justicedao/ipfs_state_laws huggingface dataset:
340-135-0030 Applicability (1) OAR 340-135 applies to toxics users as defined in ORS 465.003, which include: (a) Facilities required to submit a uniform toxic chemical release form under the federal Toxics Release Inventory (TRI) program, defined as large users in ORS 465.003(6); (b) Large quantity generators of hazardous waste; and (c) Small quantity generators of hazardous waste. (2) OAR 340-135 does not apply to: (a ) Very small quantity generators. If you are a very small quantity generator and you are not also a large user; (b) Toxics users. If you are a toxics user solely because you use or generate one or more of the following materials: (A) Toxic substances used as a pesticide in routine commercial agricultural applications; (B) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute, such as logs that contain naturally-occurring lead; (C) Toxic substances that the Environmental Quality Commission removes by rule as defined in ORS 465.009. (D) Hazardous waste generated from remedial or removal actions as defined in ORS 465.200, including, but not limited to, a spill or cleanup activity; and (E) Hazardous waste generated from a one-time event, including, but not limited to, the cleaning out of a storage closet. Statutory/Other Authority: ORS 465.003 - 465.037 & 466.075 Statutes/Other Implemented: ORS 465.003, 465.009 & 465.034 History: DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022 DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98 DEQ 35-1990, f. & cert. ef. 8-21-90
340-135-0040 Toxic Substances and Hazardous Wastes Identification (1) Toxic substances as defined in ORS 465.003(9) and hazardous wastes as defined in 465.003(5) are subject to the planning and reporting requirements set forth in this rule, except those materials listed in 340-135-0030(2)(b) of this rule. (2) The Environmental Quality Commission may add or delete toxic substances and hazardous wastes or modify the definition of large user as provided by ORS 465.009. The Commission will consider, at a minimum, the following conditions when adding, modifying, or deleting from the lists: (a) Proportionate volume of toxic substance or hazardous waste unique to Oregon; or (b) Amount of regional solid waste or hazardous waste off-site disposal or treatment capacity; or (c) Impact on statewide or regional air quality, surface water quality, groundwater quality, or other environmental qualities. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 465.003 & 465.009 History: DEQ 102-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98 DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 24-1992, f. 10-23-92, cert. ef. 11-1-92 DEQ 35-1990, f. & cert. ef. 8-21-90
340-135-0050 Planning and Notification Toxics users must: (1) Develop and implement a reduction plan or an environmental management system according to ORS 465.015 that includes the toxic substances and hazardous wastes specified in 465.015(4). Toxics users that have already met the requirements in this subsection must also meet the requirements in subsections (2), (3) and (4). (2) Notify the Department after completing a reduction plan or environmental management system following ORS 465.015(1) and 465.018(1); (3) Maintain the reduction plan or environmental management system on site as provided in ORS 465.015(6); and (4) Update the reduction plan or environmental management system to ensure it meets the requirements in ORS 465.015(4), 465.015(5) and 465.015(7). Statutory/Other Authority: ORS 465.003 - 465.037 Statutes/Other Implemented: ORS 465.015 & 465.018 History: DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98 DEQ 35-1990, f. & cert. ef. 8-21-90
340-135-0055 Implementation Summary (1) Toxics users that were in compliance with the Toxics Use Reduction and Hazardous Waste Reduction law and rules before June 9, 2005 must complete one implementation summary as provided in ORS 465.018 and 465.032. (2) Toxics users that were not in compliance with the Toxics Use and Hazardous Waste Reduction law and rules before June 9, 2005 as defined in ORS 465.018 or are new toxics users after June 9, 2005 must complete two implementation summaries according to 465.018(2), 465.018(3) and 465.032. (3) Using a Web-based system provided by the Department, toxics users must submit an implementation summary that meets the four minimum requirements described in ORS 465.032. Statutory/Other Authority: ORS 465.003 - 465.037 & 466 Statutes/Other Implemented: ORS 465.018 & 465.032 History: DEQ 9-2006, f. & cert. ef. 8-15-06
340-135-0090 Information Access (1) Toxics users must keep the reduction plan and environmental management system on site in accordance with ORS 465.015(6), and available for review by the Department in accordance with 465.018(4). (2) Reduction plans and environmental management systems are confidential, except as provided for in (1) of this section and by ORS 465.015(6). (3) The Department will make implementation summaries available to the public by placing them on the World Wide Web in accordance with ORS 465.018(5). Statutory/Other Authority: ORS 192.501, ORS 192.502, 65.003 - 465.037 & 466 Statutes/Other Implemented: ORS 465.015 & 465.018 History: DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 35-1990, f. & cert. ef. 8-21-90
