justicedao/ipfs_state_laws huggingface dataset:
340-120-0025 Off-Site Transportation Emergencies An emergency response team owned by or under contract to the owner or operator of the facility shall be located within 25 miles of the facility. The team shall be capable of immediately responding to spills, occurring within 50 miles of the facility, of waste traveling to the facility. Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 466.020, 466.025 & 468.020 History: DEQ 12-1986, f. & ef. 5-20-86
340-122-0010 Purpose (1) These rules establish the standards and procedures to be used under ORS 465.200 through 465.455 and 465.900 for the determination of removal and remedial action necessary to assure protection of the present and future public health, safety and welfare, and the environment in the event of a release or threat of a release of a hazardous substance. (2) These rules also establish the standards and procedures to be used under ORS 465.200 to 465.455 and 465.900 and 466.706 to 466.835 and 466.895 for the determination of remedial action or corrective action of releases of petroleum from underground storage tanks necessary to assure protection of the present and future public health, safety and welfare, and the environment in the event of a release or threat of a release of petroleum. (3) These rules further establish the procedures for implementation of a site discovery program for hazardous substance releases pursuant to ORS 465.215 through 465.245 and 465.405, including a process for evaluation and preliminary assessment of releases of hazardous substances, and a process for developing and maintaining a statewide list of confirmed releases and an inventory of sites requiring investigation, removal, remedial action, or related long-term engineering or institutional controls. Statutory/Other Authority: ORS 465.400(1), 465.405, 466 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 29-1990, f. & cert. ef. 7-13-90 DEQ 29-1988, f. & cert. ef. 11-9-89 DEQ 26-1988, f. & cert. ef. 9-16-89
340-122-0030 Scope and Applicability These rules apply to the release or threat of release of hazardous substances into the environment, except as provided below: (1) Exempted Releases. These rules shall not apply to releases exempted pursuant to ORS 465.200(21)(a), (b), (c), and (d). (2) Conditional Exemption of Permitted Releases. These rules do not apply to permitted or authorized releases of hazardous substances, unless the Director determines that application of these rules might be necessary in order to protect public health, safety or welfare, or the environment. These rules may be applied to the deposition, accumulation, or migration resulting from otherwise permitted or authorized releases. (3) Relationship to Other Cleanup Actions: (a) Except as provided under subsection (3)(b) of this rule, these rules do not apply to releases where one of the following actions has been completed: (A) Spill response pursuant to ORS 466.605 to 466.680; (B) Oil spill cleanup on surface waters pursuant to ORS 468B.300 to 468B.500; (C) Corrective action of a release of a hazardous waste pursuant to ORS 466.005 to 466.357; (D) Cleanup pursuant to ORS 468B.005 to 468B.095. (b) Where hazardous substances remain after completion of one of the actions referred to in subsection (3)(a), these rules apply if the Director determines that a preliminary assessment or additional investigation or remediation may be necessary to protect public health, safety, or welfare, or the environment. (4) Corrective Action for Petroleum Releases from Underground Storage Tanks. OAR 340-122-0205 to 340-122-0360 shall apply to corrective action for releases of petroleum from underground storage tanks that are subject to ORS 466.706 to 466.835 and 466.895, except as provided under OAR 340-122-0215(2), authorizing the Director to order the remedial action or corrective action under OAR 340-122-0010 to 340-122-0110. (5) Nothing in these rules regarding listing on the Confirmed Release List or the Inventory, OAR 340-122-0073 through 340-122-0079, shall be construed to be a prerequisite to or otherwise affect the liability of any person or the authority of the Director to undertake, order, or authorize a removal, remedial action, or other activities under ORS Chapter 465 or other applicable law. (6) Any determination of current or reasonably likely future land uses or beneficial uses of water pursuant to these rules shall apply only for the purpose of selecting or approving removal or remedial actions under these rules. Statutory/Other Authority: ORS 465.400(1), 465.405, 466 & 468.020 Statutes/Other Implemented: ORS 465.200 - 465.455 & 465.900 History: DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 12-1992, f. & cert. ef. 6-9-92 DEQ 29-1990, f. & cert. ef. 7-13-90 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89) DEQ 29-1988, f. & cert. ef. 11-9-88 DEQ 26-1988, f. & cert. ef. 9-16-89
