor's performance 

in carrying out removal br remedial action 

activities under ORS ,465.200 to 465.545 arid 

.465.900, unless such liability was caused by 

conduct bf the contractor which was grossly 

negligent, reckless, willful or wantori misconduct, or which constituted intentional 

misconduct. 

(b) This subsection shall app^lyonly to a 

rembval or remedial action carried out under 

written agreerrient with: - , 

(A) The director; 

(B) Any state agency; or ,, 

• (C) Any potentially respbnsible 'party 

carrying out any agreerrient under ORS 

465.260 or 465.325. •• , 

(c) For purposes of ORS 465.200 to 

465.545 and 465.900, amounts expended from 

the fimd for indemnification of any contractor shall be considered remedial actiori costs. 

(d) An inderrinificatiOn agreement may be 

provided under . this subsection only if the 

directbr determines that each of the followirig requirements iare met: 

(A) The liability, covered by the indemnification agreement exceeds or is not covered 

by irisurance available, at a fair andi reasonable price, to the contractor at the time the 

contractor enters into the contract to provide removal or remedial action, and adequate insurance to cover such liability is not 

generally available at the time the contract 

is entered into. 

(B) The contractor has made diligent,efforts to obtain insurance coverage. 

'(C) In the case of a contract covering 

more than one facility, the contractor agrees 

to continue to make diligent efforts to obtain 

insurance coverage each time the contractor 

Titie 36 Page 788 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.375 

begins work under the contract at a new facility. 

(4)(a) Indemnification under this subsection shall apply only to a contractor liability 

which results from a release of any hazardous substance if the release arises out of removal or remedial action activities. 

(b) An indemnification agreement under 

this subsection shall iriclude deductibles and 

shall place limits on the amount of indemnification to be made available. 

(c)(A) In deciding whether to enter into 

an indemnification agreement with a contractor carrying out a written contract or 

agreement with any potentially responsible 

party, the director shall determirie an 

amount which the potentially responsible 

party is able to indemnify the contractor. 

The director rriay enter into an indemnification agreement orily' if the director determines that the amourit of indemnification 

available from the potentially responsible 

party is inadequate to cover any reasonable 

potential liability of the contractor arising 

out of the contractor's negligence in performing the contract or agreement with the 

party. In making the determinations required under this subparagraph related to 

the amount and the adequacy of the. amourit, 

the director shall take irito account the total 

net assets and resources of the potentially 

responsible party with respect to the facility 

at the time the director makes the determinations. 

(B) The director may pay.a claim under 

an indemnification agreement referred to in 

subparagraph (A) of this paragraph for the 

amount determined under subparagraph (A) 

of this paragraph only if the contractor has 

exhausted all adininistrative, judicial and 

common law; claims for inderrinificatiori 

against all potentially responsible parties 

participating in the cleanup of the facility 

with respect to the liability of the contractor 

arising out of the contractor's negligence in 

performing the contract or agreement with 

the parties. The indemnification agreement 

shall require the contractor to pay any deductible established: under paragraph (b) of 

this subsection before the contractor may 

recover any amount from the potentially responsible party or under the indemnification 

agreement. 

(d) No owner or operator of a facility 

regulated under the federal Solid Waste Disposal Act, as amended, PL. 96-482 arid P.L. 

98-616, rriay be indemnified under this subsection with respect to siich facility. 

(e) For the purposes of ORS 465.255, any 

amourits expended under this section for indemnification of any person who is a contractor with respect to any release shall be 

considered a remedial action cost incurred 

by the state with respect to the release. 

(5) The exemption provided under subsection (1) of this section and the authority 

of the director to offer indemnification under 

subsection (3) of this section shall not apply 

to any person liable under ORS 465.255 with 

respect to the release or threatened release 

concerned if the person would be covered by 

the provisions even if the person had not 

carried out any actions referred to in. subsection (6) of this section. 

(6) As used in this, section: 

(a). "Contract" means any written contract or agreement to provide any removal 

or remedial action under ORS 465.200 to 

465.545 and 465.900 at a facility, or any removal under: ORS 465.200 to 465.545 and 

465.900, with respect to any release of a hazardous substance from the facility or to provide any evaluation, planning, engirieering, 

surveying and mapping, design, construction, 

equipment or any ancillary services thereto 

for such facility, that is entered, into by a 

contractor as defiried in paragraph (b)(A) of 

this subsection with: 

(A) The director; , 

(B) Any state agency; or 

(C) Any potentially responsible party 

carrying out an agreement under ORS 

465.260 or 465.325. 

(b) "Contractor" means: 

(A) Any person who enters into , a removal or remedial acfion contract with respect to any release of a hazardous substance 

from a facility and .is carrying out such contract; and 

(B) Any person who is retained or hired 

by a person described in subparagraph (A) of 

this paragraph to provide any services relating to a removal or remedial action. 

(c) "Insurance" means liability insurance 

that is fair and reasonably priced; as determined by the director, and that' is rriade 

available at the time the contractor enters 

into the removal or remedial action contract 

to provide removal or remedial action. 

[Formerly 466.585; 1991 c.692 §2] 

465.375 Monthly fee of operators; 

amount; use of moneys. (1) Every person 

who opierates a facility for the purpose of 

disposing of hazardous waste or PCB that is 

subject to interim status or a permit issued 

under ORS 466.005 to 466.385 and 466.992 

shall pay a hazardous waste management fee 

by the 45th day after the;last,day of each 

month for all waste brought into the facility 

during that rrionth for treatment by 

incinerator or for disposal by landfill at the 

facility. The operator of the facility shall 

provide to every person who disposes of 

Titie 36 Page 789 (2009 Edition) 
465.376 PUBLIC HEALTH AND SAFETY 

waste at the facility a statement showing the 

amount of the hazardous waste management 

fee paid by the person to the facility. 

(2).,The hazardous waste management fee 

under subsection (1) of this section shall be 

$20 a ton. 

(3) In addition to the fee required under 

subsection (2) of this section, $10 per ton 

shall be included as part of the hazardous 

waste managernent fee for waste described in 

subsectiori (1) of this section. 

(4) The additional amounts collected under subsection (3) of this section shall be deposited in the State Treasury to the credit 

of an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to be 

used to carry out the department's duties 

under ORS 466.005 to 466.385 related to the 

management of hazardous waste. • 

(5) At least 50 percent of the fees col^ 

lected under subsection (3) of this section 

shall be used by the department to implement ORS 466.068." [Formerly 466.587; 1991 c.721 

§1; 1995 C.552 §1; 2005 c.622 §1] 

465.376 Special hazardous w^aste management fees; use of fees. (1) Notwithstanding ORS 465.375 (2) and (3), the 

hazardous waste management fee shall be: 

' (a) $7.50 per ton for waste from,the primary production of steel in electric furnaces 

that is emission control dust, or emission 

control sludge identified as United States 

Environmental Protection Agency haizardous 

waste number K061 in 40 C.F.R. 261.32. The 

facility that accepts the waste must have a 

plan and a schedule approved by the Department of Environmental Quality fb develop 

iand evaluate a treatment process for the 

waste. The department may withdraw approval of the plan if the facility does not implement the plan in accordance with the 

approved schedule. The approved treatment 

process shall be designed to achieve treatment levels similar to the treatment levels 

that would be required for the hazardbus 

waste if the waste were delisted in Alaska, 

Idaho or Washington under 40 C.F.R. 260.22, 

adopted under: 

(A), The federal Resource Conservation 

and Recovery Act of 1976 (P.L. 94-580) and 

the Hazardous and Solid Waste Amendments 

of 1984 (P.L. 98-616), as amended; or 

(B) A state-authorized Resource Conservation and Recbvery Act program.-

, (b) For waste received by the facility 

from the same site, property or hazardous 

waste management unit, if the total waste 

received is: 

(A) Up to 2,500 tons, $20 per ton for all 

waste received; 

(B) More than 2,500 tons and less than 

or equal to 12,500 tons, $10 per ton for all 

waste received; 

(C) More than 12,500 tons and less than 

or equal to .25,000 tons, $5 per ton for all 

waste received; or 

(D) More than 25,000 tons, $2.50 per ton 

for all waste received. 

(c) $15 per ton for waste that is hazardous waste when received and treated at the 

facility so that the waste is no longer a solid 

waste as defined in ORS 459.005. 

