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Attachment A

Oregon Hazardous Waste Statutes

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Oregon Revised Statutes

Chapter 466

1993 Edition

HAZARDOUS WASTE AND HAZARDOUS MATERIALS II

PUBUC HEALTH AND SAFETY

STORAGE, TREATMENT AND DISPOSAL OF HAZARDOUS WASTE AND PCB

Table of Contents

STORAGE. TREATMENT AND DISPOSAL OF HAZARDOUS WASTE AND PCB , 1

466.005 Definitions for ORS 453.635 and 466.005 to 466.385. 1

466.010 Purpose ". . . . . . . . . . . . . . . . . . . . . . . . . .. 1

(Administration) " 2

466.015 Powers and duties of department. 2

466.020 Rules and orders. 2

466.025 Duties of commission. 2

466.030 Designation of classes of facilities subject to certain provisions , 3

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

facility. .................................................;.. 3

" 466.040 Application period for PCB or hazardous waste permit. . . . . . . . . . . . . . . . . . . . . .. 3

466.045 Application form; contents; fees; renewal application. .,. . . . . . . . . . . . . . . . . . . .. 3

466.050 Citizen advisory committees. 3

466.055 Criteria for new facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

466.060 Criteria to be met by owner and operator before issuance of permit. 4

466.065 Applicant for renewal to comply with ORS 466.055. 4

(Hazardous Waste) ............•....................................... 4

466.068 Technical assistance and information program for generators of hazardous waste. 4

466.070 Standards for rules•...........•..".............................. 4

466.075 Rules for generators of hazardous waste. . "............ 4

466.080 Rules for transportation of hazardous waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5

466.085 .....•.•.....•••....................". . . . . . . . . . . . . . . . . . . .. 5

466.086 Gaining federal authorization ". . . . . . . .. 5

466.090 Inspection and copying of records authorized; exceptions. . . . . . . . .. . . . . . . . . . . .. 5

466.095 Hazardous waste to be stored or treated at permittedsite; exemptions. 6

466.100 Disposal of waste restricted; permit required. ..•......................... 6

466.105 Duties of perinittee. . ............•................ : . . . . . . . . . . . .. 6

466.107 Action under ORS 466.105 against guarantor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

466.110 Application; form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7

466.115 Required application information. ..........•......................... 7

466.120 Required application information to operate site. ...................:...... 7

466.125 Notice of hearings on applications. • • . • • . . . . . . .". . . . . . . . . . . . • . . . . . • : . .. 7

466.130 Public hearing in areas of proposed site required••••.••.•••••••••.•••••... ., 8

466.135 Recommendations by state agencies on applications; effect. . . . . . . . . . . . . . . . . . . . . 8

466.140 Review of applications; issuance. • . . . • . . . . . . . • . . . . . . . . . . . . . . . . . . . . • .. 8

466.145 Review of trea1mcDt applications; issuance. . ". . . . . . . . . . . • . . . . . . 8

•• i ••
466.150 Permit requirements. . ,....... 8

466.155 Acquisition by condemnation , . . . . . .. 9

466.160 Site permit fees; disposition; withdrawal by permittee. 9

466.165 Annual fees; use. . : " . . . . . . . . . . . . . . . . . . . . . . . .. 9

466.170 Revocation of permit; judicial review. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 9

466.175 Disposition of site or facility after revocation; acquisition of site by department. . . . . . .. 9

466.180 Department authority to limit storage, disposal or treatment. . . . . . . . . . . . . . . . . . .. 9

466.185 Investigation upon complaint; hearings; orders. . . . . . . . . . . . . . . . . . . . . . . . . . .. 10

466.190 Investigation upon motion of department; findings and orders. . . . . . . . . . . . . . . . . .. 10

466.195 Monitoring and surveillance program; inspection. . . . . . . . . . . . . . . . . . . . . . . . . .. 10

466.200 Procedure for emergencies. 10

466.205 Liability for improper disposal of waste; costs; lien for department expenditures. 11

466.210 Actions or proceedings to enforce compliance. 11

466.215 Post-closure permit for disposal site; fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11

466.225 Monitoring site; access. 11

(PCB Disposal Facilities) 12

466.250 Definition of "PCB disposal facility." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12

466.255 Disposal of PCB restricted; permit required for PCB disposal facility. 12

466.260 Duties of department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12

466.265 Rules for regulation of PCB disposal. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12

466.270 Criteria for rules; study of disposal methods. 13

466.275 Permit application for PCB disposal facility. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13

466.280 Copies of application to be sent to affected state agencies. 13

466.285 Notice of hearings on application. 13

466.290 Public hearing in area of proposed facility required. 13

466.295 Examination of applications; reccmmendation to commission; decision as to issuance;

notice to applicant. 13

466.300 Restrictions on commission authority to issue permit. 14

466.305 Investigation of complaints; hearing; order. 14

466.310 Monitoring, inspection and surveillance program; access to facility and records. . . . . . .. 14

466.315 Procedure for emergency. 14

466.320 Conditions for holding permit. . ; 14

466.325 Annual fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15

466.330 Acquisition by state of real property for disposal of PCB. 15

466.335 Consequences of revocation. . . . . . .. . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . .. 15

466.340 Restrictions on treatment or disposal of PCB at facility. . . . . . . . . . . . . . . . . . . . . .. 15

466.345 PCB facility permit fee. 15

466.350 Pest-closure permit; fee. 16

466.355 Interstate cooperation regarding taxies use and hazardous waste reduction programs. 16

466.357 Requirements for certain gencr.uors of hazardous waste.. ; . . . . . . . . . . . . . . . . . . .. 16

NOTICE OF ENVIRONMENTAL HAZARDS ", . . . . . . . . . . . . . . . . . . . .. 16

466.360 Policy. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16

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

to Legislative Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16

466.370 Notice to owner; hearing; fIling of notice if no objection. 17

466.375 Filing of notice; content of notice '. . . . . . . . . . . . . . .. 17

466.380 Inlcragency agreement for notices for radioactive waste disposal sites. 17

466.385 Amendment of comprehensive plan and land use regulations; model language; appeal of

land use decision related to site requiring notice. .......•.....•............. 17

•• ii ••
PACIFIC STATES AGREEMENT ON RADIOACTIVE MATERIALS TRANSPORTATION MANAGEMEMB

466.450 Pacific States Agreement on Radioactive Materials Transportation Management. . . . . . .. 18

466.455 Governor to designate member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

466.460 Confederated Tribes of the Umatilla Indian Reservation to be consulted. . . . . . . . . . . .. 19

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USE OF PCB .

466.505 Definitions for ORS 466.505 to 466.530. . .

466.510 Sale of items containing concentrations of PCB prohibited; exceptions. . .

466.515 Electric transformers or capacitors exempted. . ' .

466.520 Exemption certificates; applications; conditions, . .

466.525 Additional PCB compounds may be prohibited. . .

466.530 Prohibited disposal of waste containing PCB. . .

466.540 .. . .- ' .

466.547 .

466.550 .

466.553 .

466.555 ; ' .

466.557 .

466.560 .

466.563 .

466.565 ,' .

466.567 .

466.570 .. .

466.573 .

466.575 .- .

466.577 ' .

466.580 ' .

466.583 ; .- .

466.585 .

466.587 .

466.590 .

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SPILL RESPONSE AND CLEANUP OF HAZARDOUS MATERIALS 21

466.605 Definitions for ORS 466.605 to 466.680. 21

466.610 Department authority relating to cleanup of oil or hazardous material. 21

466.615 Unlit on commission and department authority over radioactive substances.. '.' " 22

466.620 Emergency response plan. 22

466.625 Rulcmaking. 22

466.630 Commission designation of substance as hazardous material. 22

466.635 Report of spill or release of reportable quantity of hazardous material. . . . . . . . . . . . .. 22

466.640 Strict liability for spill or release; exceptions. . .. 22

466.645 Cleanup; failure to complete cleanup " 23

466.650 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23

466.653 ' '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23

466.655 '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23

466.660 : . . . . . . . . . . . . . . . . . . . . •. 23

466.665 ' " . . . . . . . . . . . . . . . . .. 23

466.670 Oil and Hazardous Material Emergency Response and Remedial Action Fund. 23

466.675 Use of moneys in Oil and Hazardous Material Emergency Response and Remedial

Action Fund. ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23

466.680 Responsibility for expenses of cleanup; record; damages; order; appeal. . . . . . . . . . . .. 23

•• iii ••
466.685 " : . " " " " .. " " " . . . . . . . .. 24

466.690 . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24

466.705 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24

UNDERGROUND STORAGE TANKS .. ; 24

466.706 Definitions for ORS 466.706 to 466.845 and 466.895. 24

466.710 Application of ORs 466.706 to 466.845 and 466.895. . . . . . • . . . . . . . . . . . . . . . .. 25

466.715 Legislative findings. ........................••.........•....... 25

(Administration) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25

466.720 Statewide underground storage tank program; federal authorization. 25

466.725 Limitation on local government regulation. . . . . . . . . . . . . . . " . . . . . . • . . . . . . .. 25

466.727 Prohibition on local government tax, fee or surcharge. . ,. 26

466.730 Delegation of program administration to Stale agency or local government by agreement. . 26

466.735 Cooperation with Department of Consumer and Business Services and State Fire

Marshal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26

466.740 Noncomplying installation prohibited. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26

466.745 ' : " . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26

466.746 Commission rules; considerations. . . . . . . . . . . . . . . . . . . . . .. 26

(Licenses; Permits) ...........•................ :....................... 27

466.750 License procedure for persons servicing underground tanks. '. . . . . .. 27

466.760 When permit required; who required to sign application. 28

466.765 Duty of owner or permittee of underground storage tank. . . . . . . . . . . . . . . . . . . . .. 28

466.770 Corrective action required on contaminated site. . .. ',' . . . . . . . . . . . . . . . . . . . .. 28

466.775 Grounds for refusal, modification, suspension or revocation of permit. . . . . . . . . . . . .. 29

466.780 Variance upon petition : ', . . . . . . . . . . . . . . . .. 29

(Finance) '. . . . . . . . . . . . . . . . .. 29

466.785 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29

466.790 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30

466.791 Underground Storage Tank Compliance and Corrective Action Fund; sources; uses. .... 30

466.795 Underground Storage Tank Insurance Fund. .....•....................... 30

466.800 Records as public records; exceptions. 31

(Enforcement) .....................................,...'. . . . . . . . . . . . . .. 31

466.805 Site inspection; subpoena or warrant. ................•................ 31

466.810 Investigation on noncompliance; findings and orders; decommissioning tank; hearings; .

other remedies. . • . . . • • . . . . . . . . . • • . . • • • • . . • • . : . . • • • . • • • . . . • . . . .. 31

466.815 Financial responsibility of owner or permittee. .•.•..••••..•••.••...••.••. 32

466.820 Rcii:nbursemenl to department; procedure for collection; treble damages. •..•.••.... 32

466.m Strict liability of owner or permittee. ....••....••..•••...........•.... 33

466.830 Halting tank operation upon clear and jmmedjate danger. ..............•••.... 33

466.835 Compliance and 'correction costs as lien; enforcement. . • . . . . • . . . . . . . . . . . . . . .. 33

(Financial Assistance Programs) ...•..•.......•••....•......••.......••.•... 33

466.840 Legislative findings. •...........•...............•.......•...... 33

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

programs. •...••••...••...•• . • • • • • • • • • • • . . . • • • • . • . . • . . . • . • . .. 33

•• iv ••
OREGON HANFORD WASTE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37

FEDERAL SITE SELECTION " 39.

CML PENALTIES '40

466.880 Civil penalties generally. . ; . . . . . . . . . . .. 40

466.890 Civil penalties for damage to wildlife resulting from contamination of food or water

supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40

466.895 Civil penalties for violations of underground storage tank' regulations. 40

466.900 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . .. 40

CRIMINAL PENALTIES _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40

466.995 Criminal penalties. 40

CROSS REFERENCES

Civil penalty for intentional or reckless violation, 468.996

Environmental crimes, 468.920 to 468.963

Environmental Quality Commission, duties and powers, 468.010 to 468.075

Pollution control, Cbs. 468, 468A, 468B

Public health measures, toxic substances, 433.216

Radioactive waste, 469.530 to 469.559

Solid waste, Chs. 459, 569A

Transport of hazardous materials, regulation, 761.370 to 761.421

Volunteering assistance or advice related to clean up of hazardous material, liability limitation, 30.490 to 39.497

466.005 to 466.385

Penalty for transporting or disposing of hazardous waste unlawfully, 761.994

Standards for safe transportation of hazardous waste, 767.457

466.080

Impoundment of vehicles unlawfully transporting hazardous waste, 767.458

Standards for safe transport of hazardous wastes and PCB by Public Utility Commission, 467.457

466.706 to 466.845

.' Pollution prevention or essential services grant, 316.834

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STORAGE, TREATI'1ENT Al'ID DISPOSAL e'F HAZARDOUS WASTE Al~1) PCB

466.005 Definitions for ORS 453.635 and

466.005 to 466.385. As used in ORS 453.635 and

466.005 to 466.385 and 466.890, unless the context requires

otherwise:

(1) "Commission" means the Environmental Quality

Commission.

(2) "Department" means the Depanment of

Environmental Quality.

(3) "Director" means the Director of the Department

of Environmental Quality.

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

deposit, injection, dumping, spilling, leaking or placing of

any hazardous waste into or on any land or water so that the

hazardous waste or any hazardous constituent thereof may

enter the environment or be emitted into the air or discharged

into any waters of the state as defined in ORS 468B.005.

(5) "Facility" means all contiguous land, structures,

other appurtenances and iinprovements on the land used for

treating, storing or disposing of hazardous waste. "Facility"

may consist of one or more treatment, storage or disposal

operational units.

(6) "Generator" means the person, who by virtue of

ownership, management or control, is responsible for causing

•

or allowing to be caused the creation of a hazardous waste.

. (7) "Hazardous waste" does not include radioactive

..-.,/ material or the radioactively contaminated containers and

receptacles used in the transportation, storage, use or

application of radioactive waste, unless the material,

container or receptacle is classified as hazardous waste under

paragraph (a), (b) or (c) of this subsection on some basis

other than the radioactivity of the material, container or

receptacle. Hazardous waste does include all of the following

which are not declassified by the commission under ORS

466.015 (3):

(a) Discarded, useless or unwanted materials or

residues resulting from any substance or combination of

substances intended for the purpose of defoliating plants or

for the preventing, destroying, repelling or mitigating of

insects, fungi, weeds, rodents or predatory animals, including

but not limited to defoliants, desiccants, fungicides,

herbicides, insecticides, nematocides and rodenticides.

(b) Residues resulting from any process of industry,

manufacturing, trade or business or government or from the

development or recovery of any natural resources, if such

residues are classified as hazardous by order of the

commission, after notice and public hearing. For purposes of

classification, the commission must find that the residue,

because of its quantity, concentration, or physical, chemical

or infectious characteristics may:

(A) Cause or significantly contribute to an increase in

. • mortality or an increase in serious irreversible or

.'''~ incapacitating reversible illness; or

- (B) Pose a substantial present or potential hazard to

human health or the environment when improperly treated,

stored, transported, or disposed of, or otherwise managed.

(c) Discarded, useless or unwanted containers and

receptacles used in the transportation, storage, use or

application of the substances described in paragraphs (a) and

(b) of this subsection.

(8) "Hazardous waste disposal site" means a

geographical site in which or upon which hazardous waste is

disposed.

(9) "Hazardous waste storage site" means the

geographical site upon which hazardous waste is stored.

(10) "Hazardous waste treatment site" means the

geographical site upon which or a facility in which hazardous

waste is treated.

(11) "Manifest" means the form used for identifying

the quantity, composition, and the origin, routing and

destination of hazardous waste during its transportation from

the point of generation to the point of disposal, treatment or

storage.

(12) "PCB" has the meaning given that term in ORS

466.505.

(13) "Person" means the United States, the state or a

public or private corporation, local government unit, public

agency, individual, partnership, association, firm, trust,

estate or any other legal entity.

(14) "Store" or "storage" means the containment of

hazardous waste either on a temporary basis or for a period

of years, in a manner that does' not constitute disposal of the

hazardous waste.

(15) "Transporter" means any person engaged in the

transportation of hazardous waste by any means.

(16) "Treat" or "treatment" means any method,

technique, activity or process, including but not limited to

neutralization. designed to change the physical. chemical. or

biological character or composition of any hazardous waste so

as to neutralize the waste or so as to render the waste

nonhazardous. safer for transport. amenable for recovery.

amenable for storage, or reduced in volume. '

[Formerly 459.410; 1987 c.S40 §4]

466.010 Purpose. . (1)(a) The Legislative

Assembly finds that it is in the interest of public health and

safety and environment to protect Oregon citizens from the

potential harmful effects of the transportation and treatment

or disposal of hazardous waste and PCB within Oregon.

(b) Therefore, the Legislative Assembly declares that

it is the purpose of ORS 466.005 to 466.385 and 466.890 to:

(A) Protect the public health and safety and

environment of Oregon to the maximum extent possible;

(B) Exercise the maximum amount of control over

actions within Oregon relating to hazardous waste and PCB

transportation and treatment or disposal;

(C) Limit to the extent possible the treatment or

disposal of hazardous waste and PCB in Oregon to materials

originating in the states that are parties to the Northwest

•• 1 ••
Interstate Compact on Low-Level Radioactive Waste

Management under ORS 469.930; and

(D) Limit to the extent possible the size of any

hazardous waste or .PCB treatment or disposal facility in

Oregon to a size equal to the amount of waste and PCB

originating in Oregon, Washington, Idaho and Alaska of the

type handled by such a treatment or disposal facility.

(2) The Legislative Assembly further finds and

declares that in the interest of public health and safety and to

protect the environment, it is the policy of the' State of

Oregon to give priority in managing hazardous waste in

Oregon to methods that reduce the quantity and toxicity of

hazardous waste generated before using methods that reuse

hazardous waste, recycle hazardous waste that cannot be

reused, treat hazardous waste or dispose of hazardous waste

by landfilling. .

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

(Administration)

466.015 Powers and duties of department.

The department shall:

(1) Provide for the administration. enforcement and

implementation of ORS 466.005 to 466.385 and 466.890 and

may perform all functions necessary:

(a) To insure the proper management of hazardous

waste by generators;

(b) For the regulation of the operation and

construction of hazardous waste treatment. storage and

disposal sites; and

(c) For the permining of hazardous waste treatment,

storage and disposal sites in consultation with the appropriate

county governing body or city council.

(2) Coordinate and supervise all functions of state and

local governmental agencies engaged in activities subject to

the provisions of ORS 466.005 to 466.385 and 466.890.

(3) After notice and public hearing pursuant to ORS

183.310 to 183.550, declassify as hazardous waste those

substances described in ORS 466.005 (7) which the

commission finds, after deliberate consideration, taking into

account the public health. welfare or safety or the

environment, have been properly treated or decontaminated

or contain a sufficiently low concentration of hazardous

. material so that such substances are no longer hazardous.

[Formerly 4~9.430; 1987 c.540 §5]

466.020 Rules and orders. In accordance

with applicable provisions of ORS 183.310 to 183.550, the

commission shall:

(1) Adopt rules and issue orders thereon, including but

not limited to establishing minimum requirements for the

treatment. storage and disposal of hazardous wastes,

minimum requirements for operation. maintenance.

monitoring, reporting and supervision of treatment. storage or

disposal sites, and requirements and procedures for selection

of such sites.

- (2) Adopt rules and issue orders thereon relating to

the procedures of the department with respect to hearings,

filing of reports, submission of plans and the issuance, C

revocation and modification of permits issued under ORS .j

466.005 to 466.385 and 466.890.

(3) Adopt rules and issue orders thereon to classify as

hazardous waste those residues defined in ORS 466.005

(7)(b).

(4) Adopt rules and issue orders thereon relating to

reporting by generators of hazardous waste concerning type,

amount and disposition of such hazardous waste and waste

minimization activities. Rules may be adopted exempting

certain classes of generators from such requirements.

(~) Adopt rules and issue orders relating to the

transportation of hazardous waste by air or water.

(6) Adopt rules and issue orders relating to the

production. marketing, distribution. transpOrtation and

burning of fuels containing or derived from hazardous waste.

(7) Adopt rules and issue orders relating to corrective

action, including corrective action within the facility or

beyond the facility boundary if necessary to protect public

health or the environment. for all releases of hazardous waste

or constituents of hazardous waste occurring from locations

within the facility or originating within the facility and

releasing beyond the facility boundary, from any hazardous

waste treatment. storage or disposal facility, regardless of the

time the hazardous waste was placed in the facility.

(8) Adopt rules and issue orders relating to the

restriction or prohibition of nonhazardous liquid waste in a .:l f\

hazardous waste disposal .site. .' ;~i>>--"

(9) Adopt rules necessary to Implement the .

, certification requirements of ORS 466.357.

[Formerly 459.440; 1987 c.540 §6; 1989 c.833 §112]

Note: See note under 466.355.

466.025 Duties of commission. In order

to carry out the provisions of ORS 466.005 to 466.385 and

466.890, the commission shall:

(1) Limit the number of facilities disposing of or

treating hazardous waste or PCB;

(2) Establish classes of hazardous waste or PCB that

may be disposed of or treated;

(3) Designate the location of a facility designed to

dispose of or treat hazardous waste or PCB; and

(4) Limit to the extent otherwise allowed by law, the

hazardous waste or PCB accepted for trearment or disposal at

a facility first to hazardous waste or PCB originating in

Oregon. or if the capacity of the facility as established under

ORS 466.055 allows. or it is necessary for the commission to

receive and maintajn stale authorization of a hazardous waste

regulatory program under P.L. 94-580 and P.L. 98-616. to

states that are parties to the Northwest Interstate Compact on

Low-Level Radioactive Waste Management as set forth in

ORS 469.930. W' <,

[1985 c.670 §4]

··2··
466.030 Designation of classes of facilities

• ject to certain provisions. The

. lIironmental Quality Commission may. by rule, designate

.classes of facilities designed to treat or dispose of hazardous

waste or PCB that shall be subject to the provisions of ORS

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

466.260 to 466.320.

[1985 c.670 §8]

466.035 Commission authority to impose

standards for hazardous waste or PCB at

Oregon facility. The commission may impose .

specific standards for the range and type of hazardous waste

or PCB treated or disposed of at a facility' in order to protect

the public health and safety and environment of Oregon.

[1985 c.670 §9]

466.040 Application period for PCB or

hazardous waste permit. Whenever the

Environmental Quality Commission finds there is a need for

an additional hazardous waste or PCB trearment or disposal

facility according to the criteria established in ORS 466.055,

the commission shall establish an application period during

which persons may apply for a PCB disposal facility permit

according to the provisions of ORS 466.260 to 466.285 or a

Alar.dous waste disposal facility permit under ORS 466.005

~466.385 and 466.890. .

[1985 c.670 §10; 1987 c.540 §16]

466.045 Application form; contents; fees;

renewal application. (1) Upon request, the

department shall furnish an application form to any person

interested in developing or constructing a hazardous waste or

PCB treatment or disposal facility or a hazardous waste

storage facility. Each such form shall contain:

(a) The name and address of the applicant.

(b) A statement of financial condition of the applicant,

including assets, liabilities and net worth.

(c) The experience of the applicant in construction,

management, supervision or development of hazardous waste

or PCB treatment or disposal facilities and in the handling of

such substances. '

(2) The department shall also require the submission

of such information relating to the construction, development

or establishment of a proposed hazardous waste or PCB

treatment or disposal site and facilities to be operated in

conjunction therewith, and such additional information, data

and reports as it deems necessary to make a decision on

granting or denying a permit.

(3) If the application is for a new permit to operate a

new hazardous waste or PCB treatment or disposal facility or -Ehazardous waste storage facility, the application shall

"'". ;.- accompanied by a fee in an amount sufficient to cover the

~. artment's costs in investigating and processing the

application, but which shall not exceed $70.000, which shall

be continuously appropriated to the department for payment

of the department's administrative expenses incurred in the

process of issuing a permit for the treatment, storage or

disposal facility: Any portion of the fee that exceeds the

department's administrative expenses shall be refunded to the

applicant.

(4) If the application is for the renewal of an existing

permit, the application shall be accompanied by a fee in an

amount estimated by the department to be sufficient to cover

the department's costs in investigating and processing the

renewal application. If the department incurs expenses in

excess of the estimated fee, the applicant shall pay the excess

fees. Under no circumstances shall the renewal fee exceed a

total of $50,000. Any portion of the fee that exceeds the

department's administrative expenses shall be refunded to the

applicant. Such fees shall be continuously appropriated to the

department for payment of the department's administrative

expenses incurred in the process of renewing the permit for a

treatment, storage or disposal facility.

