# Ie

Attachment A
Oregon Hazardous Waste Statutes

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- .. - '., ."'

· ..**i···~·.~l·r:-·'.**

# ~".**:~** -. 

# 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 ofdepartment. 2 466.020 Rules and orders. 2 466.025 Duties ofcommission. 2 466.030 Designation ofclasses offacilities 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 

### bemet by owner and operator before issuance ofpermit. 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 ofhazardous waste. 4 466.070 Standards for rules•...........•.. ".............................. 4 466.075 Rules for generators ofhazardous waste.

. "............ 4 466.080 Rules for transportation ofhazardous 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 

### bestored or

### treated at permittedsite; exemptions. 6 466.100 Disposal ofwaste 

### restricted; permit 

### required. ..•......................... 6 466.105 Duties ofperinittee.

. ............•................ : . . . . . . . . . . .

.. 6 466.107 Action under ORS 466.105 against guarantor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 466.110 Application; form.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 466.115 Required application information. ..........•......................... 7 466.120 

### Requiredapplication information to operate site. ...................:...... 7 466.125 Notice ofhearings on applications. • • . • • . . . . . . .". . . . . . . . . . . . • . . . . . • :

. .. 7 466.130 Public hearing 

### in areas ofproposed site 

### required••••.••.•••••••••.•••••... ., 8 466.135 Recommendations by state agencies on applications; effect. . . . . . . . . . . . . . . . . . . . . 8 466.140 Review ofapplications; issuance. • . . . • . . . . . . . • . . . . . . . . . . . . . . . . . . . . •

.. 8 466.145 Review oftrea1mcDt 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 ofpermit; judicial review. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

.. 9 466.175 Disposition ofsite or facility after revocation; acquisition ofsite 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 ofdepartment; findings and orders.

. . . . . . . . . . . . . . . . .. 

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

. . . . . . . . . . . . . . . . . . . . . . . . .. 

### 10 466.200 

### Procedure for emergencies. 

### 10 466.205 Liability for improper disposal ofwaste; 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 ofPCB restricted; permit 

### required for PCB disposal facility. 12 466.260 Duties ofdepartment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 466.265 Rules for regulation ofPCB disposal.

.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 466.270 Criteria for rules; study ofdisposal methods. 13 466.275 Permit application for PCB disposal facility.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 466.280 Copies ofapplication to 

### be sent to affected state agencies. 13 466.285 Notice ofhearings on application. 13 466.290 Public hearing 

### in 

### areaofproposed facility 

### required. 13 466.295 Examination ofapplications; 

### reccmmendationto commission; decision 

### as to issuance; notice to applicant. 13 466.300 Restrictions on commission authority to issue permit. 14 466.305 Investigation ofcomplaints; 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 ofreal property for disposal ofPCB. 15 466.335 Consequences ofrevocation.

. . . . . .. . . . . . . . . .'.

. . . . . . . . . . . . . . . . . . . . .. 15 466.340 Restrictions on treatment or disposal ofPCB at facility.

. . . . . . . . . . . . . . . . . . . . .. 15 466.345 PCB facility permit fee. 15 

### 466.350 

### Pest-closure permit; fee. 16 466.355 Interstate cooperation regarding 

### taxiesuse and 

### hazardouswaste 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 ofnotice ifno objection. 17 466.375 Filing ofnotice; content ofnotice '.

. . . . . . . . . . . . . .. 17 466.380 Inlcragency 

### agreementfor notices for radioactive waste disposal sites. 17 466.385 Amendment ofcomprehensive plan and land use regulations; 

### modellanguage; 

### 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



# r.**".,,'-~** 

### 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

. 19 19 19 20 20 20 20 20 20 20 20 20 20 20 20 20 20· 20 20 20 

### 20·:**20,'~,** 

### 20 20 .

, -', 

### 21 21 '

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 ofoil 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 ofsubstance 

### ashazardous material. 22 466.635 Report of spill or release ofreportable quantity ofhazardous 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 ofmoneys 

### in Oil and Hazardous Material 

### Emergency Response and Remedial 

### Action Fund. ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 466.680 Responsibility for 

### expenses ofcleanup; 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 ofORs 466.706 to 466.845 and 466.895. . . . . . • . . . . . . . . . . . . . . .

.. 25 466.715 Legislative findings. ........................••.........•....... 25
(Administration) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. 25 466.720 Statewide underground storage tankprogram; 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 ofprogram administration to Stale 

### agency or local government by agreement. . 26 466.735 Cooperation with Department ofConsumer 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 ofownerorpermittee ofunderground storage tank. . . . . . . . . . . . . . . . . . . .

.. 

### 28 466.770 Corrective action required 

### on contaminated site. .

.. ','

. . . . . . . . . . . . . . . . . . . .. 28 466.775 Grounds for refusal, modification, suspension or revocation ofpermit.

. . . . . . . . . . . .. 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; subpoenaor warrant. ................•................ 31 466.810 Investigation on noncompliance; findings and 

### orders; decommissioning tank; 

### hearings;

. otherremedies. . • . . . • • . . . . . . . . . • • . . • • • • . . • • . : . . • • • . • • • . . . • . . .

.. 31 

### 466.815 Financial responsibility ofowneror permittee. .•.•..••••..•••.••...••.••. 32 

### 466.820 Rcii:nbursemenl to 

### department; procedure for collection; treble damages. •..•.••.... 32 

### 466.m Strictliability ofowner 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 offood or water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.. 40 466.895 Civil penalties for violations ofunderground 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 

### ofhazardous materials, regulation, 761.370 to 761.421
Volunteering assistance or advice related to clean up ofhazardous material, liability limitation, 30.490 to 39.497

466.005 to 466.385
Penalty for transporting or disposing ofhazardous waste unlawfully, 761.994

Standards for safe transportation ofhazardous waste, 767.457

466.080
Impoundment ofvehicles unlawfully transporting hazardous waste, 767.458

Standards for safe transport 

### ofhazardous wastes 

### andPCB 

### by Public Utility Commission, 467.457

466.706 to 

### 466.845

.' Pollution prevention or essential services 

### grant, 316.834



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## This

.page is intentionally left blank 

# · . .cc'

### 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 and466.890, 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 ofthe state as defined in ORS 468B.005. (5) "Facility" means all contiguous land, structures, other appurtenances and iinprovements on the landused for treating, storing or disposing ofhazardous 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 substancesintended for the purpose of defoliating plants or for the preventing, destroying, repelling or mitigating of 

### insects,fungi, weeds, rodents orpredatory 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 ofthe 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

.**'''~** 

### incapacitatingreversible 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) 

### ofthis 

### subsection. (8) "Hazardous waste disposal site" means a geographical site in which or upon which hazardous waste is disposed. (9) "Hazardous waste storage site" means the geographical site upon which hazardous waste is stored. (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 ofany 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 environmentto 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 ofORS 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 

### ofhazardous 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 ofwaste and PCB originating in Oregon, Washington, Idaho and Alaska ofthe type handled by such a treatment or disposal facility. (2) The Legislative Assembly further finds and declares that in the interest ofpublic health and safety and to protect the environment, it is the policy ofthe' State of Oregon to give priority in managing hazardous waste in Oregon to methods that reduce the quantity and toxicity of hazardous waste generated before using methods that reuse hazardous waste, recycle hazardous waste that cannot 

### be reused, treat hazardous waste or dispose ofhazardous waste by landfilling.

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

## (Administration)
466.015 Powers and duties ofdepartment. The department shall: (1) Provide for the administration. enforcement and implementation ofORS 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 ofthe operation and construction ofhazardous waste treatment. storage and disposal sites; and (c) For the permining ofhazardous waste treatment, storage and disposal sites in consultation with the appropriate county governing body or city council. (2) Coordinate and supervise all functions ofstate and local governmental agencies engaged in activities subject to the provisions ofORS 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 orthe environment, have 

### been properly treated or decontaminated

or contain a sufficiently low concentration ofhazardous

.material so that such substances are no longerhazardous.

[Formerly**4~9.430;** 1987 c.540 §5] 

## 466.020 Rules and orders. In accordance with applicable provisions ofORS 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 ofhazardous wastes, minimum requirements for operation. maintenance. monitoring, reporting and supervision oftreatment. storage or disposal sites, and requirements and procedures for selection ofsuch sites. 

# - (2) Adopt rules and issue orders thereon relating to the procedures ofthe department with respect to hearings, filing ofreports, 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 ofhazardous waste concerning type, amount and disposition ofsuch hazardous waste and waste minimization activities. Rules may be adopted exempting certain classes ofgenerators from such requirements.**(~)** Adopt rules and issue orders relating to the transportation ofhazardous waste by air or water. (6) Adopt rules and issue orders relating to the production. marketing, distribution. transpOrtation and burning offuels 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 ifnecessary to protect public health or the environment. for all releases ofhazardous waste
or constituents ofhazardous 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 ofthe time the hazardous waste was placed in the facility. (8) Adopt rules and issue orders relating to the restriction or prohibition ofnonhazardous liquid waste 

### in a

# .:l f\ hazardous waste disposal .site. .'**;~i>>--"** (9) Adopt rules necessary to Implement the

.

, certification requirements ofORS 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 ofor treating hazardous waste or PCB; (2) Establish classes ofhazardous waste or PCB that 

### may be disposed ofor treated; (3) Designate the location ofa facility designed to dispose of ortreat 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 

### ifthe capacity ofthe 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 offacilities designed to treat or dispose ofhazardous waste or PCB that shall be 

### subject to the provisions ofORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.320.
[1985 c.670 §8] 

## 466.035 Commissionauthority to impose standards 

## for hazardous waste or PCB at Oregon facility. The commission may impose . specific standards for the range and type ofhazardous waste or PCB treated or disposed of at a facility'in order to protect the public health and safety and environment ofOregon.
[1985 c.670 §9] 

## 466.040 Application period for PCB or hazardous wastepermit. Whenever the Environmental Quality Commission finds there is 

### aneed 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 ofthe applicant. (b) A 

### statement offinancial condition of the applicant, including assets, liabilities and net worth. (c) The

### experience ofthe applicant in construction, management, supervision or development ofhazardous waste
or 

### PCBtreatment or disposal facilities and in the handling of such 

### substances. ' (2) The department 

### shall also require 

### the submission ofsuch information relating to the 

### construction, development

or establishment ofa 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 

### adecision on granting 

### or denying apermit. (3) 

### Ifthe application is 

### for a new permit to operate a new 

### hazardous waste or PCB treatment or disposal facility or 

# -E

hazardous 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 ofissuing a permit for the treatment, storage or disposal facility: Any portion ofthe fee that exceeds the department's administrative expenses shall be refunded to the applicant. (4) 

### Ifthe application is for the renewal ofan existing permit, the application shall be 

### accompanied by a fee in an amount estimatedby the department to be 

### sufficient to cover the department's costs in investigating and processing the renewal application. 

### Ifthe department incurs expenses in

excess ofthe estimated fee, the applicant shall pay the excess fees. Under no circumstances shall the renewal fee exceed a total of$50,000. Any portion ofthe 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 ofthe 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

### ahazardous waste or PCB 

### treatmentor disposal facility or the site ofsuch facility, the director shall establish citizen advisory comminees as the director considers necessary. The director shall determine the representation.r membership, terms and organization ofthe committees and shall appoint their members. The director or a designee s'hall be 

### a nonvoting member ofeach committee. (2) The advisory committees appointed under subsection (1) ofthis 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 

### apermit for 

### anew facility designed to dispose ofor treat 

### hazardous waste or 

### PCB, the commission must find, on the basis ofinformation 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 ofhazardous waste or PCB intended for 

### trearmenr or disposal at the . facility;(b) 

### Provides the maximumprotection possible to the public health and safety and environment ofOregon from release ofthe hazardous waste or PCB stored, treated 

### or disposed ofat the facility; and . (c) Is 

### situated sufficient distance from urban growth 

### boundaries, as defined 

### in ORS 197.295, to protect the public health aridsafety, 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 ofthose areas. (2) Subject to any applicable standards adopted under ORS 466.035, the design ofthe proposed facility: (a) Allows for treatment or disposal ofthe range of hazardous waste or PCB as required by the commission; and (b) 

### Significantly adds to: (A) The range ofhazardous waste or PCB handled at 

### atreatment or disposal facility currently permitted under ORS 466.005 to 466.385; or (B) 

### The type 

### oftechnology 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 ofhazardous 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 ofadequate current treatment or disposal capacity in Oregon. Washington, Idaho and Alaska to handle hazardous waste or PCB generated by Oregon companies; (b) 

### A finding 

### thatoperation ofthe proposed facility would result in a higher level ofprotection ofthe public health and safety or environment; or (c) Significantly lower treatment or disposal costs to Oregon companies. (5) 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 ofadjacent lands.
[1985 c.670 §5; 1987 c.540 §18; 1989 c.833 §96]


## 466.060 

## Criteriato be met by owner and operator before issuance ofpermit. (1) Before issuing apermit 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 ofthe owner and the operatorhave 

### adequa1c financial and 

### technical capability to 

### properly consttuet and operate the facility; and (b) 

### The compliance

### history ofthe owner including any parent company ofthe ownerand the operator in owning and operating other similarfacilities, 

### ifany, indicates an ability and 

### willingness to operate 

### the proposed facility in compliance with the provisions ofORS 466.005 to 466.385 and 466.890

or any condition imposed on the 

### permittee by the commission. (2) If

### requestedby 

### the permit applicant. information submitted as 

### confidential underparagraph (a) 

### ofsubsection (1) 

### ofthis section shall be maintained confidential and exempt from public disclosure to 

### theextent 

### 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:--',", ofa renewal permit under ORS 466.005 to 466.385 and { -466.890, the commission may require the applicant to comply

### "'~ with all or some ofthe 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 ofhazardous waste . . who 

### areor 

### arelikely 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 

### ofconditionally 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 ofthis 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 ofhazardous waste disposal sites, the commission shall provide for the highest and best practicable disposal ofthe hazardous wastes in a 

### manner that will minimize: 

### (a) The possibility of

### adangerous uncontrolled. reaction. the release ofleachate. noxious gases or odors, fire, explosion or the discharge ofthe hazardous wastes; and (b) 

### The amount 

### ofland 

### used for burial ofthe hazardous wastes. (2) The depatqnent 

### shall investigate and 

### analyze in detail 

### thedisposal 

### methods and procedures 

### required to be adopted by 

### rule under ORS 466.020 and subsection (1) 

### of this section and shall report its 

### findingsand recommendations to the commission.
[Formerly 459.442) 

## 466.075 Rules for generators of hazardous waste. (1) The commission

### may, by 

### rule. 

### require generators of

### hazardouswaste to:

. .