340-122-0040 Standards (1) Any removal or remedial action shall address a release or threat of release of hazardous substances in a manner that assures protection of present and future public health, safety, and welfare, and the environment. (2) In the event of a release of a hazardous substance, remedial actions shall be implemented to achieve: (a) Acceptable risk levels defined in OAR 340-122-0115, as demonstrated by a residual risk assessment; or (b) Numeric cleanup standards developed as part of an approved generic remedy identified or developed by the Department under OAR 340-122-0047, if applicable; or (c) For areas where hazardous substances occur naturally, the background level of the hazardous substances, if higher than those levels specified in subsections (2)(a) through (2)(b) of this rule. (3) In the event of a release of methane from a historic solid waste landfill, removal or remedial actions shall be implemented to prevent concentrations of methane exceeding or likely to exceed 1.25% by volume in confined spaces and structures, other than in equipment, piping, wells, or other structures designed for the collection and management of methane and approved by the Department. (4) In the event of a release of hazardous substances to groundwater or surface water constituting a hot spot of contamination, treatment shall be required in accordance with OAR 340-122-0085(5) and 340-122-0090. (5) A removal or remedial action shall prevent or minimize future releases and migration of hazardous substances in the environment. A removal or remedial action and related activities shall not result in greater environmental degradation than that existing when the removal or remedial action commenced, unless short-term degradation is approved by the Director under OAR 340-122-0050(4). (6) A removal or remedial action shall provide long-term care or management, as necessary and appropriate, including but not limited to monitoring, operation, maintenance, and periodic review. Statutory/Other Authority: ORS 465.400(1), 466 & 468.020 Statutes/Other Implemented: ORS 465.200 - 465.455 & 465.900 History: DEQ 3-2006, f. & cert. ef. 3-17-06 DEQ 9-2002, f. & cert. ef. 8-22-02 DEQ 3-2002(Temp), f. 2-21-02 thru 8-20-02 DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 12-1992, f. & cert. ef. 6-9-92 DEQ 26-1988, f. & cert. ef. 9-16-89
340-122-0047 Generic Remedies (1) The Department may identify or develop generic remedies for common categories of facilities, hazardous substances, or impacted media. For purposes of this rule, a “generic remedy” means a potential remedial technology or method developed or identified by the Department for use at eligible facilities on a streamlined basis with limited evaluation of other remedial action alternatives. Generic remedies may be used as follows: (a) A generic remedy that has been developed or identified by the Department may be proposed for use at an eligible facility. When evaluating a generic remedy proposed for use at a specific facility, the specific requirements of the remedial investigation or feasibility study may be focused or eliminated, with Department approval. (b) Any generic remedy which allows for elimination of the requirement for conducting a site-specific feasibility study shall be based on a generic feasibility study documenting the Department’s conclusions with respect to the manner in which facilities eligible for use of the generic remedy will meet the requirements of OAR 340-122-0085 and 340-122-0090. (c) Any generic remedy which includes numeric cleanup standards as a component of the remedy shall be based on a generic risk assessment documenting the Department’s conclusions with respect to how facilities eligible for use of the generic remedy will achieve acceptable risk levels and other requirements of OAR 340-122-0084 through 340-122-0090. (2) In developing generic remedy guidance, the Department will provide opportunities for public participation regarding the scope and content of the guidance. (3) Remedial actions proposed under this rule are subject to the public participation requirements provided under ORS 465. 320 and OAR 340-122-0100. (4) The Department may select or approve use of a generic remedy at a specific facility upon a facility-specific demonstration that the generic remedy is consistent with Department generic remedy guidance and in compliance with OAR 340-122-0090(1). Statutory/Other Authority: ORS 465.315 & 465.400 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97
340-122-0050 Activities (1) The Director may perform or require to be performed the following activities: (a) Preliminary Assessment; (b) Removal; (c) Remedial Investigation; (d) Risk Assessment; (e) Feasibility Study; or (f) Other investigations and remedial action. (2) These activities, and the scope of these activities, are to be determined by the Director on a case-by-case basis. The Director may determine that all, a combination of less than all, or only one of the above activities are necessary at a facility. (For example, based upon the results of the preliminary assessment, the Director might find that a remedial investigation and feasibility study are not necessary.) The Director may also determine that performance of the above activities shall overlap or occur in an order different than that set forth in section (1) of this rule. (For example, the Director might find that a removal must be undertaken during a remedial investigation.) (3) Removals, remedial actions, preliminary assessments, remedial investigations, feasibility studies, and related activities shall be performed by any person who is ordered or authorized to do so by the Director, or may be performed by the Department. (4) The Director may allow short-term degradation of the environment during a removal or remedial action or related activities, provided that the Director finds: (a) Such short-term degradation cannot practicably be avoided during implementation of the removal or remedial action or related activities; (b) The removal or remedial action or related activity is being implemented in accordance with a schedule approved by the Department; and (c) The short-term degradation does not present an imminent and substantial endangerment to the public health, safety or welfare, or the environment. Statutory/Other Authority: ORS 465 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 26-1988, f. & cert. ef. 9-16-89