(d) $2 per ton for waste that is: 

(A) A characteristic hazardous waste at 

the pbint of generation and that has been 

treated at the facility or at an off-site location so that the waste no longer exhibits 

the characteristics of hazardous. waste arid 

so that the. waste corriplies with any applicable land disposal requirements;: 

(B) Liquid waste, when the-waste is received and treated at a wastewater treatment 

unit at the facility so that the waste does not 

exhibit any characteristics,, of hazardous 

waste and so that the resulting liquid is 

managed at a permitted unit at the facility; 

(C) Solid waste that results from cleanup 

activities and that must be disposed of in ia 

facility for the disposal of hazardous waste 

as a result of restrictions imposed under ORS 

459.055 (8) or 459.305 (7); or 

(D) Solid waste that is not hazardous 

waste or PCB under a state or federal law 

at the point of generation and that is not a 

hazardous waste under Oregon law. • 

(2) Upon the request of the department, 

a facility shall allow the department to review the: information relating to waste received by the facility tbat the facility used 

to determine the hazardous. waste rnanagement fee for the types of waste described in 

subsection (l)(b) of this section. , ' 

(3) One-third.of the amount collected under subsection (1) of this section shall be deposited in the State Treasury to the credit 

of an account of the department. Such moneys are continuously appropriated to the department to be ,used to carry out the 

departrnent's duties under ORS, 466.005 to 

:466.385 related to the management. of hazardous waste. i 

(4) Two-thirds of the amount collected 

under subsection (1) of this section shall be 

deposited in the State Treasury to the credit 

of the Hazardous: Substance Remedial Action 

Fund created under ORS 465.381 to be used 

for the purposes described in ORS 465.381 (5). 

(5) ,For purposes of subsection (l)(b) of 

this section, "waste" means waste that is: 

(a) PCB under Oregon or federal law; 

Title 36 Page 790 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERL\LS I 465.381 

(b) Hazardous debris; 

(c) Hazardous waste that becomes subject 

to regulation solely as a result of removal or 

remedial action taken in response to environmental contamination; or 

(d) Hazardous waste that results from 

corrective action or closure of a regulatbd or 

nonregulated waste management unit. [2005 

c.622 §3] 

465.378 Department to work with 

other states to avoid disruption of waste 

flow^s. The Department of Enyironrnental 

Quality shall work cooperatively with other 

states to avoid disrupting or changing waste 

flows between states that may be caused by 

the,establishment or adjustment of state disposal fees. [1995 c.552 §4] 

465.380 [Formerly 466.590; 1991 c.703 §47; 1991 c.721 

§2; repealed by 1993 c.707 §4 (465.381 enacted in heu of 

465.380)] 

, 465.381 Hazardous Siibstance. Remedisd Action Fund; sources; uses; Orphan 

Site Account; uses. (1) The Hazardous Substance Remedial Action Fund is established 

separate and distinct from the General Fund 

in the .State Treasury. Interest earned by the 

fund shall be credited to the furid. 

(2) The following shair be deposited into 

the State Treasury and credited to the Hazardous Substance Remedial Action Fund: 

(a) Fees received by the Department of 

Envirorimental Quality under ORS 465.375. • 

, (b) Moneys 'recovered or otherwise received from responsible pai;ties for rerriedial 

action costs. Moneys recovered from reSporisible parties for costs paid by the department 

from the Orphan Site Account established 

under subsection (6) of this section shall be 

credited to the Orpban Site Account. 

(c) Moneys received urider the schedule 

of fees established urider ORS 453.402 (2)(c) 

and 459.236 for the purpose of pi'pyidirig 

funds for the Orphari Site Account, which 

shall be credited to the Orphan Site Account 

established under subsection (6) of this section. , i , ' 

(d) Any penalty, fine or punitive damages 

recovered under ORS 465.255, 465.260, 

465:335 or,465.900.^ ; ' 

(e) Fees received by the department under ORS 465.305. 

(f) Moneys and interest that are paid, recovered or otherwise received under financial assista,nce agreements. 

(g) Moneys appropriated to the fund by 

the Legislative Assembly. 

(h) Moneys from any grant made to the 

fund by a federal agency. 

(3) The State Treasurer may invest and 

reinvest moneys in the Hazardous Substance 

Remedial Action Fund in the manner provided by law. 

(4) The moneys in the Hazardous Substance Remedial Action Fund are appropriated continuously to the departirient to be 

used as provided in subsection (5) of this 

section. 

(5) Moneys in the Hazardous Substance 

Remedial Action Fund may be used for the 

following purposes: 

(a) Payment of the department's remedial 

action costs; 

(b) Funding any action or activity authorized by ORS 465.200 to 465.545 and 

465.900, including but not limited to providing financial assistance pursuant to an 

agreement entered into under ORS 465.285; 

and 

(c) Providing the state cost share for a 

removal or remedial action, as required by 

section 104(c)(3) of the federal Comprehensive Environmental Response, Compensation 

and Liability Act, P.L. 96-510, and as 

amended by P.L. 99-499. 

(6)(a) The Orphan Site Account is established in the Hazardous Substance Remedial ' 

Action Fund in the State Treasury. All? 

moneys credited to the Orphan, Site Account 

are continuously appropriated to the department for: 

' (A) Expenses of the department related 

to facilities or activities associated with the 

removal or remedial action where the department determines the responsible party is 

unknown or is unwilling or unable to undertake all required removal or remedial action; 

and 

(B) Grants and Ibans to local government 

units for facilities or activities associated 

with the removal br rerriedial action Of a 

hazardous substance. 

(b) The Orphan Site Account, rnay riot be 

used to pay the state's remedial action costs 

ait facilities owried by the state. HoAvever, 

this paragraph does not prohibit the use of 

Orphan Site Account morieys fbr'remedial 

action on submerged or submersible lands as 

those terms are defined in ORS 274;005 and 

tidal submerged lands as defined in ORS 

274.705. 

(c) The Orphan, Site Account may be used 

to pay claims for reimbursement filed and 

approved under ORS 465.260 (7). 

(d) If bonds have been issued under ORS 

468.195 to provide funds for removal or remedial action, the departrrierit shall first 

transfer from the Orphan Site Account to the 

Pollution Control Sinking Fund, solely from 

the fees collected pursuant to ORS 453.402 

(2)(c) and under ORS 459.236 for such purposes, any amount necessary to provide for 

Title 36 Page 791 (2009 Edition) 
.465.386 PUBLIC HEALTH AN D SAFETY 

the payment of the principal and interest 

upon such bonds. Moneys from repajmient of 

financial assistance or recovered from a responsible party shall not be used to provide 

for the payment of the principal and interest 

upon such bonds. 

(7)(a) Of the funds in the Orphan Site 

Account derived from the fees collected pursuant to ORS 453.402 (2)(c) and under ORS 

459.236, for the purpose of providing funds 

for the Orphan Site Account, and of the proceeds of any bond sale under ORS 468.195 

supported by the fees collected pursuant to 

ORS 453.402 (2)(c) and under ORS 459.236, 

for the purpose of providing funds for the 

Orphan Site Account, nO more than 25 percent may be obligated in 8my biennium by 

-the departmenf to pay for removal or remedial action at facilities determined by the 

department to have an unwilling responsible 

party, unless the department first receives 

approval from the Legislative Assembly. , 

(b) Before the department obligates 

money from the Orphan Site A,ccount derived 

from the fees collected pursuant to ORS 

453.402 (2)(c) and under ORS 459:236. for the 

purpose of providing funds for the Orphan 

^Site Account, or the proceeds of any borid 

sale under ORS 468.195 supported by fees 

'collected pursuant to ORS 453;402 (2)(c) and 

under ORS 459.236, for the purpose = of providing funds, for the Orphan Site Account for 

rernoval or remedial action at a ,facility deterrnined by the department,to have an un-

.wilhng responsible party; the department 

must first determine whether there is, arieed 

for immediate removal or remedial; action at 

the facility to protect public health, safety, 

•welfare or the enviroriment. The department 

shall, determine the rieed for immediate removal or remedial action in accordance with 

rules adopted by the Environrriental Quality 

Commission. [1993 c.707 §5 (enacted in lieu of 

465.380); 1999 c:534 §1]' 

465.385' [1989 c:833 §§132,171;' 1991 c.703 §13; repealed 

by 1993 0.707 §6 (465.386 enacted in Ueu of 465:385)] .; 

465.386 Cpnunission authorized to increase fees; basis of increase; amount of 

increase. (1) Notwithstanding the totals estabhshed in ORS 459.236, the Environmental 

Quality Commission by rule may increase the 

total amount to be collected, annually as a 

fee and deposited into the Orphan Site A,ccount under ORS 459.236. The commission 

shall approve an increase if the cominission 

determines: 

(a) Existing fees being deposited into the 

(

Orphan Site Account are not sufficient,, to 

pay debt service on bonds sold to pay for removal or remedial actions at sites where the 

Department of Environmental Quality deterr 

mines the responsible party is unknown or is 

unwilling or unable to undertake all required 

removal or remedial action; or 

(b) Revenues from the sale of bonds; cannot be used to pay for activities related to 

removal or remedial action, and existing fees 

being deposited into the Orphan Site Account are not sufficient to pay for these activities. 