### ~- (a) 

### Identify themselves to 

### the department. 

### list the .

# r\

location and general cbaracteristics oftheir activity and name**_~** 

### thehazardous waste generated; 

# ··4··(b) Keep records that accurately identify the quantities • such hazardous waste, the constituents thereof, the

,.Jlsposition ofsuch waste and waste minimization activities; (c) Furnish information on the chemical composition ofsuch hazardous waste to persons transporting, treating, storing or disposing ofsuch waste; (d) Use a department approved manifest system to
assure 

### thatall 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 ofhazardous waste generated during a given time period, the disposition ofall such waste and waste minimization activities; (f) Comply with specific waste management standards; and (g) Minimize the amount or toxicity ofhazardous waste generated. (2) The generator of a hazardous waste shall be allowed to store a hazardous waste produced by that generator on the premises ofthat generator for a term not to exceed 

### thatset 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 ofhazardous waste.

• (3) The commission by role may exempt certain \. .' lasses or types ofhazardous waste generators from part or 

### ·_.Y all of the requirements upon generators adopted by the commission. Such an exemption can only be made if the commission finds 

### that. because ofthe quantity, concentration, methods of handling or use ofa 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 ofhazardous waste on the premises ofa 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 ofadjacent lands.
[Formerly 459.445; 1987 c.540 §7] 

## 466.080 Rules for transportation of hazardous waste. In adopting roles governing transportation ofany hazardous wastes for which a permit 

### is required. the Public Utility Commission or the State Department ofAgriculture must consult with and consider the recommendations ofthe 

### department prior to the adoption of any 

### suchrules. Transporters shall 

### be required to deliver a..;::":;ous wastes to a site named 

### in the manifestprovided for

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

'-00" 466.890, orto 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 of466.085))

. 

## 466.086Gaining.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 ofa hazardous waste regulatory program under the provisions ofthe 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 of466.085)] 

## 466.090Inspection and copying ofrecords authorized; exceptions. (1) Except as provided in subsection (2) ofthis 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 ofthe department at the expense ofany'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 ofsuch 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 ofthe state concerned with carrying out ORS 466.005 to 466.385 and 466.890 orwhen relevant in any proceeding under ORS 466.005 to 466.385 and466.890.

. (3) Records, 

### reports andinformation obtained or used by the department or the commission 

### in administering the state hazardous waste programunder 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. Ifthe records, reports'or information has 

### been submitted to the state under a claim ofconfidentiality, the state shall make that claim ofconfidentiality 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 DRS466.075 (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 

### DRS466.005 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 ahazardous 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 ofthe quantity. concentration or type 

### ofwaste or duration ofstorage. such a class ofstorage 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 ofa 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) ofthis 

### section. no person shall dispose ofany hazardous waste anywhere in this state except at a hazardous waste disposal site permitted pursuant to 

### DRS466.110 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 underdepartment 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 

### athreatto public health. welfare or safety or to the environment.
[Formerly 459.510; 1987 c.540 §21; 1993 c.560 §103]


## 466.105 

## Duties ofpermittee.' Each hazardous 

### waste storage or treatment site permittee shall be required 

### to do the following as 

### a condition to 

### holding the permit:(1) Maintain records ofany hazardous waste identified pursuant to provisions of

### DRS466.005 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 ofwastes 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 ofthe people ofthis 

### state. (6) Assure 

### thatall personnel who are employed by the permittee are trained in properprocedures for handling. transfer, transport, treatment and storage ofhazardous waste

. including, but not limited to, familiarization with all

contingency plans.

(7) 

### Maintain otherplans 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 ofthe area is , '\ terminated.

. (

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

### assurance 

### in the name ofthe state in an amount estimated by the department to be sufficient to cover any costs of closing the site, including corrective actions. and monitoring it or providing for its security after closure and to secure performance ofall permit requirements. The 

### financial

assurance shall remain available for the duration ofthe 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 orbeyond the facility boundary when determined by the department to be necessary to protect public health, welfare. safety or the environment. for all releases ofhazardous wastes or constituents ofhazardous waste. occurring from locations within the facility or originating within the facility and releasing beyond the facility boundary, regardless ofthe 

### time the hazardous waste was placed at 

### the facility. The department shall provide to the permittee a written 

### directive for the necessary corrective action.
[Formerly 459.517; 1987 c.540 §10; 1993 c.422 §24]


## 466.107 

## Action under 

## ORS 466.105 against 

## guarantor. (1) 

### If

### apermittee is 

### in bankruptcy, reorganization. or arrangement under 

### theFederal 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 ofjudgment. any

----- --

---- -- - - -

- 

# ··6··claim arising from conduct for which evidence offinancial

• .. 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 

### ifthe actionhad been brought against the guarantor by the permittee. (2) The total liability ofany guarantor shall be limited to the aggregate amount the guarantorhas 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 ofa guarantorto a permittee including, but not limited to, the liability ofa 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) 

### Inaddition to information requested on the application form, the department shall also require the submission ofsuch information relating to the construction, development or establishment ofa proposed hazardous waste storage or treatment site 

### andfacilities 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 

### thedepartment for managing, operating, constructing, developing or establishing

a hazardous waste disposal site must contain the following: (1) The 

### managementprogram for the operation ofthe site, including the person to be responsible for the operation ofthe site and a resume ofthe qualifications of

### theperson, the proposed method ofdisposal, 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 ofthe size 

### andtype offacilities to beconstructedupon the site, including the height 

### and type of fencing to be used, the size and construction ofstrUCtUrI:S or buildings, warning signs, notices and 

### alarms to be

### used, the type of drainage and waste treatment facilities andmaximum**~acity** ofsuch facilities, the location 

### andsource ofeach**~arer** supply to be

### used and the location and 

### thetype 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 ofthe lands included within such site. (5) A preliminary geologist's 

### survey report indicating . land formation, location ofwater

### resources and direction of

the flows thereofand the opinion ofthe geologist relating to possible sources ofcontamination ofsuch water resources. (6) The names and addresses ofthe applicant's current
or proposed insurance carriers, including copies of insurance policies then in effect.
[Formerly 459.540; 1987 c.540 §23] 

## 466.120Required 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 ofthe applicant and the exact location ofthe proposed storage or treatment site. (2) Estimates with respect to compositions, quantitjes and concentrations ofany 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 ofthe operational plan for the sire, including handling methods, storage or treatment methods, hours and days ofoperation and a preliminary engineering sketch showing layout ofthe site, location ofwater supply and drainage facilities and traffic flow.

. (4) A description ofsecurity measures at the site . including, but not limited to, type, height and location of fencing, manner for controlling access to the site, alarm systems and warning signs. (5) The name ofany person who will be responsible for managing the operation ofthe site and a statement ofthe qualifications of

### such persons. (6) The name ofthe 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 ofthe permit application. (2) The notice shall contain information regarding the approximate location ofthe 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 apublic 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 

### berepresented 

### in 

### supportofor in opposition to the application.
[Formerly 459.560]



## 466.135 Recommendations by 

## state agencies on applications; effect. Upon receipt of

### anapplication for a hazardous waste, disposal site permit, 

### the department shall 

### cause copies ofthe application to 

### besent 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 

### asto whether the permit application should be granted. If the Health Division recommends against granting the permit, the commission mustrefuse 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 ofapplications; 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 

### thedepartment's recommendations umfi:rsubsection (1) of

### this section, the commission shall 

### deem: whether or not to 

### issue the permit. It shall cause notice ofits decision to 

### begiven to the applicant by certified 

### mail <II

### theaddress designated in the application. The decision of

### the commission 

### is subject tojudicial review under ORS 183·.480.
[Formerly 459.580; 1987 c.54O §27] 

## 466.145 Review oftreatment applications; isIRaDce. (1) The department shall review and cause to',beiaYestigated all 

### hazardous waste treatment site permit 

### appifGIions submitted to it. (2) After reviewing 

### andinvestigating the application, tfut dEpartment shall 

### decide whether or not to issue the 

### pemJis. It shall cause notice ofits decision to be given to the applicant by certified mail at the address designated in the application. The decision ofthe department is subject to 

### (/,,0', ", review by the commission under the provisions ofORS 183.310 to 183.550 governing contested cases. [Formerly 459.585; 1987 c.54O §28] 

## 466.150Permit requirements. Each hazardous waste disposal site 

### permitteeunder 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 ofthe hazardous waste disposal site on completion ofthe project and not to permanently discontinue such operation, management or supervision ofthe site without the approval of the department. (3) Maintain sufficient liability insurance or equivalent 

### financial assurancein such amounts as determined by the department to 

### bereasonably necessary to protect the environment, and the health, safety and welfare ofthe people ofthis state. (4) Establish emergency procedures and safeguards necessary to prevent accidents and reasonably foreseeable 

### risks. (5) Restore, to the extent reasonably practicable, the,/

# 0

site to its original condition when use ofthe area is 

### fi,2\;" terminated as a site. "i:;)I (6) Maintain 

### acash bond or other equivalent 

### financial

assurance in the name ofthe 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 ofpermit 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 ofthe permit 

### and 

### until the end ofthe post-

, closure period, except as the 

### assurance maybe released or

modified by the department. (7) 

### Reportperiodically on the volume ofmaterial received at the site, the 

### fees collected therefor and waste minimization activities for any hazardous waste generated on the premises. (8) Maintain otherplans 

### 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: Section5. c:hapIzr284. OregonLaws 1987. aDd sec;tion 55. ,'" cl1aplu540, OregonLaws 1987, bomprovide: 

# i ,(

Sec. 5. The requimDeDa of ORSc:hapIzrs 92, 195aDd 197**~J** odler SWI: aDd loca1lawsfordie sale or deeding ofland do DOt apply_lO:

_ 

# ··8·>Ii

## 466.155 

## Acquisitionby 

## 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 requiredof

### everygenerator, 

### 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 

### anyfederal 

### funds budgeted thereforby legislative action, to 

### carryon the monitoring, inspection and surveillance program established Under ORS 466.195 and to coverrelated administrative costs. All such fees are continuously appropriated to the department to pay 

### thecost ofthe program under ORS 466.195. (2) A generaror assessed an annual fee established**er** subsection (1) of

### this section shall pay only 

### thatpart of e annual fee 

### thatexceeds the amount paid 

### in the previous
'-

. Calendaryearunder ORS 465.375 (3).

. [Formerly 459.610; 1987 c.540 §29; 1991 c.721 §3) [Formerly**4~9** .595] .