340-122-0070 Removal (1) Based upon the Preliminary Assessment or other information, the Director may perform, require to be performed, or approve a removal that the Director determines is consistent with the standards set forth under OAR 340-122-0040 and is necessary to prevent, minimize, or mitigate damage to the public health, safety and welfare, and the environment that might result from the release or threat of release of hazardous substances. A removal may address potential harm posed by the toxicity, corrosivity, flammability, ignitability, and other threats to public health, safety and welfare, and the environment from a release or threat of release. A removal may include, but is not limited to, offsite transport and disposal of hazardous substances if such action would be consistent with and expedite completion of remedial action or would minimize the need for onsite engineering or institutional controls. (2) The performance of a removal shall not affect the Director’s authority to perform or require to be performed a remedial action in addition to the removal, if such remedial action will permanently or more fully address a release or threat of release of hazardous substances. The Director may undertake or require that a removal be undertaken at any time from the discovery of a release or threat of a release through the completion of a remedial action. Statutory/Other Authority: ORS 465.400(1) & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 12-2000, f. & cert. ef. 7-27-00 DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 12-1992, f. & cert. ef. 6-9-92 DEQ 26-1988, f. & cert. ef. 9-16-89
340-122-0071 Site Evaluation (1) When the Department receives information about a release or potential release of a hazardous substance, the Department shall evaluate the information and document its conclusions. The purpose of the site evaluation is to determine whether a release has or might have occurred and whether the release may pose a significant threat to public health, safety and welfare, or the environment. (2) The Department may request or gather additional information to complete the site evaluation. When evaluating the potential for human health and ecological impacts, the Department may consider, but is not limited to considering, the potential presence in the locality of the facility, of: (a) Human populations; (b) Any sensitive human subpopulations; (c) Threatened and endangered species or their critical habitat; (d) Ecological receptors, including any terrestrial or aquatic habitat(s); (e) Exposure pathways potentially connecting receptors with hazardous substances; and (f) Current and reasonably likely future land and water uses. (3) After a site evaluation is completed, the Department will determine whether a preliminary assessment, removal, remedial action, other action, or no further action is needed at the facility. Statutory/Other Authority: ORS 465.315 & 465.400 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - .835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0425 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0073 Confirmation of a Release (1) The Director shall determine that a release of a hazardous substance has been confirmed for the purposes of listing a facility on the Confirmed Release List or the Inventory if the Director determines that the release meets the criteria in subsections (a) and (b) of this section: (a) The release has been documented by: (A) An observation made and documented by a qualified government inspector or agent; (B) A written statement or report from an owner, operator, or representative authorized by an owner or operator stating that the release has occurred; or (C) Laboratory data indicating the hazardous substance has been detected at levels greater than background levels. (b) The release is not excluded under section (2) of this rule. (2) A release shall not be defined as a “confirmed release” pursuant to section (1) of this rule if, based on the information available at the time a final listing decision is made, the Director determines that the release meets any of the following criteria: (a) The release is a de minimis release; (b) The release by its nature rapidly dissipates to undetectable or insignificant levels and poses no significant threat; (c) The release is a permitted or authorized release, but not including deposition, accumulation, or migration of substances resulting from an otherwise-permitted or authorized release; (d) The release is a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) and applied for its intended purpose in accordance with label directions, but not including deposition, accumulation, or migration of substances resulting from an otherwise-authorized release; (e) The release has been cleaned up to a level that is consistent with rules adopted by the Commission under ORS 465.400 or Chapter 466 or that poses no significant threat to present or future public health, safety, welfare, or the environment; or (f) The release otherwise requires no additional investigation, removal, remedial action, or long-term environmental or institutional controls related to removal or remedial action to assure protection of present and future public health, safety, welfare, and the environment. (3) A release shall not be excluded pursuant to section (2) of this rule if continuing environmental or institutional controls related to removal or remedial action are required to assure protection of present and future public health, safety, welfare, and the environment. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 465.400(1), 465.405 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0427 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0074 Development of Confirmed Release List (1) For the purpose of providing public information, the Director shall develop and maintain a Confirmed Release List of all facilities for which the Director has confirmed a release of a hazardous substance in accordance with OAR 340-122-0073. (2) The list shall include, at a minimum, the following items, if known: (a) A general description of the facility; (b) Address or location; (c) Time period during which a release occurred; (d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance; (e) Type and quantity of a hazardous substance released at the facility; (f) Manner of release of the hazardous substance; (g) Concentration, distribution, and characteristics of a hazardous substance, if any, in groundwater, surface water, air, and soils at the facility; and (h) Status of removal or remedial actions at the facility. (3)(a) At least 60 days before adding a facility to the Confirmed Release List, the Director shall notify the owner and operator, if known, of all or any part of the proposed facility by certified mail or personal service, and shall provide an opportunity to comment on the proposed listing within 45 days after receiving the notice. For good cause shown, the Department may grant an extension of up to 45 days for comment; (b) The Director shall consider relevant and appropriate information submitted to the Department in determining whether to add a facility to the Confirmed Release List. Whenever the Director makes a decision to add a facility to the List, the Director shall make a written response to each substantive comment and any material new data submitted during the comment period. Statutory/Other Authority: ORS 465.400(1), 465.405 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 9-1998, f. & cert. ef. 6-18-98 DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0430 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0075 Development of Inventory (1) For the purpose of providing public information, the Director shall develop and maintain an Inventory of facilities for which the Director: (a) Has confirmed a release of a hazardous substance in accordance with OAR 340-122-0073; and (b) Based on a preliminary assessment approved or conducted by the Department, has determined that additional investigation, removal, remedial action, or long-term environmental or institutional controls related to removal or remedial action are required to assure protection of present and future public health, safety and welfare, and the environment. (2) The Inventory shall include, at a minimum, the items required for the Confirmed Release List, described in OAR 340-122-0074(2), and the following items, if known: (a) Hazard ranking and narrative information regarding threats to the environment and public health; and (b) Information that indicates whether the remedial action at the facility will be funded primarily by: (A) The Department through the use of moneys in the Hazardous Substance Remedial Action Fund; (B) An owner or operator or other person under an agreement, order, or consent decree under ORS Chapter 465; or (C) An owner or operator or other person under other state or federal authority. (3)(a) At least 60 days before a facility is added to the Inventory the Director shall notify the owner and operator, if known, of all or any part of the facility of the proposed listing by certified mail or personal service. The notice shall include a copy of the preliminary assessment on which the listing is based, and the documentation used to calculate a site score in accordance with OAR 340-122-0076(1)(a). The notice may reference these documents if they have been previously provided. The notice shall inform the owner and operator of the opportunity to comment on the information contained in the preliminary assessment and on the proposed site score within 45 days after receiving the notice. For good cause shown, the Department may grant an extension of up to 45 days for comment. (b) The Director shall consider relevant and appropriate information submitted to the Department in determining whether to add a facility to the Inventory. Whenever the Director makes a decision to add a facility to the Inventory, the Director shall make a written response to each substantive comment and any material new data submitted during the comment period. (4) At least quarterly, the Department shall publish notice of updates to the Inventory. The notice shall include a brief description of the facilities added or removed, and shall be published in the Secretary of State’s Bulletin and submitted to local newspapers of general circulation in locations affected by the listings and to interested persons or community organizations. Statutory/Other Authority: ORS 465.000(1), 465.400(1), 465.405, 465.410 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 9-1998, f. & cert. ef. 6-18-98 DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0440 DEQ 5-1991, f. & cert. ef. 3-18-91 DEQ 29-1990, f. & cert. ef. 7-13-90