justicedao/ipfs_state_laws huggingface dataset:
340-142-0030 Emergency Action (1) In the event of a spill or release or threatened spill or release of oil or hazardous material, the person owning or having control over the oil or hazardous material must take the following actions: (a) Immediately implement the applicable spill plan or other contingency plan document prepared in compliance with the requirements of a federal, state, or local government authority, or (b) If a spill plan or contingency plan covered in section (1)(a) of this rule is not implemented for any reason, immediately take the following actions in the order listed: (A) Activate alarms or otherwise warn persons in the immediate area; and (B) Undertake every reasonable method to stop the spill and contain the oil or hazardous material; and (C) If there is a medical emergency or public safety hazard call 911, where available, or local fire and/or police where 911 does not exist. (D) Arrange for properly trained and equipped personnel or contractor to stop any continuing release and manage the specific material spilled: (i) Responsible persons will immediately hire a qualified contractor to respond and manage the spill if the necessary actions are beyond the ability of the responsible person’s representatives on-site or the responsible person’s own response services will be delayed in arriving at the spill site. (ii) If the person owning or having control over oil or hazardous material does not, or can not, immediately arrange a response acceptable to the Department, the Department may dispatch a contractor. The Department will seek recovery of all costs incurred by the Department resulting from this action. (c) In addition to subsection (1)(a) or (1)(b) above, immediately report the spill or release as required by OAR 340-142-0040. (2) Responsible persons at the site of an oil or hazardous materials spill must make an initial assessment of the spill. Responders must coordinate resource deployment with the Department if the spill is being managed by the Department. This includes responses where the responsible person is coordinating contractor activities with Department guidance. It does not include first responders acting solely under the direction of a local fire department or the Oregon State Fire Marshal. (3) The responsible person must clean up the spill or release, and take steps to mitigate any threatened spill or release of oil or hazardous material as provided in this division. The Department may, in any case, evaluate the action taken and may require additional action to complete the cleanup and disposal. The costs of such an evaluation are cleanup costs recoverable by the Department from the liable party. (Comment: 40 CFR 264.1(g) states that a hazardous waste management facility permit is not required for treatment or containment activities taken during immediate response to a spill or release of a hazardous waste.) Statutory/Other Authority: ORS 183, 459, 466 & 468B Statutes/Other Implemented: ORS 466.635, 466.625 & 466.645 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0040 Required Reporting (1) Reporting is required if the amount of oil or hazardous material spilled or released, or threatening to spill or release, exceeds the reportable quantity established in ORS 466.605 or listed in OAR 340-142-0050, or will exceed a reportable quantity in any 24-hour period. Immediately report the spill or release or threatened spill or release to the Oregon Emergency Management Division’s Oregon Emergency Response System (OERS) by calling 1-800-452-0311. (2) No present release of material is needed to qualify as a threatened spill or release. Threatened spills or releases of oil or hazardous material likely to escape or be carried into the air or into or on any land or waters of the state include, but are not limited to: (a) The loss of steering or propulsion by a deep draft vessel while it is operating in the Columbia River or Coastal Bay Zones; (b) The accidental loss of tow or control during an oil barge transit of the Columbia River or the Coastal Bays Planning Zones; (c) The grounding, allision, or collision of vessels, vehicles, or rail cars where reportable quantities of materials are involved and are at risk of release; (d) The physical compromise of a containment system or container holding any oil or hazardous material of an amount that could become a reportable quantity when spilled over less than a 24 hour time period. (3) Reports of spills and releases, or threats of spills and releases, from vessels, containers or tanks must include an estimate of the actual volume of the contents of the source vessel, container or tank. (4) The spill or release of hazardous materials for which the reportable quantity has been exceeded need not be reported to the Oregon Emergency Response System if all of the following conditions are met: (a) It occurs within an engineered containment area with an impervious surface designed to contain such a release; (b) It does not penetrate any surface of the containment area; (c) The spilled material does not and will not escape the containment; (d) It is completely cleaned up in less than 24 hours; and (e) The cause of the spill or release is repaired. Statutory/Other Authority: ORS 465, 466 & 468B Statutes/Other Implemented: ORS 466.625 & 466.635 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0050 Reportable Quantities (1) Spills and releases, or threatened spills or releases of oil or hazardous materials as defined by OAR 340-142-0005(9) in quantities equal to or greater than the following amounts must be reported: (a) Any quantity of radioactive material or radioactive waste; (b) If spilled or discharged into waters of the state or in a location from which it is likely to escape into waters of the state any quantity of oil that would produce a visible film, sheen, oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines; (c) If