## 466.160 

## Sitepermit fees; disposition; withdrawal by 

## permittee. (1) The hazardous waste treatment, storage or disposal site permit shall require a fee based either on the volume ofmaterial accepted at the site or a percentage ofthe fee collected, orboth. The fees shall be calculated in amounts estimated to produce over the site use period a sum sufficient to: (a) 

### Secure performance ofpermit requirements; (b) Close the site; (c) Provide for any monitoring or security ofthe 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 ofthe financial assurance 

### requiredunder ORS 466.150 (6), the permittee shall 

### be allowed to withdraw the 

### financial

assurance. (3) 

### Ifthe site is closed before the fees reach an amount equal to the financial assurance, appropriate adjustment shall be made and the reduced portion ofthe financial assurance may 

### be withdrawn. 

# • (1) Anyportion 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 baclcto 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 baclcto 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 ofORS 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) 

### Ifthe 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 ofsubsection (2) ofthis section. (2) The department may, upon direction o.f the . commission and upon payment ofjust compensation, acquire and own an existing facility or site for 

### usein the disposal, storage or treatment ofhazardous waste. 

### In**or~er** to secure such a site, the commission may modify or waive any of-the requirements ofORS chapter459 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 ofthe 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 ordisposal ofany hazardous waste if appropriate to protect public health, welfare or safety orthe environment or to prolong the 

### useful life ofa hazardous waste 

### disposal site. (2) The department shall monitor the origin and volume ofhazardous waste received at a hazardous.waste treatment or 

### disposal site and may curtail or reduce the

. volume ofthe wastes 

### thatmay 

### be accepted for disposal as necessary to prolong the 

### useful life ofthe site. (3) The department may restrict or prohibit the 

### disposal ofnonhazardous 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 ofthe 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 ofORS 183.310 to 183.550. Judicial review ofall orders entered after hearing or where no hearing is requested shall be in accordance with the applicable provisions ofORS 183.310 to 183.550 forjudicial review ofcontested cases.

[Formerly 459.670; 1987 c.540 §14]


## 466.200 Procedure for emergencies. (1) Whenever, in thejudgment ofthe department from the results 'ofmonitoring or surveillance ofoperation ofany generator, air or water transporter or hazardous waste disposal, storage
or treatment site, 

### there is reasonable cause to believe thata clear andimmediate danger to the public health, welfare or safety or to the environment exists from the continued operation ofthe site, without hearing or prior notice, the department shall order the operation ofthe site halted by service ofthe 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 reliefrequired to protect the public health, welfare or safety or the environment and may begin proceedings to revoke the permit 

### ifgrounds 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 ofany officer, employee

or representative ofthe 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 ofenforcing the provisions of ORS 466.005 to 466.385, any officer, employee or representative ofthe department may: 

# «0' (a) Enter at reasonable times any establishment or

### :(~ other place where hazardous waste is or has been generated, stored, treated, disposed ofor transported from: and ' (b) Inspect and obtain samples from any person ofany such waste and samples ofany 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 ofany generator, air or water transporter or hazardous waste disposal, storage or treatment site is unsafe

or that the operation is in violation ofthe provisions ofORS 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) ofthis section, the department is satisfied that sufficient grounds exist tojustify a hearing upon the complaint, it shall give 10 days' written notice ofthe time and place ofthe hearing and the matters to be considered at the hearing. A copy ofthe complaint shall be furnished by the 

### department to the respondent. Both the complainant and the respondent are entitled to be heard, produce evidence and offer 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 ofthe 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 tojudicial review in the

# mannerprovided by ORS 183.480 forjudicial review oforders in contested cases. The costs ofreporting and oftranscribing the hearing for the purpose ofjudicial review shall be paid by the party seekingjudicial 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 ofany 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 ofthe site. (2) The department may, after it 

### has made an investigation under subsection (1) ofthis section. without notice and hearing, make such findings andorders as it considers 

### necessary from the results ofits investigation. (3) The findings andorders made by the department under subsection (2) ofthis section may: (a) Require changes in operations conducted, practices utilized andoperating procedures'found to 

### be in violation of ORS 466.005 to 466.385 and466.890 or the rules adopted thereunder. , (b) Require compliance with the provisions ofthe permit.

, (4) The department shall deliver a certified copy ofall orders issued by it under subsection (2) ofthis section to the respondent or the respondent's ,duly authorized representative at the address furnished to the department in the permit application. The order shall take effect 20 days after the date ofits 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 ofa hazardous waste or a substance which would be a hazardous waste except for the fact that it is not discarded, 

### uselessor unwanted, who causes or permits any disposal of such waste or substance in violation oflaw or otherwise than as reasonably intended for normal use or handling ofsuch 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 

### bethe obligation ofsuch 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) ofthis 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) ofthis**.~.~.'** 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) ofthis section.(6) If the amount ofstate-incurred expenses under subsections (3) and (4) of this section are not paid to the department within 15 days after receipt ofnotice that such expenses are due and owing, the Attorney General, at the request ofthe director, shall bring 

### an action in the name of 

### .theState of Oregon in any court ofcompetentjurisdiction to
recover the amount specified in the final order ofthe director. (7) 

### All expendiru.res covered by 

### this section and all penalties and damages for which a person is liable to the state underthis chapter and ORS chapter465 shall constitute a lien "upon any 

### real and personal property owned by such person. (8) The department 

### shall file a claim oflien on 

### real property to be charged with a lien under subsection (7) ofthis section with the recording officer ofeach county in which the real property is located and shall file a claim of lien on personal property to 

### becharged with a lien under subsection (7) of

### this section with the Secretary ofState. The lien shall attach and become enforceable on the 

### dateofsuch filing. The lien claim shall contain: (a) A statement ofthe demand;

. • (b) The 

### name of the person against whose property the**\~en** attaches; (c) A description ofthe property charged with the lien sufficient for identification; and (d) A statement ofthe 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 ofother liens. (10) Nothing in this section shall affect the right ofthe state to bring an action against any person to recover all costs and damages for which the person is liable under the provisions of

### thischapter.
[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 ofORS 466.005 to 466.385 and 466.890 or the rules and orders adopted thereunder or of the terms ofthe 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] 

## 466.215Post-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 ofthe 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 

## 466.225Monitoring site; access. (1) 

### If the department determines that the presence ofhazardous waste at a facility or site at which hazardous waste is or has been stored, 

### treated or disposed of, or 

### thatthe 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 ofthe facility or site to conduct any monitoring, testing, analysis and reponing as the department considers 

### necessaryto 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) ofthis section and the department finds that the owner ofthe facility or site could not reasonably be expected to have actual knowledge of the presence ofhazardous waste at the facility or site and of its potential for release, the 

### department may order the most recent previous owner or operator ofthe facility or site, who could most reasonably be expected to have such actual knowledge, to carry out the actions required in subsection (1) ofthis section. (3) Within 30 days after the department issues an order under subsection (1) or (2) ofthis 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 ofthe 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) ofthis section in a manner satisfactory to the department, or ifthe 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 ofthe 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 ofconducting the monitoring, testing or analysis. (5) The depanment may not require an owner or

. operator to reimburse the department for the costs ofany action carried out by the depanment under subsection (4) of this section 

### ifthe department's actions confirm the results of monitoring, testing, analyses orreponing conducted by an

owner or operator under subsection (1) or (2) ofthis 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 ofthe site or facility 

### shall allow necessary access according to the requirements of ORS 466.195 to the department or any state agency, local authority or person conducting the monitoring, testing or analysis 

### required under subsection (4)(a) ofthis 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 ofPCB.
[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 

### withouta 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 ofdepartment. TW:.. depanment shall: 

# 1r>; (1) Provide.for the administration, enforcement and

### ~2{hJ implementation ofORS 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 ofa PCB disposal facility; and (b) For the permitting ofa PCB disposal facility in consultation with the appropriate county governing body or city council. (2) Coordinate and supervise all functions ofstate and local governmental agencies engaged in activities subject to the provisions ofORS 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 ofPCB disposal. In accordance with applicable provisions of ORS 183.310 to 183.550, the commission shall: (1) Adopt roles 

### andissue orders, including 

### but not limited to establishing minimum requirements for the 

### disposal ofPCB, minimum 

### rcquircments for operation, mainrenancc, monitoring, reporting 

### andsupervision of

### disposal facilities. and requirements and procedures for selection of

### such facilities. (2) Adopt roles and issue orders relating to tbc (

... "\ procedures ofthe department with respect to heariDgs.

### fil~~**~1** ofreports. submission ofplans 

### 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]


## 466.270Criteria for rules; study of disposal methods. (1) In adopting rules under ORS 466.265 regulating the disposal ofPCB including, but not limited to, rules for the operation and maintenance ofa PCB disposal facility, the commission shall provide for the best practicable disposal ofthe PCB in a manner that will minimize the possibility ofadverse 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) ofthis section and ORS 466.265 and shall 

### reportits findings and recommendations to the commission.
[1985 c.670 §17] 

## 466.275Permit 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 ofthe**~cility** including the person to be responsible for the _eration of the facility and a resume ofthe person's qualifications. the proposed method ofdisposal, the proposed method of pretreatment or decontamination ofthe facility, if any, and the proposed emergency measures to be provided at the facility. (2) A description ofthe size and type offacility to be constructed, including the height and type offencing to 

### be used. the size and construction ofstructures or buildings. warning signs. notices andalarms to 

### be used, the type of drainage and waste treatment facilities and maximum capacity of such facilities, the location and source ofeach water supply to be used and the location and the type offire control facilities to be provided at the facility. (3) A preliminary engineering sketch andflow chart showing proposed plans and specifications for the construction and developmentofthe 

### disposal facility andthe waste treatment and water supply facilities, 

### ifany, 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 ofthe lands included within the facility. (5) A geologist's survey

### reportindicating land formation, location ofwater resources and direction ofthe flows thereofand the geologist's opinion relating to the potential ofcontamination ofwater resources including but .."ot limited to possible sources ofsuch contamination. I.. (6) The names andaddresses ofthe applicant's current

<, - orproposed 

### insurance carriers, including copies ofinsurance policies then in effect. [1985 c.670 §18; 1987 c.540 §40] 

## 466.280 Copies ofapplication to be sent to affected state agencies. Upon receipt ofan application for a PCB disposal facility permit, the department shall cause copies ofthe application to be sent to.affected state agencies, including the Health Division, the Public Utility Commission, the State Fish and Wildlife Commission and the 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 ofhearings 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 ofthe permit application. (2) The notice shall contain information regarding the approximate location ofthe facility and the type and amount ofPCB 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 ofproposed facility required. The commission shall conduct a public hearing 

### in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the department considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support ofor 

### in opposition to the application.
[1985 c.670 §21] 

## 466.295 Examination ofapplications; 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) ofthis section, the commission shall decide whether or not to issue the permit. It shall cause notice ofits decision to 

### be given to .the applicant by certified

. mail at the address designated in the application. The decision



## •• 13 ••

### ofthe commission is subject tojudicial 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 ofPCB 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 ofcomplaints; 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 ofa condition ofthe operator's permit or any provisions ofORS 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 ofthe complaint to the person holding the permit to operate the PCB disposal facility.
(2) 

### If, after making an investigation under subsection (1) 

### ofthis section, the department is satisfied that sufficient grounds exist tojustify a hearing upon the complaint, it shall give 10days' wrinen notice ofthe time and place ofthe hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance ofwitnesses 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 tojudicial review in the mannerprovided by 

### ORS 183.480 forjudicial review oforders in contested cases. The costs ofreporting and oftranscribing the hearing for the purpose ofjudicial review shall be paid by the party seekingjudicial review.
[1985 c.670 §24; 1987 c.540 

## §451


## 466.310Monitoring, 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 otherthan the owner or.permittee to do so. Owners and operators ofa 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 thejudgment ofthe 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

orprior notice, the department shall order the operation of the facility halted by service of the order on the facility operator or an agent ofthe operator. (2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable reliefrequired 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) and466.260 to 466.350 shall be required to do the following as acondition( (""'\, 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 ofthe PCB disposal 

### facility on completion of the project and not to permanently discontinue the operation, management or supervision ofthe facility without the approval ofthe 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 ofthe facility to its original condition when use ofthe

area is terminated as a facility. (6) 

### Maintain a 

### cash bond or other equivalent financial

assurance in the name ofthe state and

### in an amount 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 ofpermit**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 ofPCB received at the facility, their

manner ofdisposition and the fees collected therefor. (8) Maintain otherplans 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 ofORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260-to 466.350 which is stored, treated or disposed ofat the facility and the manner in which the PCB

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

### beretained for the period oftime determined by the

., \ COmmISSIon. 

### (10) Assure that all personnel who are employed by the permittee are trained in properprocedures for handling, transfer, transport, treatment, disposal and storage of PCB including but not limited to familiarization with all contingency plans. (11) Ifdisposal is by incineration, the facility must also incinerate a reasonable ratio ofhazardous 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 ofthe program under ORS 466.310.
{l985 c.670 §28; 1987 c.540 §49] 

## 466.330 Acquisition by 

## state ofreal property for disposal ofPCB. The commission 

### may acquire real 

### property for the disposal ofPCB by instituting condemnation proceedings therefor to 

### beconducted in accordance with ORS chapter 35.
[1985 c.670 §29] 

## 466.335 Consequences ofrevocation. (l) 

### Ifthe 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 ofPCB according

.•0 

### the provisions ofsubsection (2) ofthis 

### section.**:;.~** 

### (2) The department 

### may, upon direction from the commission and after payment ofjust compensation. acquire and own an existing facility for use in the disposal ofPCB. 