(2) The increased amount approved by 

the commission under subsection (1) of this 

section: 

(a) Shall be no greater than the amount 

needed to pay anticipated cOsts specifically 

identified by the Department of Environmental Quality at sites where the departriient 

determines the responsible party is' unknown, 

unwilling or unable to undertake all required 

removal or remedial action; and 

(b) Shall be subject to prior approval by 

the Oregon Department of .Administrative 

Services and a report to the Emergency 

Board' prior to adopting the fees and shall be 

within the budget authorized by the Legislative Assembly as that budget may be rriodified by the Emergency Board during the 

interim period between sessions. [1993 c.707 §7 

(enacted in lieu of 465.385); 1999 c.534 §2; 2007 c;71 §146] 

- 465.390 [1989 c;833 §§133,172; repealed by 1993 c.707 

§8 (465.391 enacted in Ueu of 465.390)]. , • '. 

465.391 Effect of certairi laws on liability of person. Nothing ui ORS 453.396 

to 453.408, 453.414, 459.236 and 459.311, uicluding the limitation on the amount a local 

government unit must contribute urider ORS 

459.236 and 459.311, shall be construed to., affect or limit the liability of any persOn. [1993 

c.707 §9 (enacted in lieu of 465.390)] 

465.400 Rides; designation of hazardous substance. (1) In accordance with the 

applicable provisions of ORS chapter, 183, the 

Environmental , Quality Comrriission may 

adopt rules necessary to carry but the provisions bf ORS 465:200 to 465,545 arid 465.900. 

.(2)(a) Within .one year after July 16, 1987, 

the cbmmission shall adopt rules establishing 

the levels, factors, criteria or other provisions, for the degree of cleanup including 

the coritrol of further releases of a hazardous 

substance, and the selection of remedial actions necessary to assure protection of the 

public health, safety, welfare and the environment. ' 

(b) In developing rules pertaining to the 

degree of cleanup and the selection of remedial actions under paragraph (a) of this subsection, the commission may, as appropriate, 

take into account: 

(A) The long-term uncertainties associated with land disposal; 

(B) The goals,. objectives and requirements of ORS 466.005 to 466.385; 

Title 36 Page 792 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.430 

(C) The persistence, toxicity, mobility 

and, propensity to bioaccumulate of such 

hazardous substances and their constituents; 

(D) The short-term and long-term potential for adverse health effects from human 

exposure to the hazardous substance; 

(E) Long-term maintenance costs; 

(F) The potential for future remedial action costs if the alternative remedial action 

in question were to fail; 

(G) The potential threat to human health 

and the environment associated with excavation, transport arid redisposal or containment; and 

(H) The cost effectiveness. 

(3)(a) By rule, the commission may designate as a hazardous substance any element, 

compound, mixture, solution or substance or 

any class of substances that, should a release 

occur, may present a substantial danger to 

the public health, safety, welfare or the environment. 

(b) Before designating, a substance or 

cla:ss of substances as a hazardous substance, 

the cornmission rriust find that the substance, 

because of its quantity, concentration, or 

physical, chemical or toxic characteristics, 

may pose a present or future hazard to human health, safety, welfare or the environment should a release occur. [Formerly 466.553] 

465.405 Rtiles; "confirmed release"; 

"preliminary assessment." (1) The Environmental Quality Commission shall adopt 

by rule: 

(a) A definition of "confirrtied release" 

and "preliminary assessment"; and 

(b) Criteria to be applied by the Director 

of tbe Department of Environmental Quality 

in determining whether to remove a facility 

from the list and inventory under ORS 

465.230.; . 

(2) In adopting rules under this section, 

the commission shall exclude from the list 

and inventory the following categories of releases to the extent the commission determines the release pOses no significant threat 

to present or future public , health,; safety, 

welfare or the environrrient: 

(a) De minimis releases; 

(b) Releases that by their nature rapidly 

dissipate to undetectable or insignificant levels; • ' , ' 

(c) Releases specifically autborized by 

and in compliance with a current arid legally 

eriforceable permit issued by the Department 

of Environmental Quality or the United 

States Environrriental Protection Agency; or 

(d) Other releases that the commission 

finds pose no significant threat to present 

and future public health, safety, welfare or 

the environment. 

(3) The director shall exclude from the 

list and inventory releases the director determines have been cleaned up to a level 

that: 

(a) Is consistent with rules adopted by 

the commission under ORS 465.400; or 

(b) Poses no significarit threat to present 

or future public health, safety, welfare or the 

environment. [1989 c.485 §7] 

465.410 Ranking of inventory abcording to risk; rules. In addition to the riiles 

adopted under ORS 465.405, the Environmental Quality Commission shall adopt by 

rule a procedure for ranking facilities on the 

inventory based on the short-term and longterm risks they pose tb present and future 

public health, safety, welfare or the environment. [1989 c.485 §8] 

465.420 Remedied Action Advisory 

Committee. The Director ofthe Departmerit 

of Environmerital Quality shall appoint a 

Remedial Action Advisory Committee in order to advise the Department of Environmental Quality in the developrrient of rules 

for the implementation of ORS 465.2{)0 to 

465.545 and 465.900. The committee shall be 

comprised of members representing at least 

the following interests: 

(1) Citizens; ' 

(2) Local governments; 

(3) Erivironmental organizations; and 

(4) Industry. [Formerly 466.555] 

465.425 "Security interest holder" defined for ORS 465.430 to 465.455. As used 

in QRS 465.430 to 465.455, "security interest 

holder" means a person who, without participating in the management of a facility, holds 

indicia of ownership prirriarily to protect a 

security interest in a facility. [1991 c.680 §2]' 

465.430 Legislative findirigs. (l)(a) The 

Legislative Assembly finds that existing federal and state law related to liability of a 

security interest holder fbr environmental 

contarriiriation is unclear, and that such lack 

of clarity has ci^eated uncertainty bn the part 

of security interest holders as tb whether 

security interest holders are liable for environmental contamination caused by their 

borrowers or other third parties. 

(b) The Legislative Assembly therefore 

declares that clarification regarding srich potential liability in a manner consistent with 

federal statutes and regulations is desirable 

in order to provide certainty for security interest holders, and to encourage responsible 

practices by security iriterest holders and 

borrowers to protect the public health and 

the environment. 

Titie 36 Page 793 (2009 Edition) 
k 465.435 PUBLIC HEALTH AN D SAFETY 

(2)(a) The Legislative Assembly also finds 

that uncertainty exists in state, law as to potential liability of certain fiduciaries for environmental contamination at property held 

in tbeir fiduciary capacity. 

(b) The Legislative Assembly therefore 

declares that it is in the public interest to 

provide an exemption frorn such potential liability in certain circumstances. [1991 c.680 §3] 

465.435 Rules relating to exemption 

from liability for security interest holder. 

(1) The Environmental Quality Commission 

may adopt rules necessary to clarify the 

scope and meaning of the exemption from liability under ORS 465.255 of a security interest holder. The rules shall: 

(a) Identify; activities that are consistent 

with bolding and protecting a security interest in a facility and therefore exempt from 

hability under ORS 465.255; 

. (b) Identify the extent to which a security iriterest.holder may undertake activities 

to oversee the affairs of a borrower for purposes of protecting a security interest in a 

facility and continue to be exempt from the 

liability imposed under ORS 465.255; 

(c) Identify the activities a security interest holder may undertake in connection 

with foreclosure on a security interest in a 

facility and continue to be exempt from the 

liability imposed under ORS 465.255; and 

(d) Allow a security interest holder to 

encourage and require responsible environmerital management by borrowers. 

(2) In adopting rules under subsection (1) 

of tbis section, the commission shall: 

(a) 'Exclude the mere capacity br unexercised right to influence a facility's manageirient of hazardous substance frorri activities 

that might void a security interest holder's 

exemption from liability; and 

(b) Distinguish activities that are consistent with holding, protecting and foreclosing of a security interest, and that are 

therefbre exempt from liability, from activities that constitute actual participation in 

the management of a facility that rnay be 

grounds for liability under ORS 465.255. 