[1985 c.670 §ll; 1987 c.540 §17]

466.050 Citizen advisory committees.

(1) To aid and advise the director and the commission in the

selection of a hazardous waste or PCB treatment or disposal

facility or the site of such facility, the director shall establish

citizen advisory comminees as the director considers

necessary. The director shall determine the representation.r

membership, terms and organization of the committees and

shall appoint their members. The director or a designee s'hall

be a nonvoting member of each committee.

(2) The advisory committees appointed under

subsection (1) of this section shall review applications during

an application period established under ORS 466.040 and

make recommendations on the applications to the

commission.

[1985 c.670 §12]

466.055 Criteria for new facility.

Before issuing a permit for a new facility designed to dispose

of or treat hazardous waste or PCB, the commission must

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

the department or any other interested party, that the

proposed facility meets the following criteria:

(1) The proposed facility location:

(a) Is suitable for the type and amount of hazardous

waste or PCB intended for trearmenr or disposal at the .

facility;

(b) Provides the maximum protection possible to the

public health and safety and environment of Oregon from

release of the hazardous waste or PCB stored, treated or

disposed of at the facility; and

. (c) Is situated sufficient distance from urban growth

boundaries, as defined in ORS 197.295, to protect the public

health arid safety, accessible by transportation routes that

minimize the threat to the public health and safety and to the

environment and sufficient distance from parks, wilderness

··3··
and recreation areas to prevent adverse impacts on the public

use and enjoyment of those areas.

(2) Subject to any applicable standards adopted under

ORS 466.035, the design of the proposed facility:

(a) Allows for treatment or disposal of the range of

hazardous waste or PCB as required by the commission; and

(b) Significantly adds to:

(A) The range of hazardous waste or PCB handled at

a treatment or disposal facility currently permitted under ORS

466.005 to 466.385; or

(B) The type of technology employed at a treatment or

disposal facility currently permitted under ORS 466.005 to

466.385.

(3) The proposed facility uses the best available

technology for treating or disposing of hazardous waste or

PCB as determined by the department or the United States

Environmental Protection Agency.

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

(a) Lack of adequate current treatment or disposal

capacity in Oregon. Washington, Idaho and Alaska to handle

hazardous waste or PCB generated by Oregon companies;

(b) A finding that operation of the proposed facility

would result in a higher level of protection of the public

health and safety or environment; or

(c) Significantly lower treatment or disposal costs to

Oregon companies.

(5) The proposed hazardous waste or PCB treatment

or disposal facility has no major adverse effect on either:

(a) Public health and safety; or .

(b) Environment of adjacent lands.

[1985 c.670 §5; 1987 c.540 §18; 1989 c.833 §96]

466.060 Criteria to be met by owner and

operator before issuance of permit. (1) Before

issuing a permit for a facility designed to treat or dispose of

hazardous waste or PCB, the permit applicant must .

demonstrate, and the commission must find, that the owner

and operator meet the following criteria:

(a) The owner, any parent company of the owner and

the operator have adequa1c financial and technical capability

to properly consttuet and operate the facility; and

(b) The compliance history of the owner including any

parent company of the owner and the operator in owning and

operating other similar facilities, if any, indicates an ability

and willingness to operate the proposed facility in compliance

with the provisions of ORS 466.005 to 466.385 and 466.890

or any condition imposed on the permittee by the

commission.

(2) If requested by the permit applicant. information

submitted as confidential under paragraph (a) of subsection

(1) of this section shall be maintained confidential and exempt

from public disclosure to the extent provided by Oregon law.

[1985 c.670 §7; 1987 c.S40 §19; 1989 c.833 §97]

466.065 Applicant for renewal to comply

with ORS 466.055. As a condition to the issuance r:--',",

of a renewal permit under ORS 466.005 to 466.385 and {

-466.890, the commission may require the applicant to comply "'~

with all or some of the criteria set forth in ORS 466.055.

[1985 c.670 §6; 1987 c.540 §20)

(Hazardous Waste)

466.068 Technical assistance and

information program for generators of

hazardous waste. (1) The Department of

Environmental Quality shall implement a technical assistance

and .information program for generators of hazardous waste .

. who are or are likely to be classified as conditionally exempt

generators. The program shall include but need not be limited

to:

(a) Direct, onsite assistance;

(b) Coordination with industry trade associations;

(c) Information clearinghouse activities; and

(d) Publications and workshops directed at specific

types of conditionally exempt generators. .

(2) 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 environment. The commission may develop rules to

carry out the intent of this subsection. :,(0

[1991 c.721 §5)

466.070 Standards for rules. (1) In

adopting rules under ORS 466.020 regulating the disposal of'

hazardous wastes, including, but not limited to, rules for the

operation and maintenance of hazardous waste disposal sites,

the commission shall provide for the highest and best

practicable disposal of the hazardous wastes in a manner that

will minimize:

(a) The possibility of a dangerous uncontrolled.

reaction. the release of leachate. noxious gases or odors, fire,

explosion or the discharge of the hazardous wastes; and

(b) The amount of land used for burial of the

hazardous wastes.

(2) The depatqnent shall investigate and analyze in

detail the disposal methods and procedures required to be

adopted by rule under ORS 466.020 and subsection (1) of

this section and shall report its findings and recommendations

to the commission.

[Formerly 459.442)

466.075 Rules for generators of hazardous

waste. (1) The commission may, by rule. require

generators of hazardous waste to: . .~-

(a) Identify themselves to the department. list the .r\

location and general cbaracteristics of their activity and name _~

the hazardous waste generated;

··4··
(b) Keep records that accurately identify the quantities

• such hazardous waste, the constituents thereof, the

,.Jlsposition of such waste and waste minimization activities;

(c) Furnish information on the chemical composition

of such hazardous waste to persons transporting, treating,

storing or disposing of such waste;

(d) Use a department approved manifest system to

assure that all such hazardous waste generated is destined for

treatment, storage or disposal in treatment, storage or

disposal facilities (other than facilities on the premises where

the waste is generated) which are operating pursuant to lawful

authority;

(e) Submit reports to the department setting out

quantities of hazardous waste generated during a given time

period, the disposition of all such waste and waste

minimization activities;

(f) Comply with specific waste management standards;

and

(g) Minimize the amount or toxicity of hazardous

waste generated.

(2) The generator of a hazardous waste shall be

allowed to store a hazardous waste produced by that

generator on the premises of that generator for a term not to

exceed that set by role without obtaining a hazardous waste

storage site permit. This shall not relieve any generator from

complying with any other role or standard regarding storage

of hazardous waste.

•

(3) The commission by role may exempt certain

\. .' lasses or types of hazardous waste generators from part or

·_.Yall of the requirements upon generators adopted by the

commission. Such an exemption can only be made if the

commission finds that. because of the quantity, concentration,

methods of handling or use of a hazardous waste,' such a

class or type of generator is not likely either:

(a) To cause or significantly contribute to an increase

in serious irreversible or incapacitating reversible illness; or

(b) To pose a substantial present or potential threat to

human health or the environment.

(4) The commission by role may provide for a special

permit for the treatment of hazardous waste on the premises

of a generator. Such a special permit may be established only

if such treatment has no major adverse impact on:

(a) Public health and safety; or

(b) The environment of adjacent lands.

[Formerly 459.445; 1987 c.540 §7]

466.080 Rules for transportation of

hazardous waste. In adopting roles governing

transportation of any hazardous wastes for which a permit is

required. the Public Utility Commission or the State

Department of Agriculture must consult with and consider the

recommendations of the department prior to the adoption of

any such rules. Transporters shall be required to deliver

a..;::":;ous wastes to a site named in the manifest provided for

:~inORs 466.005 to 466.385. 466.880 (1) and (2) and

'-00" 466.890, or to an alternative site approved by the department.

[Formerly 459.450; 1993 cA22 §22] .

466.085 [Formerly 459.455; repealed by 1987 c.540 §53 (466.086

enacted in lieu of 466.085)) .

466.086 Gaining .federal authorization.

(1) The commission and the department are authorized to

perform or cause to be performed any act necessary to gain

interim and final authorization of a hazardous waste

regulatory program under the provisions of the Federal

Resource Conservation and Recovery Act, P.L. 94-580 and

the Hazardous and Solid Waste Amendments of 1984, P.L.

98-616 as amended, and federal regulations and interpretive

and guidance documents issued pursuant to the Federal

Resource Conservation and Recovery Act.

(2) The commission may adopt. amend or repeal any

role or license and the commission or department may enter

into any agreement necessary to implement this section.

[1987 c.540 §54 (enacted in lieu of 466.085)]

466.090 Inspection and copying of records

authorized; exceptions. (1) Except as provided in

subsection (2) of this section, any information filed or

submitted pursuant to ORS 466.005 to 466.385 and 466.890

shall be made available for public inspection and copying

during regular office hours of the department at the expense

of any' person requesting copies.

(2) Unless classified by the director as confidential"

any records. reports or information obtained under ORS- .

466.005 to 466.385 and 466.890 shall be available to the

public. Upon a showing satisfactory to the director by any

person that records, reports or information, or particular

parts thereof, if made public, would divulge methods or:

processes entitled to protection as trade secrets of such

person, the director shall classify as confidential such record,

report or information, or particular part thereof. However,

such record, report or information may be disclosed to other

officers, employees or authorized representatives of the state

concerned with carrying out ORS 466.005 to 466.385 and

466.890 or when relevant in any proceeding under ORS

466.005 to 466.385 and 466.890. .

(3) Records, reports and information obtained or used

by the department or the commission in administering the

state hazardous waste program under ORS 466.005 to

466.385 and 466.890 shall be available to the United States

Environmental Protection Agency and the federal Agency for

Toxic Substances and Disease Registry, upon request. If the

records, reports'or information has been submitted to the

state under a claim of confidentiality, the state shall make that

claim of confidentiality to the Environmental Protection

Agency and the Agency for Toxic Substances and Disease

Registry for the requested records, reports or information.

The federal agencies shall treat the records. reports or

information that is subject to the confidentiality claim as

confidential in accordance with applicable federal law.

[Formerly 459.460; 1987 c.540 §8]

··5··
466.095 Hazardous waste to be stored or

treated at permitted site; exemptions. (1)

Except as provided in DRS 466.075 (2), no person shall:

(a) Store a hazardous waste anywhere in this state

except at a permitted hazardous waste treatment. storage or

disposal site;

(b) Establish. construct or operate a hazardous waste

storage site in this state without obtaining a hazardous waste

storage site permit issued pursuant to DRS 466.005 to

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

(c) Establish. construct or operate a hazardous waste

treatment site in this state without obtaining a hazardous

waste treatment site permit issued under DRS466.005 to

466.385 and 466.890.

(2) The commission may exempt certain classes of

hazardous waste storage or treatment sites from part or all of

the permitting requirements for these sites. Such an

exemption can only be made if the commission finds that.

because of the quantity. concentration or type of waste or

duration of storage. such a class of storage or treatment site

is not likely to endanger the public health. welfare or safety

or the environment. -

(3) If the director finds an emergency condition to

exist. the director may authorize the short-term storage or

treatment of a hazardous waste anywhere in the state as long

as such temporary storage or treatment shall not constitute a

hazard to public health. welfare or safety or to the

environment.

[Formerly 459.505; 1987 c.540 §9; 1993c.422 §23]

466.100 Disposal of waste restricted;

permit required. (1) Except as provided in

subsection (3) of this section. no person shall dispose of any

hazardous waste anywhere in this state except at a hazardous

waste disposal site permitted pursuant to DRS 466.110 to

466.170.

(2) No person shall establish. construct or operate a

disposal site without a permit therefor issued pursuant to DRS

466.005 to 466.385 and 466.890.

(3) The department may authorize disposal of

specified hazardous wastes at specified solid waste disposal

sites operating under department permit issued pursuant to

ORS 459.205 to 459.385. Such authorization may be granted

only under procedures approved by the commission. which

shall include a determination by the department that such

disposal will not pose a threat to public health. welfare or

safety or to the environment.

[Formerly 459.510; 1987 c.540 §21; 1993 c.560 §103]

466.105 Duties of permittee.' Each

hazardous waste storage or treatment site permittee shall be

required to do the following as a condition to holding the

permit:

(1) Maintain records of any hazardous waste identified

pursuant to provisions of DRS 466.005 to 466.385, 466.880

(l)and (2) and 466.890 which is stored or treated at.the_sjtc.

and the manner in which such waste was stored or treated.

transported and disposed of. tC' '......<,

(2) Report periodically to the department on types andi ' I

volumes of wastes received, their manner of disposition and .

waste minimization activities for any hazardous waste

generated on the premises.

(3) Participate in the manifest system designed by the

department.

(4) Maintain current contingency plans to minimize

damage from spillage, leakage, explosion, fire or other

accidental or intentional event.

(5) Maintain sufficient liability insurance or equivalent

financial assurance in such amounts as determined by the

department to be reasonably necessary to protect the

environment and the health. safety and welfare of the people

of this state.

(6) Assure that all personnel who are employed by the

permittee are trained in proper procedures for handling.

transfer, transport, treatment and storage of hazardous waste

. including, but not limited to, familiarization with all

contingency plans.

(7) Maintain other plans and exhibits and take other

actions pertaining to the site and its operation as determined

by the department to be reasonably necessary to protect the

public health, welfare or safety or the environment.

(8) Restore, to the extent reasonably practicable. the

site to its original condition when use of the area is , '\

terminated. . (C) (9) Maintain. a cash bond or other equivalent fm~cial;::~'7

assurance in the name of the state in an amount estimated by

the department to be sufficient to cover any costs of closing

the site, including corrective actions. and monitoring it or

providing for its security after closure and to secure

performance of all permit requirements. The financial

assurance shall remain available for the duration of the permit

and until the site is closed. except to the extent it is released

or modified by the department.

(10) Provide corrective action, including corrective

action within the facility or beyond the facility boundary

when determined by the department to be necessary to protect

public health, welfare. safety or the environment. for all

releases of hazardous wastes or constituents of hazardous

waste. occurring from locations within the facility or

originating within the facility and releasing beyond the

facility boundary, regardless of the time the hazardous waste

was placed at the facility. The department shall provide to the

permittee a written directive for the necessary corrective

action.

[Formerly 459.517; 1987 c.540 §10; 1993 c.422 §24]

466.107 Action under ORS 466.105 against

guarantor. (1) If a permittee is in bankruptcy,

reorganization. or arrangement under the Federal Bankruptcy >-'"

Code or if. with reasonable diligence, j~ction in any stat,,(. )

court or any federal court cannot be obtained over a ~~

. permittee likely to be solvent at the time of judgment. any ----- -- ---- -- - - - -

··6··
claim arising from conduct for which evidence of financial

•

.. onsibility is required under ORS 466.105 (5) and (9) may

asserted directly against the guarantor providing the

evidence of financial responsibility. In an action under this

section, the guarantor shall be entitled to all rights and

defenses that would have been available to the permittee if

the actionhad been brought against the permittee and that

would have been available to the guarantor if the action had

been brought against the guarantor by the permittee.

(2) The total liability of any guarantor shall be limited

to the aggregate amount the guarantor has provided as

evidence of financial responsibility to the permittee under

ORS 466.105 (5) or (9). Nothing in this section shall be

construed to limit any other state or federal statutory,

constructual or common law liability of a guarantor to a

permittee including, but not limited to, the liability of a

guarantor for bad faith either in negotiating or in failing to

negotiate the settlement of any claim.

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

person other than the permittee, ~ho provides evidence of

financial responsibility for a permittee under ORS 466.105

(5) or (9).

[1987 c.54O §3]

466.110 Application; form. (1) The

department shall furnish an application form to anyone who

..ishes to operate a hazardous waste storage or trearment site.

• (2) In addition to information requested on the

application form, the department shall also require the

submission of such information relating to the construction,

development or establishment of a proposed hazardous waste

storage or treatment site and facilities to be operated in

conjunction therewith and such additional information, data

and reports as it deems necessary to make a decision on

granting or denying a license.

[Formerly 459.535; 1987 c.54O §22]

466.115 Required application information.

Permit applications submitted to the department for

managing, operating, constructing, developing or establishing

a hazardous waste disposal site must contain the following:

(1) The management program for the operation of the

site, including the person to be responsible for the operation

of the site and a resume of the qualifications of the person,

the proposed method of disposal, the proposed method of

pretreatment or decontamination upon the site, if any, and the

proposed emergency measures to be provided at such site.

(2) A description of the size and type of facilities to

be constructed upon the site, including the height and type of

fencing to be used, the size and construction of strUCtUrI:S or

buildings, warning signs, notices and alarms to be used, the

type of drainage and waste treatment facilities and maximum

~acity of such facilities, the location and source of each

~arer supply to be used and the location and the type of rue -. control facilities to be provided at such site.

(3) A preliminary engineering sketch and flow chart

showing proposed plans and specifications for the

construction and development of the site and the waste

treatment and water supply facilities, if any, to be used at

such site.

(4) The exact location and place where the applicant

proposes to operate and maintain the site, including the legal

description of the lands included within such site.

(5) A preliminary geologist's survey report indicating

. land formation, location of water resources and direction of

the flows thereof and the opinion of the geologist relating to

possible sources of contamination of such water resources.

(6) The names and addresses of the applicant's current

or proposed insurance carriers, including copies of insurance

policies then in effect.

[Formerly 459.540; 1987 c.540 §23]

466.120 Required application information

to operate site. Applications for a permit to operate

a hazardous waste storage or treatment site shall include at a

minimum:

(1) The name and address of the applicant and the

exact location of the proposed storage or treatment site.

(2) Estimates with respect to compositions, quantitjes

and concentrations of any hazardous waste identified under

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

and the time, frequency or rate at which such hazardous

waste may be received, stored, treated, transported or

disposed.

(3) A description of the operational plan for the sire,

including handling methods, storage or treatment methods,

hours and days of operation and a preliminary engineering

sketch showing layout of the site, location of water supply

and drainage facilities and traffic flow. .

(4) A description of security measures at the site .

including, but not limited to, type, height and location of

fencing, manner for controlling access to the site, alarm

systems and warning signs.

(5) The name of any person who will be responsible

for managing the operation of the site and a statement of the

qualifications of such persons.

(6) The name of the liability insurance carrier who

will provide coverage required in ORS 466.105.

[Formerly 459.545; 1987 c.54O §24; 1993 c.422 §25]

466.U5 Notice of hearings on applications.

(1) Prior to holding hearings on a hazardous waste

disposal site permit application, the commission shall cause

notice to be given in the county or counties where the

proposed site is located in a manner reasonably calculated to

notify interested and affected persons of the permit

application.

(2) The notice shall contain information regarding the

approximate location of the site and the type and amount of

materials intended for disposal at such site, and shall fi:i a

··7··
time and place for a public hearing. In addition, the notice

shall contain a statement that any person interested in or

affected by the proposed site shall have opportunity to testify

at the hearing.

[Formerly 459.550; 1987 c.540 §25]

466.130 Public hearing i.i:l areas of

proposed site required. The commission shall

conduct a public hearing in the county or counties where a

proposed hazardous waste disposal site is located and may

cooduct hearings at such other places as the depanment

considers suitable. At the hearing the applicant may present

the application and the public may appear or be represented

in support of or in opposition to the application.

[Formerly 459.560]

466.135 Recommendations by state

agencies on applications; effect. Upon receipt

of an application for a hazardous waste, disposal site permit,

the department shall cause copies of the application to be sent

to affeacd state agencies, including the Health Division, the

Pt!blic Utility Commission, the State Fish and Wildlife

Commiwon and the Water Resources Director. Each agency

shall respond by making a recommendation as to whether the

permit application should be granted. If the Health Division

recommends against granting the permit, the commission

must refuse to issue the permit. Recommendation from other

agencies shall be considered as evidence in determining

whether to grant the permit.

[Formerly 459.570; 1987 c.54O §26]

466.140 Review of applications; issuance.

(I} The department shall examine and review all hazardous

waste disposal site permit applications submitted to it and

make such investigations as it considers necessary, and make

a' recommendation to the commission as to whether to issue

tbepcnnit.

(2) After reviewing the department's recommendations

umfi:rsubsection (1) of this section, the commission shall

deem: whether or not to issue the permit. It shall cause

notice of its decision to be given to the applicant by certified

mail <II the address designated in the application. The decision

of the commission is subject to judicial review under ORS

183·.480.

[Formerly 459.580; 1987 c.54O §27]

466.145 Review of treatment applications;

isIRaDce. (1) The department shall review and cause

to', be iaYestigated all hazardous waste treatment site permit

appifGIions submitted to it.

(2) After reviewing and investigating the application,

tfut dEpartment shall decide whether or not to issue the

pemJis. It shall cause notice of its decision to be given to the

applicant by certified mail at the address designated in the

application. The decision of the department is subject to (/,,0', ",

review by the commission under the provisions of ORS

183.310 to 183.550 governing contested cases.

[Formerly 459.585; 1987 c.54O §28]

466.150 Permit requirements. Each

hazardous waste disposal site permittee under ORS 466.005

to 466.385 and 466.890 shall be required to do the following

as a condition to holding the permit:

(1) Proceed expeditiously with and complete the

project in accordance with the plans and specifications

approved therefor pursuant to ORS 466.005 to 466.385 and

466.890 and the rules adopted thereunder.

(2) Commence operation, management or supervision

of the hazardous waste disposal site on completion of the

project and not to permanently discontinue such operation,

management or supervision of the site without the approval of

the department.

(3) Maintain sufficient liability insurance or equivalent

financial assurance in such amounts as determined by the

department to be reasonably necessary to protect the

environment, and the health, safety and welfare of the people

of this state.

(4) Establish emergency procedures and safeguards

necessary to prevent accidents and reasonably foreseeable

risks.

(5) Restore, to the extent reasonably practicable, the,/0

site to its original condition when use of the area is fi,2\;"

terminated as a site. "i:;)I

(6) Maintain a cash bond or other equivalent financial

assurance in the name of the state and in an amount estimated

bythe department to be sufficient to cover any costs of

closing the site, including corrective actions, and monitoring

it or providing for its security after closure, to secure

performance of permit requirements and to provide for any

remedial action by the state necessary to protect the public

health, welfare and safety and the environment following site

closure. The financial assurance shall remain on deposit for

the duration of the permit and until the end of the post-

, closure period, except as the assurance may be released or

modified by the department.

(7) Report periodically on the volume of material

received at the site, the fees collected therefor and waste

minimization activities for any hazardous waste generated on

the premises.

(8) Maintain other plans and exhibits and take other

actions pcnaining to the site and its operation as determined

by the department to be reasonably necessary to protect the

public health, welfare or safety or the environment.

[Formerly 459.590; 1987 c.284 §1; 1987 c.54O §1l]

Note: Section 5. c:hapIzr 284. Oregon Laws 1987. aDd sec;tion 55. ,'"

cl1aplu 540, Oregon Laws 1987, bom provide: i ,(

Sec. 5. The requimDeDa of ORS c:hapIzrs 92, 195 aDd 197~J

odler SWI: aDd loca1 laws for die sale or deeding of land do DOt

apply_lO: _

··8·>Ii
466.155 Acquisition by condemnation.

The commission may acquire real property for the disposal of

hazardous wastes by instituting condemnation proceedings

therefor to be conducted in accordance with ORS chapter 35.

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

466.165 Annual fees; use. (1) An annual

fee may be required of every generator, air or water

transporter and permittee under ORS 466.005 to 466.385 and

466.890. The fee shall be in an amount determined by the

commission to be adequate, less any federal funds budgeted

therefor by legislative action, to carry on the monitoring,

inspection and surveillance program established Under ORS

466.195 and to cover related administrative costs. All such

fees are continuously appropriated to the department to pay

the cost of the program under ORS 466.195.

(2) A generaror assessed an annual fee established

er subsection (1) of this section shall pay only that part of

e annual fee that exceeds the amount paid in the previous

'- . Calendar year under ORS 465.375 (3). .

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

[Formerly 4~9 .595] .

466.160 Site permit fees; disposition;

withdrawal by permittee. (1) The hazardous

waste treatment, storage or disposal site permit shall require

a fee based either on the volume of material accepted at the

site or a percentage of the fee collected, or both. The fees

shall be calculated in amounts estimated to produce over the

site use period a sum sufficient to:

(a) Secure performance of permit requirements;

(b) Close the site;

(c) Provide for any monitoring or security of the site

after closure; and

(d) Provide for any remedial action by the state

e ecesSary after closure to protect the public health; welfare

. .ind safety and the environment. .

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

account and when the amount paid in by the permittee

together with the earnings thereon equals the amount of the

financial assurance required under ORS 466.150 (6), the

permittee shall be allowed to withdraw the financial

assurance.