# - In order to secure such a facility. the commission may modify or waive any ofthe 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 ofthe 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 ofPCB at a disposal facility if appropriate to protect public health and safety or the environment. (2) The department shall monitor the origin and volume ofPCB received at a disposal facility acquired and regulated under ORS 466.335, and may curtail or reduce the volume of the PCB that may 

### beaccepted for disposal as necessary to:

. (a).Protect public health and safety or the environment; or (b) 

### Assure 

### thatthe operation ofthe 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 ofPCB accepted at the facility or a percentage ofthe 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 ofpermit requirements; (b) 

### Close the facility; (c) Provide for any monitoring or security ofthe facility after closure; and (d) Provide for any remedial action by the state necessary after closure to protect the public health and safety and the 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 ofthe financial assurance required under ORS 466.320, the permittee shall 

### beallowed to withdraw the financial

assurance. (3) 

### Ifthe facility is 

### closed before the fees reach 

### an amount 

### equal to the financial assurance. appropriate adjustment shall 

### bemade and the

## reduced portion ofthe financial assurance may be 

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



## •• 15 ••

## •

[1989 c.833 §99]



## NOTICE OFENVIRONMENTAL HAZARDS [1989 c.833 §loo]


## 466.357 Requirements for certain generators ofhazardous waste. Any person operating a hazardous waste or PCB disposal facility pursuant to a permit issued 

### underORS 466.005 to 466.385 shall not accept hazardous waste or PCB from an Oregon generator unless the generator first certifies 

### thatthe 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 ofsection 224(a) ofthe 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 

### DepartmentofEnvironmental Quality shall work with representatives ofthe States of Washington, Idaho and Alaska to establish provisions in each state to assure that any' 

### generator disposing ofhazardous 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 ofsubsection (l) ofthis 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 ofthe 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 ofuse restrictions to be imposed on the sites. which shall require at least that postclosure

### useofthe site not disturb the integrity of the final cover, liners or 

### anyother components ofany containment system or the function ofthe facility's monitoring systems, unless the department finds that the disturbance: (A) Will not increase the potential hazard to human health or 

### theenvironment; or (B) 

### Is 

### necessary to reduce a threat to human health or the environment. .: -"', (c) The form and content ofthe environmental

# ~r 

# )

notices to be filed with cities and counties. (a) Disposal sites existon 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 ofOregon's citizens, panicularly ifpresenc: 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 ofEnvironmental 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) 

### Properprecautions and maintenance cannot be taken and continued unless the location of the disposal site, the nature and extent ofits 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 ofthis state to give notice to local governments of potential hazardous disposal sites and to impose 

### userestrictions on those sites.

(1) The Legislative 

## 466.360 Policy. 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 ofthe 

### 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 ofthe 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 regulatedunder subsection (1) ofthis section. (3) Before hearings on and adoption ofrules under subsection (1) ofthis section, the department shall notify each person who owns a disposal site or an owner or operator ofa 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 ofreceipt ofnotice 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 ofOregon's citizens. (6) 

### Asused 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 

### besent 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) ofthis section. (2) 

### Ifany 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) 

### Ifno hearing is requested within 20 days after receipt ofthe 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 ofthe 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 ofEnvironmental Quality and the Department of Energy shall enter into an interagency agreement providing for the implementation ofthe provisions ofORS 466.360 to 466.385 relating to radioactive waste disposal sites.

[1985 c.273 §6]


## 466.385 Amendment ofcomprehensive plan and land use regulations; model language; appeal ofland use decision related to site requiring notice. (1) By the first periodic review. after development ofmodel 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 ofa disposal site for which the city or county has received notice under ORS 466.370 until the Department of Environmental Quality has been notified and provided the city

or county with comments on the proposed use; and (b) Within 120 days ofreceipt of an environmental hazard notice from the Department ofEnvironmental Quality, the city or county shall amend its zoning maps to identify the disposal site. (2) The Department ofEnvironmental Quality and the Department ofLand 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 ofEnvironmental Quality may appeal to the Land Use 

### Board.ofAppeals any final land use decision or limited land use decision 

### made by a city or county regarding any proposed use ofa 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 ofOregon andentered into with all otherjurisdictions lawfullyjoining the agreement in a form as provided for as follows: ARTICLE I Policy and Purpose The party states recognize 

### thatprotection ofthe health and safety ofcitizens and the environment, and the most economical transportation ofradioactive materials, canbe accomplished through cooperation and coordination among neighboring states. It is the purpose ofthis agreement to establish a.committee comprised ofrepresentatives from 

### each party state to funher cooperation between the states on emergency response and to coordinate activities by the states to eliminate unnecessary duplication ofrules andregulations regarding the transportation andhandling ofradioactive material. The party states intend 

### thatthis agreement facilitate both interstate commerce andprotection ofpublic 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 ofshipments ofradioactive material. ARTICLE 

### II Definitions As usedin 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 ofTransportation to be capable ofposing an unreasonable risk to health, safety, and property when transported in commerce, and which has 

### been so designated. (3)**-~oactive** 

### material- has 

### themeaning given that term in federal Department ofTransportation regulations found in 49 C.F.R. Sec. 173, andincludes. but is not limited to, high-level radioactive waste, low-level radioactive waste, and spent nuclear fuel, as defined in section 2 ofthe Nuclear Waste Policy Act of 1983 (96 Stat. 2202, 42 U.S.C.A. 

### Sec. 10101). (4) "Transportaricn" means the transport by 

### any
means ofradioactive material destined for or derived from any location, and

### anyloading. unloading, or storage incident to such transport. "Transportanon" docs not include permanent storage or

### disposal ofthe 

### material. ARTICLE 

### ill Regulatory Practices (1) 

### The 

### pany stares 

### agreeto develop 

### modelstandards, not in conflict with federal law or regulations, for carriers of -radioactivematerialtoprovidejnfOrmarlQn**J'~garding~** _ ___" (a) The amount and kind ofmaterial transported; (b) The mode oftransportation 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 relatedto radioactive material transportation; (d) The carrier's compliance with federal and state liability 

### insurance requirements. (2) Consistent with federal law orregulations pertaining to transportation ofradioactive material, the party states also agree to: (a) Develop model uniformprocedures 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 ofshipments ofradioactive 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 ofcarriers; and (h) Develop other cooperative arrangements and agreements to enhance safety.

- (3) The party states also agree to coordinate

. emergency response training and preparedness 

### drills among the party states, Indian tribes, and affected political subdivisions ofthe party states, and, ifpossible, with federal agencies. (4) 

### The party states recognize thatthe transportation management ofhazardous materials is similar in many respects to 

### thatofradioactive materials. The party states, therefore, 

### agreeto confer as to transportation management 

### andemergency 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 conferwith 

### appropriatelegislative committees and with otherofficials ofthat state responsible for managing transpOrtation ofradioactive material andwith affected 

### Indian tribes 

### andbe responsible for administration ofthis 

### agreement. The officials so designated shall togethercomprise the 

### PacifiC'

..

# c:

States Radioactive Materials Transportation Committee.**The~.** 

### ./ committee shall meet as 

### required to consider and, where**.~**

_**_~ry,** coordinalc maners addressed in thisagreement. 

# ··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 ofchlorinated biphenyl,' terphenyl, higher polyphenyl, or mixtures ofthese 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 ofthese compounds, that have functional groups , attached other 

### thanchlorine unless that functional group on the chlorinated biphenyls. terphenyls, higher polyphenyls, 

### .or mixtures thereofof 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 ofradioactive material transported to and from the Hanford Nuclear Reservation in the State ofWashington, passes through the center ofthe 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 ofthe Confederated Tribes ofthe Umatilla Indian Reservation on transportation matters and shall consider, to the extent practicable, the suggestions ofthe Confederated Tribes ofthe 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 

### asprovided in ORS 

### 466.515, beginning January I, 1980, aperson shall not sell. manufacture for sale, or use in 

### this state 

### anitem, product or 

### material iftheitem, product

or material contains a concentration ofPCB equal to or greater 

### than 100 ppm. (2) 

### The commission by rule may prescribe a lower 

### maximumconcentration ofPCB for specific items, products

or materials ifit finds the 100 ppmConcentration specified in subsection (1) 

### of

### this section to be 

### inadequate to protect the public health from the toxic dangers ofthe 

### PCBcontained 

### in thatitem. product or material. However, 

### anitem, 

### product

### or materialfor which 

### a lower 

### maximumconcentration of

### PCBis prescribed by 

### federal law, rule or regulation 

### shall not be allowed a concentration ofPCB 

### higher 

### thanthatfederal

•maximum.

[Formerly 468.9031 )- See note under 466.450. 

### Note:

Severability 

### If any provision of this agreement. or its application to any person or circumstance. is held to be invalid, all other provisions ofthis agreement. and the application of all ofits provisions to all other persons and circumstances, shall remain valid; and to 

### this end the provisions ofthis agreement 

### areseverable. '

[1987 c.86 §2] 

## 466.455 Governor to designate member. The Governor shall 

### designate an official to serve as a member ofthe 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 Assemblybut were not addedto or madea part ofORS chapter466 orany series therein by legislative action. SeePreface to Oregon Revised SraDltU for further explanation. 

### The parties shall inform the committee ofexisting 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 ofother 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 

### areeligible to become a party to this agreement. As 

### to any eligible party I 

### 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) 

### ofthis article, any eligible party state may become aparty to this agreement by, the execution ofan executive order by the governor ofthe state. Any state which becomes aparty 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 wx1er466.450.

# ;~! 466.460 ConfederatedTribes of the . Umatilla Indian Reservation to be consulted. (1) 

### The State ofOregon 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 capacitorpursuant to rules ofthe commission to insure the public health. However, upon adequate documentation of the availability ofreasonable 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, aperson shall not dispose ofsolid or liquid waste resulting from the


### useof PCB or an item, product or material containing or which has contained a concentration equal to or greater than 100 ppm ofPCB 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; 1989e.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, higherpolyphenyls,.oL

...**~~** 

### __ -'

.

[1987e.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; renumbered465.255 in 1989J

[1987 c.n5 §16; renumbered465.33S 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; renumbered465.320 in 19891 [1987 c.735 §1l; renumbered465.260 in 1989] [1987 c.735 §5; renumbered 465.420 in 1989]

[1987 c.735 §7; 1989c.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; renumbered465.205 in 1989] 

# (Q

'[1987 c.735 §6; 1989c.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 ofPCB. (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 ofPCB- means 

### conccmrations ofPCB which are

### beyond the control ofthe person and which 

### arenot the result ofthe person having: (a) Exposed 

### the item. product or material 

### to concentrations ofPCB. (b) 

### Failed to take 

### reasonable'measures to rid the item, product or material ofconcentrations ofPCB. (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 certificateon forms provided by the department. The department may require additional information or materials to accompany the application 

### asit considers necessary for an accurate evaluation ofthe application.



# ··20··

## 466.587 [1987 c.735 §18: 1989 cA85 §11: renumbered465.375 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 ofa 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) or468B.320. (4) "Commission" means the Environmental Quality Commission.
• (5) "Department" means the Department of

, .." Environmental Quality. (6) "Director" means the Director ofthe 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 chapter431 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 petroleumrelated 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 thereofand the

• Federal Government and 

### any agency thereof. \. , , (10) "Reponable quantity" means one ofthe**.~** 

### 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 ofthe 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 ofradioactive material, radioactive substance or radioactive waste; (D) 

### If spilled into waters ofthe state, or escape into waters ofthe 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) 

### Ifspilled on land, any quantity ofoil 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 ofoil 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 ofthe state. as defined in ORS 468B.005. except as authorized by a permit issued under ORS chapter454, 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 orwaters ofthe 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 ofoil and hazardous material

. , (2) Advise, consult. participate and

### cooperate with other agencies ofthe 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 ofhazardous material. Any person owning or having control over any oil or hazardous material who has knowledge ofa spill or release shall immediately notify the Office ofEmergency Management ofthe Department ofState Police as soon 

### as that person knows the spill or release 

### is a reportable quantity. [1985 c.733 §6] hazardous material, regardless ofthe medium into which the oil or hazardous material is spilled or released. ". /

........ (2) Establishing procedures for the issuance, 

## I C·-, modification and termination ofpermits, orders, collection of '. recoverable costs and filing ofnotifications. (3) Any otherprovision consistent with the provisions ofORS 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 ofthe 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 

### thatthe hazardous material; 

### because ofits 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 orhazardous material spilled or released or threatening to spill or release 

### shall bestrictly liable without regard to fault for the spill or release orthreatened spill or release. However, in any action to recover damages, the person shall 

### berelieved from strict liability without regard to fault 

### ifthe person 

### canprove that the spill or release ofoil or

.hazardous material was 

### caused by: (1) An act ofwar or sabotage or an act ofGod. (2) Negligence on the part ofthe United States Government or the State ofOregon. (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 ofEnergy 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 ofORS 183.310 to 183.550, the commission may adopt rules including but not limited to: (1) Provisions to establish that quantity ofoil or hazardous material spilled or released which shall 

### bereponed under ORS 466.635. The commission may determine that one single quantity shall 

### bethe 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 ofORS 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 

### theprovisions ofORS 453.317 (1) to (6), 453.510, 453.825 

### and453.835, and after consultation with the Interagency Hazard Communications Council, the Oregon State Police, the Oregon Fire Chiefs Association and any other appropriate agency or organization.