spilled on the surface of the land, and not likely to escape into waters of the state, any quantity of oil over one barrel (42 gallons); (d) An amount equal to or greater than the quantity listed in 40 CFR Part 302 — Table 302.4 (List of Hazardous Substances and Reportable Quantities) and amendments adopted prior to July 1, 2002; [Table not included. See ED. NOTE.] (e) 10 pounds or more of a hazardous material not otherwise listed as having a different reportable quantity by the Department or the United States Environmental Protection Agency on the list of hazardous substances in 40 CFR 302.4; (f) Any quantity of chemical agent (such as nerve agents GB or VX, blister agent HD, etc.); (g) 200 pounds (25 gallons) of pesticide residue; (h) Any quantity of a material regulated as a Chemical Agent under ORS 465.550; (i) Any quantity of a material used as a weapon of mass destruction, or biological weapon; (j) One pound (1 cup) or more of dry cleaning solvent, including perchloroethylene, spilled or released outside the designed containment by a dry cleaning facility regulated under ORS 465.505(4). (2) Spills or releases of products, mixtures or solutions containing oil or hazardous materials for which reporting is required must also be reported if the total quantity of all the hazardous materials in the mixture or solution (in pounds) exceeds the lowest reportable quantity referenced in this rule for any one of the hazardous materials in the mixture or solution. A person may rely upon actual knowledge and readily available information such as material safety data sheets (MSDS), shipping papers, hazardous waste manifests and container labels, to determine the presence and concentration of hazardous materials in a mixture or solution. (3) The quantity determination required by section (1) of this rule will be the quantity of oil or hazardous material spilled or released before contacting or mixing with any other material or substance (e.g., with soil, water, sawdust, etc.). In the case of a threatened spill or release, the applicable quantity is the amount of oil or hazardous material in the container or tank from which a spill or release is likely and imminent. [ED. NOTE: Tables referenced are available from the agency.] Statutory/Other Authority: ORS 183, 459, 465, 466 & 468B Statutes/Other Implemented: ORS 465.550, 466, 605, 466.625, 466.630 & 466.635 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0060 Cleanup Standards (1) Any person liable for a spill or release or threatened spill or release of oil or hazardous materials must immediately clean up the spill or release or threatened spill or release as required by applicable Department rules. The cleanup of a threatened spill or release must be accomplished by taking immediate repair, corrective or containment action. (2) Spills and releases of oil or hazardous materials must be cleaned up as completely as possible. The acceptable level of oil or hazardous material that may remain will be determined by the Department in a manner consistent with OAR 340 division 122-0010 to 122-0590, or a rule of the Department applying to the specific material being cleaned up. (3) Spills and releases of hazardous wastes must be cleaned up in accordance with OAR 340 division 102 immediately after completion of the emergency actions. Cleanup standards applied will be consistent with those applied to non-emergency cleanups. (4) Intentional dilution of wastes during a spill response to avoid regulations is prohibited. Statutory/Other Authority: ORS 466 Statutes/Other Implemented: ORS 466.625 & 466.645 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0070 Approval Required for Use of Chemicals (1) Use of any material on water to coagulate oil spills, treat oil spills, or disperse oil spills, must be specifically approved by the Department in advance of such use. (2) Physical removal of oil, and any materials added to the environment during the spill response, will ordinarily be required unless the Department determines the use of chemical dispersants is warranted by extreme fire danger or other unusually hazardous circumstances. (3) Use of surfactants and treatments to remove oil spill contamination from marine structures and vessels is limited to those materials approved by the Department during a response. (4) Fire suppressant materials must be used in accordance with the manufacturer’s instructions. Statutory/Other Authority: ORS 468B Statutes/Other Implemented: ORS 468B.315 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0080 Disposal of Recovered Spill Materials (1) Spilled oils and oil contaminated materials resulting from control, treatment, and clean up must be handled and disposed of in a manner approved by the Department. (2) Oils and oily wastes resulting from clean up of an oil spill may be disposed of by reclaiming and recycling, disposing at a disposal site operated under and in accordance with a permit issued pursuant to ORS Chapter 459 or treating and discharging in accordance with a permit issued under 468B.050. (3) Recovered hazardous materials or hazardous waste must be disposed of in compliance with the rules and statutes applicable to the specific material after the emergency phase of a response is complete. Disposal conducted during the emergency must be consistent with Department rules unless health, safety, and environmental concerns require alternate procedures approved by the Department during the emergency. (4) Any storage of recovered oil or hazardous materials between its recovery and permanent disposal must be of sufficient capacity and design to provide for complete containment of all recovered materials and contaminated media. Interim storage must also be sited so as to cause the lowest practicable environmental impact, and be fully compatible with all applicable safety requirements. Statutory/Other Authority: ORS 459 Statutes/Other Implemented: ORS 468B.315 History: DEQ 12-2017, minor correction filed 10/30/2017, effective 10/30/2017 DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0090 Cleanup Report The Department may require the responsible person to submit a written report to the Department describing all aspects of the spill and cleanup, and steps taken to prevent a recurrence. Statutory/Other Authority: ORS 183, 466 & 468B Statutes/Other Implemented: ORS 466.610, 466.625, 466.645 & 468B.305 - 315 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0100 Sampling/Testing Procedures All samples used to support and define spill cleanup must be of a type approved by EPA, or the Department, such as those listed in the EPA Office of Solid Waste guidance SW 846. Samples and sampling procedures must be appropriate for the site conditions and materials spilled and be consistent with Department guidance. If the cleanup of spilled materials will be part of a more complex site cleanup, sampling procedures and plans should anticipate greater information needs and be developed and coordinated with the Department. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 466 & 468B Statutes/Other Implemented: ORS 466.625 History: DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0120 Information Requests, Inspections and Investigations (1) To determine the need for response to a spill or release or threatened spill or release under ORS 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, or enforce the provisions of 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material must, upon the request of the Department: (a) Furnish information relating to the oil or hazardous material; and (b) Permit the Department at all reasonable times to have access to and copy records relating to the type, quantity, storage locations and hazards of the oil or hazardous material. (2) To carry out section (1) of this rule, the Department may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present. (3) The Department may conduct an investigation as necessary to identify the person or persons responsible for a spill or release or threatened spill or release. The cost of this investigation is a cleanup cost and recoverable from the liable party or parties. (4) ORS 192.501 provides that certain records (i.e., trade secrets) are exempt from disclosure under 192.410 to 192.505 unless the public interest requires disclosure in a particular instance. Persons required to provide information under section (1) of this rule may request that the Department treat some or all of their information as exempt from public disclosure by: (a) Making the claim in writing at the time the requested information is first provided to the Department; and (b) Providing any written documentation or analysis that supports the claim of exemption from public disclosure at the time the requested information is first provided to the Department. Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 192.501, 466.190, 466.610 & 468.095 History: DEQ 107-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 3-2003, f. & cert. ef. 1-31-03
340-142-0130 Incident Management and Emergency Operations (1) Any person required by an approved plan or a rule, contract, permit or formal agreement to coordinate activity with the Department during an emergency involving a spill or release of oil or hazardous material must follow a protocol of organization consistent with the National Incident Management System (NIMS). (2) Any person required by an approved plan or a rule, contract, permit or formal agreement to coordinate activity with the Department during an emergency involving a spill or release of oil or hazardous material must accept the Department as the Lead Agency of the State for cleanup at oil and hazardous materials incidents. The Department will assign a State On-Scene Coordinator (SOSC). The SOSC will represent all state agencies responding to the incident. The SOSC will be the point of contact through which the Director will delegate assignments in an emergency. The SOSC will assume the NIMS command role from any local Incident Commander when the incident requires state or federal management. (3) Any person required to coordinate with the Department must do so regardless of whether or not the Department staff responding to the spill or other emergency is available at the site of the spill or other emergency. The Department may provide services from a remote location. Telephone communication, electronically transmitted data, facsimile transmission, or other communication with responders constitutes a presence at an incident command location or spill site and carries the full authority of the Department. Statutory/Other Authority: ORS 466.625 & 468B.010 Statutes/Other Implemented: ORS 466.610, 466.620 & 468B.395 History: DEQ 8-2005, f. & cert. ef. 7-14-05 DEQ 3-2003, f. & cert. ef. 1-31-03
340-143-0001 Authority, Purpose, and Scope (1) These rules establish procedures for management of ballast water, and reporting of ballast water management information as regulated under ORS 783.620 through 783.640. The rules’ purpose is to protect waters of the state from ecological and economic threats associated with aquatic nonindigenous species. (2) All vessels greater than 300 gross tons equipped with ballast water tanks traversing into waters of the state are subject to these rules, except a vessel that: (a) Traverses only internal waters of the state; or (b) Traverses only the territorial sea of the United States and does not enter or depart an Oregon Port or navigate waters of the state. (3) Under ORS 783.630(2), these rules do not authorize the spilling or releasing of any oil or hazardous materials in a manner prohibited by state or federal laws or regulations. Ballast water carried in any tank containing a residue of oil or any other pollutant must be discharged in accordance with applicable regulations. Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640 Statutes/Other Implemented: ORS 783.620 - 783.640 History: DEQ 4-2011, f. & cert. ef. 3-17-11 DEQ 17-2002, f. 11-1-02, cert. ef. 12-1-02