(3) If the site is closed before the fees reach an

amount equal to the financial assurance, appropriate

adjustment shall be made and the reduced portion of the

financial assurance may be withdrawn.

•

(1) Any portion of a hazardous waste disposal site deeded to the

state as a condition of issuance of a hazardous waste disposal site

license under ORS 466.150 (I) (1985 Replacement Part) that the

state deeds baclc to the licensee.

(2) Any real property deeded to the state as condition of issuance

of a PCB disposal facility license under ORS 466.320 (I) (1985

Replacement Pan) that the State deeds baclc to the licensee. [1987

c.284 §S: 1987 c.S40 §5S]

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

issued under ORS 466.005 to 466.385 and 466.890 after

public hearing upon a finding that the permittee has violated

any provision of ORS 466.005 to 466.385 and 466.890 or

rules adopted pursuant thereto or any material condition of

the permit, subject to review under ORS 183.310 ro 183.550.

[Formerly 459.620; 1987 c.540 §30]

466.175 Disposition of site or facility after

revocation; acquisition of site by department.

(1) If the commission revokes a permit under ORS 466.170,

the commission may:

(a) Close an existing hazardous waste disposal site or

facility; or

(b) Direct the department to acquire an existing

facility or site for the disposal, storage or treatment of.

hazardous waste according to the provisions of subsection (2)

of this section.

(2) The department may, upon direction o.f the .

commission and upon payment of just compensation, acquire

and own an existing facility or site for use in the disposal,

storage or treatment of hazardous waste. In or~er to secure

such a site, the commission may modify or waive any of-the

requirements of ORS chapter 459 and ORS 466.005 to "

466.385, 466.880 (1) and (2) and 466.890, but not ORS::

469.375 or 469.525, if it finds that such waiver or .

modification: .

(a) Is necessary to make operation of the facility 'or

site economica.lly feasible; and .

(b) Will not endanger the public health and safety or

the environment.

[Formerly 459.635; 1987 c.540 §31; 1993 c.422 §26; 1993

c.560 §104]

466.180 Department authority to limit

storage, disposal or treatment. . (1) :me

department may limit, prohibit or otherwise restrict th~

storage, treatment or disposal of any hazardous waste if

appropriate to protect public health, welfare or safety or the

environment or to prolong the useful life of a hazardous

waste disposal site.

(2) The department shall monitor the origin and

volume of hazardous waste received at a hazardous. waste

treatment or disposal site and may curtail or reduce the .

volume of the wastes that may be accepted for disposal as

necessary to prolong the useful life of the site.

(3) The department may restrict or prohibit the

disposal of nonhazardous liquid waste in a hazardous waste

disposal site.

[Formerly 459.640; 1987 c.540 §13]

,

. <: I

··9··
writing and shall include the reasons for requesting the

hearing. At the conclusion of the hearing. the commission

may affirm, modify or reverse the original order. ; r

C

-",

(5) All hearings before the commission shall be in"- ...

compliance with applicable provisions of ORS 183.310 to

183.550. Judicial review of all orders entered after hearing or

where no hearing is requested shall be in accordance with the

applicable provisions of ORS 183.310 to 183.550 for judicial

review of contested cases.

[Formerly 459.670; 1987 c.540 §14]

466.200 Procedure for emergencies. (1)

Whenever, in the judgment of the department from the results

'of monitoring or surveillance of operation of any generator,

air or water transporter or hazardous waste disposal, storage

or treatment site, there is reasonable cause to believe that a

clear and immediate danger to the public health, welfare or

safety or to the environment exists from the continued

operation of the site, without hearing or prior notice, the

department shall order the operation of the site halted by

service of the order on the site superintendent.

(2) Within 24 hours after the order is served, the

department must appear in the appropriate circuit court to

petition for the equitable relief required to protect the public

health, welfare or safety or the environment and may begin

proceedings to revoke the permit if grounds for revocation

exist.

[Formerly 459.660; 1987 c.540 §33]

466.195 Monitoring and surveillance

program; inspection. (1) The department shall

establish and operate a monitoring, inspection and

surveillance program over all hazardous waste generators, air

or water transporters and disposal. storage and treatment sites

or may contract with any qualified public or private agency to

do so.

(2) Any person who generates, stores, treats,

transports, disposes of or otherwise handles or has handled

hazardous waste, shall upon request of any officer, employee

or representative of the department. furnish information

relating to such waste and permit such person at all

reasonable times to have access to and to copy all records

relating to such waste.

(3) For the purposes of enforcing the provisions of

ORS 466.005 to 466.385, any officer, employee or

representative of the department may: «0'

(a) Enter at reasonable times any establishment or :(~

other place where hazardous waste is or has been generated,

stored, treated, disposed of or transported from: and '

(b) Inspect and obtain samples from any person of any

such waste and samples of any containers or labeling for such

waste.

•

466.185 Investigation upon complaint;

hearings; orders. (1) The department shall

investigate any complaint made to it by any person that the

operation of any generator, air or water transporter or

hazardous waste disposal, storage or treatment site is unsafe

or that the operation is in violation of the provisions of ORS

466.005 to 466.385 and 466.890 or the rules adopted under'

ORS 466.005 to 466.385 and 466.890.

(2) If, after making an investigation under subsection

(1) of this section, the department is satisfied that sufficient

grounds exist to justify a hearing upon the complaint, it shall

give 10 days' written notice of the time and place of the

hearing and the matters to be considered at the hearing. A

copy of the complaint shall be furnished by the department to

the respondent. Both the complainant and the respondent are

entitled to be heard, produce evidence and offer exhibits and

to require the attendance of witnesses at the hearing.

(3) The commission or a hearings examiner appointed

by the commission shall hear the matter. Within 30 days after ,

the date of the hearing and after considering all evidence and

testimony submitted, the commission shall make a specific

order as it considers necessary. Any order issued by the

commission under this subsection shall be subject to judicial

review in the manner provided by ORS 183.480 for judicial

review of orders in contested cases. The costs of reporting

and of transcribing the hearing for the purpose of judicial

review shall be paid by the party seeking judicial review.

[Formerly 459.650; 1987 c.540 §32]

466.190 Investigation upon motion of

department; flndlngs and orders. (1)

Whenever' the department believes that the operation of any

hazardous waste generator, air or water transporter or

disposal, storage or treatment site is unsafe, or in violation of

ORS 466.005 to 466.385 and 466.890 or not in compliance

with rules or orders, the department may, upon its own

motion. investigate the operation of the site.

(2) The department may, after it has made an

investigation under subsection (1) of this section. without

notice and hearing, make such findings and orders as it

considers necessary from the results of its investigation.

(3) The findings and orders made by the department

under subsection (2) of this section may:

(a) Require changes in operations conducted, practices

utilized and operating procedures'found to be in violation of

ORS 466.005 to 466.385 and 466.890 or the rules adopted

thereunder. ,

(b) Require compliance with the provisions of the

permit.

, (4) The department shall deliver a certified copy of all

orders issued by it under subsection (2) of this section to the

respondent or the respondent's ,duly authorized representative

at the address furnished to the department in the permit

application. The order shall take effect 20 days after the date

of its issuance. unless the respondent requests a hearing on

the order before the commission before the 20-day period has

expired. The request for a hearing shall be submitted in

[Formerly 459.680; 1987 c.540 §34] o

** 10 *.
466.205 Liability for improper disposal of

Alste; costs; lien for department expenditures.

-(1) Any person owning a facility which generates, treats,

stores or disposes of and any person having the care, custody

or control of a hazardous waste or a substance which would

be a hazardous waste except for the fact that it is not

discarded, useless or unwanted, who causes or permits any

disposal of such waste or substance in violation of law or

otherwise than as reasonably intended for normal use or

handling of such waste or substance, including but not limited

to accidental spills thereof, shall be liable for the damages to

person or property, public or private, caused by such

disposition.

(2) It shall be the obligation of such person to collect,

remove or treat such waste or substance immediately, subject

to such direction as the department may give.

(3) If such person fails to collect, remove or treat

such waste or substance when under an obligation to do so as

provided by subsection (2) of this section, the department is

authorized to take such actions as are necessary to collect,

remove or treat such waste or substance.

(4) The director shall keep a record of all necessary

expenses incurred in carrying out any cleanup projects or

activities authorized under subsection (3) of this section,

including reasonable charges for services performed and

equipment and materials utilized.

(5) Any person who fails to collect, remove or treat

•

Ch waste or substance immediately, when under an

ligation to do so as provided in subsection (2) of this

.~.~.' section, shall be responsible for the necessary expenses

incurred by the state in carrying out a cleanup project or

activity authorized under subsections (3) and (4) of this

section.

(6) If the amount of state-incurred expenses under

subsections (3) and (4) of this section are not paid to the

department within 15 days after receipt of notice that such

expenses are due and owing, the Attorney General, at the

request of the director, shall bring an action in the name of

.the State of Oregon in any court of competent jurisdiction to

recover the amount specified in the final order of the

director.

(7) All expendiru.res covered by this section and all

penalties and damages for which a person is liable to the state

under this chapter and ORS chapter 465 shall constitute a lien

"upon any real and personal property owned by such person.

(8) The department shall file a claim of lien on real

property to be charged with a lien under subsection (7) of this

section with the recording officer of each county in which the

real property is located and shall file a claim of lien on

personal property to be charged with a lien under subsection

(7) of this section with the Secretary of State. The lien shall

attach and become enforceable on the date of such filing. The

lien claim shall contain:

(a) A statement of the demand;

. • (b) The name of the person against whose property the

\~en attaches;

(c) A description of the property charged with the lien

sufficient for identification; and

(d) A statement of the failure of the person to perform

the cleanup or disposal, compliance and corrective action and

pay penalties and damages as required.

(9) A lien created by this section may be foreclosed

by a suit on real and personal property in the circuit court in

the manner provided by law for the foreclosure of other

liens.

(10) Nothing in this section shall affect the right of the

state to bring an action against any person to recover all costs

and damages for which the person is liable under the

provisions of this chapter.

[Formerly 459.685; 1987 c.540 §15]

466.210 Actions or proceedings to enforce

compliance. Whenever it appears to the depamnent

that any person is engaged or about to engage in any acts or

practices which constitute a violation of ORS 466.005 to

466.385 and 466.890 or the rules and orders adopted

thereunder or of the terms of the permit, without prior

administrative hearing, the department may institute actions

or proceedings for legal or equitable'remedies to enforce

compliance therewith or to restrain further violations thereof.

[Formerly 459.690; 1987 c.540 §35]

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

site is closed, the person permitted under ORS 466.110 to

466.170 to operate the site, must obtain a post-closure permit

from the department. ..

(2) A post-closure permit-issued under this sectionmust be maintained until the end of the post-closure period

established by the commission by rule. .

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

permittee must provide post-closure care which shall include

at least the following:

(a) Monitoring and security of the hazardous waste

disposal site; and

(b) Any remedial action necessary to protect the

environment and the public health, welfare and safety.

(4) The commission may by rule establish a postclosure permit application fee.

[Formerly 459.695; 1987 c.540 §361

466.225 Monitoring site; access. (1) If

the department determines that the presence of hazardous

waste at a facility or site at which hazardous waste is or has

been stored, treated or disposed of, or that the release of

hazardous waste from a hazardous waste storage, treatment

or disposal facility or site may present a substantial hazard. to

human health or the environment, the department may order

the owner or operator of the facility or site to conduct any

monitoring, testing, analysis and reponing as the department

considers necessary to determine the nature and extent of the

hazard.

•• 11 ••
I. - I

I

I

1

· (2) If a facility or site is not in operation at the time a

determination is made under subsection (1) of this section and

the department finds that the owner of the facility or site

could not reasonably be expected to have actual knowledge of

the presence of hazardous waste at the facility or site and of

its potential for release, the department may order the most

recent previous owner or operator of the facility or site, who

could most reasonably be expected to have such actual

knowledge, to carry out the actions required in subsection (1)

of this section.

(3) Within 30 days after the department issues an

order under subsection (1) or (2) of this section, the person to

whom the order is issued shall submit to the department a

proposal for carrying out the required monitoring, testing,

analysis and reporting. The department may require the .

person to carry out the monitoring, testing, analysis and

reponing described in the proposal and in any modifications

to the proposal that the department considers necessary to \

determine the nature and extent of the hazard.

(4) If the department determines that an owner or

operator is not able to conduct monitoring, testing, analysis

or reponing required under subsection (1) or (2) of this

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

department considers any such action carried out by an

owner or operator to be unsatisfactory, or if the owner or

operator fails to comply with the order, or if the depanment

initially cannot determine that there is an owner or operator

able to conduct such monitoring, testing, analysis or

reponing, the department may:

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

the department considers reasonable to determine the nature

and extent of the hazard associated with the facility or site; or

(B) Authorize another state agency, local authority or

person to conduct the necessary monitoring, testing or

analysis; and

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

reimburse the department; state agency, local authority or

person for the costs of conducting the monitoring, testing or

analysis.

(5) The depanment may not require an owner or .

operator to reimburse the department for the costs of any

action carried out by the depanment under subsection (4) of

this section if the department's actions confirm the results of

monitoring, testing, analyses or reponing conducted by an

owner or operator under subsection (1) or (2) of this section.

(6) Any order issued under this section shall be

subject to the provisions set forth in ORS 466.190 and

466.200.

(7) In order to carry out the provisions of this section,

the owner or operator of the site or facility shall allow

necessary access according to the requirements of ORS

466.195 to the department or any state agency, local

authority or person conducting the monitoring, testing or

analysis required under subsection (4)(a) of this section.

[1987 c.540 §2]

(PCB Disposal Facilities) ....---.

466.250 Definition of "PCB disposal ,f. .C

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

(3) and 466.260 to 466.350, ·PCB disposal facility- includes

a facility for the treatment or disposal of PCB.

[1985 c.670 §13]

466.255 Disposal of PCB restricted; permit

required for PCB 'disposal facility. (1) No new

PCB disposal facility shall be constructed on or after Jamwy

1, 1985, without first complying with ORS 466.025 to

466.065, 466.250, 466.255 (2) and (3) and 466.260 to

466.350.

(2) No person shall treat or dispose of any PCB

anywhere in this state except at a PCB disposal facility

operating under a permit pursuant to ORS 466.025 to

466.065, 466.250, 466;255 (2) and (3) and 466.260 to

466.350.

(3) No person shall establish, construct or operate a

PCB disposal facility without a permit therefor issued under

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

466.260 to 466.350.

[1985 c.670 §§14,43; 1987 c.540 §37]

466.260 Duties of department. TW:..

depanment shall: 1r>;

(1) Provide.for the administration, enforcement and ~2{hJ

implementation of ORS 466.025 to 466.065, 466.250,

466.255 (2) and (3) and 466.260 to 466.350 and may

perform all functions necessary:

(a) To regulate the operation and construction of a

PCB disposal facility; and

(b) For the permitting of a PCB disposal facility in

consultation with the appropriate county governing body or

city council.

(2) Coordinate and supervise all functions of state and

local governmental agencies engaged in activities subject to

the provisions of ORS 466.025 to 466.065, 466.2509 466.255

(2) and (3) and 466.260 to 466.350.

(1985 c.670 §15; 1987 c.540 §38]

466.265 Rules for regulation of PCB

disposal. In accordance with applicable provisions of

ORS 183.310 to 183.550, the commission shall:

(1) Adopt roles and issue orders, including but not

limited to establishing minimum requirements for the disposal

of PCB, minimum rcquircments for operation, mainrenancc,

monitoring, reporting and supervision of disposal facilities.

and requirements and procedures for selection of such

facilities.

(2) Adopt roles and issue orders relating to tbc ( ... "\

procedures of the department with respect to heariDgs. fil~~~1

of reports. submission of plans and the issuance, a:vocationV

•• 12 ••
and modification of permits issued under ORS 466.005 [0

•.385.

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

466.270 Criteria for rules; study of

disposal methods. (1) In adopting rules under ORS

466.265 regulating the disposal of PCB including, but not

limited to, rules for the operation and maintenance of a PCB

disposal facility, the commission shall provide for the best

practicable disposal of the PCB in a manner that will

minimize the possibility of adverse effects on the public

health and safety or environment.

. (2) The department shall investigate and analyze in

detail the disposal methods and procedures required to be

adopted by rule under subsection (1) of this section and ORS

466.265 and shall report its findings and recommendations to

the commission.

[1985 c.670 §17]

466.275 Permit application for PCB

disposal facility. Permit applications submitted to

the depanment for managing, operating. constructing,

developing or establishing a PCB disposal facility must

contain the following:

(1) The management program for the operation of the

~cility including the person to be responsible for the

_eration of the facility and a resume of the person's

qualifications. the proposed method of disposal, the proposed

method of pretreatment or decontamination of the facility, if

any, and the proposed emergency measures to be provided at

the facility.

(2) A description of the size and type of facility to be

constructed, including the height and type of fencing to be

used. the size and construction of structures or buildings.

warning signs. notices and alarms to be used, the type of

drainage and waste treatment facilities and maximum capacity

of such facilities, the location and source of each water

supply to be used and the location and the type of fire control

facilities to be provided at the facility.

(3) A preliminary engineering sketch and flow chart

showing proposed plans and specifications for the

construction and development of the disposal facility and the

waste treatment and water supply facilities, if any, to be used

at the facility.

(4) The exact location and place where the applicant

proposes to operate and maintain the. PCB disposal facility,

including the legal description of the lands included within

the facility.

(5) A geologist's survey report indicating land

formation, location of water resources and direction of the

flows thereof and the geologist's opinion relating to the

potential of contamination of water resources including but

.."ot limited to possible sources of such contamination.

I.. (6) The names and addresses of the applicant's current

<, - or proposed insurance carriers, including copies of insurance

policies then in effect.

[1985 c.670 §18; 1987 c.540 §40]

466.280 Copies of application to be sent to

affected state agencies. Upon receipt of an

application for a PCB disposal facility permit, the department

shall cause copies of the application to be sent to. affected

state agencies, including the Health Division, the Public

Utility Commission, the State Fish and Wildlife Commission

and the Water Resources Director. Each agency shall respond

within the period specified by the department by making a

written recommendation as to whether the permit application

should be granted. Recommendation from other agencies

shall be considered in determining whether to grant the

permit.

[1985 c.670 §19; 1987 c.540 §41]

466.285 Notice of hearings on application.

(1) Prior to holding hearings on a PCB disposal facility

permit application, the commission shall cause notice to be

given in the county or counties where the proposed facility is

to be located in a manner reasonably calculated to notify

interested and affected persons of the permit application.

(2) The notice shall contain information regarding the

approximate location of the facility and the type and amount

of PCB intended for disposal at the facility, and shall fix a

time and place for a public hearing. In addition, the notice

shall contain a statement that any person interested in or

affected by the proposed PCB disposal facility shall have "

opportunity to testify at the hearing. "

'.'-

[1985 c.670 §20; 1987 c.540 §42]

466.290 Public hearing in area of proposed

facility required. The commission shall conduct a

public hearing in the county or counties where a proposed

PCB disposal facility is located and may conduct hearings at

other places as the department considers suitable. At the

hearing the applicant may present the application and the

public may appear or be represented in support of or in

opposition to the application.

[1985 c.670 §21]

466.295 Examination of applications;

recommendation to commission; decision as to

issuance; notice to applicant. (1) At the close of

the application period under ORS 466.040, the department

shall examine and review all PCB disposal facility permit

applications submitted to the commission and make such

investigations as the department considers necessary. and

make a recommendation to the commission as to whether to

issue the permit.

(2) After reviewing the department's recommendations

under subsection (1) of this section, the commission shall

decide whether or not to issue the permit. It shall cause

notice of its decision to be given to .the applicant by certified .

mail at the address designated in the application. The decision

•• 13 ••
of the commission is subject to judicial review under ORS

. 183.480. .

[1985 c.670 §22; 1987 c.540 §43] . .

466.300 Restrictions on commission

authority to issue permit. The Environmental

Quality Commission may not issue a permit under ORS

466.295 for any facility designed to dispose of PCB by

incineration unless:

(1) The facility is also equipped to incinerate

hazardous waste; and

(2) The applicant has received all federal and state

licenses and permits required to' operate a hazardous waste

incinerator.

[1985 c.670 §23; 1987 c.54O §44]

466.305 Investigation of complaints;

hearing; order. (1) The department shall investigate

any complaint made to it by any person that the operation of

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

violation of a condition of the operator's permit or any

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

and (3) and 466.260 to 466.340 or the rules adopted under

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

466.260 to 466.350. Upon receiving a complaint, the

department shall furnish a copy of the complaint to the

person holding the permit to operate the PCB disposal

facility.

(2) If, after making an investigation under subsection

(1) of this section, the department is satisfied that sufficient

grounds exist to justify a hearing upon the complaint, it shall

give 10 days' wrinen notice of the time and place of the

hearing and the matters to be considered at the hearing. Both

the complainant and the respondent are entitled to be heard,

produce evidence and offer exhibits and to require the

attendance of witnesses at the hearing.

(3) The commission or a hearings examiner appointed

by the commission shall hear the matter. Within 30 days after

the date of the hearing and after considering all evidence and

testimony submitted, the commission shall make a specific -

order as it considers necessary. Any order issued by the

commission under this subsecti.,En shall be subject to judicial

review in the manner provided by ORS 183.480 for judicial

review of orders in contested cases. The costs of reporting

and of transcribing the hearing for the purpose of judicial

review shall be paid by the party seeking judicial review.

[1985 c.670 §24; 1987 c.540 §451

466.310 Monitoring, inspection and

surveillance program; access to facility and

records. The depart:ment shall establish and operate a

monitoring. inspection and surveillance program over all PCB

disposal facilities or may contract with any qualified public or

private agency other than the owner or. permittee to do so.

Owners and operators of a PCB disposal facility must allow

necessary access to the PCB disposal facility and to its l":/'C'-·". records, including those required by other public agencies, .

for the monitoring, inspection and surveillance program to

operate.

[1985 c.670 §25; 1987 c.540 §46]

466.315 Procedure for emergency. (1)

Whenever, in the judgment of the department. there is

reasonable cause to believe that a clear and immediate danger

to the public health or safety or to the environment exists

from the continued operation of the facility, without hearing

or prior notice, the department shall order the operation of

the facility halted by service of the order on the facility

operator or an agent of the operator.

(2) Within 24 hours after the order is served, the

department must appear in the appropriate circuit court to

petition for the equitable relief required to protect the public

health or safety or the environment and may begin

proceedings to revoke the permit if grounds for revocation

exist.

[1985 c.670 §26; 1987 c.54O §47]

466.320 Conditions for holding permit.

Each PCB disposal facility perminee under ORS 466.025 to

466.065, 466.250, 466.255 (2) and (3) and 466.260 to

466.350 shall be required to do the following as a condition ( (""'\,

to holding the permit: '. \.u

(1) Proceed expeditiously with and complete the

project in accordance with the plans and specifications

approved and the rules adopted under ORS 466.025 to

466.065, 466.250, 466.255 (2) and (3) and 466.260 to

466.350.

(2) Commence operation, management or supervision

of the PCB disposal facility on completion of the project and

not to permanently discontinue the operation, management or

supervision of the facility without the approval of the

department.

(3) Maintain sufficient liability insurance or equivalent

financial assurance in such amounts as determined by the

department to be reasonably necessary to compensate for

damage to the public health and safety and environment.

(4) Establish emergency procedures and safeguards

necessary to prevent accidents and reasonably foreseeable

risks.

(5) Restore. to the extent reasonably practicable. the

area of the facility to its original condition when use of the

area is terminated as a facility.

(6) Maintain a cash bond or other equivalent financial

assurance in the name of the state and in an amount estimated

by the department to be sufficient to cover any costs of

. closing the facility and monitoring it or providing for its Cc··.

security after closure, to secure performance of permit r~

requirements and to provide for any remedial action by the '

state necessary to protect the public health and safety and the

** 14 **
environment following facility closure. The financial

I • A1rance shall remain on deposit for the duration of the

~t and until the end of the post-closure period, except as

. the assurance may be released or modified by the department.

(7) Report periodically to the department on the

volume and types of PCB received at the facility, their

manner of disposition and the fees collected therefor.

(8) Maintain other plans and exhibits pertaining to the

facility and its operation as determined by the department to

be reasonably necessary to protect the public health or safety

or the environment.

(9) Maintain records of any PCB identified under

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

and (3) and 466.260-to 466.350 which is stored, treated or

disposed of at the facility and the manner in which the PCB

was stored, treated, transported or disposed of. The records

shall be retained for the period of time determined by the ., \

COmmISSIon.