(3) In adopting rules under subsection (1) 

of this section, the comrriission shall consider 

and, to the extent consistent with subsections (1) and (2) of this section, adopt rules 

parallel in effect to any federal statute or 

regulation, adopted and effective on or after 

May 1, 1991, pertairung to the scope,jand 

rrieaning of tbe exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980, as amended (P.L. 96-510 and 99-499), of 

a security interest holder. [1991 c.680 §4] 

465.440 Rules relating to exemption 

from liability for fiduciary. In accordance 

with the purposes of ORS 465.425 to 465.455, 

the Environmental Quality Commission by 

rule shall define the instances in which a 

person acting under ORS chapter 709 and in 

a fiduciary capacity shall be exempt from liability for environmental contamination at 

property the fiduciary holds in a fiduciary 

capacity. In adopting the rules, the commission shall consider and, to the extent appropriate, provide exemptions from liability for 

the fiduciaries that are similar in purpose 

and effect tb those exemptions provided for 

security interest holders under rules adopted 

under ORS 465.435. [1991 c.680 §5] 

465.445 Advisory committee. The Director of the Department of Environmental 

Quality shall appoint an advisory committee 

to advise the Department of Environmental 

Quality and the Environmental Quality 

Commission in the development of rules under ORS 465.435 and 465.440. [1991 c.680 §6] 

465.450 Limitation on commission's 

discretion to adopt ndes. Notwithstanding 

the discretion otherwise allowed under ORS 

465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the Environmental Quality 

Commission shall adopt rules under ORS 

465.435. [1991 c.680 §7) 

465.455 Construction of ORS 465.425 to 

465.455. Nothing in ORS 465:425 to 465.455 

or any rule adopted under ORS 465.435 or 

465:440 shall be Construed to impose liability 

on a security interest holder or fiduciary or 

to expand the liability of a security interest 

holder or fiduciary beyond that which iriight 

otherwise exist. [1991 c.680 §8] 

(Oregon Environmental Cleanup 

Assistance) 

465.475 Definitions for ORS 465.475 to 

465.480. For the purposes of ORS 465.475 to 

465.480: 

(1) "Erivironmental claim" means a claim 

for defense or indemnit;y submitted under a 

general liability insurarice policy by ari irisured facing, or Allegedly facing, potential liability for bodily injury or property damage 

arising from a release of pollutants onto or 

into land, air or water. 

(2) "General liability insurance policy" 

means any contract of insurance that provides coverage for the obligations at law or 

in equity of an insured for bodily injury, 

property damage or personal injury to others. 

"General liability insurance policy" includes 

but is not liinited to a pollutiori liability insurance policy, a commercial general liability 

insurance policy, a comprehensive general 

liability policy, an excess liability policy, an 

Titie 36 Page 794 (2009 Edition) 
m 

HAZARDOUS WASTE AND HAZARDOUS MATERL\LS I 465.479 

umbrella liability insurance policy or any 

other kind of policy covering the liability of 

an insured for the'' claims of third parties. 

"General liability insurance policy" does not 

include homeowner or motor vehicle policies 

or portions of other policies relating to 

homeowner or motor vehicle coverages, 

claims-made policies or portions of other 

policies relating to claims-made policies or 

specialty line liability coverage such as directors and officers insurance, errors and 

omissions insurance or other similar policies. 

(3) "Insured" means any person included 

as a named insured on a general liability insurance policy who has or had a property 

interest in a site in Oregon that involves an 

environmental claim. 

(4) "Lost policy" rtieans any part or all 

of a general liability insurance policy that is 

alleged to be ruined, destroyed, rriisplaced or 

otherwise rio longer possessed by the insured. 

(5) "Policy" means the Written contract 

or agreement, and all clauses, riders, 

endorsements and papers that are a part of 

the contract or agreement, for or effecting 

insurance. [1999 c.783 §2; 2003 c.799 §1] 

465.478 Legislative findings. The Legislative Assembly finds that there are many 

insurance coverage disputes involving insureds who face potential liability for their 

owriership of or roles at polluted sites in this 

state. The State of Oregon has a substantial 

public interest in promoting the fair and efficient resolution of environmental claims 

while encouraging voluntary compliance and 

regulatory cooperation. [1999 c.783 §3] 

465.479 Lost policies; investigation by 

insurer required; minimum staridards for 

irivestigation. (1) If, after a diligent investigation by an irisured of the insured's own 

records, including computer records and the 

records of past and present agents of the insured, the insured is unable to reconstruct a 

lost policy, the insured rriay provide a notice 

of a lost policy to an insurer. 

(2) An insurer must investigate thorougbly and promptly a notice of a lost policy. 

An insurer fails to. investigate thoroughly 

and promptiy if the insurer fails to provide 

all facts known or discovered during an investigation conceming the issuance and 

terms of a policy, including copies Of documents establishing the issuance and terms of 

a policy, tp the insured claiming coverage 

under a lost policy. 

(3) An insurer and an insured must comply with the following mirumum standards 

for facilitating reconstruction of a lost policy 

and determining the terrns of a lost policy as 

provided in this section: 

(a) Within 30 business days after receipt 

by the insurer of notice of a lost policy, the 

insurer shall commence an investigation into 

the insurer's records, including computer records, to determine whether the insurer issued the lost policy. If the insurer 

determines that it issued the policy, the insurer shall commence an investigation into 

the terms and conditions relevant to any environmental claim made under the policy. 

(b) The insurer and the insured shall cooperate with each other in determining the 

terms of a lost policy. The insurer and the 

insured: 

(A) Shall provide to each other the facts 

known or discovered during an investigation, 

including the identity of any witnesses with 

knowledge of facts related to the issuance or 

existence of a lost policy. 

(B) Shall provide each other with copies 

of documents establishing facts related to the 

lost policy. 

(C) Are not required to produce material 

subject to a legal privilege or confidential 

claims documents provided to the insurer by 

another policyholder. 

(c) If the insurer or the insured discovers 

information tending to show the existence of 

an insurance policy applicable to the claim, 

the insurer or the insured shall provide an 

accurate copy of the terms of the policy or 

a reconstruction of the policy, upon the request of the insurer or the insured. 

(d) If the insurer is not able to locate 

portions of the policy or determine its terms, 

conditions or exclusions, the insurer shall 

provide copies of all insurance policy forms 

issued by the insurer during the .applicable 

policy period that are^ pbtentiaUy applicable 

to the environmental claim. The insurer shall 

state which of the poteritially applicable 

forms, if any, is most likely to have been issued by the insurer, or the insur-er shall 

state why it is unable to identify the forms 

after a good faith search. ' 

(4) Following the mirumum standards established in this section does not breate, a 

presumption of coverage fOr an, environmental claim once the lost policy has been 

reconstructed. 

(5) Following the minimum standards established in this section does not constitute: 

(a) An adrnission by, an insurer that a 

policy was issued or effective; or 

(b) An affirmation that if the policy was 

issued, it was necessarily in the form 

produced, unless so stated by the insurer. 

(6) If, based on the inforrnation discovered in an investigation of a lost policy, the 

insured can show by a preponderance of the 

evidence that a general liability insurance 

policy was issued to the insured by the insurer, then if: !* 

Titie 36 Page 795 (2009 Edition) 
465.480 PUBLIC HEALTH AND SAFETY 

(a) The insured cannot produce evidence 

that tends to show the policy limits applicable to the policy, it shall be assumed that the 

minimum limits of coverage, including any 

exclusions to coverage, offered by the insurer 

during the period in question were purchased 

by the insured. 

(b) The insured can produce evidence 

that tends to show the policy limits applicable to the, policy, then the insurer has the 

burden of proof to show that a different policy limit, including any exclusions tO coverage, should apply. 

(7) An insurer may claim an affirmative 

defense to a claim that the insurer failed to 

follow the minimum standards established 

under this section if the insured fails to cooperate with the insurer in the reconstruction of a lost policy under this section. 

(8) The Director of the Department bf 

Consumer and Business Services shall enforce this section and any rules adopted by 

the director to implement this section. , 

(9) Violation by an insurer of any provision of this section or any rule adopted 

under this section is an unfair claim settlement practice under QRS 746.230; 

(10)'As used in this section, "notice of a 

lost policy" means written notice of the lost 

policy in sufficient detail to identify the person or entity clairriing coverage, iricludirig 

information, concerning the name bf the alleged policyholder, if known, and material 

.facts concerning the lost policy known to the 

- alleged policyholder. [2003 c.799 §4] 

465.480. Insurarice for environmental 

claims; rules of coristruction; duty tb pay 

defense br iridemnity costs; allociation. (1) 

As used in this section: 

(a) "Suit" or "lawsuit" includes but is not 

liniited to formal judicial proceedings, administrative proceedings and actions taken 

under Oregon or federal law, including actions taken urider administrative oversight 

of the Department of Environmental Quality 

or the United States Environmental Protebtiori Agency pursuant to written voluntary agreements, consent decrees and 

consent orders. 

(b) "Uninsured" means an insured who, 

for any period of time after January 1, 1971, 

that is included in an environmental claim, 

failed to purchase and maintain an 

occurrence-based general liability insurance 

policy that would have provided coverage for 

the environmental claim, provided that such 

insurance was commercially available at 

such time. A general liability insurance policy is "commercially available" if the policy 

can be purchased under the Insurance Code 

on reasonable commercial terms. 