. cleanup ofoil 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 ofORS 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 ofinformation regarding the containment, collection, removal or cleanup ofoil and hazardous material. (5) Provide advisory technical consultation and services to units oflocal government and to state agencies. (6) Develop and conduct demonstration programs in cooperation with units oflocal government.

. (7) Perform all other acts necessary to carry out the duties, powers and responsibilities ofthe 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 

### GeneralFund in the State Treasury. erest earned on the 

### fundshall 

### be credited to the fund. "'-Moneys received by the Department ofEnvironmental Quality for the purpose ofoil 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 ofthe department. Any person liable for a spill orrelease. or

athreatened 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 

### ofoil or hazardous material involved; and (c) Evaluate the extent ofdanger to the public health, safety, welfare or the environment. (2) 

### Ifany 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 ofthe spill or release or the threatened spill or release. (3)'lWhenever the department is authorized to act under subsection (2) ofthis section, the department'directly or by contract may undertake such investigations, monitoring, surveys, testing and otherinformation gathering as it may deem appropriate to identify the existence and extent ofthe

• '11 or release, the source and nature ofoil or hazardous erial involved and the extent ofdanger 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 thereofand 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, repealedby 1987 c.73S §27]

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

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

[198S c.733 §l2; 1987

## e.isa 190; repealedby 1989 c.833

[1985c.733 §l3; 1987c.lS8 191; repealedby 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 ofORS 466.605 to 466.680 including the payment of personnel costs ofthe department or any other state agency related to the enforcement ofORS 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 aperson required to clean up oil orhazardous 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 ofall 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 orhazardous material when obligated to do so under ORS 466.645 shall 

### be liable to the department for damages not to exceed 

### three times 

### theamount 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 ofdamages, not to exceed treble damages, and the expenses incurred by the state in carrying out the action authorized by 

### this section. The ordermay 

### be appealed in the

mannerprovided for appeal ofa contested case order under ORS 183.310 to 183.550

. (S) 

### Ifthe amount ofstate incurred 

### expenses and damages 

### underthis 

### 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 of466.705)] (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 otherpetroleum related product or fraction thereofthat is liquid at a temperature of60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. (13) "Owner" means the owner ofan underground storage tank. (14) "Permittee" 

### meansthe owner or 

### aperson designated by the owner who is in control of or has responsibility for the daily operation or maintenance ofan underground storage 

### tankunder 

### apermit 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 ofa state or any interstate body, any commercial entity or the Federal Government or any agency ofthe 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 ofa regulated

substance from an underground storage tank into the 

### air or into oron 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 systemorvaporcontrol system through direct displacement by 

### thegasoline' 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 oftanks and underground pipes"connected to the tank, 

### used to contain an accumulation of a regulated substance, and the volume ofwhich, including the volume of the underground pipes connected to the tank, is 10 percent or
more beneath the surface ofthe ground. (21) 'Waters ofthe state" has the meaning given that term in ORS 468B.OO5. [1985 c.733 §20: repealedby 1987 c.735 §27] [1985 c.733 §19: repealedby 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 ofthe director. shall bring an action in the name of the State ofOregon in a 

### courtofcompetentjurisdiction to
recover the amount specified in the notice ofthe 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 

### andloan association, credit union, national banking association, federal savings and loan association, cooperative financial institution regulated by an agency ofthe 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 ofa regulated substance. "Corrective action" includes but is not limited to: (a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation

or monitoring ofa hazard or potential hazard or threat, including migration ofa regulated substance; or (b) Transportation, storage, treatment or disposal ofa 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 ofmotor 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

### thanthe permittee who 

### by guaranty, insurance, letter ofcredit or other acceptable device, provides 

### financial responsibility for

an underground storage tank as 

### requiredunderORS 466.815. (9) "Healing oil tank" has' the 

### meaninggiven 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 oflaw 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 

### oilor gas production and gathering operations. (9) Storage tank situated 

### in an underground area ifthe storage tank is situated upon or above the surface ofa 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) ofthis 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 ofcontamination 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 ofunderground 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 

# "C

c.539 §4 (enacted 

### in lieu of468.902); [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 ofa 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 ofa state program for the regulation ofunderground storage tanks under the provisions ofSection 9004 ofthe 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 ofgovernment 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 ofgovernment ofthis state 

### thatencompasses 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 ofgovernment; or (b) Adopted by a local unit ofgovernment operating

an underground storage tank program pursuant to a contract entered into according to the provisions ofORS 466.730. 

### [1987 c.S39 §8 (enacted 

### in lieu of468.904)]

Note: Section2. chapter 651, Oregon Laws 1993.provides: Sec.2. On or beforeJanuaryI, 1994.theDcpanmem of EnvironmentalQuality shall develop andsubmitto cities and countiesmodelordinances compatiblewithstateregulations that arc designedto insure proper smrage andtreatmentofpetroleum contaminated soils. The modelordinances shall include a range of regulatorymcdIod.s and levels of rcgu1arion and shall address: (1)Locationof soil pile and treatJ1Iem area; (2) Quantity of soil to be IrCated; (3) ProtectionofDOncontam;Nr.ed soils. ground wateror surface water; (4) Comrol ofswfau waterIUDOfffrom or surface water NIming iJuo the treatmenl area; (5) Appropriamsitesecurity to prcvcm unauthorizedsiD: emry; and (6)Approprian: time frame for treatmeIll ofconcuninatedsoils. [1993c.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 ofremedial 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 

### actionor tank replacement. (2) Nothing in this section shall be construed to prevent a local unit ofgovernment that owns, leases or operates a site for the disposal, transfer, recovery or treatment ofsolid waste from charging a fee for disposal 

### or treatment ofsoil at such site.

[1993 c.661 §4] 

## . 466.730 Delegation ofprogram 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 ofthis state or a local unit of government to administer all or pan ofthe underground storage tank program.

. (2) Any agency ofthis 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 ofthe program the agency or local unit ofgovernment proposes to administer in lieu ofall or part ofthe state program. The program description shall include at least the following: (a) 

### A description in narrative form ofthe scope, structure, coverage and procedures ofthe proposed program. (b) A description. including organization charts. ofthe organization and structure ofthe contracting state agency or ' local unit ofgovernment 

### that

### willhave responsibility for administering the program. including: (A) The number ofemployees. occupation and general duties ofeach employee who 

### will carry out the activities of the contract. (B) An itemized estimate ofthe cost ofestablishing and administering the program. including the cost of 

### personnel listed in subparagraph (A) ofthis paragraph and administrative and technical suppon. (C) An itemization ofthe 

### source andamount of funding available to the comracting state agency or local unit ofgovernment to meet the costs listed in subparagraph (B) of this paragraph. including any restrictions or limitations upon this funding. (0) A description ofapplicable procedures. including permit procedures. (E) Copies ofthe permit form. application form and reponing form the state 

### agency or local unit ofgovernment intends to use in the program. (F) A complete description ofthe methods to be 

### used to assure compliance 

### andfor enforcement ofthe program. (G) A description ofthe procedures to be 

### used to coordinate information with the department. including the frequency ofreponing and 

### report content. (H) A description of the procedures the state agency or local unit ofgovernment 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 ofORS 466.706 to 466.845 and 466.895. (4) An agency or local unit ofgovernment shall exercise the functions relating to underground storage 

### tanks authorized under a contract or agreement entered intOunder . 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 ofgovernment 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 ofthe Department ofConsumer and Business Services or the State Fire Marshal. or any other state agency
or local unit ofgovernment relating to combustion and explosion hazards. hazard communications or land use. The complementary relationship between the protection ofthe public safety from combustion and explosion hazards, and protection ofthe public health, safety, welfare and the environment from releases ofregulated substances from underground storage 

### tanks is recognized. Therefore, the department shall work cooperatively with the Department of Consumer andBusiness Services, the State Fire Marshal and local units ofgovernment in developing the rules and procedures necessary to carry out the provisions of ORS 466.706 to 466.845 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

### Mrfother rule adopted under ORS 466.706 to 

### 466.84S and 

### 466.89S.

. [1987 c.539 

### §ll]



## 466.745 [1987 ""39 §13 (enactedin lieuof 468.9(8); 1989 c.l071 U22. 

### zt. 43a. 43b. 29a; repealed by 1991 c.863 §l3 (466.746 ena=d in lieu of466.745») 

## 466.746 Commission roles; considerations. (1) The commission 

### mayestablish 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 ofpublic 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 ofan 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 ofregulated substances and sellers ofunderground 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 ofmoneys 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 

### soilassessment 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 ofORS 466.706 to 466.845 and 466.895. (2) So long 

### as requirements are administered uniformly within 

### each 

### areaor region ofthe state, the commission may adopt different requirements for different
areas or regions ofthe state if the commission finds either of the following: (a) More stringent rules or standards are necessary: (A) T9 protect specific waters ofthe state, a sole


### sourceor sensitive aquifer or any other sensitive environmental amenity; or (B) 

### Because conditions peculiar to 

### that

### areaor 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 ofthe 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 ofthe tanks; (b) Soil and climate conditions; (c) Uses ofthe 

### tanks; (d) History of

### maintenance; (e) Age ofthe tanks; (f) Current industry recommended practices; (g) National consensus codes; (h) Hydrogeology; (i) Water table; 

### (j) Size ofthe tanks;

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

### tank;

. (L) The technical ability ofthe owner or permittee; and (m) The compatibility ofthe regulated substance and the materials ofwhich the tank is fabricated. (4) 

### In adopting rules under subsection (1) ofthis 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 of466.745)] 

## (Licenses; Permits)
466.750 License procedure for persons servicing underground tanks. (1) 

### Inorder 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 

### assurethe highest degree ofleakprevention from underground storage tanks and to 

### insurethe appropriate cleanup ofoil 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 ofthe 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 ofthe department, the ability to service underground storage 

### tanks and hearing oil 

### tanks. This demonstration ofability may consist of

### written or field



## .* 27 

## .*

### examinations. The commission may establish different types oflicenses for different types ofdemonstrations, including but not limited to: (a) Installation, removal, retrofit and inspection of underground storage tanks; (b) 

### Tank integrity testing; (c) Installation ofleak detection systems; (d) Cleanup ofsoil contamination resulting from spills

or releases ofoil from underground storage 

### tanks; and (e) Cleanup ofsoil contamination resulting from the release ofheating oil from heating oil 

### tanks under ORS 469.228 to 469.298 and 469.991. (4) The program adopted under subsection (1) ofthis section may allow the 

### department after opportunity for hearing under the provisions ofORS 183.310 to 183.550, to revoke a license ofany person offering underground storage tank orheating 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) ofthis 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 offees for licensing under the program. The fees shall be in an amount sufficient to cover the costs ofthe department in administering the program. (6) The following persons shall apply for an underground storage tank permit from the department: (a) An owner ofan underground storage tank currently in operation; (b) 

### An owner ofan underground storage tank taken out ofoperation between January I, 1974, and the operative date ofthis section; and (c) 

### An owner ofan underground storage tank 

### thatwas taken out ofoperation 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 tankunless the tank is operating under a permit issued by the department. (3) Any person who assumes ownership ofan underground storage tank from a previous permittee must complete and return to 

### the department an application for a

new permit before 

### theperson begins operation ofthe underground storage tank under the new ownership. (4) Any person who deposits a regulated substance into an underground storage 

### tankor sells an underground storage tank shall notify the owner oroperatorofthe tank of the permit requirements ofthis 

### 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 ofthe real property in which an underground storage tank is located; and (c) The proposed permittee, if a person other than the

owner ofthe'underground storage 

### tankor 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 ofan underground storage 

### tankshall: (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 ofinvestigating, 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 

### requirementadopted under ORS 465.200,466.706 to 466.845,466.895 and 478.308.
[1987 c.539 §20 (enacted 

### in lieu of468.905)] 

## 466.770 Corrective action required on contaminated site. (1) If

### anyowner 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) ofthis 

### section. including charges for

### {-~\ services performed and the state's equipment 

### andmaterials**,~../** 

### utilized.

.



## ··28 ••

### (3) Any owner or permittee ofacontaminated 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 compiledby the department under subsection (2) ofthis section, the commission shall make a finding and enter an order against the person described in subsection (1) 

### or (3) ofthis 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

mannerprovided for appeal ofa contested case orderunder ORS 183.310 to 183.550. (5) 

### Ifthe amount ofcorrective 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 ofnotice that such expenses are due and owing, or, if an appeal is 

### filedwithin 15 days after the court renders its decision if the decision affirms the order, the Attorney General, at 

### the request ofthe director, shall bring


### anaction in the name ofthe State ofOregon in a court of competentjurisdiction to recover the amount specified in the notice of the director. (6) 

### Subsection (5) ofthis section shall not apply if the department and the responsible person are negotiating or have '/ .ed into a settlement agreement, except that ifthe



### ., bnsibleperson 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 tankinto the 

### air or on any lands or waters of the state, 

### sothat

### such regulated substance may enter the environment, be

### emittedinto the 

### air or disch.arged into any

### waters. Such contamination authorized by and in compliance with a permit 

### issued under ORS chapter454, 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 ofpermit, (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 ofany applicable provision ofORS 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 apermit according to the provisions ofORS 183.310 to 183.550 for a contested case proceeding.