(10) Assure that all personnel who are employed by

the permittee are trained in proper procedures for handling,

transfer, transport, treatment, disposal and storage of PCB

including but not limited to familiarization with all

contingency plans.

(11) If disposal is by incineration, the facility must

also incinerate a reasonable ratio of hazardous waste.

[1985 c.670 §27; 1987 c.284 §2; 1987 c.540 §48]

• 466.325 Annual fee. An annual fee may be

.... required of every PCB disposal facility permittee under ORS

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

466.260 to 466.350. The fee shall be in an amount

determined by the commission to be adequate to carry on the

monitoring, inspection and surveillance program established

under ORS 466.310 and to cover related administrative costs.

All such fees are continuously appropriated to the department

to pay the cost of the program under ORS 466.310.

{l985 c.670 §28; 1987 c.540 §49]

466.330 Acquisition by state of real

property for disposal of PCB. The commission

may acquire real property for the disposal of PCB by

instituting condemnation proceedings therefor to be conducted

in accordance with ORS chapter 35.

[1985 c.670 §29]

466.335 Consequences of revocation.

(l) If the commission revokes a PCB disposal facility permit

under ORS 466.170, the commission may:

(a) Close the existing PCB disposal site or facility; or

(b) Direct the department to acquire an existing

facility or site for the disposal or treatment of PCB according

.•0 the provisions of subsection (2) of this section.

:;.~ (2) The department may, upon direction from the

commission and after payment of just compensation. acquire

and own an existing facility for use in the disposal of PCB.

- In order to secure such a facility. the commission may

modify or waive any of the requirements of ORS chapter 459

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

466.890, but not ORS 469.375 or 469.525, if the commission

finds that waiver or modification:

(a) Is necessary to make operation of the facility

economically feasible; and

(b) Will not endanger the public health and safety or .

the environment.

[1985 c.670 §30; 1987 c.540 §50; 1993 c.422 §27; 1993

c.560 §105]

466.340 Restrictions on treatment or

disposal of PCB at facility. . (1) The department

may limit, prohibit or otherwise restrict the treatment or

disposal of PCB at a disposal facility if appropriate to protect

public health and safety or the environment.

(2) The department shall monitor the origin and

volume of PCB received at a disposal facility acquired and

regulated under ORS 466.335, and may curtail or reduce the

volume of the PCB that may be accepted for disposal as

necessary to: .

(a). Protect public health and safety or the

environment; or

(b) Assure that the operation of the facility is

economically feasible.

(3) The department shall not accept any PCB at a .

disposal facility owned by the state from a state that is not' a

party to the Northwest Interstate Compact on Low-Level

Radioactive Waste Management as set forth in ORS 469.930.

[1985 c.670 §31]

466.345 PCB facility permit fee. (1) 'The

PCB disposal facility permit shall require a fee based either

on the volume of PCB accepted at the facility or a percentage

of the fee collected. or both. The fees shall be calculated in

amounts estimated to produce over the facility use period a

sum sufficient to:

(a) Secure performance of permit requirements;

(b) Close the facility;

(c) Provide for any monitoring or security of the

facility after closure; and

(d) Provide for any remedial action by the state

necessary after closure to protect the public health and safety

and the environment.

(2) The amount so paid shall be held in a separate

account and when the amount paid in by the permittee

together with the earnings thereon equals the amount of the

financial assurance required under ORS 466.320, the

permittee shall be allowed to withdraw the financial

assurance.

(3) If the facility is closed before the fees reach an

amount equal to the financial assurance. appropriate

adjustment shall be made and the reduced portion of the

financial assurance may be withdrawn.

[1985 c.670 §32; 1987 c.284 §4; 1987 c.540 §51]

•• 15 ••
•

[1989 c.833 §99]

NOTICE OF ENVIRONMENTAL HAZARDS

[1989 c.833 §loo]

466.357 Requirements for certain

generators of hazardous waste. Any person

operating a hazardous waste or PCB disposal facility pursuant

to a permit issued under ORS 466.005 to 466.385 shall not

accept hazardous waste or PCB from an Oregon generator

unless the generator first certifies that the generator has

implemented a toxies use reduction and hazardous waste

reduction program as required under Oregon law, or with

respect to an out-of-state generator. the generator has

certified compliance with the waste minimization

requirements of section 224(a) of the Hazardous and Solid

Waste Amendments of 1984, P.L. 98-616.

[1985 c.670 §33; 1987 c.540 §52]

466.355 Interstate cooperation regarding

toxies use and hazardous waste reduction

programs. (1) The Department of Environmental

Quality shall work with representatives of the States of

Washington, Idaho and Alaska to establish provisions in each

state to assure that any' generator disposing of hazardous

waste or PCB at an Oregon hazardous waste or PCB disposal

facility has implemented a toxies use reduction and hazardous

waste reduction program substantially equivalent to any

toxies use reduction and hazardous waste reduction program

required of Oregon generators.

(2) The department shall report to the appropriate

legislative interim committee on the department's progress in

carrying out the purpose of subsection (l) of this section.

[1985 c.273 §2]

466.365 Commission authority to establisr(O

sites for which notice is required; rulemaking; ';~L7

report to Legislative Assembly. (1) The

commission may establish by rule adopted under ORS

183.310 to 183.550:

(a) A list of sites for which environmental hazard

notices must be given and use restrictions must be imposed.

The list shall be consistent with the policy set forth in ORS

466.360 and may include any of the following sites that

contain potential hazards [0 the health. safety and welfare of

Oregon's citizens:

(A) A land disposal site as defined by ORS 459.005;

(B) A hazardous waste disposal site as defined by

ORS 466.005;

(C) A disposal site containing radioactive waste as

defined by ORS 469.300; and

(D) A facility.

(b) The form and content of use restrictions to be

imposed on the sites. which shall require at least that postclosure use of the site not disturb the integrity of the final

cover, liners or any other components of any containment

system or the function of the facility's monitoring systems,

unless the department finds that the disturbance:

(A) Will not increase the potential hazard to human

health or the environment; or

(B) Is necessary to reduce a threat to human health or

the environment. .: -"',

(c) The form and content of the environmental ~r) notices to be filed with cities and counties.

(a) Disposal sites exist on certain lots or parcels of

real property within Oregon that may restrict future land "'-O·~

development or constitute a potential hazard to the health, .\...

safety and welfare of Oregon's citizens, panicularly if presenc:

or future owners use or modify the parcels without taking

into consideration the use restrictions or environmental

hazards posed by the former disposal activity.

(b) Permits. licenses and approvals that have been or

may be granted by the Environmental Quality Commission,

the Department of Environmental Quality or the Energy

facility Siting Council authorizing disposal of waste upon

real property protect the health. safety and welfare of Oregon

citizens only if adequate notice of post-closure use restrictions

is given to future purchasers of the real property.

(c) Disposal sites created prior to regulation may be

potentially hazardous if use restrictions are not imposed.

(d) Proper precautions and maintenance cannot be

taken and continued unless the location of the disposal site,

the nature and extent of its potential hazard and use

restrictions are known to cities and counties and those who

own and occupy the property.

(2) It is hereby declared to be the public policy of this

state to give notice to local governments of potential

hazardous disposal sites and to impose use restrictions on

those sites.

466.360 Policy. (1) The Legislative

Assembly finds that:

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

the time a PCB disposal facility is closed, the person

permitted under ORS 466.025 to 466.065, 466.250, 466.255

(2) and (3) and 466.260 to 466.350 to operate the facility

must obtain a post-closure permit from the department.

(2) A post-closure permit issued under this section

must be maintained until the end of the post-closure period

established by the commission by rule.

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

permittee must provide post-closure care which shall include'

at least the following:

(a) Monitoring and security of the PCB disposal

facility; and

(b) Any remedial action necessary to protect the

public health and safety and environment..

(4) The commission may by rule establish a postclosure permit application fee.

•

•• 16··
(d) The circumstances allowing and procedures for

• OVal or amendment of environmental hazard notices and

re restrictions provided by the department.

(e) Any other provisions the commission considers

necessary for the department to accomplish the purpose of

ORS 466.360 to 466.385.

(2) Spills and releases cleaned up pursuant to ORS

466.205 and 468B.315 shall not be listed as sites to be

regulated under subsection (1) of this section.

(3) Before hearings on and adoption of rules under

subsection (1) of this section, the department shall notify each

person who owns a disposal site or an owner or operator of a

facility of the rulemaking proceedings.

(4) The department shall report to each Legislative

Assembly on any site or facility for which environmental

hazard notices and use restrictions have been amended or

removed as provided by rule adopted under subsection (1)(d)

of this section.

(5) The commission shall not list a site, spill or

release under subsection (1) of this section, if the commission

finds that within 90 days of receipt of notice under subsection

(3) of this section, the owner cleaned up the site, spill or

release so it is no longer a potential hazard to the health,

safety and welfare of Oregon's citizens.

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

given in ORS 465.200.

e985 c.273 §3; 1987 c.735 §25; 1991 c.480 §10]

.:.."j 466.370 Notice to owner; hearing; riling of

notice if no objection. (1) The department shall

notify by certified mail any person who owns a lot or parcel

upon which a disposal site listed under ORS 466.365 exists.

The notice shall:

(a) Describe the disposal site and potentially hazardous

environmental conditions;

(b) Describe the use restrictions that will be imposed;

(c) Explain that an environmental hazard notice will

be sent to the appropriate city or county under ORS 466.375;

and

(d) Advise the person of the procedure for requesting

a hearing under subsection (2) of this section.

(2) If any person receiving notice under subsection (1)

of this section objects to the use restrictions, the person may

request a hearing before the commission. The request shall be

in writing and must be submitted to the department within 20

days after the person receives the notice under subsection (1)

of this section. The hearing shall be-conducted according to

the provisions for a contested case hearing in ORS 183.413 to

183.497.

(3) If no hearing is requested within 20 days after

receipt of the notice, the department shall file the

environmental hazard notice with the appropriate city or

.county.

.~985 c.273 §4]

466.375 Filing of notice; content of notice.

The department shall file an environmental hazard notice

with the city or county in which a site listed under ORS

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

information: '

(1) A description of the lot or parcel upon which the

disposal site is located;

(2) The restrictions that apply to post-closure use of

the property; and

(3) Information regarding the potential environment

hazards posed by the disposal site to assist the city or county

in complying with ORS 466.385.

[1985 c.273 §5]

466.380 Interagency agreement for notices

for radioactive waste disposal sites. The

Department of Environmental Quality and the Department of

Energy shall enter into an interagency agreement providing

for the implementation of the provisions of ORS 466.360 to

466.385 relating to radioactive waste disposal sites.

[1985 c.273 §6]

466.385 Amendment of comprehensive

plan and land use regulations; model language;

appeal of land use decision related to site

requiring notice. (1) By the first periodic review.

after development of model language under subsection (2):bf

this section, the governing body of a city or county shall '::'

amend its comprehensive plan and land use regulations as', '

provided in ORS 197.610 and 197.628 to 197.646 to ',"

establish and implement policies regarding potentially

hazardous environmental conditions on sites listed under ORS

466.365. The land use regulations shall provide that:

(a) The city or county shall not approve any proposed

use of a disposal site for which the city or county has

received notice under ORS 466.370 until the Department of

Environmental Quality has been notified and provided the city

or county with comments on the proposed use; and

(b) Within 120 days of receipt of an environmental

hazard notice from the Department of Environmental Quality,

the city or county shall amend its zoning maps to identify the

disposal site.

(2) The Department of Environmental Quality and the

Department of Land Conservation and Development shall:

(a) Develop model language for comprehensive plans

and land use regulations for use by cities and counties in

complying with this section; and

(b) Provide technical assistance to cities and counties

in complying with ORS 466.360 to 466.385.

(3) The Department of Environmental Quality may

appeal to the Land Use Board.of Appeals any final land use

decision or limited land use decision made by a city or

county regarding any proposed use of a disposal site that has

been identified under its comprehensive plan and land use

regulations pursuant to this section.

[1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30]

:..' '';'.,:.

•• 17 ••
PACIFIC .STATES AGREEl\'IENT ON

RADIOACTIVE MATERIALS

TRANSPORTATION l\'1AL'lAGEl\'IENT

.466.450. Pacific States Agreement on

Radioactive Materials Transportation

Management. The Pacific States Agreement on

Radioactive Materials Transportation Management is enacted

into law and entered into by the State of Oregon and entered

into with all other jurisdictions lawfully joining the agreement

in a form as provided for as follows:

ARTICLE I

Policy and Purpose

The party states recognize that protection of the health

and safety of citizens and the environment, and the most

economical transportation of radioactive materials, can be

accomplished through cooperation and coordination among

neighboring states. It is the purpose of this agreement to

establish a.committee comprised of representatives from each

party state to funher cooperation between the states on

emergency response and to coordinate activities by the states

to eliminate unnecessary duplication of rules and regulations

regarding the transportation and handling of radioactive

material.

The party states intend that this agreement facilitate

both interstate commerce and protection of public health and

the environment. To accomplish this goal, the party states

direct the committee to develop model regulatory standards

for party states to act upon and direct the committee to

coordinate decisions by party states relating to the routing

and inspection of shipments of radioactive material.

ARTICLE II

Definitions

As used in this agreement:

(1) "Carrier" includes common, private, and contract

carriers.

(2) "Hazardous material" means a substance or

material which has been determined by the United States

Department of Transportation to be capable of posing an

unreasonable risk to health, safety, and property when

transported in commerce, and which has been so designated.

(3) -~oactive material- has the meaning given that

term in federal Department of Transportation regulations

found in 49 C.F.R. Sec. 173, and includes. but is not limited

to, high-level radioactive waste, low-level radioactive waste,

and spent nuclear fuel, as defined in section 2 of the Nuclear

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

10101).

(4) "Transportaricn" means the transport by any

means of radioactive material destined for or derived from

any location, and any loading. unloading, or storage incident

to such transport. "Transportanon" docs not include

permanent storage or disposal of the material.

ARTICLE ill

Regulatory Practices

(1) The pany stares agree to develop model standards,

not in conflict with federal law or regulations, for carriers of

-radioactivematerialtoprovidejnfOrmarlQn J'~garding~ ____"

(a) The amount and kind of material transported;

(b) The mode of transportation and, to the extent (C.....<,

feasible, the route or routes and the time schedule; - .__ .-J

(c) The carrier's compliance with local, state, and

federal rules and regulations related to radioactive material

transportation;

(d) The carrier's compliance with federal and state

liability insurance requirements.

(2) Consistent with federal law or regulations

pertaining to transportation of radioactive material, the party

states also agree to:

(a) Develop model uniform procedures for issuing

permits to carriers;

(b) Develop model uniform record keeping Pxvccsses

that allow access on demand by each state;

(c) Develop model uniform safety standards for

carriers;

(d) Coordinate routing of shipments of radioactive

materials;

(e) Develop a method for coordinating the party

states' emergency response plans to provide for regional

emergency response including:

(A) Systems for sharing information essential to

radiation control efforts;

(B) Systems for sharing emergency response

personnel; and

(C) A method to allocate costs and clarify liability

when a party state or its officers request or render emergency _.

response; ..!0 . "<:...'~:i#

. (f) Recommend parking requirements for motor --

vehicles transporting radioactive materials;

(g) Coordinate state inspections of carriers; and

(h) Develop other cooperative arrangements and

agreements to enhance safety.

- (3) The party states also agree to coordinate .

emergency response training and preparedness drills among

the party states, Indian tribes, and affected political

subdivisions of the party states, and, if possible, with federal

agencies.

(4) The party states recognize that the transportation

management of hazardous materials is similar in many

respects to that of radioactive materials. The party states,

therefore, agree to confer as to transportation management

and emergency response for those items where similarities in

management exist.

ARTICLE IV

Pacific States ~oactive

Materials Transportation Committee

(1) Each party state shall designare one official of that

state to confer with appropriate legislative committees and

with other officials of that state responsible for managing

transpOrtation of radioactive material and with affected Indian

tribes and be responsible for administration of this agreement.

The officials so designated shall together comprise the PacifiC' ..c:

States Radioactive Materials Transportation Committee. The~. ./

committee shall meet as required to consider and, where .~

_ _~ry, coordinalc maners addressed in this agreement.

··18··
·.-.... -

--._--.-

[1987 c.86 §3]

USE OF PCB

466.505 Definitions for ORS 466.505 to

466.530. As used in ORS 466.505 to 466.530:

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

terphenyl, higher polyphenyl, or mixtures of these

compounds, produced by replacing two or more hydrogen

atoms on the biphenyl, terphenyl, or higher polyphenyl

molecule with chlorine atoms. "PCB" does not include

chlorinated biphenyls, terphenyls, higher polyphenyls, or

mixtures of these compounds, that have functional groups ,

attached other than chlorine unless that functional group on

the chlorinated biphenyls. terphenyls, higher polyphenyls, .or

mixtures thereof of these compounds, is determined to be

dangerous to the public health under ORS 466.525.

(2) "ppm" means parts per million.

(a) The Confederated Tribes of the Umatilla Indian

Reservation have been granted a special Status as an' affected

tribe under the Nuclear Waste Policy Act, Public Law 97-

425; and

(b) A large majority of radioactive material

transported to and from the Hanford Nuclear Reservation in

the State of Washington, passes through the center of the

Umatilla Tribe's reservation.

(2) Therefore, the official designated by the Governor

under ORS 466.455 to represent the State of Oregon on the

Pacific States Radioactive Materials Transportation

Committee shall consult regularly with officials of the

Confederated Tribes of the Umatilla Indian Reservation on

transportation matters and shall consider, to the extent

practicable, the suggestions of the Confederated Tribes of the

Umatilla Indian Reservation related to the development of

model standards and procedures.

[Formerly 468.900]

466.510 Sale of items containing concentrations of PCB prohibited; exceptions.

(1) Except as provided in ORS 466.515, beginning January

I, 1980, a person shall not sell. manufacture for sale, or use

in this state an item, product or material if the item, product

or material contains a concentration of PCB equal to or

greater than 100 ppm.

(2) The commission by rule may prescribe a lower

maximumconcentration of PCB for specific items, products

or materials if it finds the 100 ppm Concentration specified in

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

public health from the toxic dangers of the PCB contained in

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

material for which a lower maximumconcentration of PCB is

prescribed by federal law, rule or regulation shall not be

allowed a concentration of PCB higher than that federal

• maximum.

[Formerly 468.9031

)-

Note: See note under 466.450.

Severability

If any provision of this agreement. or its application

to any person or circumstance. is held to be invalid, all other

provisions of this agreement. and the application of all of its

provisions to all other persons and circumstances, shall

remain valid; and to this end the provisions of this agreement

are severable. '

[1987 c.86 §2]

466.455 Governor to designate member.

The Governor shall designate an official to serve as a

member of the Pacific States Radioactive Materials

Transportation Committee created under Article IV of the

agreement set forth in ORS 466.450.

[1987 c.86 §1]

Note: 466.450 to 466.460 were enacted into law by the LegisJative

Assembly but were not added to or made a part of ORS chapter 466 or any

series therein by legislative action. See Preface to Oregon Revised SraDltU

for further explanation.

The parties shall inform the committee of existing regulations

".erning radioactive materials transportation management

eir states. and shall afford all parties a reasonable

opportunity to review and comment upon any proposed

modifications in such regulations.

(2) The committee may also engage in long-term

planning to assure safe and economical management of

radioactive material transportation on a continuing basis.

(3) To the extent practicable. the committee shall

coordinate its activities with those of other organizations.

ARTICLE V

Eligible Parties and Effective Date

(1) The states of Arizona, California, Colorado,

Idaho, Montana, New Mexico, Nevada, Oregon, Utah,

Washington, and Wyoming are eligible to become a party to

this agreement. As to any eligible partyI this agreement shall

become effective upon enactment into law by that party, but

it shall not become initially effective until enacted into law by

two states. Any party state may withdraw from this

agreement by enacting a statute repealing its approval.

(2) After the agreement has initially taken effect under

subsection (1) of this article, any eligible party state may

become a party to this agreement by, the execution of an

executive order by the governor of the state. Any state which

becomes a party in this manner shall cease to be a party upon

the final adjournment of the next general or regular session of

its legislature or July 1, 1988, whichever occurs first, unless

" ' e(:.greement has by then been enacted as a statute by that

ARTICLE VI

Note: See note wx1er 466.450.

;~! 466.460 Confederated Tribes of the

. Umatilla Indian Reservation to be consulted.

(1) The State of Oregon recognizes:

•• 19··
466.515 Electric transformers or

capacitors exempted. Notwithstanding ORS

466.510:

(1) PCB or an item, product or material containing

PCB may be sold for use or used in this state if it is used in

a closed system as a dielectric fluid for an electric

transformer or capacitor pursuant to rules of the commission

to insure the public health. However, upon adequate

documentation of the availability of reasonable substitutes

which meet performance standards and environmental

acceptability, the commission after public hearing by rule

may modify these exclusions in whole or in part by requiring

the phasing in of the substitute or substitutes.

(2) An' item, product or material containing PCB may

be manufactured for sale, sold for use or used in this state

pursuant to an exemption certificateissued by the department

under ORS 466.520.

mixtures of these compounds that have functional groups

attached other than chlorine if that functional group on the «:

chlorinated biphenyls. terphenyls, higher polyphenyls, or {I

mixtures of these compounds is found to constitute a danger .

to public health.

[Formerly 468.912]

466.530 Prohibited disposal of waste

containing PCB. After October 4. 1977, a person

shall not dispose of solid or liquid waste resulting from the

use of PCB or an item, product or material containing or

which has contained a concentration equal to or greater than

100 ppm of PCB except in conformity with rules of the

commission adopted pursuant to ORS 466.005 to 466.385 and

466.890.

[Formerly 468.921]

466.540 [1987 c.539 §52; 1987 c.735 §1; 1989 e.rn §60;

renumbered 465.200 in 1989]

466.525 Additional PCB compounds may

be prohibited. The commission after hearing by rule 466.585

may include as a PCB and regulate accordingly any

chlorinated biphenyls, terphenyls, higher polyphenyls,.oL ... ~~ __

-' .

[1987 e.ras §l5; renumbered 465.330 in 1989]

[1987 c.ns §14; renumbered 465.325 in 1989J

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

[1987 e.ras §l7; mwmbercd 465.340 in 1989]

[1987 c.735 §l0; renumbered 465.255 in 1989J

[1987 c.n5 §16; renumbered 465.33S in 1989]

[1987 c.73S §l2: renumbered 465.315 in 1989]

[1987 c.735 §8; 1989 c.485 §l0: renumbered 465.245 in

[1987 c.735 §13; renumbered 465.320 in 19891

[1987 c.735 §1l; renumbered 465.260 in 1989]

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

[1987 c.735 §7; 1989 c.485 §9; renumbered 465.220 in

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

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

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

(Q

'[1987 c.735 §6; 1989 c.485 §1; renumbered 465.215 in

466.565

466.567

466.570

466.573

466.575

466.577

466.580

466.583

466.563

1989)

466.560

1989]

466.547

466.550

466.~53

466.555

466.557·

1989]

(2) The department shall grant an exemption for

residual amounts of PCB remaining in electric transformer

cores after the PCB in a transformer is drained and the

transformer is filled with a substitute approved under ORS

466.515.

(3) The depanment may grant an exemption for an

item, product or material manufactured for sale, sold for use,

or used by the person if the item, product or material

contains incidental concentrations of PCB.

(4) In granting a certificate of exemption, the

department shall impose conditions on the exemption in order

that the exemption covers only incidental concentrations of

PCB.

(5) As used in this section, -incidental concentrations

of PCB- means conccmrations of PCB which are beyond the

control of the person and which are not the result of the

person having:

(a) Exposed the item. product or material to

concentrations of PCB.

(b) Failed to take reasonable' measures to rid the item,

product or material of concentrations of PCB.

(c) Failed to use a reasonable substitute for the item,

product or material for which the exemption is sought.

[Formerly 468.909]

[Formerly 468.906]

466.520 Exemption certificates;

applications; conditions. (1) A person may make

written application to the department for an exemption

certificate on forms provided by the department. The

department may require additional information or materials to

accompany the application as it considers necessary for an

accurate evaluation of the application.

··20··
466.587 [1987 c.735 §18: 1989 cA85 §11: renumbered 465.375 in

• 9]

466.590 [1987 c.735 §19: 1989 c.833 §§1l3,169: 1989 c.966 §53;

renumbered 465.380 in 1989)

SPILL RESPONSE AND CLEANUP

OF HAZARDOUS MATERIALS

466.605 Definitions for ORS 466.605 to

466.680.· As used in ORS 466.605 to 466.680 and

466.880 (3) and (4):

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

Fahrenheit.

(2) "Cleanup" means the containment, collection,

removal, treatment or disposal of oil or hazardous material;

site restoration; and any investigations, monitoring, surveys,

testing and other information gathering required or conducted

by the department.