(2) Except as provided in subsection (7) 

of this section, in any action between an insured and an insurer to determine the existence of coverage for the costs of 

investigating and remediating environmental 

contamination, whether in response to governmental demand or pursuant to a written 

voluntary agreement, consent decree or consent order, including the existence of coverage for the costs of defending a suit against 

the insured for such costs, the following 

rules of construction shall apply in the interpretation of general liability insurance 

policies involving environmental claims: 

(a) Oregon law shall be applied in all 

cases where the contaminated property to 

which the action relates is located within the 

State of Oregon. Nothing in this section 

shall be interpreted to modify common law 

rules governing choice of, law determinations 

for sites located outside the State of Oregon. 

(b) Any action or agreement by the Department "of Environmental Quality or the 

United States Environmental Protection 

Agency against or with an insured in which 

the Department of Environmental Quality or 

the United States Environinental Protection 

Agency in writing directs,,requests or agrees 

that an insured fake action with respect to 

contamination within the State of Oregon is 

equivalent to,a suit or lawsuit as those ternis 

are used in aiiy general liability insurance 

policy. 

(c) Insurance coverage for any reasonable 

and necessary fees; costs and expenses, including remedial investigations, feasibility 

study costs and expenses, incurred, by the 

insured pursuant to, a written voluritary 

agreement, consent decree or consent order 

between the insured and either; the Department of Environmental Quality or the United 

States Environmental Protection Agency, 

when incurred as a result of a written direction, request or agreement by the Department ofEnvironmental Quality or the United 

States Environmental Protection Agency to 

take,,action with respect to contamination 

within the State of Oregon, shall not be denied the insured on the ground that such 

expenses constitute voluntary payments by 

the insured. . 

(3)(a) An insurer with a duty tb pay defense or inderrinity costs, or both, to an insured for an environmental claiin under a 

general liability insuramce policy that provides that the insurer has a duty to pay all 

sums arising out of a risk covered by the 

policy, must pay all defense or iridemnity 

costs, or both, proximately arising out of the 

risk pursuant to the applicable terms of its 

policy, including its limit of liability, independent and unaffected by other insurance 

Titie 36 Page,796 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.500 

that may provide coverage for the same 

claim. 

(b) If an insured who makes an environmental claim under general liability insurance policies that provide that an insurer 

has a duty to pay all sums arising out of a 

risk covered by the policy has more than one 

such general liability insurance policy insurer, the insured shall provide notice of the 

claim to all such insurers for whom the insured has current addresses. If the insured's 

claim is not fully satisfied and the insured 

files suit on the claim against only one such 

insurer, the insured must choose that insurer 

based on the following factors: 

(A) The total period of time that an insurer issued a general liability insurance 

policy to the insured applicable to the environmental claim; 

(B) The policy limits, including any exclusions to coverage, of each of the general 

liability insurance policies that provide coverage or payment for the environmental 

claim; or 

(C) The policy that provides the most appropriate type of coverage for the type of 

environmental claim for which the insured is 

liable or potentially liable. 

(c) If requested by an insurer chosen by 

an insured under paragraph (b) of this subsection, the insured shall provide infoi^mation 

regarding other general liability insurance 

policies held by the insured that would potentially provide coverage for the same environmental claim. 

(d) An insurer chosen by an insured urider paragraph (b) of this siibsection may not 

be required to pay deferise or inderrinity costs 

in excess of the applicable policy limits, if 

any, on such defense or indemnity costs, including any exclusions to coverage. 

(4) An insurer that has paid an envirbnmental claim may seek contribution from any 

other insurer that is liable or potentially liable.: If a court determines that the apportionment of recoverable costs between 

insurers is appropriate, the court shall allocate the covered damages between the irisurers before the court, based on the 

following factors: 

(a) The total period of time that each 

solvent insurer issued a general liability insurance policy to the insured applicable to 

the environmental claim; 

(b) The policy limits, including any exclusions to coverage, of each, of the general 

liability insurance policies that provide coverage or payment for the environmental 

claim for which the insured is liable or potentially liable; 

(c) The policy that provides the most appropriate type of coverage for the type of 

environmental claim; and 

(d) If the insured is an uninsured for any 

part of the time period included in the environmental claim, the insured shall be considered an insurer for purposes of allocation. 

(5) If an insured is an uninsured for any 

part of the time period included in the environmental claim, an insurer who otherwise 

has an obligation to pay defense costs may 

deny that portion of defense costs that would 

be allocated to the insured under subsection 

(4) of this section. 

(6)(a) There is a rebuttable presumption 

that tbe costs of preliminary assessments, 

remedial investigations, risk assessments or 

other necessary investigation, as those terms 

are defined by rule by the Department of 

Environmental Quality, are defense costs 

payable by the insurer, subject to the provisions of the applicable general liability insurance policy or policies. 

(b) There is a rebuttable presumption 

that payment of the costs of removal actions 

or feasibility studies, as those terms are defined by rule by the Department of Environmental Quality, are indemnity costs and 

reduce the insurer's applicable limit of liability , on the insurer's indenmity obligations, subject to the provisions of the 

applicable general liability insurance policy 

or policies. 

(7) The rules of construction set forth in 

this section do not apply if the application 

of the rule results in an interpretation contrary to the intent of the parties to the general liability insurance policy. [1999 c.783, §4; 

2003 c.799 §2] , 

465.482 Short title. ORS 465.475 to 

465.480 shall be known and may be cited as 

the Oregon Environmental Cleanup Assistance Act. [1999 c.783 §6] . 

(Cleanup of Contamination 

Resulting From' 

Dry Cleaning Facilities) 

465.500 Purpose. (1) The purposes of 

ORS 465.500 to 465.545 are: 

(a) To create a $1 million cleanup fund 

paid for solely by the dry cleaning industry, 

and to otherwise exempt dry cleaning owners 

and dry cleaning operators from cleanup liability; and 

(b) To ensure the cleanup of contamination resulting from dry cleaning facilities. 

(2) The provisions of ORS 465:200 sto 

465.545 and 465.900, and rules and prograrns 

adopted thereto, shall continue to apply to 

the cleanup of releases of hazardous substances from dry cleaning facilities, including 

11 

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'I';-

1 Hi! 

• 'B 

ji''i 

'K 

l|i!' 

Title 36 Page 797 (2009 Edition) 
465.503 PUBLIC HEALTH AND SAFETY 

but not limited to provisions and programs 

for: 

(a) Listing of facilities having a confirmed release of dry cleaning solvents; 

(b) Prioritizing dry cleaning facilities 

with confirmed releases for removal or remedial action; 

(c) Applying standards and methods for 

rernoval arid remedial actions Selected or approved by the Department of Environmental 

Quality; and 

(d) Enforcing or undertaking removal and 

remediaT actions. [1995 c.427 §3; 2001 c.495 §1; 2003 

c.407 §21] 

465.503 Exemption from administrative or judicial action to compel removal 

or remedial action; exemption from liability; exceptions; liniitations. (1) Except 

as provided und^r subsections (3), (4) and (5) 

of this section, arid except to the extent that 

property, liability or other insurance is 

available to pay remedial action costs, no dry 

cleaning owner or dry cleaning operator 

shall be subject to any administrative or judicial action to compel a removal or remedial 

action or to recover remedial action costs 

caused by the release or threatened release 

of dry cleaning solvent from an active or inactive dry cleaning facility, whether the action is brotight under ORS 465.200 to 465.545 

arid 465.900 or any other statute or regulation. 

(2) Except as provided under subsections 

(3), (4) and (5) of this section, and except to 

the extent that property, liability br other 

insurance is available, no dry cleaning owner 

or dry cleaning bperator shall be liable under 

statutory. Common or administrative law for 

damage to real or personal property br to 

natural: resources if the damage is caused by 

the release or threatened release of dry 

cleaning solvent from, an active or inactive 

dry cleaning facility, except upon proof that 

the release of dry cleaning solvent was 

caused by the failure of the dry cleaning 

owner br dry, cleaning operator to exercise 

due care. Corripliance with applicable federal, state and local' laws and regulations, 

including waste minimization requirements, 

is prima facie evidence that the dry eleanirig 

owner or dry cleaning operator exercised due 

care. 