[1987 c.539 §21] 

## 466.780Variance upon petition. (1) 

### Upon petition by the owner and the permittee ofan underground storage tank, the commission may grant a variance 

### from the requirements ofany rule or standard adopted under ORS 466.746 if the commission finds: (a) The alternative proposed by the petitionerprovides protection to the public health, safety, welfare and the environment, equal to or greaterthan 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) 

### ofthis section only if the commission finds • that strict compliance with the rule or standard is .' inappropriate because: (a) Conditions exist that are beyond the control ofthe petitioner; or (b) 

### Special physical conditions or other 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 ofthe 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. 

### Ifthe 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 berequired of every 

### permittee ofan 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 

### andreinvest moneys in the 

### Underground Storage Tank Insurance Fund in 

### the mannerprovided 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 ofthe underground storage tank 

### insurance premium copayments established under sections 38 to 46, chapter 863, Oregon Laws 1991; and

. (b) 

### Payment ofthe department's costs in administering the Underground Storage TankInsurance Fund, which shall be 

### limited to five percent ofthe premiumcollected.

Note: SectioD '. chap1I:r935, Oregon Laws 1989, provides: Sec. 5. IfdieSupmoc Coundeclares dW section 147, chapter 833, OregonLaws 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 seaion2. Article

## vm. or section 3

.. Anic!e IX of theOregon 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 StongeTanklnsuranl:e Fundis eslIblisbcd sepuaa: anddisl:iDI:rfrom !beGeDenlFundin theStaa: Treasuryto beused solely for thepwpose of salisfying diefinaDcial

- . respoosibilily requ.iremI:ms of

## oas466.815. 

# in
(2) Feesreceived by !be dcpanmcIllpwsuaIIlto subsCc:tion (6) of

### ~_) this SCdioD, shaI1 bedeposited imo !be SlamTreasuryand credited
to die Underground StongeTankInsunD: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 of466.790); 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 ofsatisfying the financial responsibility requirements ofORS 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 ofthe 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 mannerprovided by law. (4) The moneys in the Underground Storage Tank Compliance and Corrective Action Fund are 

### appropriated continuously to the department 

### to 

### beused as provided in subsection (5) 

### ofthis 

### 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 section4, chapter 

### 1071, Oregon Laws 1989; (b) 

### Repaying moneys advanced 

### underORS 293.205 to 293.225 to allow the department to begin 

### operating the grant 

### and loan programs established pursuant to 

### section4, chapter 1071, Oregon Laws 1989, or servicing any debt incurred by the fund; (c) Administration ofthe 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 lieuof 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 ofthe department or the duties of a state agency or local unit ofgovernment that has contracted with the department under ORS 466.730. Such fees shall not exceed $35per tank 

### per year. (2) Fees collected by the department under this section shall be deposited in the State Treasury to the credit ofan account ofthe department. All fees paid to the department shall be 

### continuously appropriated to the department to carry out the provisions ofORS 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 mannerprovided by law. (4) The moneys in the Underground Storage Tank Insurance Fund

are appropriated continuously to the department to be used as provided for in subsection (5) ofthis section.

. (5) Moneys in the Underground Storage TankInsurance Fund may be used by the departmentfor the foUowing purposes. as they pertain to underground storage t3nks: (a) Compensation to the department or any otherperson. for taking corrective actions: and (b) Compensation to a third party for bodily injury and property damage caused by a release; and (c) Paymentof the department's costs in administering the Underground Storage Tank Insurance Fund, wltich shall be limited to 15 percentof the premiumcollected. (6) The commission may establish an annual financial responsibility fee to be collected from an owner orpermittee 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 !heUnited Slates Environmental Protection Act pursuantto P.L. 98-616 and P.L. 99-499, !he departmentshallformulate a plan ofaction to be foUowed ifit becomes necessary for the Underground Storage Tank Insurance Fund to become operative in orderto satisfy the financial responsibility requirements ofORS 466.815. In formulating the plan ofaction. the department shall consult with the Directorofthe

' Department of Consumer and Business Services. owners and permittees ofunderground storage t3nks andany other interested 

### 0,,= party. The plan of action mustbe reviewed by the Legislative Assembly orthe Emergency Board before implementation. 

## 466.800 Records as public records; exceptions.' (1) 

### Except as provided in subsection (2) ofthis 

### 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, 

### reportsor information obtained under ORS 466.706 to 466.845 and466.895 shall be available to the public. Upon a showing satisfactory to the director by 

### any :personthat 

### records, 

### reports or information, or panicu1ar parts thereof, ifmade 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 ofthe 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 and466.895 and rules adopted under ORS 466.706 to 466.845 and 466.895 and to enforce the provisions ofORS 466.706 to 466.845 and 466.895, any employees ofor 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 ofa regulated substance contained in an underground storage tank; and (c) Conduct an investigation ofan underground storage tank, associated equipment, contents or the soil, air or waters ofthe state surrounding an underground storage tank. (2) 

### Ifany 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 of468.907)]


## 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 storagetankviolates ORS 466.706 to 466.845 and 

### 466.895 or fails to comply with a rule, order orpermit 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) 

### ofthis 

### 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 ofORS 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 operatorto comply with the provisions ofa permit; (c) Require compliance with a schedule established in the order; and



# •* 31 

# .*

## •



# ·(0 ',,'j 

## 466.820Reimbursement to department; procedure for collection; treble damages. (1) The owner and the permittee ofan underground storage tank found to be in violation ofany 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 ofa leak from an underground storage tank. Department costs may include investigation, design engineering, inspection and legal costs necessary to correct the leak. (2) Payment ofcosts to the department under subsection (1) of

### this section shall be 

### made to the department within 15 days 

### afterthe end ofthe 

### appealperiodor, 

### ifan 

### appeal 

### is filed, within 15 days afterthe 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 ofthe underground storage 

### tankto the department within the time provided in subsection (2) ofthis section, the Attorney General, upon the request ofthe director, shall bring action in the name ofthe State ofOregon in the Circuit Court ofMarion County or the cin:uit court ofany other county 

### in which the violation mayhave 

### taken place to
recover the amount specified in the orderofthe department. (4) 

### In addition to any otherpenalty provided by taw, 

# r:7'--
ifany 

### person 

### is found in violation ofmy provision ofORS

## ~L) 465.200,466.706 to 466.845, 466.895 

### and 478.308, the commission orthe 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 ofa guarantor shall be limited to the aggregate amount the guarantorprovided as evidence of financial responsibility,to the owner or permittee under subsection (2) ofthis section. This subsection does not limit any other state or federal statutory, contractual or common law liability ofthe guarantor for bad faith in negotiating or in failing to negotiate the settlement ofany claim. This subsection does not diminish the liability of any person under section 107 or 111 ofthe 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 ofthe financial responsibility requirements ofthis section.(6) No rule requiring an owner or permittee to demonstrate and 

### maintainfinancial responsibility shall be adopted by the commission before review by the appropriate legislative committee as determined by the President ofthe Senate and the Speaker ofthe House ofRepresentatives. (d) Require'any other actions considered necessary by the depanment. (4) After the depanment issues an order under subsection (2) ofthis 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 ofany 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 ofits issuance, unless the permittee requests a hearing on the orderbefore the commission. The 

### requestfor

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 ofORS 183.310 to 183.550 for contested cases. (7) Whenever it 

### appears to the department 

### thatany person is engaged or about to engage in any act orpractice that constitutes a violation ofORS 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 ofthe terms ofany 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 

### financialresponsibility requirements established by subsection (1) of

### this section may be satisfied' by insurance, 

### guaranteeby 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.a1terms, conditions or defenses necessary or unacceptable to-establish evidence offinancial responsibility. (3) 

### Ifan ownerorpermittee is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or 

### ifjurisdiction in any state or federal court cannot be obtained overeitheran owner or a permittee likely to be solvent at the time ofjudgment, any claim arising from conduct for which evidence offinancial responsibility must be provided under

### this section may be asserted directly against the guarantor. 

### In the case ofaction.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 ofan account ofthe 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 of468.914»)


## 466.825 Strictliability ofowner or permittee. The owner and permittee ofan underground storage tank found to be the source ofa release 

### shall be strictly liable to any owner or permittee ofa 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 ofthe release.
[1987 c.539 §35)


## 466.830 Halting tank operation upon clear and immediate danger. (1) Whenever, in the judgment ofthe department from the results ofmonitoring or observation ofan 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 ofan underground storage tank. the artment may, without hearing or prior notice, order the '.·,._.:4peration ofthe 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 

### shallconstitute a lien upon any 

### real and personal property owned by the person. (2) The department 

### shall file a claim oflien on 

### real property to be charged with a lien under subsection (1) of

### this section with the recording officer ofeach county in which the 

### realproperty is 

### located and shall file a claim oflien on personal property to be charged with a lien under subsection (1) 

### of

### this section with the Secretary 

### ofState. The lien shall 

### attachand become enforceable on the date ofthe filing. The

### '~en claim shall contain: . (a) A statement ofthe demand;

'0<."" • (b) 

### The name ofthe person against whose property the 

### lenattaches;

. (c) A description ofthe 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 mannerprovided by law for the foreclosure ofliens. (4) Nothing in this section shall affect the right ofthe state 

### to bring an action against any person to recover all costs . and damages for which a person is 

### liable under the provisions ofORS 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 ofunderground storage tanks and the improving ofsuch tanks and associated equipment are necessary to protect the public health and safety and the environment. (2) The costs ofupgrading leaking underground storage tanks, 

### purchasing improved equipment and cleaning 

### up the contamination caused by leaking underground storage tanks, including the costs ofdisposal, remediation or other treatment ofsoil contaminated as a result ofleaking underground storage tanks, exceed the financial capacity of many owners and operators ofunderground storage tanks. (3) The availability ofmotor vehicle fuel is necessary to create and retain employment and to encourage tourism in Oregon. " (4) It is the intent and policy ofthe Legislative Assembly to: (a) Insure the funding and support of remedial action and replacement ofleaking 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 ofgovernment from imposing taxes, fees

or surcharges on soil generated as a result ofremedial action

or replacement ofleaking 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 orprivate source, including the Federal Government. made 

### available for the purpose ofcarrying out financialassistance programs for owners and 

### operators of storage tanks 

### containing motorvehicle fuel. (2) All moneys and the proceeds ofall moneys received by the Environmental Quality 

### Commission under this 

### section shall be deposited in the Underground Storage Tank Compliance 

### andCorrective 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. 

### 46and 62. chapter 863, Oregon Laws 1991. provide: Sec. 5. (1) Beginning October 1. 1991. die depanmcnt shall" conduct a financial assistance programasdescribed 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 andIl vapor coUection systemunderground piping. hoses andnozzles at an underground SlOragetankfacility holdiDg an accumulation ofmomr fuel for resale. for projects wbose construction started on or after December22. 1988. (2) Not laterdian 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 DOtbe limited 10 a proposed consauction schedule andgeneral description ofdie scope ofwort 10 be performed widl die financial assistance received. (3) Not later dian Ocmber 1. 1994. a person submitting an applicationora letterofintentto apply for financial assistance wider subsection (2) ofthis 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 andconduct odlerreasonable tank management activities !hatdo 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 ofintettt 10 apply for tinaDcial assistance shall not be subjectto enforcement action underORS 466.706 to 466.845 and466.895 ifdie applicant is making a good faith effortto: (a) Bring die applif?mt's underground wrage lank tiu:ility into compliaDce with all teclmicaJ andfinancial responsibility requirements on orbefore December31. 1996; or (b) Permanently close die underground SlOragelank faCility in accord.aDce widl applicable underground SlOragetankrequirements

on orbefore December31. 1996. (5) In order 10 manage thefundsavailable in die Underground Storage Tank CompliaDce andCorrective Action Fund, and 10. process die projectEd nwnber of financial assistance applications. die department may establisb a schedule for starting constrUCtionof theprojects applying for fiDaDcial assiswIcc under sections 6 and 