(3) "Cleanup costs" means all costs associated with

the cleanup of a spill or release incurred by the state, its

political subdivision or any person with written approval from

the department when implementing ORS 466.205, 466.605 to

466.680, 466.880 (3) and (4) and 466.995 (2) or 468B.320.

(4) "Commission" means the Environmental Quality

Commission.

• (5) "Department" means the Department of

, .. " Environmental Quality.

(6) "Director" means the Director of the Department

of Environmental Quality.

(7) "Hazardous material" means one of the following:

(a) A material designated by the commission under

ORS 466.630.

(b) Hazardous waste as defined in ORS 466.005.

(c) Radioactive waste as defined in ORS 469.300,

radioactive material identified by the Energy Facility Siting

Council under ORS 469.605 and radioactive substances as

defined in ORS 453.005.

(d) Communicable disease agents as regulated by the

Health Division under ORS chapter 431 and ORS 431.175,

433.010 to 433.045 and 433.106 to 433.990.

(e) Hazardous substances designated by the United

States Environmental Protection Agency under section 311 of

the Federal Water Pollution Control Act, P.L. 92-500, as

amended.

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

oil, diesel oil, lubricating oil, sludge, oil refuse and any other

petroleum related product.

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

stock company, corporation, partnership, association,

municipal corporation, political subdivision, interstate body,

the state and any agency or commission thereof and the

•

Federal Government and any agency thereof.

\. , , (10) "Reponable quantity" means one of the .~ following:

--- .._---

(a) A quantity designated by the commission under

ORS 466.625 .

(b) The lesser of:

(A) The quantity designated for hazardous substances

by the United States Environmental Protection Agency

pursuant to section 311 of the Federal Water Pollution

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

(B) The quantity designated for hazardous waste under

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

(C) Any quantity of radioactive material, radioactive

substance or radioactive waste;

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

waters of the state is likely, any quantity of oil that would

produce a visible oily slick, oily solids, or coat aquatic life,

habitat or property with oil, but excluding normal discharges

from properly operating marine engines; or

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

barrel.

(c) Ten pounds unless otherwise designated by the

commission under ORS 466.625.

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

(a) Actions taken to monitor, assess and evaluate a

spill or release or threatened spill or release of oil or

hazardous material;

(b) First aid, rescue or medical services, and fire

suppression; or '

(c) Containment or other actions appropriate to

prevent, minimize or mitigate damage to the public health,

safety, welfare or the environment which may result from a

spill or release or threatened spill or release if action is not

taken.

(12) "Spill or release" means the discharge, deposit.

injection, dumping. spilling, emitting, releasing, leaking or

placing of any oil or hazardous material into the air or into or

on any land or waters of the state. as defined in ORS

468B.005. except as authorized by a permit issued under

ORS chapter 454, 459, 459A, 468, 468A, 468B or 469. ORS

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

federal law or while being stored or used for its intended

purpose.

(13) "Threatened spill or release" means oil or

hazardous material is likely to escape or be carried into the

air or into or on any land or waters of the state.

[1985 c.733 §1; 1987 c.735 §26; 1989 c.6 §14; 1993 c.422

, §28]

466.610 Department authority relating ,to

cleanup of oil or hazardous material. Subject

to policy direction by the commission, the department may:

(1) Conduct and prepare independently or in

cooperation with others, studies, investigations, research and

programs penaining to the containment, collection, removal

or cleanup of oil and hazardous material.

, (2) Advise, consult. participate and cooperate with

other agencies of the state, political subdivisions, other states

or the Federal Government, in respect to any proceedings and

all matters pertaining to responses, remedial actions or

··21 ••
[l985 c.733 §8]

466.635 Report of spill or release of

reportable quantity of hazardous material.

Any person owning or having control over any oil or

hazardous material who has knowledge of a spill or release

shall immediately notify the Office of Emergency

Management of the Department of State Police as soon as

that person knows the spill or release is a reportable quantity.

[1985 c.733 §6]

hazardous material, regardless of the medium into which the

oil or hazardous material is spilled or released. ". / ........

(2) Establishing procedures for the issuance, I C·-,

modification and termination of permits, orders, collection of '.

recoverable costs and filing of notifications.

(3) Any other provision consistent with the provisions

of ORS 401.025, 466.605 to 466.680, 466.880 (3) and (4),

466.995 (2) and 468.070 that the commission considers

necessary to carry out ORS 401.025, 466.605 to 466.680,

466.880 (3) and (4), 466.995 (2) and 468.070.

[1985 c.733 §5; 1993 c,422 §31]

466.630 Commission designation of

substance as hazardous material. (l) By rule,

the commission may designate as a hazardous material any

element, compound, mixture, solution or substance which

when spilled or released into the air or into or on any land or

waters of the state may present a substantial danger to the

public health, safety, welfare or the environment.

(2) Before designating a substance as hazardous

material, the commission must find that the hazardous

material; because of its quantity, concentration or physical or

chemical characteristics may pose a present or future hazard

to human health, safety, welfare or the environment when

spilled or released..

[1985 c.733 §7]

466.640 Strict liability for spill or release;

exceptions. Any person owning or having control

over any oil or hazardous material spilled or released or

threatening to spill or release shall be strictly liable without

regard to fault for the spill or release or threatened spill or

release. However, in any action to recover damages, the

person shall be relieved from strict liability without regard to

fault if the person can prove that the spill or release of oil or

.hazardous material was caused by:

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

(2) Negligence on the part of the United States

Government or the State of Oregon.

(3) An act or omission of a third party without regard

to whether my such act or omission was or was not

negligent.

(1985 c.733 §2; 1993 c,422 §29]

466.615 Limit on commission and

department authority over radioactive

substances. Nothing in ORS 466.605 to 466.680,

466.880 (3) and (4) and 466.995 (2) is intended to grant the

Environmental Quality Commission or the Department of

Environmental Quality authority over any radioactive

substance regulated by the Health Division under ORS

chapter 453, or any radioactive material or waste regulated

by the Department of Energy or Energy Facility Siting

Council under ORS chapter 469.

[1985 c.733 §4; 1989 c.833 §92]

466.625 Rulemaklng, In accordance with

applicable provisions of ORS 183.310 to 183.550, the

commission may adopt rules including but not limited to:

(1) Provisions to establish that quantity of oil or

hazardous material spilled or released which shall be reponed

under ORS 466.635. The commission may determine that one

single quantity shall be the reportable quantity for any oil or

[1985 c.733 §3; 1993 c,422 §30]

466.620 Emergency response plan. In

accordance with the applicable provisions of ORS 183.310 to

183.550, the Environmental Quality Commission shall adopt

an oil and hazardous material emergency response master

plan consistent with the plan adopted by the Interagency

Hazard Communications Council pursuant to the provisions

of ORS 453.317 (1) to (6), 453.510, 453.825 and 453.835,

and after consultation with the Interagency Hazard

Communications Council, the Oregon State Police, the

Oregon Fire Chiefs Association and any other appropriate

agency or organization. .

cleanup of oil and hazardous material and financing of

cleanup costs, including radioactive waste, materials and

substances otherwise subject to ORS chapters 453 and 469.

(3) Employ personnel, including specialists,

consultants and hearing officers, purchase materials and

supplies and enter into contracts with public and private

parties necessary to carry out the provisions of ORS 466.605

to 466.680, 466.880 (3) and (4) and 466.995 (2).

(4) Conduct and supervise educational programs about

oil and hazardous material, including the preparation and

distribution of information regarding the containment,

collection, removal or cleanup of oil and hazardous material.

(5) Provide advisory technical consultation and

services to units of local government and to state agencies.

(6) Develop and conduct demonstration programs in

cooperation with units of local government. .

(7) Perform all other acts necessary to carry out the

duties, powers and responsibilities of the department under

ORS 466.605 to 466.680, 466.880 (3) and (4) and 466.995

(2). .

··22··
[1985 c.733 §9; 1987 c.158 §89; 1991 c.650 §5]

466.670 Oil and Hazardous Material

Emergency Response and Remedial Action

Fund. (1) The Oil and Hazardous Material Emergency

Response and Remedial Action Fund is established separate

•

distinct from the General Fund in the State Treasury.

erest earned on the fund shall be credited to the fund.

"'-Moneys received by the Department of Environmental

Quality for the purpose of oil or hazardous material

466.645 Cleanup; failure to complete

amup. (1) Any person liable for a spill or release

~eatened spill or release under ORS 466.640 shall

immediately clean up the spill or release under the direction

of the department. Any person liable for a spill or release. or

a threatened spill or release shall immediately initiate

cleanup, whether or not the department has directed the

cleanup. The department may require the responsible person

to undertake such investigations, monitoring, surveys, testing

and other information gathering as the department considers

necessary or appropriate to:

(a) Identify the existence and extent of the spill or

release;

(b) Identify the sOUJCe and nature of oil or hazardous

material involved; and

(c) Evaluate the extent of danger to the public health,

safety, welfare or the environment.

(2) If any person liable under ORS 466.640 does not

immediately commence and promptly and adequately

complete the cleanup, the department may clean up, or

contract for the cleanup of the spill or release or the

threatened spill or release.

(3)'lWhenever the department is authorized to act

under subsection (2) of this section, the department' directly

or by contract may undertake such investigations, monitoring,

surveys, testing and other information gathering as it may

deem appropriate to identify the existence and extent of the

•

'11 or release, the source and nature of oil or hazardous

erial involved and the extent of danger to the public

'.. uealth, safety, welfare or the environment. In addition,· the

department directly or by contract may undertake such

planning, fiscal, economic, engineering and other studies and

investigations it may deem appropriate to' plan and direct

clean up actions, to recover the costs thereof and legal costs

and to enforce the provisions of ORS 466.605 to 466.680.

466.650

466.653

466.655

466.660

§l75]

466.665

§l75]

[198S c.733 no, repealed by 1987 c.73S §27]

[1987 c.S39 §42; repealed by 1989 c.833 §l75]

[198S c.733 fll; repealed by 1987 c.73S 127]

[198S c.733 §l2; 1987 e.isa 190; repealed by 1989 c.833

[1985 c.733 §l3; 1987 c.lS8 191; repealed by 1989 c.833

emergency response or remedial action shall be paid into the

State Treasury and credited to the fund,

(2) The State Treasurer shall invest and reinvest

moneys in the Oil and Hazardous Material Emergency

Response and Remedial Action Fund in the manner provided

by law.

(3) The moneys in the Oil and Hazardous Material

Emergency Response and Remedial Action Fund are

appropriated continuously to the Department of

Environmental Quality to be used in the manner described in

ORS 466.675.

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

466.675 Use of moneys in Oil and

Hazardous Material Emergency Response and

Remedial Action Fund. Moneys in the Oil and

Hazardous Material Emergency Response and Remedial

Action Fund may be used by the Department of

Environmental Quality for the following purposes:

(1) Funding actions and activities authorized by ORS

466.645, 466.205, 468B.320 and 468B.330.

(2) Providing for the general administration of ORS

466.605 to 466.680 including the payment of personnel costs

of the department or any other state agency related to the

enforcement of ORS 466.605 to 466.680.

[1985 c.733 §15; 1987 c.158 §92; 1989 c.833 §94]

466.680 Responsibility for expenses of

cleanup; record; damages; order; appeal. .;:(1)

If a person required to clean up oil or hazardous material '::.'

under ORS 466.645 fails or refuses to do so, the person shall

be responsible for the reasonable expenses incurred by the

department in carrying out ORS 466.645.

(2) The department shall keep a record of all expenses

incurred in carrying out any cleanup projects or activities

authorized under ORS 466.645. including charges for

services performed and the state's equipment and materials

utilized.

(3) Any person who does not make a good faith effort

to clean up oil or hazardous material when obligated to do so

under ORS 466.645 shall be liable to the department for

damages not to exceed three times the amount of all expenses

incurred by the department.

(4) Based on the record compiled by the department

under subsection (2) of this section, the commission shall

make a finding and enter an order against the person

described in subsection (1) or (3) of this section for the

amount of damages, not to exceed treble damages, and the

expenses incurred by the state in carrying out the action

authorized by this section. The order may be appealed in the

manner provided for appeal of a contested case order under

ORS 183.310 to 183.550.

(S) If the amount of state incurred expenses and

damages under this section are not paid by the responsible

person to the departmem within 15 days after receipt of

notice that such expenses are due and owing, or, if an appeal

··23··
,-.(\,

[1991 c.863 §12 (enacted in lieu of 466.705)] ~~/

(10) "Investigation" means monitoring. surveying.

testing or other information gathering. " "~

(11) "Local unit of government" means a city. counry.] C

special service district, metropolitan service district created ""

under ORS chapter 268 or a political subdivision of the state.

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

oil, lubricating oil, sludge," oil refuse and any other petroleum

related product or fraction thereof that is liquid at a

temperature of 60 degrees Fahrenheit and a pressure of 14.7

pounds per square inch absolute.

(13) "Owner" means the owner of an underground

storage tank.

(14) "Permittee" meansthe owner or a person

designated by the owner who is in control of or has

responsibility for the daily operation or maintenance of an

underground storage tank under a permit issued pursuant to

ORS 466.760. "

(15) "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 or the Federal Government or any agency

of the Federal Government.

(16) "Regulated substance" means:

(a) Any substance listed by the United States

Environmental Protection Agency in 40 CFR Table 302.4

pursuant to the Comprehensive Environmental Response,

Compensation and Liability Act of 1980 as amended (P.L.

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

regulated as a hazardous waste under 40 CFR Pan 261 and

OAR 340 Division 101;

(b) Oil; or

(c) Any other substance designated by the commission

under ORS 466.630.

(17) "Release" means the discharge, deposit, injection,

" dumping, spilling, emitting, leaking or placing of a regulated

substance from an underground storage tank into the air or

into or on land or the waters of the state, other than as

authorized by a permit issued under state or federal law.

(18) "Stage I vapor collection system" means a system

where gasoline vapors are forced from a tank into a vaportight holding system or vapor control system through direct

displacement by the gasoline' being loaded.

(19) 'Stage n vapor collection system" means a

system where at least 90 percent, by weight, of the gasoline

vapors that are displaced or drawn from a vehicle fuel tank

during refueling are transferred to a vapor-tight holding

system or vapor control system.

(20) "Underground storage tank" means anyone or

combination of tanks and underground pipes"connected to the

tank, used to contain an accumulation of a regulated

substance, and the volume of which, including the volume of

the underground pipes connected to the tank, is 10 percent or

more beneath the surface of the ground.

(21) 'Waters of the state" has the meaning given that

term in ORS 468B.OO5.

[1985 c.733 §20: repealed by 1987 c.735 §27]

[1985 c.733 §19: repealed by 1987 c.735 §27]

is filed within 15 days after the court renders its decision if

the decision affirms the order. the Attorney General. at the

request of the director. shall bring an action in the name of

the State of Oregon in a court of competent jurisdiction to

recover the amount specified in the notice of the director.

466.705 [1987 c.539 §2 (enacted in lieu of 468.901); 1989 c.926

§41: 1989 c.• 071 §§20.25; repealed by" 1991 c.863 §ll (466.706 enacted in

lieu of 466.705)]

466.690

UNDERGROUNDSTORAGETANKS

466.706 Deflnitions for ORS 466.706 to

466.845 and 466.895. As used in ORS 466.706 to

466.845 and 466.895:

(1) "Commercial lending institution" means any bank,

mortgage.banking company, trust company, stock savings

bank, savmgs and loan association, credit union, national

banking association, federal savings and loan association,

cooperative financial institution regulated by an agency of the

Federal Government or this state or federal credit union

maintaining an office in this state.

(2) "Commission" means the Environmental Quality

Commission.

(3) "Corrective action" means remedial action taken to

protect the present or future public health, safety, welfare or

the environment from a release of a regulated substance.

"Corrective action" includes but is not limited to:

(a) The prevention, elimination, removal, abatement,

control, minimization, investigation, assessment, evaluation

or monitoring of a hazard or potential hazard or threat,

including migration of a regulated substance; or

(b) Transportation, storage, treatment or disposal of a

regulated substance or contaminated material from a site.

(4) "Decommission" means to remove from operation

an underground storage tank, including temporary or

permanent removal from operation, abandonment in place or

removal from the ground.

(5) "Department" means the Department of

Environmental Quality.

(6) "Facility" means anyone or combination of

underground storage tanks and underground pipes connected

to the tanks, used to contain an accumulation of motor fuel

including gasoline or diesel oil, that are located at one '

contiguous geographical site.

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

(8) "Guarantor" means any person other than the

permittee who by guaranty, insurance, letter of credit or

other acceptable device, provides financial responsibility for

an underground storage tank as required under ORS 466.815.

(9) "Healing oil tank" has' the meaning given that term

in ORS 469.228. .

[1985 c.733 §16]

466.685

···24··
466.710 Application of ORS 466.706 to

• .845 and 466.895. ORS 466.706 to 466.845

. 466.895 shall not apply to a: ,

, (1) Farm or residential tank of 1,100 gallons or less

capacity used for storing motor fuel for noncommercial

purposes.

(2) Tank. used for storing heating oil for consumptive '

use on the premises where stored.

(3) Septic tank.

(4) Pipeline facility including gathering lines

regulated:

(a) Under the Natural Gas Pipeline Safety Act of 1968

(49 U.S.C. 1671);

(b) Under the Hazardous Liquid Pipeline Safety Act of

1979 (49 U.S.C. 2001); or

(c) As an intrastate pipeline facility under state laws

comparable to the provisions of law referred to in paragraph

(a) or (b) of this subsection.

(5) Surface impoundment, pit, pond or lagoon.

(6) Storm water or waste water collection system.

(7) Flow-through process tank.

(8) Liquid trap or associated gathering lines directly

related to oil or gas production and gathering operations.

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

storage tank is situated upon or above the surface of a floor.

As used in this subsection, "underground area-includes but _ ot limited to a basement,cellar, mine, drift, shaft or

rulel.

" ...' (10) Pipe connected to any tank described in

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

[Formerly 468.911; 1987 c.539 §18]

466.715 Legislative rmdings. (1) The

Legislative Assembly finds that:

(a) Regulated substances hazardous to the public

health, safety, welfare and the environment are stored in

underground tanks in this state; and

(b) Underground tanks used for the storage of

regulated substances are potential sources of contamination of

the environment and may pose dangers to the public health,

safety, welfare and the environment.

(2) Therefore, the Legislative Assembly declares:

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

public health, safety, welfare and the environment from the

potential harmful effects of underground tanks used to store

regulated substances.

(b) It is the purpose of ORS 466.706 to 466.845 and

466.895 to enable the Environmental Quality Commission to

adopt a statewide program for the prevention and reporting of

releases and for taking corrective action to protect the public

and the environment from releases from underground storage

"Cc.539 §4 (enacted in lieu of 468.902); [989 c. [071

:""§§21,26] ,

(Administration)

466.720 Statewide underground storage

tank program; federal authorization. (1) The

Environmental Quality Commission shall adopt a state-wide

underground storage tank program. Except as otherwise

provided in ORS 466.706 to 466.845 and 466.895, the

statewide program shall establish uniform procedures and

standards to protect the public health, safety, welfare and the

environment from the consequences of a release from an

underground storage tank.

(2) The commission and the department are authorized

to perform or cause to be performed any act necessary to

gain interim and final authorization of a state program for the

regulation of underground storage tanks under the provisions

of Section 9004 of the Federal Resource Conservation and

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

Section 205 of the federal Solid Waste Disposal Act, P.L.

96-482 as amended and federal regulations and interpretive

and guidance documents issued pursuant to P.L. 94-580 as

amended, P.L. 98-616 and P.L. 96-482. The commission

may adopt, amend or repeal any rule necessary to implement

ORS 466.706 to 466.845 and 466.895. .

[Subsection (1) enacted as 1987 c.539 §6; subsection (2)

formerly 468.913]

466.725 Limitation on local government

regulation. (1) Except as provided in ORS 466.730,

a local unit of government may not enact or enforce any

ordinance, rule or regulation relating to the matters ',_

encompassed by the state program established under ORS .

466.720.

(2) Any ordinance, rule or regulation enacted by a

local unit of government of this state that encompasses the

same matters as the state program shall be unenforceable,

except for an ordinance, rule or regulation:

(a) That requires an owner or permittee to report a

release to the local unit of government; or

(b) Adopted by a local unit of government operating

an underground storage tank program pursuant to a contract

entered into according to the provisions of ORS 466.730.

[1987 c.S39 §8 (enacted in lieu of 468.904)]

Note: Section 2. chapter 651, Oregon Laws 1993. provides:

Sec. 2. On or before January I, 1994. the Dcpanmem of

Environmental Quality shall develop and submit to cities and

counties model ordinances compatible with state regulations that arc

designed to insure proper smrage and treatment of petroleum

contaminated soils. The model ordinances shall include a range of

regulatory mcdIod.s and levels of rcgu1arion and shall address:

(1) Location of soil pile and treatJ1Iem area;

(2) Quantity of soil to be IrCated;

(3) Protection of DOncontam;Nr.ed soils. ground water or surface

water;

(4) Comrol of swfau water IUDOff from or surface water NIming

iJuo the treatmenl area;

(5) Appropriam site security to prcvcm unauthorized siD: emry; and

(6) Approprian: time frame for treatmeIll of concuninated soils.

[1993 c.6S1 §2)

•• 2S ••
466.727 Prohibition on local government

tax, fee or surcharge. (1) A local unit of

government may not impose any tax, fee or surcharge on soil

generated as a result of remedial action or replacement of

leaking underground storage tanks if financial assistance from

the Underground Storage Tank Compliance and Corrective

Action Fund has been provided for the remedial action or

tank replacement.

(2) Nothing in this section shall be construed to

prevent a local unit of government that owns, leases or

operates a site for the disposal, transfer, recovery or

treatment of solid waste from charging a fee for disposal or

treatment of soil at such site.

[1993 c.661 §4]

. 466.730 Delegation of program

administration to state agency or local

government by agreement. (1) The commission

may authorize the department to enter into a contract or

agreement with an agency of this state or a local unit of

government to administer all or pan of the underground

storage tank program. .

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

government that seeks to administer an underground storage

tank program under this section shall submit to the

department a description of the program the agency or local

unit of government proposes to administer in lieu of all or

part of the state program. The program description shall

include at least the following:

(a) A description in narrative form of the scope,

structure, coverage and procedures of the proposed program.

(b) A description. including organization charts. of the

organization and structure of the contracting state agency or '

local unit of government that will have responsibility for

administering the program. including:

(A) The number of employees. occupation and general

duties of each employee who will carry out the activities of

the contract.

(B) An itemized estimate of the cost of establishing

and administering the program. including the cost of

personnel listed in subparagraph (A) of this paragraph and

administrative and technical suppon.

(C) An itemization of the source and amount of

funding available to the comracting state agency or local unit

of government to meet the costs listed in subparagraph (B) of

this paragraph. including any restrictions or limitations upon

this funding.

(0) A description of applicable procedures. including

permit procedures.

(E) Copies of the permit form. application form and

reponing form the state agency or local unit of government

intends to use in the program.

(F) A complete description of the methods to be used

to assure compliance and for enforcement of the program.

(G) A description of the procedures to be used to

coordinate information with the department. including the

frequency of reponing and report content.

(H) A description of the procedures the state agency

or local unit of government will use to comply with trade.

secret laws under ORS 466.800.

(3) Any program approved by the department under

this section shall at all times be conducted in accordance with

the requirements of ORS 466.706 to 466.845 and 466.895.

(4) An agency or local unit of government shall

exercise the functions relating to underground storage tanks

authorized under a contract or agreement entered intO under

. this section according to the authority vested in the

commission and the department under ORS 466.706 to

466.845 and 466.895 insofar as such authority is applicable

to the performance under the contract or agreement. The

agency or local unit of government shall carry out these

functions in the manner provided for the commission and the

department to carry out the same functions.

[1987 c.539 §9]

466.735 Cooperation with Department of

Consumer and Business Services and State Fire

Marshal. . Nothing in ORS 466.706 to 466.845 and

466.895 is intended to interfere with. limit or abridge the

authority of the Department of Consumer and Business

Services or the State Fire Marshal. or any other state agency

or local unit of government relating to combustion and

explosion hazards. hazard communications or land use. The

complementary relationship between the protection of the

public safety from combustion and explosion hazards, and

protection of the public health, safety, welfare and the

environment from releases of regulated substances from

underground storage tanks is recognized. Therefore, the

department shall work cooperatively with the Department of

Consumer and Business Services, the State Fire Marshal and

local units of government in developing the rules and

procedures necessary to carry out the provisions of ORS

466.706 to 466.845 and 466.895.