(3) Notwithstanding the date on which 

the release occurred, the provisions of subsections (1) and (2) of this section do not apply to a dry clesuiing operator if: 

(a) The release was caused by gross negligence of the dry cleaning owner or dry 

cleaning operator; 

(b) The release resulted from an action 

or omission that was a violation by the dry 

cleaning owner or dry cleaning operator of 

federal or state laws in effect at the time of 

the release, including but not limited to 

waste minimization requirements imposed 

under ORS 465.505; 

(c) The dry cleaning owner or dry cleaning operator willfully concealed a release of 

dry cleaning solvent contrary to laws and 

regulations in effect at the time of the release or did not comply with release reporting requirements applicable at the time of 

the release; 

(d) The dry cleaning owner or dry cleaning operator denies access or unreasorfably 

hinders or delays removal br remedial action 

necessary at the facility; or 

(e) The dry cleaning operator of the facility where the release occurred has failed 

to pay fees under ORS 465.517, 465.520 and 

465.523 in relation to dry cleaning activity 

at any dry cleaning facility^ 

(4) Notwithstanding the date on which 

the release occurred, subsections (1) and (2) 

of this section do not apply to a dry cleaning 

owner if: 

(a) The release was caused by gross negligence of the dry cleaning owner or dry 

cleaning operator; 

(b) The release resulted from a violation 

by the dry cleaning owner or dry cleaning 

operator of federal or state laws in effect at 

the time of the release, including but not 

limited to waste minimization requirements 

imposed by ORS 465.505; 

(c) The dry cleaning owner or dry cleaning operator willfully concealed a release of 

dry cleaning solvent contrary to laws and 

regulations in effect at the tiriie bf the release or did nbt comply with the release repori;ing requirements applicable at the time 

of release; 

(d) The dry cleaning owner or dry cleaning operatbr denies access or unreasonably 

hinders or deliays removal or remedial action 

necessary at' the facility; 

(e) The dry cleaning operatbr of the facility where the release, occurred has failed 

to pay fees under ORS 465.517, 465.520 and 

465.523 in relation to dry eleanirig activity 

at the facility; or 

(f) The dry cleaning facility has been an 

inactive dry cleaning facility for a period of 

90 days or more immediately preceding June 

30, 1995. 

(5) If hazardous, substances are released 

as a result of both the release of dry eleanirig 

solvent from dry cleaning operations arid 

other activities, the exemptions from liabilitV 

provided under this Section shall apply only 

to that portion of the removal or remedial 

action or damage caused by the release or 

threatened release of dry cleaning solvent 

Title 36 Page 798 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.507 

from the dry cleaning facility. [1995 c.427 §4; 

2001 c.495 §2; 2003 c.407 §1) 

465.505 Waste minimization require -

ments for dr y cleaning facilities; annua l 

report; reportabl e release ; rules. (1) In 

addition to any other applicable federal or 

state law and regulation, the following waste 

minimization requirements shall apply to dry 

cleaning facilities: 

(a) All wastes meeting the state and federal criteria for hazardous waste, excluding 

wastewater, generated at any dry cleaning 

facility and containing dry cleaning solvents, 

including residues and filters, shall be managed and disposed of, regardless of quantity, 

generated, as hazardous wastes in accordance with federal and state laws otherwise 

applicable to management of hazardous 

wastes, except that, as to the. cleanup of releases of dry cleaning solvents, ORS 465.503 

shall apply rather than ORS 466.205; 

(b) Wastewater contaminated with dry 

cleaning solvents from the water separation 

process of dry cleaning machines may not be 

discharged into any sanitary sewer or septic 

tank or into the waters of this state; 

(c) Dry cleaning operators shall manage 

solvent contaminated wastewater generated 

in the water separation process in accordance with rules adopted by the Environmental Quality Commission; 

(d) A dry cleaning facility may not include operation of transfer-type dry cleaning 

equipment using perchloroethylene; 

(e) All. newly installed dry cleaning systems using perchloroethylene shall be ofth e 

dry-to-dry type and be equipped with integral 

refrigerated condensers with an outlet temperature sensor for the control of perchloroethylene emissions; 

(f) All existing dry cleaning systems using perchloroethylene shall install refrigerated condensers, or an equivalent; 

(g) Every dry cleaning facility shall install secondary containment systems capable 

of containing dry cleaning solvent urider and 

around each machine or item of equipment 

in which any dry cleaning solvent is used, 

treated or stored; and 

(h) All perchloroethylene dry , cleaning 

solvent shall be delivered to dry cleaning facilities by means of closed, direct-coupled 

delivery systems. 

(2) The Departmenf of Environmental 

Quality may authorize the use of alternative 

measures at a dry cleaning facility in lieu of 

one or more of the measures described under 

subsection (1) of this section upon proof satisfactory to the department that the altemative measures can provide equivalent 

protection for public health and the environment, can achieve equivalent waste minimization and are consistent with other 

applicable laws and regulations. 

(3) E-very dry cleaning and dry store operator shall provide annually to the department on forms to be supplied by the 

department, information regarding compliance with the waste minimization requirements set forth in subsection (1) of this 

section £md any other information as the department considers necessary for carr3dng 

out the purposes of ORS 465.200 and 465.500 

to 465.545. 

(4) Notwithstanding any law to the contrary, a dry cleaning operator for a facility 

having a release of dry cleaning solvents 

shall immediately report any release exceeding one pound to the notification systerri 

managed by the Office of Emergency Management pursuant to ORS 401.094. 

(5) The Environmental Quality Commission shall adopt rules necessary to implerrient 

ORS 465.200 and 465.500 to 465.545, mcluding 

but not limited to rules implemeriting the 

recommendations of the advisory group established under ORS 465.507 or requiring the 

implementation of new waste minimization 

technologies. [1995 c.427 §5; 1999 C.59 §132; 2001 c.495 

§3] " • 

465.507 Dry cleaning advisory group. 

(1) The Director of the Department of Environmental Quality shall appoint an advisory 

group comprised of members representing a 

balance of at least the following interests: 

(a) Dry cleaning operators; 

(b) Dry cleaning owners; 

(c) Dry cleaning.industry members other 

than owners and operators; 

(d) Citizens; 

(e) Environmental organizations; and 

(f) Local governments., 

(2) The advisory group shall meet periodically to review and advise the Department 

of Environmental Quality regarding:. 

(a) Methods and standards for removal 

and remedial actions as applied by the department at dry cleaning facilities; 

(b) Waste minimization rules, guidelines 

and requirements as applied to dry cleaning 

facilities, including new technologies and industry practices; 

(c) The department's use of the Dry 

Cleaner Environmental Response Account, 

including use at multiple-source sites; 

(d) The adequacy of revenue generated by 

fees assessed under ORS 465.517, 465.520 and 

465.523 for meeting the costs of removal and 

remedial actions at dry cleaning facilities; 

and 

/ 

Titie 36 Page 799 (2009 Edition) 
465.510 PUBLIC HEALTH AND SAFETY 

(e) Any other matters pertinent to the 

purposes of ORS 465.200 and 465.500 to 

465.545. 

(3) The advisory group shall develop 

goals for the department that relate to the 

cleanup of contamination resulting from dry 

cleaning facilities. In developing the goals, 

the group may review and monitor the administrative costs of the department for implementuig ORS 465.500 to 465.545 and shaU 

include recommendations for: 

(a) Reducing administrative costs; 

(b) Prioritizing dry cleaning facilities 

that have confirmed releases for removal or 

remedial action; 

(c) Determining and limiting the ultimate 

cost of removal or remedial actions at dry 

cleaning facilities.paid from the Dry Cleaner 

Environmental Response Account; and 

(d) Determining the ultimate cost of future liability to the state for removal or remedial actions at dry cleaning facilities not 

covered by the Dry Cleaner Environmental 

Response Account. [1995 c.427 §6; 1999 c.59 §133; 

2001 c,495 §4; 2003 c.407 §3] 

465.510 Dry Cleaner Environmental 

Response Account; use; deductible 

amounts for expenditures. (1) The Dry 

Cleaner Environmental Response Account is 

established separate and distinct frorri the 

General Fund in the State Treasury. All 

moneys collected under ORS 465.517, 465:520 

and 465.523, aU account expenditures recovered or otherwise received, penalties assessed under ORS 465.992 and all interest 

earned on moneys in the account shall be 

credited to the account. 

(2) All moneys in the Dry Cleaner Environmental Response Account are contiriuously appropriated to the Department of 

Environmental Quality and, except as provided under this section, rria:y be expended 

solely for the following purposes: 

(a) Remedial action costs incurred by the 

department as a resiilt of a release at or from 

a dry eleanirig facility; 

(b) Preapproved remedial action costs incurred by a person performing removal or 

remedial action as a result of a release at or 

from a dry cleaning facility under a department order or agreement expressly autborizing reimbursement from the account; 

(c) The department's costs of program 

development, administration, enforcement 

and cost recovery; and 

(d) The department's indirect costs attributable to removal or remedial action due 

to a release at or from a dry cleaning facil-

,ity.-., 

(3) The department may expend Dry 

Cleaner Environmental Response Account 

moneys only for those remedial action costs 

defined in ORS 465.200 (24) that are reasonable in the department's judgment. The department shall consider at least the following 

factors, to the extent relevant information is 

available, in determining the order in which 

removals or remedial actions shall receive 

funding and the amount of funding: 

(a) The dry cleaning facility's risk to 

public health and the environment. Each facility's risk shall be evaluated relative to the 

risk posed by other facilities. 