### 6a.chapter 863. Orqon Laws 1991. Ifdie 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 departmentor insunDce benefits available from thedcpanmem shall DOtbe adversely affectI:dby a schedule c1wIge imposed by die departmettt. (6) Any person who does DOtsubmit a fiDaDcial assistance applicalion ora-letterof-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 financialresponsibility 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 tankpermit for the facility for which the applicant is requesting ,the assistance; (b) Pay all annualunderground storage tankcompliance 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 watercontaminationor a threat of fire and explosion from a spillorrelease ofpetroleum; and (d) Ifthe applicantcloses an underground storagetank facility, conductclosure 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 anunderground smrage lank holdingan accumulation ofmotor 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, conductcorrective action

orinstallStageIandIl vaporcollectionsystem underground piping. hoses andnozzles in conformity with applicable state and federal underground SlOragetank. air quaiity aDd corrective action rules at

an undergroUnd SlOragetank facility. Ifa person owns or is responsible for more thanone underground storagetank 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 establishedby the Environmental' ".j Quality Commission by ruleunder section 7, chapter 863, Oregon Laws 1991. may be eligible for a loan at a five percent interest rate

on die first SI00,OOOofeligible project COstS. (3) Any person owning orresponsible 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 percentnot to exceed S50.000 and a loan at an interest rate ofdIrce percenton die fU'St 5100.000 of eligible projectcostS. (4) Any person owning orresponsible for 12 or fewer tanks. aDd meeting die financial needcriteria established by die Environmental Quality Commission by rule uDdersection 7. chapter 863. Oregon Laws 1991. andthecmma in subsection (5) of thissection, may be eligible for an undergrouDd SlOragelank essentialservices grantof 73 percentDOt 10 exceed $75.000 aDd aloan at an interest rate of
011I:andonc-halfperuttt on the first $100,000 ofeligible project

cosu. (5) In addition to meeting the finaocial need criteria, an applicant for an underground SlOragelank essentialservices grant also shall
IDCCC all ofdie following criteria: (a) The applicalll's facility tDUSI be eidler: (A) Theonly facility in a city limd in die OregonBlue Book; or (8) The only facility within nine milesfrom die next remil gas sales fIcil.ity

. (b) The applicant ImlStemer imD an agreementwith die Departmentr- "

## o~**Enviro~** Quality providing that. subject to (c)

## o~ ( "" this subsection.. theunderground stOrage lankessctttial servu:es 

# 't\-,-.)

grantwillbe reimbursed in full ifdie propertYor business reselling

.... :,.'f.V IDOCDr vehicle fUd is soldwithinfive years afterdie 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 tankis located. The property lien agreement shall become a lien upon the property where the underground storage tankis located on the date the property lien agreement is recorded in the mortgage records ofthe county in which the property is located. (c) Ifthe applicant seUs the property and the purchaser assumes the obligations ofthe agreementmade under paragraph (b) ofthis subsection with the purpose ofkeeping the facility open. the applicant shall not be required to reimburse the underground storage tankessential services grant, The purchaser shallbe obligated under the lien only for a five-yearperiod from thetimeofthe initial underground storage tankessential services grant. (6) Any person not applying to a commercial lending institution for a loan to performunderground Storage tankwork under section 6a. chapter 863, Oregon Laws 1991, and this section. may apply directly to the department for a grantunder 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 thissection shallbe payable in the mannerprovided 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 thatallows commercial lending institutions to offerlow-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 anyloan fee. by a commercial lending institution may be at a rate of: (a) Seven and one-halfpercentfor 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) Threepercentfor loans qualifying under section 6 (3). chapter 863. Oregon Laws 1991; or (d) One and one-halfpercentfor loans qualifying under section 6 (4), cbapter863, Oregon Laws 1991. (3) The departmentshallreimburse the commercial lending institution for thediffereuce between theamounr offinance charge thatwould have been charged. iDcludingintereston theloan and intereston anyloan fee. and an annualrate thatis thelesserofthe foUowing: (a) The annualrate charied by thecommerciallending·institution for noosubsidiud loans made under like terms and conditions at the timethe loan is made; or (b) The upper limit established by rule ofthe Environmental Quality Commission. (4) In orderfor theloan to be eligible forthereduced interest rateS allowed underthissection.theloan shall: (a) Be made to a person wbo is upgtading or replacing an underground SUlragetank. conducting corrective action orinstalling stage 1 andn vaporcoUectionsystemunderground piping. hoses or DOzzles at an underground Storage tank facility holding an**~n** ofmotorfud for resale; (b) Be made after December22. 1988. andbefore December 31. 1996;


## ··35 •• (c) Have a term not to exceed 20 years: and (d) Be only on the first $100.000 ofeligible 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. areprojected to be in the Underground Storage Tank Compliance and Corrective Action Fund to pay all obligations and debt serviceto all parties. including obligations to commercial lending institutions for the loan guaranteesand reduced interest rates on loans made by commercial lending institutions. on all applications approved to date. and the obligations anddebt service ofthe application being considered for approval. Ifthe deparnnent projects that fundswill be insufficient to service new obligations ordebt 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 fundsshallbe processed according to the chronological order in which the applications were suspended for insufficientfunds. (6) Within 30 days after the end of each calendarquarter. a commercial lending institution shall submitaninvoice to the Departmentof Environmental Quality for the difference in the
amount of the finance charge as set forth in subsections (2) and (3) ofthis 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) Iffor any reason funds in the Underground Storage Tank Compliance and Corrective Action Fund arenot sufficient to make the paymentS described in subsection (6) ofthis 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, "commerciallending institution.· •facility,. "corrective action," "stage 1 vapor collection system••\;. "stage

### n vaporcollection 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 ofthe Underground Storage Tank Financial Assistance Advisory Committee established in subsection (2) ofthis section. (2) Before August 1. 1991. theDirector of theDepartment of Environmental Quality shaI1 appointan Uoderground Storage Tank Fmancia1 Assistance Advisory Conunia.ee. The adVisory committee shallconsistofa representative from each ofthefoUowing organizations or

### areas ofinterest: (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 theDepartment of Environmental Quality; (g) An undergroundStorage tank equipmenttnanuf3cturer or distributor; and (b) Two members ofthegeneral public. oue of whom shaI1 serve as chairofthe advisory committee. (3) The Uoderground Storage Tank F1IWICial AssistanceAdvisory Commiaee shalladvise the departmem andcommission on matlI:rs relating to theimplementation ofthe financial assistanceprograms <.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 tankpoUution 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 greatestnumberofapplicantS; (e) Methods to promote aDd advertise the financial assistante programs to potential applicants; and <0 The readability and understandability ofapplication forms and insauctional maa:rials to be usedby potential underground storage tankfinancial assistance applicants, (4) Members appointed to the advisory committee shall serve for a period oftwo yean. The dim:tor may discontinue the committee after December 31. 1996

.. (5) Members ofthe 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 shaUconsider the most recentpublished 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 DevelopmentDcpanmcm, the federal Small Business Administration and otherqualified 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 ofthis 1991 Act shaU provide the commercial lending institution with copies ofthe applicant's two most recent financial
statements. if the applicantis a corporation, orif the applicant is a sole proprietor orpannership. the two mostrecentpersonal 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 ofthis 1991 Act. The department may specify the forms on which fmancial information must be provided to the departmentorcommercial lending institutions. (2) Upon determining dWan applicam

### mceathe criteria established undersections 7 aDd 8 ofthis 1991 As;t aDd is eligible for fiDaDcial assistance under sections4 to 6. chapter 1071. Oregon Laws 1989. and sections 6 aDd 6a ofthis 1991 Act. the commercial lending institution shall submiIits decision to the dcpanmcnt for approval. (3) An applicant applying for financialassistance under section6 (6) ofthis 1991 Act shall provide the infoimanon described in subsection (1) ofthis section to the Depanmcntof Environmcma1 Quality. [1991 c.863 §9] Sec. 10. The EnvironmcDtLIQuality Commission shall adopt rules to insure dW moaey disbursed from the Underground Storage Tank Compliance aDd Corrective Action Fund for an underground storage tankpoUution prevention oressentialservice gram is u.sed only to pay for equipmcm. laborand services to upgrade or replace underground storage l3Dks. condua corrcc:tive action or install stage I and DvaporcoUection 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 tankinsurancepremium copaymentaccording
to the following schedule: (1) An annual 50 percentcopaymentnot to exceed .52.000 per year between October 1. 1991. and December 31. 1995. for an applicant starting an underground storage tankupgrade or replacementproject after December22. 1988. and completing the project before December 31. 1993. (2) An annual 40 percentcopaymcntnot to exceed $1.600 per year betweenJanuary 1. 1994. and December 31. 1995. for an applicant completing an underground storage tankupgrade or replacement projectin the calendaryear 1994. (3) An annual30percentcopaymcnt not to exceed S1,200 per year betweenJanuary 1. 1995. and December 31. 1995. for an applicant completing an underground storage tankupgrade or replacement project in the calendaryear 1995. [1991 c.863 §38; 1993 c.661 §10J Sec. 39. Any applicantwith.99 or fewer underground storage tanks holding motorfuel for resale who meets the financial needs
test for an underground storage tankpoUutionprevention grant established under section 6. chapter 863. Oregon Laws 1991. also shaU be eligible for an annual underground storage tankinsurance premiumcopayment according to'the foUowingschedule: (1) An annual 75 percentcopaymentnot to exceed S3.000 per year between October 1. 1991. and December 31. 1996. for anapplicant staning anunderground storage tankupgrade or replacementproject.>"

# C'

after December22. 1988. and completing the project before .\. December 31. 1993. 

### .,':..! (2) An annual 6S percentcopaymentnot to exceed $2.600 per year between January 1. 1994. and December 31. 1996. for an applicant completing an underground storage tankupgrade or replacement project in the calendaryear 1994. (3) An annual 5' percent copaymentnot to exceed $2.200 per year betweenJanuary 1. 1995. and December 31, 1996. for an applicant completing anunderground storage tankupgrade or replacement project in the calendaryear 199'. (4) An annual45 percentcopayment not to exceed S2.200 per year betweenJanuary 1. 1996. and December31. 1996. for an applicant completing anunderground storage tankupgrade or replacement projectin thec:alcndaryear 1996. [1991 c.863 §39; 1993 c.661 §llJ Sec. 40. IuJy applicantwith 12 or fewer underground storage tanks holding momrfud for reme who mccathe financial needs
test for anunderground storage tankessential services gram esublished under section 6. chapter 863. Oregon Laws 1991. also shallbe eligible for an annualunderBround storage tankinsurance premium copaytDlCDl according to the following schedule: (1) An annual90 percemcopaymentnot to exceed $3.600 per year bclwccn October 1. 1993. and Dcccmbcr31. 1996. for an applicant surtiDg anunderground storage tankupgrade or replacementproject akr Dcccmbcr22. 1988. and completing theproject before Dcccmbcr 31. 1993.

. (2) An annua1 percent copaytDlCDl not to exceed $3.400 peryear bctwccnJIDW'Y 1. 1994. and Dcccmbcr31. 1996. for an applicant

. '

..**co~** an undergMUDdstorage tankupgrade or replacement**((-~** proJCCt m

### me c:alcndaryear 1994.**~,\"...,./** (3) ADannua1 80 pcrccnl copaymemnot to exceed $3.200 peryear

### '::y ,betweenJIDW'Y 1. 

### 1m. and Dcccmbcr31. 1996. for an applicant

# •**'~:".** i.

....... completing an underground storage tankupgrade or replacement project in the calendar year 1995. (4) An annual 75 percentcopayment not to exceed 53.000 per year between January 1. 1996. and December31, 1996. for an applicant completing an underground storage tankupgrade or replacement projectin the calendaryear 1996. ' (5) An annual50 percent copayment not to exceed $2.000 per year betweenJanuary 1. 1997. and December 31. 1997, for an applicant completing an underground storage tank upgrade or replacement project in the calendaryear 1996. (6) An annual 2S percent copaymentnot to exceed $1,000 peryei.r between January 1. 1998. and December 31, 1998. for an applicant completing an underground storage tankupgrade orreplacement projectin die calendaryear 1996. [1991 c.863 §40; 1993 c.661 §12] Sec. 41. Ifa person owns or is responsible for more dian one underground storage tankfacility. die person is eligible for all applicable insurancepremium copayments for each facility location. [1991 c.863 §41] Sec. 42. A copayment shall bemade only for insurance policies that satisfy in form and substance the required Underground storage tankfinancial 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 paymentshallbemade on forms provided by die Department ofEnvironmental Quality. The agent, producing agent or company shallcertify !bat the insured has paid die remaining insurance premium copaymentfor 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 ofthe Department of Consumer andBusiness Services. the person's: (a) Minimumrates anddeductibles: and (b) Policy forms: inclUding the legal defense provisions ofdie policies. (2) Beginning January 1. 1992. andeach July I andJanuary I dlereafter until July 1. 1996. die Department ofConsumer and Busine» Services shall provide to die Department of Environmental Quality: (a) The following information relating to eKb insurer authorized undertheInsunnceCode m transact insurance in this state: (A) MinimumraIeS and deductibles; and (8) Polic:y forms. including die legal defense provisions ofthe policies. (b) The-information provided m the DeparanemofConsumer and Bwiness Services under subsection (1) ofthis section. (3) The Departmentofln3w2nc:e and'FIIWIl:e alsoshall furnish to die Department of Environmental Quality financial information with respectto the insurers aDd other persons aboutwhom the information isprovided under subsection (2) ofthis section. [1991 c.863 §43a) Sec.44. The DepanmcmofEnvironmental Quality shallpay 