[1987 c.539 §10]

466.740 Noncomplying installation

prohibited. No person shall install an underground

storage tank for the purpose of storing regulated substances

unless the tank complies with the standards adopted under

ORS 466.746 and Mrf other rule adopted under ORS 466.706

to 466.84S and 466.89S.

. [1987 c.539 §ll]

466.745 [1987 ""39 §13 (enacted in lieu of 468.9(8); 1989

c.l071 U22. zt. 43a. 43b. 29a; repealed by 1991 c.863 §l3 (466.746

ena=d in lieu of 466.745»)

466.746 Commission roles; considerations.

(1) The commission may establish by rule: ((-'.,

(a) Performance standards, consistent with standards ("

adopted by the Federal Govemmenr, for leak detection '~/ systems. inventOry ccnrrol, tank testing or comparable

··26··
systems or programs designed to detect or identify releases in

enner consistent with the protection of public health,

. , welfare or the environment;

(b) Requirements for maintaining records and

submining information to the depanment in conjunction with

a leak detection or identification system or program used for

each underground storage tank;

(c) Performance standards for underground storage

tanks including but not limited to design, retrofitting,

construction, installation, release detection and material

compatibility;

(d) Requirements for the temporary or permanent

decommissioning of an underground storage tank;

(e) Requirements for reporting a release from an

underground storage tank;

(f) Requirements for a permit issued under ORS

466.760;

(g) Procedures that distributors of regulated substances

and sellers of underground storage tanks must follow to

satisfy the requirements of ORS 466.760;

(h) Acceptable methods by which an owner or

permittee may demonstrate financial responsibility for

responding to the liability imposed under ORS 466.815;

(i) Procedures for the disbursement of moneys

collected under ORS 466.795;

(j) Requirements for reporting corrective action taken

~onse to a release;

., (k) Requirements for taking corrective action in

-,..Aesponse to a release;

(L) Requirements for soil assessment and tank

tightness tests which shall not be more stringent soil

assessment and tank tightness testing requirements than

required by the Federal Government;

(m) Provisions necessary to carry out the underground

storage tank loan guarantee program authorized by section 4,

chapter 1071, Oregon Laws 1989; and

(n) Any other rule necessary to carry out the

provisions of ORS 466.706 to 466.845 and 466.895.

(2) So long as requirements are administered

uniformly within each area or region of the state, the

commission may adopt different requirements for different

areas or regions of the state if the commission finds either of

the following:

(a) More stringent rules or standards are necessary:

(A) T9 protect specific waters of the state, a sole

source or sensitive aquifer or any other sensitive

environmental amenity; or

(B) Because conditions peculiar to that area or region

require different standards to protect public health, safety,

welfare or the environment.

(b) Less stringent rules or standards are:

(A) Warranted by physical conditions or economic

hardship;

! • (B) Consistent with the protection of the public health,

'_ . ty, welfare or the environment; and .

'.."",' (C) Not less stringent than minimum federal

requirements.

(3) The rules adopted by the commission under

subsection (1) of this section may distinguish between types.

classes and ages of underground storage tanks. In making

such distinctions, the commission may consider the following

factors:

(a) Location of the tanks;

(b) Soil and climate conditions;

(c) Uses of the tanks;

(d) History of maintenance;

(e) Age of the tanks;

(f) Current industry recommended practices;

(g) National consensus codes;

(h) Hydrogeology;

(i) Water table;

(j) Size of the tanks;

(k) Quantity of regulated substances periodically

deposited in or dispensed from the tank; .

(L) The technical ability of the owner or permittee;

and

(m) The compatibility of the regulated substance and

the materials of which the tank is fabricated.

(4) In adopting rules under subsection (1) of this

section, the commission shall consider all relevant federal

standards and regulations on underground storage tanks. If

the commission adopts any standard or rule that is different

than a federal standard or regulation on the same subject, the

report submitted to the commission by the department at the

time the commission adopts the standard or rule shall indicate

clearly the deviation from the federal standard or regulation

and the reasons for the deviation.

[1991 c.863 §14 (enacted in lieu of 466.745)]

(Licenses; Permits)

466.750 License procedure for persons servicing underground tanks. (1) In order to

safeguard the public health, safety and welfare, to protect the

stale's natural and biological systems, to protect the public

from unlawful underground tank installation and retrofit

procedures, to assure the highest degree of leak prevention

from underground storage tanks and to insure the appropriate

cleanup of oil spills and releases, the commission may adopt

a program to regulate persons providing underground storage

tank installation and removal, retrofit, testing, inspection and

remedial action services.

(2) As part of the program established under

subsection (1) of this section, the commission also may

regulate persons who provide remedial action on healing oil

tanks covered under ORS 469.228 to 469.298 and 469.991".

As used in this section, •remedial action" has the meaning

given thar.term in ORS 469.228.

(3) The program established under subsection (1) of

this section may include a procedure to license persons who

demonstrate, to the satisfaction of the department, the ability

to service underground storage tanks and hearing oil tanks.

This demonstration of ability may consist of written or field

.* 27 .*
examinations. The commission may establish different types

of licenses for different types of demonstrations, including

but not limited to:

(a) Installation, removal, retrofit and inspection of

underground storage tanks;

(b) Tank integrity testing;

(c) Installation of leak detection systems;

(d) Cleanup of soil contamination resulting from spills

or releases of oil from underground storage tanks; and

(e) Cleanup of soil contamination resulting from the

release of heating oil from heating oil tanks under ORS

469.228 to 469.298 and 469.991.

(4) The program adopted under subsection (1) of this

section may allow the department after opportunity for

hearing under the provisions of ORS 183.310 to 183.550, to

revoke a license of any person offering underground storage

tank or heating oil tank services who commits fraud or deceit

in obtaining a license or who demonstrates negligence or

incompetence in performing underground tank services.

(5) The program adopted under subsection (1) of this

section shall:

(a) Provide that no person may offer to perform or

perform services for which a license is required under the

program without such license.

(b) Establish a schedule of fees for licensing under the

program. The fees shall be in an amount sufficient to cover

the costs of the department in administering the program.

(6) The following persons shall apply for an

underground storage tank permit from the department:

(a) An owner of an underground storage tank

currently in operation;

(b) An owner of an underground storage tank taken

out of operation between January I, 1974, and the operative

date of this section; and

(c) An owner of an underground storage tank that was

taken out of operation before January I, 1974, but that still

contains a regulated substance.

[1987 c.539 §§14, 15; 1989 c.926 §42)

466.760 When permit required; who

required to sign application. (1) No person shall

install. bring into operation. operate or decommission an

underground storage tank without first obtaining a permit

from the department.

(2) No person shall deposit a regulated substance into

an underground storage tank unless the tank is operating

under a permit issued by the department.

(3) Any person who assumes ownership of an

underground storage tank from a previous permittee must

complete and return to the department an application for a

new permit before the person begins operation of the

underground storage tank under the new ownership.

(4) Any person who deposits a regulated substance

into an underground storage tank or sells an underground

storage tank shall notify the owner or operator of the tank of

the permit requirements of this section.

(5) The following persons must sign an application for

a permit submitted to the department under this section or /',

ORS 466.750 (6): {0

(a) The owner of an underground storage tank storing ~J a regulated substance;

(b) The owner of the real property in which an

underground storage tank is located; and

(c) The proposed permittee, if a person other than the

owner of the' underground storage tank or the owner of the

real property.

[1987 c.539 §16; 1989 c.926 §43; 1989 c.l071 §§23,28]

466.765 Duty of owner or permittee of

underground storage tank. In addition to any

other duty imposed by law and pursuant to rules adopted

under ORS 466.706 to 466.845 and 466.895, the owner or

the permittee of an underground storage tank shall:

(1) Prevent releases; .

(2) Install, operate and maintain underground storage

tanks and leak detection devices and develop and maintain

records in connection therewith in accordance with standards

adopted and permits issued under ORS 466.706 to 466.845

and 466.895;

(3) Furnish information to the department relating to

underground storage tanks, including information about tank

equipment and regulated substances storedin the tanks;

(4) Promptly report releases; .

(5) Conduct monitoring and testing as required by .('0

rules adopted under ORS 466.746 and permits issued under ":<;,;/

ORS 466.760; ..

(6) Permit department employees or a duly authorized

and identified representative of the department at all

reasonable times to have access to and to copy all records

relating to underground storage tanks;

(7) Pay all costs of investigating, preventing, reporting

and stopping a release;

(8) Decommission tanks, as required by rules adopted

under ORS 466.746 and permits issued under ORS 466.760; .

(9) Pay all fees;

(10) Conduct any corrective action required under

ORS 466.810; and .

(11) Perform any other requirement adopted under

ORS 465.200,466.706 to 466.845,466.895 and 478.308.

[1987 c.539 §20 (enacted in lieu of 468.905)]

466.770 Corrective action required on

contaminated site. (1) If any owner or permittee of

a contaminated site fails without sufficient cause to conduct

corrective action under ORS 466.765, the department may

undertake any investigation or corrective action with respect

to the contaminariou on the site.

(2) The department shall keep a record of all expenses

incurred in carrying out any corrective action authorized

under subsection (1) of this section. including charges for {-~\

services performed and the state's equipment and materials ,~../

utilized. .

··28 ••
(3) Any owner or permittee of a contaminated site

_ ails without sufficient cause to conduct corrective action

uired by an order of the department under ORS

466.810 shall be liable to the department for damages not to

exceed three times the amount of all expenses incurred by the

department in carrying out the necessary corrective action.

(4) Based on the record compiled by the department

under subsection (2) of this section, the commission shall

make a finding and enter an order against the person

described in subsection (1) or (3) of this section for the

amount of damages, not to exceed treble damages, and the

expenses incurred by the state in carrying out the actions

authorized by this section. The order may be appealed in the

manner provided for appeal of a contested case order under

ORS 183.310 to 183.550.

(5) If the amount of corrective action costs incurred

by the department and damages under this section are not

paid by the responsible person to the department within 15

days after receipt of notice that such expenses are due and

owing, or, if an appeal is filed within 15 days after the court

renders its decision if the decision affirms the order, the

Attorney General, at the request of the director, shall bring

an action in the name of the State of Oregon in a court of

competent jurisdiction to recover the amount specified in the

notice of the director.

(6) Subsection (5) of this section shall not apply if the

department and the responsible person are negotiating or have

'/ .ed into a settlement agreement, except that if the

., bnsible person fails to pay the corrective action costs as

.~"'-. provided in the negotiated settlement the director may request

the Attorney General to take action as set forth in subsection

(5) of this section.

(7) All moneys received by the department under this

section shall be paid into the fund established in ORS

466.791.

(8) As used in this section:

(a) "Contamination" means any abandoning, spilling,

releasing, leaking, disposing, discharging, depositing,

emitting, pumping, pouring, emptying, injecting, escaping,

leaching, placing or dumping of a regulated substance from

an underground storage tank into the air or on any lands or

waters of the state, so that such regulated substance may

enter the environment, be emitted into the air or disch.arged

into any waters. Such contamination authorized by and in

compliance with a permit issued under ORS chapter 454,

459, 468, 468A, 468B, 469, ORS 466.005 to 466.385 or

federal law shall not be considered as contamination under

ORS 465.200,466.706 to 466.845,466.895 and 478.308.

(b) "Site" means any area or land.

[1987 c.539 §24; 1993 c.560 §106]

466.775 Grounds for refusal, modification, ~ension or revocation of permit, (1) The

./ Ai'rtment may refuse to issue, modify, suspend, revoke or

i.~:~ to renew a permit if the department finds:

-- (a) A material misrepresentation or false statement in

the application for the permit:

(b) Failure to comply with the conditions of the

permit; or

(c) Violation of any applicable provision of ORS

466.706 to 466.845 and 466.895, any applicable rule or

standard adopted under ORS 466.706 to 466.845 and 466.895

or an order issued under ORS 466.706 to 466.845 and

466.895.

(2) The department may modify a permit issued under

ORS 466.760 if the department finds, after notice and

opportunity for hearing, that modification is necessary to

protect the public health, safety, welfare or the environment.

(3) The department shall modify, suspend, revoke or

refuse to issue or renew a permit according to the provisions

of ORS 183.310 to 183.550 for a contested case proceeding.

[1987 c.539 §21]

466.780 Variance upon petition. (1)

Upon petition by the owner and the permittee of an

underground storage tank, the commission may grant a

variance from the requirements of any rule or standard

adopted under ORS 466.746 if the commission finds:

(a) The alternative proposed by the petitioner provides

protection to the public health, safety, welfare and the

environment, equal to or greater than the rule or standard; .

and

(b) The alternative proposal is at least as stringent as :

any applicable federal requirements.

(2) The commission may grant a variance under

subsection (1) of this section only if the commission finds •

that strict compliance with the rule or standard is .'

inappropriate because:

(a) Conditions exist that are beyond the control of the

petitioner; or

(b) Special physical conditions or other circumstances

render strict compliance unreasonable, burdensome or

impracticable.

(3) The commission may delegate the authority to

grant a variance to the department.

(4) Within 15 days after the department denies a

petition for a variance, the petitioner may file with the

commission a request for review by the commission. The

commission shall review the petition for variance and the

reasons for the department's denial of the petition within 150

days after the commission receives a request for review. The

commission may approve or deny the variance or allow a

variance on terms different than the terms proposed by the .

petitioner. If the commission fails to act on a denied petition

within the 150-day period the variance shall be considered

approved by the commission.

[1987 c.S39 §22]

(Finance)

466.785 Fees. (1) Fees may be required of

every permittee of an underground storage tank. Fees shall be

··29··
.(,/.0·

\

. ::>1

(2) Moneys transferred by the department from the

Underground Storage Tank Compliance and Corrective

Action Fund established under ORS 466.791 shall be credited

to the Underground Storage Tank Insurance Fund.

(3) The State Treasurer may invest and reinvest

moneys in the Underground Storage Tank Insurance Fund in

the manner provided by law.

(4) The moneys in the Underground Storage Tank

Insurance Fund are appropriated continuously to the

department to be used as provided for in subsection (5) of

this section.

(5) Moneys in the Underground Storage Tank

Insurance Fund may be used by the department for the

following purposes, as they pertain to underground storage

tanks:

(a) Funding of the underground storage tank insurance

premium copayments established under sections 38 to 46,

chapter 863, Oregon Laws 1991; and .

(b) Payment of the department's costs in administering

the Underground Storage Tank Insurance Fund, which shall

be limited to five percent of the premium collected.

Note: SectioD '. chap1I:r935, Oregon Laws 1989, provides:

Sec. 5. If die Supmoc Coun declares dW section 147, chapter

833, Oregon Laws 1989 (Enrolled HouseBill3515) [453.408 (1»,

imposes a lax or exciselevied on. wiIb respect to or measured by

!be eJUr.lCtioos. production. Storage. use.sale. disaibution or receipt

of oil or II&IW'a1 gas or levied on the ownership of oil or nanual

gas. l!w is subjea to die provisions of seaion 2. Article vm. or

section 3.. Anic!e IX of the Oregon ConstilWion. section 4 of this

Aa [465.127] is repealed and oas466.795. u amended by section

3 of this Aa. is funbcr amended to read:

466.795. (1) 1lIe UDdergnluDd Stonge Tank lnsuranl:e Fund is

eslIblisbcd sepuaa: and disl:iDI:r from !be GeDenl Fund in the Staa:

Treasury to be used solely for the pwpose of salisfying die finaDcial - .

respoosibilily requ.iremI:ms of oas466.815. in

(2) Fees received by !be dcpanmcIll pwsuaIIlto subsCc:tion (6) of ~_) this SCdioD, shaI1 be deposited imo !be Slam Treasury and credited

to die Underground Stonge Tank InsunD:c Fund.

[1987 c.539 §28; 1989 c.833 §158; 1989 c.935 §§2, 3; 1991

c.863 §47]

[1991 c.S63 §16 (enacted in lieu of 466.790); 1993 c.lS

§120; 1993 c.661 §S]

466.795 Underground Storage Tank

Insurance Fund. (1) The Underground Storage

Tank Insurance Fund is established separate and distinct from

the General Fund in the State Treasury to be used solely for

the purpose of satisfying the financial responsibility

requirements of ORS 466.815.

(d) Funding the interest rate subsidies established

under section 6a. chapter 863. Oregon Laws 1991; r "0

(e) Funding the underground storage tank insurance t (. /

premium copayment program established under sections 38 to . J

46, chapter 863, Oregon Laws 1991; and

(t) Funding of the grants established under section 6,

chapter 863, Oregon Laws 1991.

466.791 Underground Storage Tank

Compliance and Corrective Action Fund;

sources; uses. (1) The Underground Storage Tank

Compliance and Corrective Action Fund is established

separate and distinct from the General Fund in the State

Treasury.

(2) The following moneys, as they penain to an

underground storage tank, shall be deposited into the State

Treasury and credited to the Underground Storage Tank

Compliance and Corrective Action Fund:

(a) Moneys recovered or otherwise received from

responsible parties for corrective action;

(b) Moneys allocated to the fund from the Executive

Department Economic Development Fund;

(c) As permitted by federal court decisions, federal

statutory requirements and administrative decisions, funds

made available from multidistrict litigation - 150 oil

overcharge settlement moneys or surplus stripper well oil

overcharge settlement moneys; and

(d) Any penalty, fine or damages recovered under

ORS 466.770.

(3) The State Treasurer may invest and reinvest

moneys in the Underground Storage Tank Compliance and

Corrective Action Fund in the manner provided by law.

(4) The moneys in the Underground Storage Tank

Compliance and Corrective Action Fund are appropriated

continuously to the department to be used as provided in

subsection (5) of this section.

(5) Moneys in the Underground Storage Tank

Compliance and Corrective Action Fund may be used by the

department for the following purposes.

(a) Supporting the loan guarantee program established

pursuant to section 4, chapter 1071, Oregon Laws 1989;

(b) Repaying moneys advanced under ORS 293.205 to

293.225 to allow the department to begin operating the grant

and loan programs established pursuant to section 4, chapter

1071, Oregon Laws 1989, or servicing any debt incurred by

the fund;

(c) Administration of the underground storage tank

program;

466.790 [1987 c.539 §26; 1989 c.l071 §§24,29.30.46.47,48;

repealed by 1991 c.863 §15 (466.791 enacted in lieu of 466.790)]

[1987 c.539 §§23,50; 1989 c.833 §157; 1989 c.935 §1; 1989

c.l071 §§44,45; 1993 c.525 §§1,2,3]

in an amount determined by the commission to be adequate to

carry on the duties of the department or the duties of a state

agency or local unit of government that has contracted with

the department under ORS 466.730. Such fees shall not

exceed $35 per tank per year.

(2) Fees collected by the department under this section

shall be deposited in the State Treasury to the credit of an

account of the department. All fees paid to the department

shall be continuously appropriated to the department to carry

out the provisions of ORS 466.706 to 466.845 and 466.895.

··30··
(3) The Slate Treasurer may invest aoo reinvest moneys in the

•

UndergroundStorage Tank Insurance Fund in the manner provided

by law.

(4) The moneys in the Underground Storage Tank Insurance Fund

are appropriated continuously to the department to be used as

provided for in subsection (5) of this section. .

(5) Moneys in the Underground Storage Tank Insurance Fund may

be used by the department for the foUowing purposes. as they

pertain to underground storage t3nks:

(a) Compensation to the department or any other person. for taking

corrective actions: and

(b) Compensation to a third party for bodily injury and property

damage caused by a release; and

(c) Payment of the department's costs in administering the

Underground Storage Tank Insurance Fund, wltich shall be limited

to 15 percent of the premium collected.

(6) The commission may establish an annual financial responsibility

fee to be collected from an owner or permittee of an underground

storage tank. The fee shall be in an amount determined by the

commission to be adequate to meet the financial responsibility

requirements established under ORS 466.81'5 and any applicable

federal law.

(7) Before the effective dateof any regulations relating to financial

responsibility adopted by !he United Slates Environmental

Protection Act pursuant to P.L. 98-616 and P.L. 99-499, !he

department shallformulate a plan of action to be foUowed if it

becomes necessary for the Underground Storage Tank Insurance

Fund to become operative in order to satisfy the financial

responsibility requirements of ORS 466.815. In formulating the plan

of action. the department shall consult with the Director of the

'

Department of Consumer and Business Services. owners and

permittees of underground storage t3nks and any other interested

0,,= party. The plan of action must be reviewed by the Legislative

Assembly or the Emergency Board before implementation.

466.800 Records as public records;

exceptions.' (1) Except as provided in subsection (2)

of this section, any records, reports or information obtained

from any persons under ORS 466.765 and 466.805 shall be

made available for public inspection and copying during the

regular office hours of the department at the expense of any

person requesting copies.

(2) Unless classified by the director as confidential,

any records, reports or information obtained under ORS

466.706 to 466.845 and 466.895 shall be available to the

public. Upon a showing satisfactory to the director by any

:person that records, reports or information, or panicu1ar

parts thereof, if made public, would divulge methods,

processes or information entitled to protection as trade secrets

under ORS 192.501 to 192.505" the director shall classify as

confidential such record, report or information, or panicu1ar

part thereof. However, such record, report or information

may be disclosed to any other officer, medical or public

safety employee or authorized representative of the state

'concerned with carrying out ORS 466.706 to 466.845 and

466.895 or when relevant in any proceeding under ORS

466.706 to 466.845 and 466.895.

• (3) Any record, report or information obtained or

"--~ by the department or the commission in administering

..... statewide underground storage tank program under ORS

466.706 to 466.845 and 466.895 shall be available to the

United States Environmental Protection Agency upon request.

If the record, report or information has been submitted to the

state under a claim of confidentiality, the state shall make that

claim of confidentiality to the Environmental Protection

Agency for the requested record, report or information. The

federal agency shall treat the record, report or information

subject to the confidentiality claim as confidential in

accordance with applicable federal law.

[Formerly 468.910]

(Enforcement)

466.805 Site inspection; subpoena or

warrant. (1) In order to determine compliance with

the provisions of ORS 466.706 to 466.845 and 466.895 and

rules adopted under ORS 466.706 to 466.845 and 466.895

and to enforce the provisions of ORS 466.706 to 466.845 and

466.895, any employees of or an authorized and identified

representative of the department may:

(a) Enter at reasonable times any establishment or site

where an underground storage tank: is located:

(b) Inspect and obtain samples of a regulated

substance contained in an underground storage tank; and

(c) Conduct an investigation of an underground

storage tank, associated equipment, contents or the soil, air

or waters of the state surrounding an underground storage

tank.

(2) If any person refuses to comply with subsection

(1) of this section, the department or a duly authorized and

identified representative of the department may obtain a

warrant or subpoena to allow such entry, inspection.

sampling or copying.

[1987 c.539 §30 (enacted in lieu of 468.907)]

466.810 Investigation on noncompliance;

findings and orders; decommissioning tank;

hearings; other remedies. (1) Whenever the

department has reasonable cause to believe that an

underground storage tank or the operation of an underground

storagetank violates ORS 466.706 to 466.845 and 466.895 or

fails to comply with a rule, order or permit issued under

ORS 466.706 to 466.845 and 466.895, the department may

investigate the underground storage tank.

(2) After the department investigates an underground

storage tank under subsection (1) of this section, the

department may, without notice or hearing, make such

findings and issue such orders as it considers necessary to

protect the public health, safety, welfare or the environment.

(3) The findings and orders made by the department

under subsection (2) of this section may:

(a) Require changes in the operation, practices or

operating procedures found to be in violation of ORS 466.706

to 466.845 and 466.895 or the rules adopted under ORS

466.706 to 466.845 and 466.895;

(b) Require the owner or operator to comply with the

provisions of a permit;

(c) Require compliance with a schedule established in

the order; and

•* 31 .*
•

·(0 ',,'j 466.820 Reimbursement to department;

procedure for collection; treble damages. (1)

The owner and the permittee of an underground storage tank

found to be in violation of any provision of ORS 466.706 to

466.845 and 466.895, shall reimburse the department for all

costs reasonably incurred by the department, excluding

administrative costs, in the investigation of a leak from an

underground storage tank. Department costs may include

investigation, design engineering, inspection and legal costs

necessary to correct the leak.

(2) Payment of costs to the department under

subsection (1) of this section shall be made to the department

within 15 days afterthe end of the appeal period or, if an

appeal is filed, within 15 days after the court or the

commission renders its decision, if the decision affirms the

o~. "

(3) Ifsuch costs are not paid by the owner or the

permittee of the underground storage tank to the department

within the time provided in subsection (2) of this section, the

Attorney General, upon the request of the director, shall

bring action in the name of the State of Oregon in the Circuit

Court of Marion County or the cin:uit court of any other

county in which the violation may have taken place to

recover the amount specified in the order of the department.