340-135-0105 Technical Assistance and Restrictions on Enforcement (1) According to ORS 465.012, the Department will provide toxics users, including very small quantity generators as defined under 40 C.F.R. 260.10, with technical assistance. (2) The Department will coordinate its technical assistance efforts with industry trade associations, local colleges and universities, and local agencies in accordance with ORS 465.012(3) and 465.027. (3) In accordance with ORS 465.012, technical assistance services provided by the Department will not result in compliance 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: (a) For the purpose of initiating enforcement, the term "clear" means plain, evident, free from doubt, and the term "immediate danger" means a situation where there is substantial likelihood that serious harm may be experienced within the time frame necessary for the Department to pursue an enforcement action (e.g., observation of a leaking drum). (b) In the case of a “clear and immediate danger”, the Department may initiate a compliance and enforcement action immediately. Statutory/Other Authority: ORS 183.745 & 465.003 - 465.037 Statutes/Other Implemented: ORS 465.003, 465.012 & 465.027 History: DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022 DEQ 9-2006, f. & cert. ef. 8-15-06
340-135-0110 Compliance and Enforcement Procedures (1) The Department may review and determine the adequacy of a plan, environmental management system or implementation summary during compliance inspections in accordance with ORS 465.021(1) and 465.021(5). (2) If a toxics user fails to complete an adequate plan, environmental management system, or implementation summary, the Department may notify and work with the toxics user to achieve compliance as provided in ORS 465.021(2), 465.021(3) and 465.021(5). (3) If after receiving notice of specified deficiencies described in ORS 465.021(2) and 465.021(3) that provided at least 90 days for a toxics user to achieve compliance, the Department may assess a civil penalty in an amount not to exceed $500 for each day a toxics user fails to develop an adequate plan or environmental management system and an implementation summary as provided in 456.021(4). Statutory/Other Authority: ORS 183.745, 465.003 - 465.037 & 466.090 Statutes/Other Implemented: ORS 465.015, 465.021 & 465.032 History: DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 35-1990, f. & cert. ef. 8-21-90
340-140-0010 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 475.405 through 475.495. (2) The purpose of these rules is to establish the policies of the Department of Environmental Quality when responding to a request made by a law enforcement agency for assistance with the cleanup of hazardous materials and chemicals related to the production of illegal drugs. (3) These rules establish relationships and responsibilities relative to: (a) The Department’s role in drug lab waste management; (b) The assisted law enforcement agency’s role in drug lab waste management; (c) The taking of representative samples, and/or packaging, of materials needed for evidence; (d) The documentation of waste management and site contamination; (e) The role of the Department in the recovery of funds from responsible parties; (f) The disposition of those materials managed by the Department as a result of the assistance provided that are not disposed as waste. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.435 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0040 Extent of Assistance to Be Provided (1) Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, cleanup, store and dispose of chemicals located at or resulting from an alleged drug manufacturing site. (2) To arrange for assistance as provided in this rule the agency requesting services must contact the DEQ either directly or through the Oregon Emergency Response System, a 24 hour emergency reporting system at 1-800-452-0311. (3) The Department will issue where needed a task order to a qualified vendor(s) to provide waste management services. Upon receiving and accepting an official request for assistance, the Department will schedule or dispatch the contractor to the location identified. It will be the responsibility of the Department to see that the contractor is competent and able to respond in a reasonable time to the requested location. (4) The Department’s contractor may be tasked to manage all or part of the cleanup operation and disposal in stages, such as: (a) Assessment of need for action and implementation of appropriate pre-approved Department options; (b) On-site cleanup and packaging of materials, and transportation to the TSDF; (c) On-site representative sampling, and/or packing of materials to be transported by the law enforcement agency as evidence to a storage location of their choice; (d) If temporary storage has been used, cleanup may take place at the storage location. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.435 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0050 Responsibilities for Ownership of Waste, Storage, and Security (1) When the disposal of chemicals from an illegal drug lab cannot be accomplished immediately after discovery, all confiscated materials will be the responsibility of the law enforcement agency and declared to be potential evidence pending investigation of an alleged crime. The law enforcement agency will remain responsible for the materials from the time of discovery to loading by the Department’s contractor for final transport to the TSDF or an alternate legal disposal. In those cases where the law enforcement agency is the registered waste generator the responsibilities will continue as defined by federal and state statutes. (2) The Department will serve as the legal generator of any hazardous wastes identified at the time of loading for transport to disposal, unless: (a) Any such material is transported to disposal from a site owned by the law enforcement agency or the governmental entity it represents and that site already has a waste generator identification number for some other generator. Drug lab waste shipped from such sites will not be counted in calculating the waste generator fees assessed by DEQ for other waste management activities; (b) Opportunity and justification exists to assign this responsibility to the responsible party; (c) The Department has been unable to secure sufficient funds to properly manage the materials and has returned control of the disposal to the law enforcement agency. (3) The Department will make application to the Environmental Protection Agency for generator status when applicable, or assist the law enforcement agency in achieving registration: (a) Contractors moving hazardous waste from a cleanup site to disposal will use the registration number provided by, or through, the Department for that purpose; (b) Law enforcement agency contractors moving evidence from a cleanup site to storage designated by the law enforcement agency will follow all applicable transporter regulations for transport of hazardous materials; (c) As part of the work done for the Department, within five days of removing hazardous materials from an illegal drug lab site covered by ORS 453.855–453.992, contractors will provide copies of hazardous waste manifests, associated packing lists, and any related documentation of chemicals found at the site, to the Oregon Health Division, Office of Epidemiology and Health Statistics. (4) Security at the cleanup site or storage location for contractor’s staff and the confiscated materials, will be provided by the agency requesting the cleanup assistance. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.445 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0060 Evidence Management After site cleanup operations there may be confiscated materials that must be managed by the law enforcement agency receiving cleanup assistance under some conditions: (1) Materials transported to temporary storage because they are needed in the prosecution of an alleged crime shall be labeled as evidence, and will be the responsibility of the law enforcement agency involved. (2) Materials, such as laboratory equipment and clean glassware, that present a hazard but are not hazardous waste may require temporary storage or local disposal options. Actions taken will be at the discretion of the law enforcement agency. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.445 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0070 Funding Participation The initial funds needed to support the operation of this program will be provided by the Department: (1) Federal law enforcement agencies will be asked to repay the full cost of the cleanup. (2) Any agency that is invoiced for cleanup costs must make payment within 30 days, or further assistance may be withheld. Statutory/Other Authority: ORS 468.020 & 475.425 Statutes/Other Implemented: ORS 475.495 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0080 Records of Cleanups and Disposals (1) The Department shall keep records of drug lab cleanups and resulting hazardous materials and waste management activities of its contractors. (2) Each operation will be recorded in a file available in accordance with the public records law, and include: (a) The operation date based on the request for assistance; (b) The law enforcement agency’s name and representative making the request for assistance; (c) The location of the initial response; (d) The cleanup and disposal contractor’s name; (e) The location of the disposal facility or temporary storage if used; (f) Costs for each part of the operation; (g) Cost recovery information if applicable; (h) And any related information. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.475 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0090 Recovered Funds (1) The Department may demand repayment of cleanup costs from the responsible party when that person is known to the Department. (2) The law enforcement agency assisted shall provide the Department with a schedule of any court actions involving the prosecution of persons potentially liable for cleanup costs. (3) The Department will prepare invoices for the actual or estimated amount of the total cleanup costs and forward these invoices to the District Attorney’s office handling the criminal prosecution of the case prior to the scheduled hearing date. (4) Where a law enforcement agency cannot assist the Department in cost recovery through court ordered restitution in a criminal proceeding, the law enforcement agency may be requested to provide assistance in a civil cost recovery action: (a) Law enforcement agencies may be asked to provide information on the identity and whereabouts of the responsible party; (b) Law enforcement agencies may be requested to serve notices on behalf of the Department. (5) All funds received by the Department identified as cost repayment, restitution, and any other name used to describe repayment of drug lab cleanup expenses and administrative costs will be deposited in the Illegal Drug Cleanup Fund. (6) When money is recovered from a responsible party under ORS 475.405 through 475.495, such money will be deposited in the Illegal Drug Cleanup Fund. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.495 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-140-0100 Confiscated Materials Management (1) In carrying out cleanup operations, items with residual contamination, in addition to hazardous waste, may be taken into custody and turned over to the Department by a law enforcement agency to protect public health and/or the environment. Any such items will be managed according to the appropriate statutes and rules for those materials. Unless otherwise regulated, these items may be handled in the following ways: (a) Items where the value after decontamination will be less than the cost of decontamination will be disposed of as solid waste, or to provide additional security, as hazardous waste; (b) Items not characterized as hazardous waste may be held until an acceptable recipient capable of decontaminating the items, and/or salvaging parts of the items, can be found. Recipients may be considered acceptable and capable of decontaminating or salvaging if they engage in that business professionally and have proper business license, and if required, Health Division approval. They must be willing to accept all risks and liabilities associated with ownership, operating, or reselling potentially contaminated items. (2) All revenue generated by the Department under subsection (1)(b) of this rule will be deposited in the Illegal Drug Cleanup Fund. Statutory/Other Authority: ORS 475.405 - 475.495 Statutes/Other Implemented: ORS 475.435 History: DEQ 4-1992, f. & cert. ef. 2-20-92 DEQ 47-1990, f. & cert. ef. 12-26-90 DEQ 25-1990(Temp), f. & cert. ef. 7-6-90
340-141-0001 Purpose and Applicability (1) The purpose of these rules is to establish: (a) Fees for covered vessels and facilities; (b) Contingency preparedness and planning standards for covered vessels and facilities needing approved plans before operating in Oregon; and (c) Standards for preparation, management and maintenance of contingency plans. (2) Applicability: The owner or operator of an onshore facility, offshore facility and covered vessel must prepare, submit and use oil spill prevention and emergency response plans in accordance with the requirements of this Division. Federal plans required under 33 C.F.R. 154, 40 C.F.R. 109, 40 C.F.R. 110, or the Federal Oil Pollution Act of 1990 or plans required by other states may be submitted to satisfy plan requirements under this Division, if DEQ deems that such federal or state requirements equal or exceed those of DEQ. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.405 Statutes/Other Implemented: ORS 468B.300 - 468B.500 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0010 Program Administration and Compliance Fees (1) All offshore and onshore facilities required to develop oil spill prevention and emergency response plans under ORS 468B.345 are required to pay the annual fee established in 468B.405(1). Fees for offshore and onshore facilities are due July 1 each year and cover the following 12 month period. (2) Covered vessels are required to pay the per trip or daily fee established in 468B.405(1). Fees for covered vessels must be remitted to DEQ within 60 days of the conclusion of each trip. (3) Moneys collected under this rule will be deposited in the State Treasury to the credit of the Oil Spill Prevention Fund established by ORS 468B.410. DEQ may not use funds deposited in the Oil Spill Prevention Fund to pay DEQ’s costs that it may pay with funds deposited in the High Hazard Train Route Oil Spill Preparedness Fund. Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.500 Statutes/Other Implemented: ORS 468B.405 History: DEQ 8-2021, amend filed 05/20/2021, effective 05/20/2021 DEQ 18-2010, f. & cert. ef. 12-23-10 DEQ 8-2005, f. & cert. ef. 7-14-05 DEQ 2-2003, f. & cert. ef. 1-31-03
340-141-0100 Plan Preparation (1) The owner or operator of each onshore and offshore facility handling or storing 10,000 gallons of oil or more per day and of each covered vessel must prepare a contingency plan for the prevention, containment and cleanup of oil spills from the facility or vessel into the navigable waters of the state, and for the protection of fisheries and wildlife, other natural resources and public or private property from such spills. (2) Plans must be in a form usable for oil spill prevention, control, containment, cleanup and disposal operations and must be capable of being located as required by OAR 340-141-0210(1) and (2). (3) Plans must be thorough and contain enough information, analyses, supporting data and documentation to demonstrate the plan holder’s ability to meet the requirements of this division. (4) Plans must be designed to promptly and properly remove oil and minimize environmental damage to the maximum extent practicable. They must cover a variety of spill sizes, including average most probable spills and worst case spills. At a minimum, plans must meet the plan content criteria specified in OAR 340-141-0140 and meet the planning standards in 340-141-0150. Statutory/Other Authority: ORS 468.020 & 468B.395 Statutes/Other Implemented: ORS 468B.355 History: DEQ 2-2003, f. & cert. ef. 1-31-03