### insw2nce premiumcopayments from moneys available in die UndergrowJd Smrage Tank Insunnce Fund established underORS 466.79.5. [1991 c.863 §44] Sec.46. The depanment may transferfunds from the Underground Storage TankCompliance aDd Corrective Action Fund established under section 16 ofthis 1991 Act [466.791] to die Underground SmrageTank Insur.ulceFund 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 ofthe financial assistance programs established under this Act. die Department of Environmental Quality shall report to the Legislative Assembly: (1) The StaDJS ofthe financial assistance programs under sections 4 m 6, chapter 1071. Oregon Laws 1989, and sections 6. 6a. 38. 39 and40 ofIbisAct; (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 tankprogram; and (4) The financialcapacity of die Underground StorageTank 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 ofthis Act. The report shall specifically discuss the fund's capacity to meet its obligations anddebt service to commercial lending instirutions for guaranteed or reduced interestrate 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 anddeclares that Oregon isnot assured that die United States Department ofEnergy will: (a) Consider die unique fearures ofOregon and the needs ofthe people of Oregon when assessing Hanford. Washington. as a potentially suitable location for the long-term disposal ofhigh-level radioactive waste; or (b) Insure adequate opportunity for public participation in the
assessment process. (2) Overdie past 4.5years. the United States hasdeveloped and produced nuclearweapons at Hanford. Washington. and during this period large quantities ofradioactive hazardous andchemical wastes have accumulated at die Hanford Nuclear Reservation. and the
waste sites pose an immediate and serious long-termthreat 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 ofOregon to establish an Oregon Hanford Waste Board to serve asafocus for die State of Oregon in die development ofa S13tCpolicy m bepresented m die Federal Government, to insure a maximum ofpublic participation in die
assessmentandcleanup process. [1987 c.514 §1; 1991 c.562 §3] Sec.2. Nothing in sections 1 m 16 ofIbisAct shallbe interpreted by die Federal Government ordie United States Department ofEnergy as an expression by the people ofOregon 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 ofIbisAct: (1) "Board"

# means die Oregon Hanford Waste Board. (2) "High-level radioactive 

### wasa:" means fuel or fission products from a commercial nuclearreKtDr wr irradiation that is packaged and prepared for disposal. (3) "United StaleS DepanmcntofEnergy" means die federal DepartmentofEnergy established under42 U.S.C.A. 7131 or any

successor agency assigned responsibility for die long-term disposal ofhigh-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 ofthe Governor; (4) One memberrepresentingthe ConfederatedTribes of the Umatilla Indian Reservation; (') Ten members ofthe public. appointed by the Governor. one of whom shall be a representative of a local emergency response organization in eastern Oregon andone ofwhom shall serve as chairperson; and (6) Three members ofthe Senate. appointed by the President of the Senate. andthreemeIhbcrs of the House ofRepresentatives. appointed by the Speakerofthe House ofRepresentatives 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 ofthe appointing authority. For purposes ofthis subsection. for those members ofthe board selected by the public advisory comminee, the appointing authority shall be the public advisory commiace. (2) Each public member ofthe board shall receive compensation and expenses as provided in ORS 292.49'. Each legislative member shall receive compensation andexpenses as provided in ORS 171.072.

. (3) The board shall be under the supervision.ofthe chairperson. [1987 d14 §5) Sec. 6. The Oregon Hanford Waste Board: (1) Shall serve as dle focal pointfor all policy discussions within the state government concerning the disposal ofhigh-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 treaancntofchemical waste andplutonium production. [1987 c.514 §61 Sec. 7. Incarrying 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 DcpanmentofEnergy or any otherfederaJ agency on any maacrrelated 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 ofproposed plans from the Feden.! Government on any matterrelated to the long-term disposal ofhigh·level radioactive wasze or other issues related to the United States Hanford Reservation. NotUU:ationofproposed plans includes ootification ofproposals to conduct field work. onsite evaluation or onsite testing. (3) Disseminate or mange with theUnited States Depanmentof Energy orother feden.! agency to disseminate the information received under subsection (2) ofthis 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 GoverDOrand Legislative Msembly

. appropriate responsesto conraas under subsection (1) ofthis section andinformation-received Ul!dt:r-subsec:tion(2) ofthis scctionlfa

# ··38·· response is appropriate. The board shall consult with the appropriate state agency, local government. regional planning commission, American Indian tribalgoverning body. the general public and interested citizen groups in preparing this response. (5) Promote and coordinate educational programs which provide information on the nature ofhigh-level radioactive waste, the longtermdisposal ofthis waste, the activities of the board. the activities ofthe United States DepartlIlentofEnergy andany other federaJ agency related lD the long-termdisposal of high-level radioactive
waste or otherissues related to dle United States Hanford Reservation andthe opporamities of the public lD participate in procedures and decisions related to this waste. (6) Review**an~** application to the UnilCdStates Departmentof Energy or otherfederaJ agency by a Stateagency, local government

or regional planning commission for funds for any program related

.to the long-termdisposal ofhigh-level radioactive waste orother issues related to the United States Hanford Reservation. Ifthe board finds that the application is not consistentwith the state'S policy re1atcd to such issue or that the application is not in dle beStinterest ofthe**sta~.** the board shall forward its findings to the Governor and the appropriate legislative committee. Ifthe board finds that the application ofa state agency is notconsistent with the state's policy related to long-termdisposal of high-level radioactive waste or that the application ofa state agency is not in dle best interest of the
state. thefindings forwarded to dle Governor andlegislative cotDIDittec shall include a rcconuncndation that the Governoract to stipulate conditions for the acceptance of the fundswhich arc necessary to safeguard the interests of the state. (7) MonilDractivity in Congress andthe FederaJ Government related to thelong-term disposal ofhigh-level radioactive waste and other issues re1atcd lD the United States Hanford Reservation. (8) Ifappropriate, advise the Governor and the Legislative Assembly lD request the Attorney GeneraJ lD intervene in federal proceedings to protectthe state's interests and present the State's point ofview on matters relalCdto dle long-term disposal of highlevel radioactive wasu: orother issues relalCdto 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 chairpersonofdle 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 andfix their compenqrjou, subj= to the Stlte Personnel Relations Law; and (3) RequcsllllChDical assistlnce from anyotherstate agency. [1987 c.514 §81 Sec. 10. (1) Ifthe United States DepartmentofEnergy selects Hanford. WuhinglDD. as thesite for the constt'UCtion of a repository for the 10Dl-«ertDdisposal ofhigh-level radioactive
waste. the Orcgbn Hanford Waste Board shall review the selected. sUeand thesiteplaDprepared by the United States Depanment of Energy. In condu.ctiJts its review the board shaI1: (a) IDC1ude a fUll sciaIrific review ofthe adequacy ofthe selected siteandof thesite plaD: (b) Use rccognizcd experts; (c) Conduct OtIC ormore 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 pWmitIgcommissions. American Indian tribal 

### soveminl bodies. !be&meral public and interested ciDzen

.. groupson !be Idequacy of

### me Hanford siD: and thesite plan.

- - , -

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# •

• "_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 ofthe Senate and the Governor on whether the Stateshould accept the Hanford site. [1987 c.514 §10] Sec. 11. (I) In addition to any other duty prescribed by law and subjectto the policy direction ofthe board. a lead agency designated by the Governor shallnegotiate written agreements and modifications to those agreements. with the United StateS Department ofEnergy or any other federal agency or state on any matter related to the long-term disposal ofhigh-level radioactive
waste. (2) Any agreementor modification to an agreement negotiated by the agency designated by the Governor under subsection.(l) of this section shallbe consistentwith 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 sectionconcerning the terms of agreements or modifications to agreements negotiated under subsection (1) ofthis section or other issues related to the United States Hanford Reservation. [1987 c.514 §1l; 1991 c.562 §S] Sec. 

## U. The OregonHanford Waste Board shallimplement agreements. modifications and technical revisions approved by the agency designated by theGovernorunder section 11 of this Act; In implementing these agreemenlS. modifications and revisions. the board may solicit the views ofany appropriate state agency. local government, regional planning commission. American Indian tribal governing body. the general public andinterested citizen groups. [1987 c.514 §12] Sec. 13. The Oregon Hanford Waste Board may accept moneys from the United States Department ofEnergy, otherfederal agencies. the State ofWashington and from gifts and grants received from any otherperson. Such moneys are continuously appropriated to the board for the purpose ofcarrying out the provisions ofthisAct. 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 ofradioactive waste or other issues related to the United States Hanford Reservation. Ally disbursement offunds by the board or the lead agency shallbe 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 underthis section may receive reimbursement for travel expenses incurred in the performance oftheirduties 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 ofits activities under sections 1 to 16 ofthis Act and. at therequest ofthecbairperscn, provide technical assimnce to theboard. [1987 c.514 §1S] Sec. 16. In aa:nrdaDce with the applicable provisions ofORS 183.310 to 183.550. the Oregon Hanford Waste Boardshall adopt rules and standards to carry out therequirements ofsections 1 to 16 ofthis 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 orderto 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 ofselecting three sites as finalcandidates. including the Hanford reservation in the State ofWashingtOn; for a first highlevel nuclear waste repository by the United States Department of Energy violated the intent and the mandate ofCongress. (3) The United States Deparanent ofEnergy has prematurely deferred consideration ofnumerous 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 ofthis 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 ofSciences. (6) By postpOning indefinitely all site specific work for an eastern repository. the United States Department ofEnergy has not complied with the intent ofCongress 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 orderto achieve complete compliance with federal law andprotectthe health. safety andwelfare of the people ofme 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 of site. characterizarion, until there is compliance with the intent of the ;; NuclearWaste 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) Insistthatthe United States Department of Energy's site selection process, when resumed. considers all acceptable geologic media and results in safe. scientificallyjustified and regionally and geognphically equitable high-level nuclear waste disposal; (4) Demandthatfederal budget actions fully and completely follow theinb:ntofthe NuclearWaste Policy Act:

. (5) Continue to pursue alliaDccs with otherstates and interested panics. particularly with PacificNorthwest Governors. legislatures and otherparties. affectedby thesite selection process and transportation ofhigh-level nuclearwaste; and (6) Assure thatOregon. because ofits 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 ofa provision ofORS 466.605 to 466.680 orofany rule or orderentered or adopted under ORS 466.605 to 466.680 is punishable, upon conviction, by a fine ofnot more than S10,OOO or by imprisonment in the countyjail for not more than one year orboth. Each day of violation shall be considered a 

### separate offense. (3) 

### Any 

### person who knowingly violates any provision ofORS 466.706 to 466.845 and 

### 466.89S or the rules adopted 

### underORS 466.706 to 466.845 and 466.895 shall besubject to a criminal penalty not to exceed $10,000 or imprisonment for not more than one year or both. Each day ofviolation

. shall be deemed a separate offense. (4) Any person who knowingly violates any provision ofORS 465.200 to 465.455 or

### anyrule ororder adopted or issued 

### underORS 465.200 to 465.455 shall, upon conviction, be subject to a criminal penalty not to exceed S10,OOO or imprisonment for not more thanone year, or both. Each day ofviolation 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 ofhazardous waste, as defined by ORS 466.005, shall incur a civil penalty not to exceed S10,OOO for each day ofthe violation. (2) The civil penalty authorized by subsection (1) of this section shall be imposed in the mannerprovided by ORS 468.135.

. . , (3) 

### In addition to any otherpenalty provided by law, any person who violates a provision ofORS 466.605 to 466.680, or any rule or order entered or adopted under ORS 466.605 to 466.680, 

### mayincur a civil penalty not to exceed SIO,OOO. Each day ofviolation shall beconsidered a separate offense. (4) The civil penalty authorized by subsection (3) of this section shall be imposed 

### in the 

### mannerprovided by ORS 468.135, except 

### thata 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 penaltiesfor damage to wildlife resulting from contamination of food or water supply. (1) Any person who has 

## care, .custody

or control ofa hazardous waste or a substance which would be a hazardous waste except for the fact that it is not . discarded, useless orunwanted shall incur a civil penalty according to the schedule set forth in subsection (2) ofthis section for the destruction, due to contamination offood or water supply by such waste or substance, ofany ofthe wildlife referred to 

### in subsection (2) ofthis section 

### thatare the property ofthe state.

. (2) The penalties referred to in subsection (1) ofthis 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) 

### Eachsilver 

### graysquirrel, $10. (e) 

### Eachgame 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) 

### Eachfur-bearing mammal other than bobcat or fisher, $50. (j) 

### Eachbobcat or fisher, $350. (k) Each specimen ofany wildlife species whose survival is specified by the wildlife laws or the laws ofthe United States as 

### threatened or endangered, $500. (L) Each specimen ofany wildlife species otherwise protected by the wildlife laws orthe laws ofthe United States, but nototherwise 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 ofORS 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 ofany order orpermit issued by the department under ORS 466.706 to 466.845 and this section shall besubject to a civil penalty not to exceed S10,OOO per violationper day ofviolation. (2) Each violation may bea separate and distinct offense and 

### in the 

### caseofa continuing violation, each day's continuance thereofmay 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 

### isunpaid. A penalty collected under this subsection shall beplaced in the State 

### Treasury to the credit ofan account ofthe department. (4) The civil penalties authorized under this section shall be imposed in the mannerprovided by ORS 468.135 except 

### thata penalty collected under subsection (1) ofthis 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 

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