(4) In addition to any other penalty provided by taw, r:7'--

if any person is found in violation of my provision of ORS ~L) 465.200,466.706 to 466.845, 466.895 and 478.308, the

commission or the court may award damages in the amount

[1987 c.539 §27]

invoke all rights and defenses that would have been available

to the owner or permittee if the action had been brought (-C~'

against the owner or permittee by the claimant and all rights " . . J

and defenses that would have been available to the guarantor

if the action had been brought against the guarantor by the

owner or permittee.

(4) The total liability of a guarantor shall be limited to

the aggregate amount the guarantor provided as evidence of

financial responsibility, to the owner or permittee under

subsection (2) of this section. This subsection does not limit

any other state or federal statutory, contractual or common

law liability of the guarantor for bad faith in negotiating or in

failing to negotiate the settlement of any claim. This

subsection does not diminish the liability of any person under

section 107 or 111 of the Comprehensive Environmental

Response, Compensation and Liability Act of 1980, as

amended, or other applicable law.

(5) Corrective action and compensation programs

financed by a fee paid by owners and permittees and

administered by the department may be used to satisfy all or

pan of the financial responsibility requirements of this

section.

(6) No rule requiring an owner or permittee to

demonstrate and maintain financial responsibility shall be

adopted by the commission before review by the appropriate

legislative committee as determined by the President of the

Senate and the Speaker of the House of Representatives.

(d) Require'any other actions considered necessary by

the depanment.

(4) After the depanment issues an order under

subsection (2) of this section. the department may

decommission the underground storage tank or contract with

another person to decommission the underground storage

tank.

(5) The department shall serve a certified copy of any

order issued by it under Subsection (2) of this section to the

permittee or the permittee's duly authorized representative at

the address furnished to the department in the permit

application or other address as the department knows to be

used by the permittee. The order shall take effect 20 days

after the date of its issuance, unless the permittee requests a

hearing on the order before the commission. The request for

a hearing shall be submitted in writing within 20 days after

the department issues the order.

(6) All hearings before the commission or its hearing

officer shall be conducted according to applicable provisions

of ORS 183.310 to 183.550 for contested cases.

(7) Whenever it appears to the department that any

person is engaged or about to engage in any act or practice

that constitutes a violation of ORS 466.706 to 466.845 and

466.895 or the rules and orders adopted under ORS 466.706

to 466.845 and 466.895 or of the terms of any permit issued

under ORS 466.706 to 466.845 and 466.895, the department,

without prior administrative hearing, may institute actions or

proceedings for legal or equitable remedies to enforce

compliance therewith or to restrain further violations thereof.

[1987 c.539 §32]

466.815 Financial responsibility of owner "or permittee. (1) The commission may by rule

require an owner or permittee to demonstrate and maintain

financial responsibility for:

(a) Taking corrective action;

(b) Compensating a third party for bodily injury and

property damage caused by a release; and

. (c) Compensating the department. or any other

person. for expenses incurred by the department or any other

person in taking corrective action.

(2) The financial responsibility requirements

established by subsection (1) of this section may be satisfied'

by insurance, guarantee by third party. surety bond, letter of

credit or qualification as a self-insurer or any combination of

these methods. In adopting rules under subsection (1) of this

section, the commission may specify policy or other

contraetu.a1 terms, conditions or defenses necessary or

unacceptable to-establish evidence of financial responsibility.

(3) If an owner or permittee is in bankruptcy,

reorganization or arrangement pursuant to the federal

bankruptcy law, or if jurisdiction in any state or federal court

cannot be obtained over either an owner or a permittee likely

to be solvent at the time of judgment, any claim arising from

conduct for which evidence of financial responsibility must be

provided under this section may be asserted directly against

the guarantor. In the case of action. undcrparagraph (b) of

subsection (1) of this"section, the guarantor is entitled to

··32··
equal to three times the amount of all expenses incurred by

art in investigating the violation.

(5) Moneys reimbursed shall be deposited to the State

Treasury to the credit of an account of the department and

are continuously appropriated to the department for the

purposes of administering ORS 465.200, 46p.706 to 466.845,

466.895 and 478.308.

[1987 c.539 §34 (enacted in lieu of 468.914»)

466.825 Strict liability of owner or

permittee. The owner and permittee of an

underground storage tank found to be the source of a release

shall be strictly liable to any owner or permittee of a

nonleaking underground storage tank in the vicinity, for all

costs reasonably incurred by such nonleaking underground

storage tank owner or permittee in determining which tank

was the source of the release.

[1987 c.539 §35)

466.830 Halting tank operation upon clear

and immediate danger. (1) Whenever, in the

judgment of the department from the results of monitoring or

observation of an identified release, there is reasonable cause

to believe that a clear and immediate danger to the public

health, welfare. safety or the environment exists from the

•

inUed operation of an underground storage tank. the

artment may, without hearing or prior notice, order the

'. ·,._.:4peration of the underground storage tank or site halted by

service of an order on the owner or permittee of the

underground storage tank or site.

(2) Within 24 hours after the order is served under

subsection (1) of this section. the department shall appear in

the appropriate circuit court to petition for the equitable relief

required to protect the public health. safety, welfare or the

environment.

[1987 c.539 §36)

466.835 Compliance and. correction costs

as lien; enforcement. (1) All compliance and

corrective action costs. penalties and damages for which a

person is liable to the state under ORS 466.706 to 466.845

and 466.895 shall constitute a lien upon any real and personal

property owned by the person.

(2) The department shall file a claim of lien on real

property to be charged with a lien under subsection (1) of this

section with the recording officer of each county in which the

real property is located and shall file a claim of lien on

personal property to be charged with a lien under subsection

(1) of this section with the Secretary of State. The lien shall

attach and become enforceable on the date of the filing. The

'~en claim shall contain:

. (a) A statement of the demand;

'0<."" • (b) The name of the person against whose property the

len attaches; .

(c) A description of the property charged with the lien

. sufficient for identification; and

(d) -A statement of the failure of the person to conduct

compliance and corrective actions as required.

(3) A lien created by this section may be foreclosed

by a suit on real and personal property in the circuit court in

the manner provided by law for the foreclosure of liens.

(4) Nothing in this section shall affect the right of the

state to bring an action against any person to recover all costs .

and damages for which a person is liable under the provisions

of ORS 466.706 to 466.845 and 466.895.

[1987 c.539 §37]

(Fmancial Assistance Programs)

466.840 Legislative flndings. The

Legislative Assembly finds that:

(1) The upgrading of underground storage tanks and

the improving of such tanks and associated equipment are

necessary to protect the public health and safety and the

environment.

(2) The costs of upgrading leaking underground

storage tanks, purchasing improved equipment and cleaning

up the contamination caused by leaking underground storage

tanks, including the costs of disposal, remediation or other

treatment of soil contaminated as a result of leaking

underground storage tanks, exceed the financial capacity of

many owners and operators of underground storage tanks.

(3) The availability of motor vehicle fuel is necessary

to create and retain employment and to encourage tourism in

Oregon. "

(4) It is the intent and policy of the Legislative

Assembly to:

(a) Insure the funding and support of remedial action

and replacement of leaking underground storage tanks and

associated equipment. while allowing the owners and

operators to continue to operate their businesses in Oregon;

and

(b) In order to insure such funding and support,

prevent a local unit of government from imposing taxes, fees

or surcharges on soil generated as a result of remedial action

or replacement of leaking underground storage tanks.

[1993 c.661 §2)

466.845 Commission authority to accept and.expend moneys received for financial . assistance programs. (1) The Environmental

Quality Commission may accept and expend moneys from

any public or private source, including the Federal

Government. made available for the purpose of carrying out

financialassistance programs for owners and operators of

storage tanks containing motor vehicle fuel.

(2) All moneys and the proceeds of all moneys

received by the Environmental Quality Commission under

this section shall be deposited in the Underground Storage

Tank Compliance and Corrective Action Fund to be used for .

··33 ••
\

the purposes for which they were made available and shall be

ex~ended in accordance with the terms and conditions upon

WhICh they were made available.

[1993 c.661 §3]

Note: Sections 5 to 10, 19a. 38 to 44. 46 and 62. chapter 863, Oregon

Laws 1991. provide:

Sec. 5. (1) Beginning October 1. 1991. die depanmcnt shall"

conduct a financial assistance program as described in sections 6

and ea. chapter 863. Oregon Laws 1991. for die purpose of

upgrading or replacing underground storage tanks and.piping,

conducting corrective action or installing stage I and Il vapor

coUection system underground piping. hoses and nozzles at an

underground SlOrage tank facility holdiDg an accumulation of momr

fuel for resale. for projects wbose construction started on or after

December 22. 1988.

(2) Not later dian April 1. 1994. an applicant for financial

assistance shall submit either an application for financial assistance

or a letter of intent to apply for financial assistance to bring the

applicant's underground storage tank facility into compliance with

all applicable technical and financial responsibility requirements on'

or before December 31. 1996. The letter of intent shall include but

need DOt be limited 10 a proposed consauction schedule and general

description of die scope of wort 10 be performed widl die financial

assistance received.

(3) Not later dian Ocmber 1. 1994. a person submitting an

application or a letter of intent to apply for financial assistance

wider subsection (2) of this section shall sign a COlISCnt agreement

to bring die applicant's underground storage tank into compliance

with all applicable technical and financial responsibility

requirements on or before December 31. 1996. In the consent

agreement. die department may require the applicant to conduct

daily inventory control and reconciliation, investigate a suspected

release. report a confirmed release within 24 hours. determine

whether an imminent hazard exists through adequate investigation

and testing and conduct odler reasonable tank management activities

!hat do DOt require capital investment.

(4) Except for die requirements set form in subsection (1) of this

section. an applicant for financial assistance or a person who

submits a letter of intettt 10 apply for tinaDcial assistance shall not

be subject to enforcement action under ORS 466.706 to 466.845

and 466.895 if die applicant is making a good faith effort to:

(a) Bring die applif?mt's underground wrage lank tiu:ility into

compliaDce with all teclmicaJ and financial responsibility

requirements on or before December 31. 1996; or

(b) Permanently close die underground SlOrage lank faCility in

accord.aDce widl applicable underground SlOrage tank requirements

on or before December 31. 1996.

(5) In order 10 manage the funds available in die Underground

Storage Tank CompliaDce and Corrective Action Fund, and 10.

process die projectEd nwnber of financial assistance applications.

die department may establisb a schedule for starting constrUCtion of

the projects applying for fiDaDcial assiswIcc under sections 6 and

6a. chapter 863. Orqon Laws 1991. If die departmeD1 finds it is

necessary 10 adjust an applicant's schedule. die depanmettt shall

consult with die appliam in establishing die new schedule. The

appliam's fiDaDcial assis&aDce from die department or insunDce

benefits available from the dcpanmem shall DOt be adversely

affectI:d by a schedule c1wIge imposed by die departmettt.

(6) Any person who does DOt submit a fiDaDcial assistance

applicalion ora-letter of-intent·m· apply for financial. assiswlce shall

comply with all applicable technical and financial responsibility

··34··

requirements. A person who receives financial assistance shall

comply with all applicable technical and financial responsibility

requirements within 60 days after completing the upgrade or (C' ")\

replacement project.

(7) An applicant for financial assistance shall:

(a) Hold a valid underground storage tank permit for the facility for

which the applicant is requesting ,the assistance;

(b) Pay all annual underground storage tank compliance fees,

including any fees currently due;

(c) Take appropriate eorreedve action in accordance with rules of

the Environmental Quality Commission in die event of an imminent

hazard involving ground water contamination or a threat of fire and

explosion from a spill or release of petroleum; and

(d) If the applicant closes an underground storage tank facility,

conduct closure operations in accordance with requirements

establisbed by rule by the Environmental Quality Commission.

[1991 c..863.§5; 1993 c.661 §6)

Sec. 6. (1) Beginning October 1. 1991. any person who owns

or is responsible for an underground smrage lank holding an

accumulation of motor fuel for resale may be eligible for the

financial assistance established under subsections (2) to (4) of'this

section for construction started after December 22, 1988. The

fmancial assistance may be used to upgrade an underground storage

lank. replace an underground smrage tank, conduct corrective action

or install Stage I and Il vapor collection system underground piping.

hoses and nozzles in conformity with applicable state and federal

underground SlOrage tank. air quaiity aDd corrective action rules at

an undergroUnd SlOrage tank facility. If a person owns or is

responsible for more than one underground storage tank facility, the

, person is eligible for all applicable financial assistance for each

facility. ('0' (2) Any person owning or responsible for 100 or more tanks. and'\..

meeting the flJUll1Cial need criteria established by the Environmental' ".j

Quality Commission by rule under section 7, chapter 863, Oregon

Laws 1991. may be eligible for a loan at a five percent interest rate

on die first SI00,OOO of eligible project COstS.

(3) Any person owning or responsible for 99 or fewer tanks. and

meeting the finaocial need criteria established by die Environmental

Quality Commission by rule under section 7, chapter 863, Oregon

Laws 1991. may be eligible for an underground storage tank

poUution prevention grant of 50 percent not to exceed S50.000 and

a loan at an interest rate of dIrce percent on die fU'St 5100.000 of

eligible project costS.

(4) Any person owning or responsible for 12 or fewer tanks. aDd

meeting die financial need criteria established by die Environmental

Quality Commission by rule uDdersection 7. chapter 863. Oregon

Laws 1991. and the cmma in subsection (5) of thissection, may be

eligible for an undergrouDd SlOrage lank essential services grant of

73 percent DOt 10 exceed $75.000 aDd a loan at an interest rate of

011I: and onc-half peruttt on the first $100,000 of eligible project

cosu.

(5) In addition to meeting the finaocial need criteria, an applicant

for an underground SlOrage lank essentialservices grant also shall

IDCCC all of die following criteria:

(a) The applicalll's facility tDUSI be eidler:

(A) The only facility in a city limd in die Oregon Blue Book; or

(8) The only facility within nine milesfrom die next remil gas sales

fIcil.ity.

(b) The applicant ImlSt emer imD an agreement with die Department r- "

o~ Enviro~ Quality providing that. subject to (c) o~ ( ""

this subsection.. the underground stOrage lank essctttial servu:es 't\-,-. )

grant will be reimbursed in full if die propertY or business reselling ....:,.'f.V

IDOCDr vehicle fUd is sold within five years after die applicant
•

receives the grant with the purpose of closing the facility. The

department may secure the agreement by placing a lien upon

property owned by the applicant where the underground storage

tank is located. The property lien agreement shall become a lien

upon the property where the underground storage tank is located on

the date the property lien agreement is recorded in the mortgage

records of the county in which the property is located.

(c) If the applicant seUs the property and the purchaser assumes the

obligations of the agreement made under paragraph (b) of this

subsection with the purpose of keeping the facility open. the

applicant shall not be required to reimburse the underground storage

tank essential services grant, The purchaser shall be obligated under

the lien only for a five-year period from the time of the initial

underground storage tank essential services grant.

(6) Any person not applying to a commercial lending institution for

a loan to perform underground Storage tank work under section 6a.

chapter 863, Oregon Laws 1991, and this section. may apply

directly to the department for a grant under subsections (3) and (4)

of this section.

(7) The department may not approve any application for the

financial assistance programs established by subsections (2) to (4) of

this section received after December 31. 1996.

(8) The interest rate subsidies established under subsections (2) to

(4) of this section shall be payable in the manner provided in

section 6a, chapter 863, Oregon Laws 1991. [1991 c.863 §6; 1993

c.661 §7] .

Sec. 6a. (1) Beginning October 1. 1991. the department shall

conduct a program of fiDaDcial assistance that allows commercial

lending institutions to offer low-interest. fixed-rate loans as

described in subsection (2) of this section to persons owning or

responsible for underground storage tanks holding an accumulation

of motor fuel for resale.

(2) The amount of finance charge charged. including interest on the

loan and interest on any loan fee. by a commercial lending

institution may be at a rate of:

(a) Seven and one-half percent for a loan to any person owning or

responsible for underground Storage tanks holding an aa:umulation

of motor fuel;

(b) Five percent for loans qualifying under section 6 (2). chapter

863. Oregon Laws 1991;

(c) Three percent for loans qualifying under section 6 (3). chapter

863. Oregon Laws 1991; or

(d) One and one-half percent for loans qualifying under section 6

(4), cbapter 863, Oregon Laws 1991.

(3) The department shall reimburse the commercial lending

institution for the differeuce between the amounr of finance charge

that would have been charged. iDcluding interest on the loan and

interest on any loan fee. and an annual rate that is the lesser of the

foUowing:

(a) The annualrate charied by the commerciallending·institution

for noosubsidiud loans made under like terms and conditions at the

time the loan is made; or

(b) The upper limit established by rule of the Environmental Quality

Commission.

(4) In order for the loan to be eligible for the reduced interest rateS

allowed under this section. the loan shall:

(a) Be made to a person wbo is upgtading or replacing an

underground SUlrage tank. conducting corrective action or installing

stage 1and n vapor coUection system underground piping. hoses or

DOzzles at an underground Storage tank facility holding an

~nof motor fud for resale;

(b) Be made after December 22. 1988. and before December 31.

1996;

··35 ••

(c) Have a term not to exceed 20 years: and

(d) Be only on the first $100.000 of eligible project expenses.

(5) Before approving any application for financial assistance under

section 6.38.39 or 40. chapter 863. Oregon Laws 1991. the

department shall determine whether sufficient moneys. are projected

to be in the Underground Storage Tank Compliance and Corrective

Action Fund to pay all obligations and debt service to all parties.

including obligations to commercial lending institutions for the loan

guarantees and reduced interest rates on loans made by commercial

lending institutions. on all applications approved to date. and the

obligations anddebt service of the application being considered for

approval. If the deparnnent projects that funds will be insufficient to

service new obligations or debt service. the department shall

suspend approval of the financial assistance application until

additional revenue becomes available. When additional revenue

becomes available, applications denied approval due to insufficient

funds shall be processed according to the chronological order in

which the applications were suspended for insufficient funds.

(6) Within 30 days after the end of each calendar quarter. a

commercial lending institution shall submit an invoice to the

Department of Environmental Quality for the difference in the

amount of the finance charge as set forth in subsections (2) and (3)

of this section. The department shall pay any invoice. received under

this section only from moneys in the Underground Storage Tank

Compliance and Corrective Action Fund established under ORS

466.791.

(7) If for any reason funds in the Underground Storage Tank

Compliance and Corrective Action Fund are not sufficient to make

the paymentS described in subsection (6) of this section for a loan.

the interest rate on that loan shall be considered increased to the .

rate described in subsection (3)(a) of this section. effective on the

date the funds first ceased to be available.

(8) As used in this section, "commercial lending institution.·

•facility ,. "corrective action," "stage 1 vapor collection system••\;.

"stage n vapor collection system" and "underground storage ~.

have the meaning given those terms ORS 466.706. [1991 c.863

§6a; 1993 c.661 §8]

Sec. 7. (1) The Environmental Quality Commission shall adopt

rules to implement the fmancial assistance programs established by

sections 6 and 6a., chapter 863. Oregon Laws 1991. In adopting the

rules. the commission shaI1 consider the recommendations of the

Underground Storage Tank Financial Assistance Advisory

Committee established in subsection (2) of this section.

(2) Before August 1. 1991. the Director of the Department of

Environmental Quality shaI1 appoint an Uoderground Storage Tank

Fmancia1 Assistance Advisory Conunia.ee. The adVisory committee

shall consist of a representative from each of the foUowing

organizations or areas of interest:

(a) Oregon petroleum marketers;

(b) Petroleum suppliers;

(c) Oregon gasoline dealers;

(d) Agr;icultural cooperatives;

(e) Oregon commercial lending institutions;

(f) A service provider currently licensed by the Department of

Environmental Quality;

(g) An underground Storage tank equipment tnanuf3cturer or

distributor; and

(b) Two members of the general public. oue of whom shaI1 serve as

chair of the advisory committee.

(3) The Uoderground Storage Tank F1IWICial Assistance Advisory

Commiaee shall advise the departmem andcommission on matlI:rs

relating to the implementation of the financial assistance programs

<.
under ORS 466.706 to 466.845 and 466.895. including but not

limited [0:

(a) Adoption of administrative rules to implement the financial

assistance programs set forth in ORS 466.706 to 466.845;

(b) Financial needs criteria for the variable interest rate loans and

underground storage tank poUution and essential service grants;

(c) Financial information forms;

(d) Methods to contain ccsts of the financial assistance programs to

provide ma:l:jrnumbenefitS to the greatest number of applicantS;

(e) Methods to promote aDd advertise the financial assistante

programs to potential applicants; and

<0 The readability and understandability of application forms and

insauctional maa:rials to be usedby potential underground storage

tank financial assistance applicants,

(4) Members appointed to the advisory committee shall serve for a

period of two yean. The dim:tor may discontinue the committee

after December 31. 1996..

(5) Members of the advisory commiacc are not eligible for

compensation. but members may be reimbursed for necessary

expenses under ORS 292.495 from moneys available in the

Underground Storage Tank Compliance and Corrective Action

Fund. [1991 c.863 §7; 1993 c.661 §9]

Sec. 8. In establishing financial need criteria. the commission

shaU consider the most recent published financial statistics by

Roben Morris Associates for Gasoline Service Slalion Retailers.

The commisSion aDd the Underground Storage Tank F'mancial

Assistance Advisory Committee also may seck advice from the

Economic Development Dcpanmcm, the federal Small Business

Administration and other qualified businesses. organizations and

agencies. [1991 c.863 §8]

Sec. 9. (1) An applicant applying for financial assistance under

sections 4 to 6. chapter 1071. Oregon Laws 1989. and sections 6

and 6a of this 1991 Act shaU provide the commercial lending

institution with copies of the applicant's two most recent financial

statements. if the applicant is a corporation, or if the applicant is a

sole proprietor or pannership. the two most recent personal

financial statements and federal income taX returns. For a

corporation, the financial needs test shall be made on the parent

company and any whoUy owned subsidiaries. An applicant shall

provide any fInancial information requested by a conuncrcial

lending institution necessary to determine fmancial need as

established under sections 7 and 8 of this 1991 Act. The department

may specify the forms on which fmancial information must be

provided to the department or commercial lending institutions.

(2) Upon determining dW an applicam mcea the criteria established

under sections 7 aDd 8 of this 1991 As;t aDd is eligible for fiDaDcial

assistance under sections 4 to 6. chapter 1071. Oregon Laws 1989.

and sections 6 aDd 6a of this 1991 Act. the commercial lending

institution shall submiI its decision to the dcpanmcnt for approval.

(3) An applicant applying for financial assistance under section 6 (6)

of this 1991 Act shall provide the infoimanon described in

subsection (1) of this section to the Depanmcnt of Environmcma1

Quality. [1991 c.863 §9]

Sec. 10. The EnvironmcDtLI Quality Commission shall adopt

rules to insure dW moaey disbursed from the Underground Storage

Tank Compliance aDd Corrective Action Fund for an underground

storage tank poUution prevention or essentialservice gram is u.sed

only to pay for equipmcm. labor and services to upgrade or replace

underground storage l3Dks. condua corrcc:tive action or install stage

I and D vapor coUection system undergrouud piping. hoses aDd

nozzles. [1991 c.863 §10J

Sec. 19a. The Envirol1lllel1tl.l Quality Commission shaI1 repon

to the EmcrgencyBoard the amount ofmoaeys necessary to provide

··36··

funding to the Underground Storage Tank Compliance and

Corrective Action Fund. [1991 c.863 §19a; 1993 c.18 §li8]

Sec. 38. Any applicant with 100 or more underground storage . C'<.

tanks holding motor fuel for resale who meets the financial needs - ~/ test for a five percent interest ra~ subsidy established by section 6.

chapter 863. Oregon Laws 1991. also shall be eligible for an annual

underground storage tank insurance premium copayment according

to the following schedule:

(1) An annual 50 percent copayment not to exceed .52.000 per year

between October 1. 1991. and December 31. 1995. for an applicant

starting an underground storage tank upgrade or replacement project

after December 22. 1988. and completing the project before

December 31. 1993.

(2) An annual 40 percent copaymcnt not to exceed $1.600 per year

between January 1. 1994. and December 31. 1995. for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 1994.

(3) An annual 30 percent copaymcnt not to exceed S1,200 per year

between January 1. 1995. and December 31. 1995. for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 1995. [1991 c.863 §38; 1993 c.661

§10J

Sec. 39. Any applicant with.99 or fewer underground storage

tanks holding motor fuel for resale who meets the financial needs

test for an underground storage tank poUution prevention grant

established under section 6. chapter 863. Oregon Laws 1991. also

shaU be eligible for an annual underground storage tank insurance

premium copayment according to'the foUowing schedule:

(1) An annual 75 percent copayment not to exceed S3.000 per year

between October 1. 1991. and December 31. 1996. for an applicant

staning an underground storage tank upgrade or replacement project.>"C'

after December 22. 1988. and completing the project before .\.