(b) The need for removal or: remedial action at the dry cleaning facility relative to 

account availability and the need for removal 

or remedial actions at other facilities. ' 

(c) The nature of the activities for which 

expenditures are necessary, in the following 

order of preference: 

(A) Direct cost of cleanup, provided that 

adequate technical investigation has been 

completed; 

(B) Direct cost of technical investigation 

and remedy evaluation; 

(C) Administrative and indirect costs; 

and 

(D) Enforcement, cost recovery and legal 

costs. 

(4) If the department takes action at a 

facility, location or area where hazardous 

substances have been released as a result of 

both dry cleaning operations and other activities, including but not limited to laundry 

operations, account moneys may be used only 

for that portion of the rerrioval or rerriedial 

action determined by the department to be 

necessitated by the release of dry cleaning 

solvent by the dry cleaning facility. 

(5) Moneys in the account expended for 

remedial action costs may be expended solely 

for costs in excess of the following deductible 

amounts: 

(a) For a release from a dry cleaning facility employing five or fewer individuals at 

the time of release, including any dry cleaning owner, dry cleaning operator'or fiill-time 

employee, $5,000; 

(b) For a release from a dry cleaning facility employing more than five individuals 

at the time of release, including any dry 

cleaning owner, dry cleaning operator or 

full-time employee, $1,000 per Owner, operator or full-time employee up to $10,000; and 

(c) For a release from an inactive site, 

$10,000. 

, (6) 'The dry cleaning owner or dry cleaning operator ofthe facility shall be responsible for: 

(a) Pajing the deductible amount. The 

department may bring a civil action to reTitle 36 Page 800 (2009 Edition) 
r 

HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.520 

cover £my moneys expended from the account 

in payment of costs properly payable under 

this paragraph by the dry cleaning owner or 

dry cleaning operator. 

(b) Investigating whether an insurance 

policy provides coverage for the costs arising 

from a release or threatened release and obtaining payment for those costs. I n order to 

receive an exemption frbrii administrative 

action, judicial action or liability under ORS 

465.503, the dry cleaning owner or dry 

cleaning operator: 

(A) Must initiate all actions reasonably 

necessary to. obtain coverage from an insurance policy that may be available to pay 

costs associated with a release or threateried 

release; and 

(B) May not take any action that may 

prejudice the owner's or operator's ability to 

obtain, urider an insurance policy, coverage 

of or payment of costs associated with a release or threatened release. ^- , ' 

(7) The department may not expend moneys out of the Dry Cleaner Environmental 

Response Account: 

(a) For the payment of, any claim or 

judgment against the state or its agencies for 

loss of business, damage or destruction of 

property or personal, injury arising from removal or remedial action undertaken under 

ORS 465.260; 

(b) For remedial action and other costs 

under this section if the dry cleaning owner 

or dry cleaning operator failed to comply 

with the waste minimization requirements 

under ORS 465.505, and the failure to comply 

with the requirements is determined by the 

department to be a contributing factor in the 

release. [1995 c.4^7 §7; 2001 c.495 §5; 2003 c.407 §4] 

465515 [1995 c.427 §8; 2001 c.495 §6; repealed by 2003 

c.407 §29] . : .;• .-. : ' ,,, 

465.517 Annua l fee an d gross revenu e 

fee for dr y cleaning facilities. (1) In addition to ariy other tax or fee impbsed by law, 

there is assessed on dry cleariirig facilities 

the following annual:fees:; J 

(a) For any dry cleaning facility that utilized any solvent prior to January 1, 1998, 

$500. 

(b) For any dry cleariing facility that, after January 1, 1998, has utihzed or utilizes, 

during any part of the-arinual fee period, 

perchloroethylene, $500. : . 

(2) Notwithstanding subsection (1) of this 

section, if the dry cleaning owner or dry 

cleaning operator has an expanded preliminary assessment, including field testing, conducted at the facility in a-manner approved 

by the department and the assessment shows 

that no release of solvents has occurred, a 

dry cleaning facility may: 

(a) Be permanently exempted from payment of the fee under subsection (l)(a) of this 

section; and 

(b) Receive a credit of $1,000 for payments required by subsection (1) of this section. 

(3) In addition to any other tax or fee 

imposed by law, there is assessed on ari active dry cleaning facility an annual fee in the 

amount of one percent of the gross revenue 

of dry cleaning services that the facility 

generates in the annual fee period. Gross 

revenue does not include revenues of a dry 

cleaning facility received for services to a 

dry store not owned Or operated by the dry 

cleaning facility. ' 

(4) The fees assessed shall be due on the 

first day of each calendar year that the facility operates as a dry cleaning facility and 

shall be prorated for partial year operation. 

(5) A dry cleaning owner or dry cleaning 

operator shall pay the fees imposed under 

this section in a single payment, payable on 

March 1. [1995 c.427 §9; 1999 c.1047 §1; 2001 c.495 ,§7; 

2003 c.407 §5] 

465.520 Fe e o n sale o r transfe r of dr y » 

eleanirig solvent; exemption. (1) In addi- ? 

tiori.to any other tax or fee imposed by law, 

a fee, payable by the seller or transferor^,. is 

imposed on: 

(a) The retail sale or transfer within this 

state of dry cleaning solvent On or after 

January 1, 1996; and 

;(b ) The transfer of dry cleaning solvent 

from an off-site reclamation facility. 

(2) The fee on each gallon of dry cleaning 

solvent is the result obtained from multiplying the solvent factor of the dry cleaning 

solvent by $10,. 

' (3) The solvent factor for each dry cleaning solvent;is the amount listed in the following table: 

Dry Cleaning Solvent 

Perchloroethylene 

Any other solvent 

Solvent Factor 

1.00 

0.20 

(4) Notwithstandirig subsections (l)'an d 

(2) of this section, no fee sball be imposed on 

the retml sale or transfer of any dry cleaning 

solvent if, prior to the retail sale or tra.nsfer, 

the purchaser or transferee provides the 

seller or transferor with a certificate stating 

that: 

(a) The dry cleaning solvent will not be 

used in a dry cleaning facility; or 

(b) The purchaser or transferee does not 

operate a dry cleaning facility. ,[1995 c.427 §10; 

1997 c.249 §161; 2001 c.495 §14; 2003 c.407 §6] 

Titie 36 Page 801 (2009 Edition) 
465.523 PUBLIC HEALTH AND SAFETY 

465.523 Fee on use of dry cleaning 

solvent. (1) In addition to any other tax or 

fee imposed by law, a fee is imposed on the 

use of dry cleaning solvent at a dry cleaning 

facility within this state if: 

(a) The purchaser or transferee of the 

solvent did not receive a bill or invoice 

showing the correct fee imposed under ORS 

465.520 on the retail sale or transfer; or 

(b) No fee was paid with respect to the 

retail sale or transfer and the purchaser or 

transferee had reason to believe that no fee 

would be paid. 

(2) The fee imposed by this section equals 

the fee that should have been imposed on the 

retail sale or transfer of the dry cleaning 

solverit by ORS 465.520 less the fee, if any, 

shown on the bill or invoice. [1995 c.427 §11; 19^ 

c.59 §134] 

465.525 Calculation ot fee for partiial 

gallons; refund or credit. (1) For a fraction 

of a gallon, the fee imposed under ORS 

465.520 and 465.523 shall be proportionate to 

the fee imposed on a whole gallon. 

(2) If the fee is paid pursuant to ORS 

465.520 and 465.523 on dry cleaning solvent 

that is subsequently resold or exported from 

this state and not reimported for use in a dry 

cleaning facility, the reseller or exporter of 

the dry cleaning solvent is entitled to claim 

a refluid ori credit for the fee on the dry 

cleaning solvent that was paid by the reseller 

or exporter. The Department of Environmental Quality may require a fee payer 

claiming a refund to provide proof that, the 

fee was paid with respect to the dry cleariing 

solvent and proof of its use or sale iri a 

manner not subject to fee assessment. [1995 

c.427 §13; 2003 c.407 §7] . : 

465.527 Reporting of fees. The fee^ imposed by ORS 465.517, 465.520 and 465.523 

shall be paid pursuant to information reported on forms supplied by the Department 

ofEnvironmental Quality. [1995 c.427 §14; 2001 

c.495 §8; 2003 c.407 §8] 

465.530 [1995 c.427 §15; repealed by 2003 c.407 §29] 

465.531 Department of Environmental 

Quality may contract for collection of 

feels. The Department of Environmental 

Quality, in consultatiori with the advisory 

group estabhshed urider ORS 465.507, may 

contract with a private or public entity for 

the provision of services to implement tbe 

objectives of ORS 465.517 to 465.545. The department may contract for the collection of 

fees, charges or interest from dry cleariing 

owners or dry cleaning operators, but the 

department may not delegate its authority to 

determine the arriount of the fees, charges or 

interest owed. [2003 c.407 §20] 

465533 [1995 c.427 §16; 2001 c.495 §9; repealed by 

2003 c.407 §29] 

465.535 [1995 c.427 §17; 2001 c.495 §10; repealed by 

2003 c.407 §29] 

465.536 Late charges; enforcement by 

Department of Revenue. (1) ^If a person 

fails to submit the fees imposed by ORS 

465.517, 465.520 and 465.523 by the date 

shown on the form supplied under ORS 

565.527, the Department of Environmental 

Quality shall assess a late charge equal to 

10 percent of the unpaid amount. An additional late charge of 10 percent of the unpaid 

amount shall be assessed for each 30-day period that the fees remain unpaid. If the invoice remains unpaid after three a,dditional 

late charges are incurred, the department 

may not assess further charges. 