340-143-0005 Definitions (1) Definitions defined under statute: This division uses the definitions for the following terms provided in ORS 783.625: (a) “Ballast water”; (b) “Cargo vessel”; (c) “Empty ballast tank”: (d) “Oil”; (e) “Open sea exchange”; (f) “Passenger vessel”; (g) “Sediment”; (h) “Ship”; (i) “Tank vessel”; (j) “Vessel”; (k) “Voyage”; and (l) “Waters of the State”. (2) Definitions defined by administrative rule: This division uses the following terms as defined in this rule: (a) "Coastal Ocean Exchange" means the exchange of ballast water in an area no less than 50 nautical miles from any shore and where the water depth exceeds 200 meters. (b) “Common Waters Zone” means the Pacific Coast of North America between 40 and 50 degrees north latitude. (c) "DEQ" means the Oregon Department of Environmental Quality. (d) “Exchange” means to replace the water in a ballast tank using either flow-through exchange, empty/refill exchange, or other exchange methods described under U.S. Coast Guard rules, 33 CFR, part 151.2005. (e) “Exclusive Economic Zone” extends from the baseline of the U.S. territorial sea seaward 200 nautical miles. (f) “High-risk Ballast Water” means unexchanged or untreated ballast water obtained from a coastal area outside the common waters zone identified in this rule. (g) "Internal Waters of the State" means those waters of this state that do not have shared jurisdiction with an adjacent state. (h) “Nonindigenous Species” means any species or other viable biological material entering an ecosystem beyond its natural range. This also includes seeds, eggs, spores and other biological material entering an ecosystem beyond its natural range. (i) “Pacific Coast Region” means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 20 degrees N latitude, inclusive of the Gulf of California. (j) "Port" means any place to which a vessel is bound to anchor or moor. (k) “Saltwater flush” means to pump coastal ocean or open sea water, depending upon last ballast source location, into an empty ballast tank in a volume sufficient to ensure that after discharging the ballast water, the remaining residual ballast water and sediment has a salinity greater than or equal to 30 parts per thousand. (l) "Territorial Sea of the United States" means the waters extending three nautical miles seaward from the coastline in conformance with federal law. Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640 Statutes/Other Implemented: ORS 783.620 - 783.640 History: DEQ 20-2023, amend filed 11/20/2023, effective 12/01/2023 DEQ 4-2017, f. 1-19-17, cert. ef. 3-1-17 DEQ 4-2011, f. & cert. ef. 3-17-11 DEQ 17-2002, f. 11-1-02, cert. ef. 12-1-02
340-143-0010 Ballast Water Management: Discharge Prohibitions (1) Vessels may not discharge ballast water containing oil or hazardous material into waters of the state. (2) Vessels may not discharge ballast water into waters of the state unless: (a) The vessel discharges ballast water only at the same location where the ballast water originated, provided that the master, operator or person in charge of the vessel can demonstrate compliance with section (3) of this rule or that the ballast water to be discharged was not mixed with ballast water or sediment from an area other than open sea waters. For purposes of this subsection, “same location” means an area within one nautical mile of the berth or within the recognized breakwater of an Oregon port or place, at which the ballast water to be discharged was loaded; (b) The owner or operator of the vessel conducted proper ballast water exchange management practices before entering waters of the state, as follows: (A) The vessel conducted an open sea exchange for ballast tanks containing water sourced outside the Exclusive Economic Zone; or (B) The vessel conducted a coastal ocean exchange for ballast tanks containing water sourced from a port within the Pacific Coast Region of North America; (c) The vessel obtained the ballast water solely from open sea waters that are no less than 200 nautical miles from any shore and where water depth exceeds 2,000 meters; (d) The ballast water originated solely from the common waters zone, as defined by OAR 340-143-0005(2); (e) The ballast water originated solely from municipal or treated drinking water sources and is not mixed with ballast water obtained from areas other than open sea waters; (f) The ballast water had been managed using a shipboard treatment system that meets the certification and discharge standards set forth in OAR 340-143-0050; or (g) The vessel owner or operator has declared a safety exemption as described under OAR 340-143-0040(2). (3) Vessels may not use empty ballast tanks that contain unpumpable residual ballast water for ballasting and subsequent deballasting within waters of the state unless the residual ballast water has salinity greater than or equal to 30 parts per thousand at the time of entering state waters. Vessel operators that are unable to verify the salinity of the residual ballast water before entering state waters must conduct a saltwater flush of empty ballast tank(s): (a) At least 200 nautical miles from any shore for tank(s) containing water sourced outside the Exclusive Economic Zone; or (b) At least 50 nautical miles from shore and in waters at least 200 meters deep for tank(s) containing water sourced within the Pacific Coast Region of North America. Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640 Statutes/Other Implemented: ORS 783.620 - 783.640 History: DEQ 21-2023, minor correction filed 11/20/2023, effective 11/20/2023 DEQ 4-2017, f. 1-19-17, cert. ef. 3-1-17 DEQ 4-2011, f. & cert. ef. 3-17-11 DEQ 17-2002, f. 11-1-02, cert. ef. 12-1-02