December 31. 1993. .,':..!

(2) An annual 6S percent copayment not to exceed $2.600 per year

between January 1. 1994. and December 31. 1996. for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 1994.

(3) An annual 5' percent copayment not to exceed $2.200 per year

between January 1. 1995. and December 31, 1996. for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 199'.

(4) An annual45 percent copayment not to exceed S2.200 per year

between January 1. 1996. and December 31. 1996. for an applicant

completing an underground storage tank upgrade or replacement

project in thec:alcndaryear 1996. [1991 c.863 §39; 1993 c.661

§llJ

Sec. 40. IuJy applicant with 12 or fewer underground storage

tanks holding momr fud for reme who mcca the financial needs

test for an underground storage tank essential services gram

esublished under section 6. chapter 863. Oregon Laws 1991. also

shall be eligible for an annualunderBround storage tank insurance

premium copaytDlCDl according to the following schedule:

(1) An annual90 percem copayment not to exceed $3.600 per year

bclwccn October 1. 1993. and Dcccmbcr 31. 1996. for an applicant

surtiDg an underground storage tank upgrade or replacement project

akr Dcccmbcr 22. 1988. and completing the project before

Dcccmbcr 31. 1993. .

(2) An annua1 percent copaytDlCDl not to exceed $3.400 per year

bctwccn JIDW'Y 1. 1994. and Dcccmbcr 31. 1996. for an applicant . ' ..

co~ an undergMUDd storage tank upgrade or replacement ((-~

proJCCt m me c:alcndar year 1994. ~,\"...,./

(3) ADannua1 80 pcrccnl copaymem not to exceed $3.200 per year'::y

,between JIDW'Y 1. 1m. and Dcccmbcr 31. 1996. for an applicant
•

'~:". i........

completing an underground storage tank upgrade or replacement

project in the calendar year 1995.

(4) An annual 75 percent copayment not to exceed 53.000 per year

between January 1. 1996. and December31, 1996. for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 1996. '

(5) An annual 50 percent copayment not to exceed $2.000 per year

between January 1. 1997. and December 31. 1997, for an applicant

completing an underground storage tank upgrade or replacement

project in the calendar year 1996.

(6) An annual 2S percent copayment not to exceed $1,000 per yei.r

between January 1. 1998. and December 31, 1998. for an applicant

completing an underground storage tank upgrade or replacement

project in die calendar year 1996. [1991 c.863 §40; 1993 c.661

§12]

Sec. 41. If a person owns or is responsible for more dian one

underground storage tank facility. die person is eligible for all

applicable insurance premium copayments for each facility location.

[1991 c.863 §41]

Sec. 42. A copayment shall be made only for insurance policies

that satisfy in form and substance the required Underground storage

tank financial responsibility requirement for corrective action and

third party liability established by rule by die Environmental Quality

Commission. [1991 c.863 §42]

Sec. 43. When applying for a copayment, die agent, producing

agent or company shalldesignate to whom payment shallbe made

on forms provided by die Department of Environmental Quality.

The agent, producing agent or company shall certify !bat the insured

has paid die remaining insurance premium copayment for die policy

term. [1991 c.863 §43]

Sec.43a. (1) Each person providing insurance under ORS

735.300 to 735.365 or 735.400 to 735.495 for which a copayment

may be made under section 43 of this 1991 Act shall file for

informational purposes. in die manner and according to the

requirements established by the Director of the Department of

Consumer and Business Services. the person's:

(a) Minimum rates anddeductibles: and

(b) Policy forms: inclUding the legal defense provisions of die

policies.

(2) Beginning January 1. 1992. and each July I and January I

dlereafter until July 1. 1996. die Department of Consumer and

Busine» Services shall provide to die Department of Environmental

Quality:

(a) The following information relating to eKb insurer authorized

under the InsunnceCode m transact insurance in this state:

(A) Minimum raIeS and deductibles; and

(8) Polic:y forms. including die legal defense provisions of the

policies.

(b) The-information provided m the Deparanem of Consumer and

Bwiness Services under subsection (1) of this section.

(3) The Department of ln3w2nc:e and 'FIIWIl:e also shall furnish to

die Department of Environmental Quality financial information with

respect to the insurers aDd other persons about whom the

information is provided under subsection (2) of this section. [1991

c.863 §43a)

Sec. 44. The Depanmcmof Environmental Quality shall pay

insw2nce premium copayments from moneys available in die

UndergrowJd Smrage Tank Insunnce Fund established under ORS

466.79.5. [1991 c.863 §44]

Sec. 46. The depanment may transfer funds from the

Underground Storage Tank Compliance aDd Corrective Action Fund

established under section 16 of this 1991 Act [466.791] to die

Underground Smrage Tank Insur.ulce Fund establjshed under ORS

466.795 in order to make the underground storage tank insurance

premium copayments authorized by sections 38 to 46 of this 1991

Act. [1991 c.863 §46]

Sec. 62. Beginning January I. 1993. and biennially thereafter

for the duration of the financial assistance programs established

under this Act. die Department of Environmental Quality shall

report to the Legislative Assembly:

(1) The StaDJS of the financial assistance programs under sections 4

m 6, chapter 1071. Oregon Laws 1989, and sections 6. 6a. 38. 39

and 40 of Ibis Act;

(2) Any substantive changes m the federal underground Storage tank

program under the Federal Resource Conservation and Recovery

Act. P.L. 94-580, as amended;

(3) Oregon's proposed response to substantive changes to the

federal underground storage tank program; and

(4) The financial capacity of die Underground Storage Tank

Compliance and Corrective Action Fund to meet its obligations and

debt service for applications approved under sections 4 to 6. chapter

1071, Oregon Laws 1989. and sections 6, 6a. 38. 39 and 40 of this

Act. The report shall specifically discuss the fund's capacity to meet

its obligations and debt service to commercial lending instirutions

for guaranteed or reduced interest rate loans. [1991 c.863 §62]

OREGON HANFORD WASTE BOARD

Note: Sections 1 to 8 and 10 to 16. chapter 514, Oregon Laws

1987. provide:

Sec. 1. (1) The Legislative Assembly finds and declares that

Oregon is not assured that die United States Department of Energy

will:

(a) Consider die unique fearures of Oregon and the needs of the

people of Oregon when assessing Hanford. Washington. as a

potentially suitable location for the long-term disposal of high-level

radioactive waste; or

(b) Insure adequate opportunity for public participation in the

assessment process.

(2) Over die past 4.5 years. the United States hasdeveloped and

produced nuclear weapons at Hanford. Washington. and during this

period large quantities of radioactive hazardous and chemical wastes

have accumulated at die Hanford Nuclear Reservation. and the

waste sites pose an immediate and serious long-term threat to the

environment and to public health and safety.

(3) Therefore. the Legislative Assembly declares that it is in the

best interests of die State of Oregon to establish an Oregon Hanford

Waste Board to serve as a focus for die State of Oregon in die

development of a S13tCpolicy m be presented m die Federal

Government, to insure a maximum of public participation in die

assessment andcleanup process. [1987 c.514 §1; 1991 c.562 §3]

Sec. 2. Nothing in sections 1 m 16 of Ibis Act shallbe

interpreted by die Federal Government or die United States

Department of Energy as an expression by the people of Oregon to

accept Hanford. Washington. as die site for die long-term disposal

of high-level radioactive waste. [1987 c.514 §2]

Sec. J. As used in sections 1 m 16 of Ibis Act:

(1) "Board" means die Oregon Hanford Waste Board.

(2) "High-level radioactive wasa:" means fuel or fission products

from a commercial nuclear reKtDr wr irradiation that is packaged

and prepared for disposal.

(3) "United StaleS Depanmcnt of Energy" means die federal

Department of Energy established under 42 U.S.C.A. 7131 or any

successor agency assigned responsibility for die long-term disposal

of high-level radioactive waste. [1987 c.514 §3]

··37 ••
Sec. 4. There is created an Oregon Hanford Waste Board which - shall consist of the following members:

(l) The Director of the Oregon Department of Energy or designee;

(2) The Water Resources Director or designee:

(3) A representative of the Governor;

(4) One member representing the Confederated Tribes of the

Umatilla Indian Reservation;

(') Ten members of the public. appointed by the Governor. one of

whom shall be a representative of a local emergency response

organization in eastern Oregon andone of whom shall serve as

chairperson; and

(6) Three members of the Senate. appointed by the President of the

Senate. and three meIhbcrs of the House of Representatives.

appointed by the Speaker of the House of Representatives who shall

serve as advisory members without vote. [1987 c.514 §4; 1991

d62 §l]

Sec. S. (1) Each member of the Oregon Hanford Waste Board

shall serve at the pleasure of the appointing authority. For purposes

of this subsection. for those members of the board selected by the

public advisory comminee, the appointing authority shall be the

public advisory commiace.

(2) Each public member of the board shall receive compensation

and expenses as provided in ORS 292.49'. Each legislative member

shall receive compensation and expenses as provided in ORS

171.072. .

(3) The board shall be under the supervision .of the chairperson.

[1987 d14 §5)

Sec. 6. The Oregon Hanford Waste Board:

(1) Shall serve as dle focal point for all policy discussions within

the state government concerning the disposal of high-level

radioactive waste in the nonhweSt region.

(2) Shall recommend a state policy to the Governor and to the;

Legislative Assembly.

(3) After consultation with the Governor. may make policy

recommendations on other issues related to the United States

Hanford Reservation at Richland. Washington. including but not

limited to defense wastes. disposal and treaancnt of chemical waste

and plutonium production. [1987 c.514 §61

Sec. 7. In carrying out its purpose as set fonh in section 6,

chapter '14, Oregon Laws 1987, dle Oregon Hanford Waste Board

shall:

(1) Serve as the initial agency in this state to be contacted by dle

United States Dcpanment of Energy or any other federaJ agency on

any maacr related to the long-term disposal of high-level radioactive

waste and .other issues re1atcd to the United States Hanford

Reservation.

(2) Serve as the initial agency in this sua:to receive any report.

study. document. information or ootificaQon of proposed plans from

the Feden.! Government on any matter related to the long-term

disposal of high·level radioactive wasze or other issues related to the

United States Hanford Reservation. NotUU:ation of proposed plans

includes ootification of proposals to conduct field work. onsite

evaluation or onsite testing.

(3) Disseminate or mange with the United States Depanment of

Energy or other feden.! agency to disseminate the information

received under subsection (2) of this section to appropriare state

agellCies. local governments. regional planning commissions.

American 1Ddian tribal governing bodies. the gcncn.! public and

imercsIed citizen groups who have rcqucsu:d in writing lD receive

this information.

(4) Recommend to the GoverDOr and Legislative Msembly .

appropriate responsesto conraas under subsection (1) of this section

and information-received Ul!dt:r-subsec:tion(2) of this scctionlfa

··38··

response is appropriate. The board shall consult with the

appropriate state agency, local government. regional planning

commission, American Indian tribal governing body. the general

public and interested citizen groups in preparing this response.

(5) Promote and coordinate educational programs which provide

information on the nature of high- level radioactive waste, the longterm disposal of this waste, the activities of the board. the activities

of the United States DepartlIlent of Energy andany other federaJ

agency related lD the long-term disposal of high-level radioactive

waste or other issues related to dle United States Hanford

Reservation and the opporamities of the public lD participate in

procedures and decisions related to this waste.

(6) Review an~ application to the UnilCd States Department of

Energy or other federaJ agency by a State agency, local government

or regional planning commission for funds for any program related

. to the long-term disposal of high-level radioactive waste or other

issues related to the United States Hanford Reservation. If the board

finds that the application is not consistent with the state'S policy

re1atcd to such issue or that the application is not in dle beSt interest

of the sta~. the board shall forward its findings to the Governor and

the appropriate legislative committee. If the board finds that the

application of a state agency is not consistent with the state's policy

related to long-term disposal of high-level radioactive waste or that

the application of a state agency is not in dle best interest of the

state. the findings forwarded to dle Governor andlegislative

cotDIDittec shall include a rcconuncndation that the Governor act to

stipulate conditions for the acceptance of the fundswhich arc

necessary to safeguard the interests of the state.

(7) MonilDr activity in Congress and the FederaJ Government

related to the long-term disposal of high-level radioactive waste and

other issues re1atcd lD the United States Hanford Reservation.

(8) If appropriate, advise the Governor and the Legislative

Assembly lD request the Attorney GeneraJ lD intervene in federal

proceedings to protect the state's interests and present the State's

point of view on matters relalCd to dle long-term disposal of highlevel radioactive wasu: or other issues relalCd to the United StateS

Hanford Reservation.

(9) Coordinate with appropriate counterparts and agencies in the

State of WashinglDn. [1987 c.514 §7: 1991 c.562 §4)

Sec. 8. The chairperson of dle Oregon Hanford Was~ Board

shall:

(1) Supervise the day-lD-day functions of the board;

(2) Hire. assign. reassign and coordinate the administrative

persotmd of the board. prescribe their duties and fix their

compenqrjou, subj= to the Stlte Personnel Relations Law; and

(3) RequcsllllChDical assistlnce from any other state agency. [1987

c.514 §81

Sec. 10. (1) If the United States Department of Energy selects

Hanford. WuhinglDD. as the site for the constt'UCtion of a

repository for the 10Dl-«ertD disposal of high-level radioactive

waste. the Orcgbn Hanford Waste Board shall review the selected.

sUe and the site plaD prepared by the United States Depanment of

Energy. In condu.ctiJts its review the board shaI1:

(a) IDC1ude a fUll sciaIrific review of the adequacy of the selected

site and of the site plaD:

(b) Use rccognizcd experts;

(c) Conduct OtIC or more public hearings on the site plan:

(d) Make available lD me public arguments and evidence for and

against the siD: plaD: and

(e) Solicit c:ommems from appropriate state ageDCics. local

governmcms. rcpoaa.I pWmitIg commissions. American Indian

tribal soveminl bodies. !be &meral public and interested ciDzen

.. groupson !be Idequacy of me Hanford siD: and the site plan. - -, -

C~
• "_0.

•

(2) After completing the review under subsection (1) of this section.

the board shall submit a recommendation to the Speaker of the

House of Representatives. the President of the Senate and the

Governor on whether the State should accept the Hanford site. [1987

c.514 §10]

Sec. 11. (I) In addition to any other duty prescribed by law and

subject to the policy direction of the board. a lead agency

designated by the Governor shall negotiate written agreements and

modifications to those agreements. with the United StateS

Department of Energy or any other federal agency or state on any

matter related to the long-term disposal of high-level radioactive

waste.

(2) Any agreement or modification to an agreement negotiated by

the agency designated by the Governor under subsection.(l) of this

section shall be consistent with the policy expressed by the

Governor and the Legislative Assembly as developed by the·Oregon

Hanford Waste Board.

(3) The Oregon Hanford Waste Board shall make recommendations

to the agency designated by the Governor under subsection (1) of

this section concerning the terms of agreements or modifications to

agreements negotiated under subsection (1) of this section or other

issues related to the United States Hanford Reservation. [1987 c.514

§1l; 1991 c.562 §S]

Sec. U. The Oregon Hanford Waste Board shall implement

agreements. modifications and technical revisions approved by the

agency designated by the Governor under section 11 of this Act; In

implementing these agreemenlS. modifications and revisions. the

board may solicit the views of any appropriate state agency. local

government, regional planning commission. American Indian tribal

governing body. the general public and interested citizen groups.

[1987 c.514 §12]

Sec. 13. The Oregon Hanford Waste Board may accept moneys

from the United States Department of Energy, other federal

agencies. the State of Washington and from gifts and grants

received from any other person. Such moneys are continuously

appropriated to the board for the purpose of carrying out the

provisions of this Act. The board shall establish by rule a method

for disbursing such funds as necessary to carry out the provisions of

sections 1 to 16. chapter 514. Oregon Laws 1987. including but not

limited to awarding COI1lI'llttS for studies pertaining to the long-term

disposal of radioactive waste or other issues related to the United

States Hanford Reservation. Ally disbursement of funds by the

board or the lead agency shall be consistent with the policy

established by the board under section 6. chapter 514. Oregon Laws

1987. [1987 c.514 §l3; 1991 c.562 §6]

Sec.14. 1be Oregon Hanford Waste Board may establish any

advisory and technical committee it considers l1CCCSSllIY. Members

of any advisory or technical committee established under this

section may receive reimbursement for travel expenses incurred in

the performance of their duties in accordance with ORS 292.495.

[1987 c.514 §14; 1991 c.562 §2]

Sec. 15. All departments. agencies and officers of this state and

its political subdivisions shaI1 eooperare with the Oregon Hanford

Waste Board in carrying out any of its activities under sections 1 to

16 of this Act and. at the request of the cbairperscn, provide

technical assimnce to the board. [1987 c.514 §1S]

Sec. 16. In aa:nrdaDce with the applicable provisions of ORS

183.310 to 183.550. the Oregon Hanford Waste Board shall adopt

rules and standards to carry out the requirements of sections 1 to 16

of this Act. [1987 c.514 §16]

FEDERAL SITE SELECTION

Note: Sections 1 and 2, chapter 13, Oregon Laws 1987. provide:

Sec.vl, The Legislative Assembly and the people of the State of

Oregon find that:

(I) In order to solve the problem of high-level radioactive waste

disposal. Congress established' a process for selecting cwo sites for

the safe. permanent and regionally equitable disposal of such waste.

(2) The process of selecting three sites as final candidates. including

the Hanford reservation in the State of WashingtOn; for a first highlevel nuclear waste repository by the United States Department of

Energy violated the intent and the mandate of Congress.

(3) The United States Deparanent of Energy has prematurely

deferred consideration of numerous potential sites and disposal

media that its own research indicates are more appropriate. safer

and less expensive.

(4) Placement of a repository at Hanford without methodical and

independendy verified scientific evaluation threatens the health and

safety of the people and the environment of this state.

(5) The selection process is flawed and not credible because it did

not include independent experts in the selection of the sites and in

the review of the selected sites. as recommended by the National

Academy of Sciences.

(6) By postpOning indefinitely all site specific work for an eastern

repository. the United States Department of Energy has not

complied with the intent of Congress expressed in the Nuclear

Waste Policy Act, Public Law 97-425. and the fundamental

compromise which enabled its enactmenL [1987 c.13 §1]

Sec. 2. In order to achieve complete compliance with federal

law andprotect the health. safety and welfare of the people of me

State of Oregon. the Legislative Assembly, other statewide officials

and state agencies shall use all legal means necessary to:

(1) Suspend the preliminary site selection process for a high-level

nuclear waste repository. including the process ofsite.

characterizarion, until there is compliance with the intent of the ;;

Nuclear Waste Policy Act;

(2) Reverse the Secretary of Energy's decision to postpone

indefinitely all site specific work on locating and developing an

eastern repository for high-level nuclear waste;

(3) Insist that the United States Department of Energy's site

selection process, when resumed. considers all acceptable geologic

media and results in safe. scientifically justified and regionally and

geognphically equitable high-level nuclear waste disposal;

(4) Demand that federal budget actions fully and completely follow

the inb:nt of the Nuclear Waste Policy Act: .

(5) Continue to pursue alliaDccs with other states and interested

panics. particularly with Pacific Northwest Governors. legislatures

and other parties. affected by the site selection process and

transportation of high-level nuclear waste; and

(6) Assure that Oregon. because of its close geographic and

geologic proximity to the proposed Hanford site. be accorded $e

same status under federal law as a state in which a high-level

nuclear repository is proposed to be located. [1987 c.13 §2]

··39 ••
466.995 Criminal penalties. (1) Penalties

provided in this section are in addition to and not in lieu of

any other remedy specified in ORS 459.005 to 459.105,

459.205 to 459.385, 466.005 to 466.385 or 466.890.

(2) Violation of a provision of ORS 466.605 to

466.680 or of any rule or order entered or adopted under

ORS 466.605 to 466.680 is punishable, upon conviction, by a

fine of not more than S10,OOO or by imprisonment in the

county jail for not more than one year or both. Each day of

violation shall be considered a separate offense.

(3) Any person who knowingly violates any provision

of ORS 466.706 to 466.845 and 466.89S or the rules adopted

under ORS 466.706 to 466.845 and 466.895 shall be subject

to a criminal penalty not to exceed $10,000 or imprisonment

for not more than one year or both. Each day of violation .

shall be deemed a separate offense.

(4) Any person who knowingly violates any provision

of ORS 465.200 to 465.455 or any rule or order adopted or

issued under ORS 465.200 to 465.455 shall, upon conviction,

be subject to a criminal penalty not to exceed S10,OOO or

imprisonment for not more than one year, or both. Each day

of violation shall be deemed a separate offense.

[Formerly 459.992; (3) enacted by 1985 c.733 §18; 1987 ( .:

c.1SS §93; subsection (4) enacted as 1987 c:539 §38; ~..-/ subsection (5) enacted as 1987 c.735 §24; 1993 c.422 §18]

CIVll. PENALTIES

466.880 Civil penalties generally. (1) In

addition to any other penalty provided by law, any person

who violates ORS 466.005 to 466.385 and 466.890, a license

condition or any commission rule or order pertaining to the

generation, treatment, storage, disposal or transportation by

air or water of hazardous waste, as defined by ORS 466.005,

shall incur a civil penalty not to exceed S10,OOO for each day

of the violation.

(2) The civil penalty authorized by subsection (1) of

this section shall be imposed in the manner provided by ORS

468.135. . . ,

(3) In addition to any other penalty provided by law,

any person who violates a provision of ORS 466.605 to

466.680, or any rule or order entered or adopted under ORS

466.605 to 466.680, may incur a civil penalty not to exceed

SIO,OOO. Each day of violation shall be considered a separate

offense.

(4) The civil penalty authorized by subsection (3) of

this section shall be imposed in the manner provided by ORS

468.135, except that a penalty collected under this section

shall be deposited to the fund established in ORS 466.670.

[Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17;

1987 c.266 §1; 1991 c.734 §35]

466.890 Civil penalties for damage to

wildlife resulting from contamination of food or

water supply. (1) Any person who has care, .custody

or control of a hazardous waste or a substance which would

be a hazardous waste except for the fact that it is not .

discarded, useless or unwanted shall incur a civil penalty

according to the schedule set forth in subsection (2) of this

section for the destruction, due to contamination of food or

water supply by such waste or substance, of any of the

wildlife referred to in subsection (2) of this section that are

the property of the state. .

(2) The penalties referred to in subsection (1) of this

section shall be as follows:

(a) Eachgame mammal other than mountain sheep,

mountain goat, elk or silver gray squirrel, $400.

(b) Each mountain sheep or mountain goat, $3,500.

(c) Eachelk, $750.

(d) Each silver gray squirrel, $10.

(e) Each game bird other than wild turkey, $10.

(f) Each wild turkey, $50.

(g) Eachgame fish other than salmon or steelhead

trout, S5.

(h) Eachsalmon or steelhead trout, SI25.

(i) Each fur-bearing mammal other than bobcat or

fisher, $50.

(j) Each bobcat or fisher, $350.

(k) Each specimen of any wildlife species whose

survival is specified by the wildlife laws or the laws of the

United States as threatened or endangered, $500.

(L) Each specimen of any wildlife species otherwise

protected by the wildlife laws or the laws of the United

States, but not otherwise referred to in this subsection,· $25.

(3) The civil penalty imposed under this section shall

be in addition to other penalties prescribed by law.

[1985 c.685 §2]

. 466.895 Civil penalties for violations of

underground storage tank regulations. (1)

Any person who violates any provision of ORS 466.706 to

466.845 and this section, a rule adopted under ORS 466.706

to 466.845 and this section or the terms or conditions of any

order or permit issued by the department under ORS 466.706

to 466.845 and this section shall be subject to a civil penalty

not to exceed S10,OOO per violation per day of violation.

(2) Each violation may be a separate and distinct

offense and in the case of a continuing violation, each day's

continuance thereof may be deemed a separate and distinct

offense. -

(3) The department may levy a civil penalty up to

Sloo for each day a fee due and owing under ORS 466.785

and 466.795 is unpaid. A penalty collected under this

subsection shall be placed in the State Treasury to the credit

of an account of the department.

(4) The civil penalties authorized under this section

shall be imposed in the manner provided by ORS 468.135

except that a penalty collected under subsection (1) of this

section shall be deposited to the fund established in ORS

466.791.

(1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36]

466.900 [1987 c.73.5 §23; renumbered 46.5.900 in 19891

CRIMINAL PENALTIES

CJ

··40··