(2) If the department is unable to collect 

fees, charges or interest imposed by this section or ORS 465.517, 465.520 or 465.523, the 

department may authorize the Director of 

the Department of Revenue to collect the 

fees, charges or interest in the manner provided by ORS chapters 305 and 314. 

(3) The Department of Environmental 

Quality inay request tax information and financial records necessary to perform audits 

and examinations to verify fee-related information submitted by persons who pay fees 

under ORS 465.517, 465.520 and 465.523. All 

tax information and financial records obtained by the department pursuant to this 

subsection are exempt from public disclosure 

under ORS 192.410 to 192.505. [2003 c.407 §10] 

.Note: 465.536 was added to and made a part of 

465.500 to 465.545 by legislative action but was not 

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

465.537 [1995 c.427 §18; 1999 c.i047 §2; 2001 c.495 §11; 

repealed by 2003 c.407 §29] 

465.540 [1995,c.427 §19; repealed:by 2003 c:407 §29] 

465.543 [1995 c.427 §20; repealed by 2003 c.407 §29] 

465.545 Suspension of dry cleaning 

fees; recommendation to Legislative Assembly. (1) Upori a determiriation by the Director, of the Departrrient ofEnvironmental 

Quality that: necessary removal and remedial 

action is completed and paid for at all diy 

cleaning facilities having a confirmed release 

of dry cleaning solvent, the director shall 

repbrt to the next following session of the 

Legislative Assembly with a recommendation 

for the suspension of the fees, other than the 

aimual license fee, imposed under ORS 

465.517, 465.520 and 465.523. 

(2) The Director of the Department of 

Environmental Quality shall give notice of 

the intent to make the recommendation der 

scribed under subsection (1) of this section 

at least one year prior to the date recommended by the director as the date of suspension. 

(3) The provisions of ORS 465.500, 

465.503, 465.505 and 465.510 apply retroTitie 36 Page 802 (2009 Edition) 
HAZARDOUS WASTE AND HAZARDOUS MATERIALS I 465.900 

actively to releases of dry cleaning solvents 

occurring before June 30, 1995. [1995 c.427 §21; 

2001 c.495 §12; 2003 c.407 §22] 

465.546 [1999 c.1047 §4; repealed by 2003 c.407 §29] 

465.548 [1999 c.1047 §5; 2001 c.495 §13; repealed by 

2003 c.407 §29] '. 

CHEMICAL AGENTS 

for ORS 465.550 

ORS 465.550 and 

465.550 Definitions 

and 465.555. As used in 

465.555: 

(1) "Chemical agents" means: 

-• :• (a) Blister agents, such as mustard gas; 

(b) Nerve agents, such as sarin and VX; 

(c) Residues from demilitarization, treatment and testing of blister agents; and 

(d) Residues from demilitarization,, treatment and testing of nerve agents. 

(2) "Major recovery action" means a recovery action that will take more than one 

year to complete and that will employ 200 or 

more individuals. 

(3) "Major remedial action" means a remedial action that will take more than one 

year to complete and that will employ 200 or 

more individuals. 

(4) "Owner" means a person or the State 

of Oregon, the United States of America or 

any agency, department or political subdivision thereof that owns, possesses or controls 

property upon which a remedial or recovery 

action involving stored chemical agents is 

conducted. 

(5) "Recovery action" means any activity 

designed to mitigate the effects of an unintended release of chemical agents into the 

air, water or soil of this state. 

(6) "Remedial action" means any activity 

intended to prevent the release of chemical 

agents into the air, water or soil of this 

state. "Remedial action" includes controlled 

destruction of chemical agents. [1997 c.554 §1] 

Note: 465.550 and 465.555 were enacted into law by 

the Legislative Assembly but were not added to or made 

a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes 

for further explanation. 

465.555 County assessment of effects 

of major recovery or remedial action at 

storage or disposal site for chemical 

agents; annual fee. (1) If a site for the 

storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated 

to occur at the site, the governing body of 

the county may conduct an assessment of the 

social and economic effects on communities 

within the county that are likely to occur by 

reason of the major recovery or major remedial action. 

(2) When assessing the effects on communities caused by the major recovery or 

major remedial action, the county governing 

body may consider, among other matters, the 

following: 

(a) Effects upon roads and streets; 

(b) Effects upon existing sewer and water 

systems; 

(c) Effects upon schools; 

(d) Effects upon medical facilities and 

services; 

(e) Additional law enforcement requirements; ,, 

(f) Additional housing requirements; and 

(g) Technical planning requirements. 

(3) After completion of the assessment 

required under this section, the county governing body may impose upon the owner of 

the site an annual fee reasonably calculated 

to mitigate the social and economic effects 

on comriiunities that are occurring or that 

are likely to occur by reason of the major 

recovery or major remedial action. The annual fee may be imposed during the first year 

in which the major recovery or major remedial action is conducted and in each succeeding year for the duration of the major 

recovery or major remedial action. When a 

fee is imposed under this section, the fee 

shall be reviewed in each year and may be 

adjusted when circumstEmces make an adjustment necessary or appropriate. The total 

aggregate fee imposed under this section 

shall not exceed five percent of the total aggregate cost of the major recovery or major 

remedial action. 

(4) If the entity responsible for conducting the major recovery or major remedial 

action is different from the owner of the site 

at which the major recovery or major remedial action is conducted, the fee authorized 

by this section may be imposed upon either 

the owner or the entity or upon both jointly. 

[1997 c.554 §2] 

Note: See note under 465.550. 

CIVIL PENALTIES 

465.900 Civil penalties for violation of 

removal or remedial actions. (1) In addition to any other penalty provided by law, 

any person who violates a provision of ORS 

465.200 to 465.545, or any rule or order entered or adopted under ORS 465.200 to 

465.545, shall incur a civil penalty not to exceed $10,000 a day for each day that such 

violation occurs or that failure to comply 

continues. 

(2) The civil penalty authorized by subsection (1) of this section shall be imposed in 

the marmer provided by ORS 468.135, except 

that a penalty collected under this section 

/ ' ; 

11 

Titie 36 Page; 803 (2009 Edition) 
465.992 PUBLIC HEALTH AND SAFETY 

shall be deposited in the Hazardous Substance Remedial Action Fund established 

under ORS 465.381, if the penalty pertains to 

a release at any facility. [Formerly 466.900; 1991 

c.734 §34] , 

Note: The amendments to 465.900 by section 3, 

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. 

465.900. (1) In addition to any other penalty provided by law, any person who violates a provision of 

ORS 465.200 to 465.545, or any rule or order entered or 

adopted under ORS 465.200 to 465.545, shall incur a civil 

penalty not to exceed $25,000 a day for each day that 

such violation occurs or that failure to comply continues. ' 

(2) The civil penalty authorized by subsection (1) 

of this section shall be imposed in the manner provided 

by ORS 468.135', except that a penalty collected under 

this section shall be depositedui the Hazardous Substance. Remedial Action-Fund: established under-ORS 

465.381, if the penalty pertaias to a release at any facility. 

465.990 [Amended by 1953 c.540 §5; repealed by 1989 

c.846 §15], 

465.992 Civil penalty for failure to pay 

fees. (1) Any dry cleaning operator who fails 

to pay a fee required urider ORS 465.517, 

465.520 or 465.523 shall incur a civil penalty 

of not more than $5,000. The penalty shall be 

recovered as provided in subsection (2) of 

this section. 

(2) Any person against whbm a penalty 

is assessed under subsection (1) of this section may appeal to the tax court as prbvided 

in ORS 305.404 to 305.560. If the penalty is 

not paid within 10 days after the order of the 

tax court becomes final, the Department of 

Revenue may record the order and collect 

the. amount assessed in the same manner as 

iricome tax deficiencies are recorded and 

collected under ORS 314:430. [1999 c.l047 §6] 

Note: 465:992 was enacted into law by the Legislative Assembly but was not added to or made a part of 

ORS chapter 465 or any series therein by legislative 

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

Title 36 Page 804 (2009 Edition)