justicedao/ipfs_state_laws huggingface dataset:
340-124-0010 Purpose of Rules (1) These rules establish the standards and procedures to be used to implement ORS 465.200 and 465.500 through 465.548. (2) These rules establish: (a) Definitions for terms used in the rules; (b) Requirements for minimizing waste and releases from dry cleaning facilities; (c) Conditions dry cleaning facilities must meet to be eligible for funding; (d) Criteria used to determine the order in which remedial actions receive funding; (e) Criteria used to reimburse dry cleaner owners and dry cleaner operator for preapproved remedial action costs; and (f) The process by which inactive sites will be listed as required in accordance with Section 16 of 2001 Oregon Laws Chapter 495. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.200 & 465.500 - 465.548 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0015 Applicability These rules are applicable to: (1) Persons operating a dry cleaning facility or dry store. (2) Persons delivering perchloroethylene to a dry cleaning facility in Oregon. (3) Persons who own real property underlying active and inactive dry cleaning facilities. (4) Persons generating hazardous waste at a dry cleaning facility. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.200 & 465.500 - 465.548 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0050 Notification of Change at A Dry Cleaning Business or Dry Store The dry cleaning operator and/or dry store operator shall notify the Department on forms provided by the Department within 60 days of the applicable activities listed below: (1) Closure of a dry cleaning business; (2) Closure of a dry store; (3) Change of dry cleaning owner; (4) Change of dry cleaning operator; (5) Change of dry store operator; (6) Sale of a dry cleaning business; (7) Opening a new dry cleaning business; and (8) Opening a new dry store. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.505 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0055 Requirements for Dry Stores Any dry cleaning machinery at a dry store location shall have dry cleaning solvent and solvent-containing residue removed from the dry cleaning machinery in accordance with 40 CFR 261.4(c) and the dry cleaning machine shall not be connected to any utilities. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.505 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0060 Funding from Dry Cleaner Environmental Response Account at Dry Cleaning Facilities (1) For a contaminated dry cleaning facility to receive funding for remedial actions, conditions A through C must be met. (a) The person performing the remedial action shall submit a claim on a form to be provided by the Department: (A) If the claimant is not the real property owner, the claim shall provide proof that the real property owner has been notified of the claim; (B) If the property is leased, and the claimant is not the lessee, the claimant shall provide proof that the lessee has been notified of the claim; (C) The claim must contain the information requested by the Department, as well as all other known information concerning environmental contamination at the contaminated dry cleaning site. (b) The Department will review the completed claim and make a funding determination considering the criteria set forth in OAR 340-124-0065 and 0070. (c) The Department shall send a written notice of the funding determination to the claimant as soon as a determination is made. If the site is determined ineligible for funding, the notice of the determination shall state the reason or reasons for ineligibility. (d) The claimant shall be responsible for the deductible required under ORS 465.510(a) and (b). Adequate employee payroll records that document and support the number of employees employed in the dry cleaning business at the time of the release shall be provided to the Department. If the time of release is not known, the deductible will be calculated using the current number of employees. If adequate employee records are not available, the deductible shall be $10,000. (2) If an active dry cleaner becomes out of compliance with the requirements in ORS 465.505 (waste minimization), excluding subsection (3)(reporting), during the period of time the Department is assessing or remediating a site, the dry cleaner will be responsible for costs incurred by the Department at the site during the period of time the claimant was out of compliance. Costs incurred while the claimant was in compliance will be paid for from the Account. (3) Inactive dry cleaning facilities must be enrolled on a list as established in OAR 340-124-0080 to be eligible for funding from the Account. (4) If a claimant withdraws as a claimant, the Department may stop payment from the Account for remediation costs incurred at the dry cleaning facility. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.510 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0070 Remedial Actions Prior to Funding from Account (1) A person performing remedial action at a dry cleaning facility may apply to the Department to be reimbursed by the Account for remedial action costs incurred. The Department may use funds from the Account to reimburse the claimant for remedial action costs at the facility under the following circumstances: (a) Reimbursement from the Account shall be made in accordance with a written agreement or order between the claimant and the Department expressly authorizing reimbursement from the Account. The agreement or order must be entered into before the claimant conducts any remedial action for which reimbursement will be sought; (b) Actions of the claimant expedite remedial action at the site; (c) Remedial actions are conducted under Departmental oversight pursuant to the agreement or order; (d) Costs are preapproved and determined by the Department to be reasonable and necessary; (e) Funds from the Account will not be used for costs incurred during remedial action due to negligence or incompetence of claimant or claimant’s agent; and (f) A claim filed against the Account may be paid only from monies in the Account and only in accordance with the provisions of these rules. Any obligation to pay or reimburse claims against the Account shall be expressly contingent upon availability of monies in the Account. Neither the State nor any of its agencies shall have any obligation to pay or reimburse any costs for which monies are not available in the Account. (2) If a claimant undertakes actions that are preapproved and reimbursable pursuant to a DEQ order or agreement before Account money is available for reimbursement, funds shall be obligated for and reimbursed to the claimant for eligible expenses, as funds become available pursuant to the priority ranking system in section OAR 340-124-065. (3) Claimants shall meet all requirements for fund eligibility applicable at the time the activities are performed in order to receive reimbursement. (4) Only work plans and cost proposals approved in writing by Department staff prior to remedial action being conducted are eligible for reimbursement. (5) The Account shall provide reimbursement for the reasonable cost of Department-preapproved, investigation and remedial action. All costs consistent with cost proposals approved by the Department shall be considered reasonable costs. (6) Claims for reimbursement of costs shall be submitted in a format established by the Department and shall, at a minimum, include an itemization of all charges according to labor hours and rates, analytical charges, equipment charges, and other categories which may be identified by the Department, or which the claimant may wish to provide. (7) A claim for payment shall be received within one year from the date of performance of the work, which is the subject of the claim. (8) Payments from the Account will be made directly to the claimant. The claimant is responsible for final payments to the contractor(s) performing the work. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.510 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-124-0080 Enrolled Inactive Site List (1) The opportunity to be listed is limited to inactive dry cleaning facilities eligible to receive funding from the Account as of December 31, 2001. (2) To be eligible to receive funding from the Dry Cleaner Environmental Response Account, the current or former owner or former operator of an inactive dry cleaning facility or its representative must submit a completed Listing Application Form as provided by the Department. (a) For facilities that became inactive before December 31, 2001, an application for listing must be submitted on or before January 1, 2003. (b) For facilities that become inactive after January 1, 2002, an application for listing must be submitted within 180 days of becoming an inactive dry cleaning facility. (3) The Listing Application Form shall include the following information: (a) Dry cleaning facility name, address, contact person, telephone number and date facility began dry cleaning operations, (b) Dry cleaner operator information, including name, mailing address, contact person, phone number; (c) Information pertaining to the owner of the underlying real property, including owner name, mailing address, contact person, phone number; (d) Evidence that the dry cleaner operator operated the inactive facility listed on the application (e.g. local business license, receipts from dry cleaning supplies, tax returns, contracts, insurance policies); and (e) Any other information the Department may request. (4) An application is not complete and the Department shall reject any application in any of the following circumstances: (a) Applicant fails to provide information required by subsection 3 of this section; (b) Applicant falsified any information in its application that was material to the determination of the eligibility of the facility, priority ranking, nature, scope and extent of contamination to be assessed or remediated, or the appropriate means to contain and remediate the contaminants. (c) The $250 application fee is not paid. (5) Fees established in Section 16 of 2002 Oregon Laws chapter 495 shall be paid to maintain funding eligibility on an enrolled inactive facility until DEQ has issued a determination that no further action is necessary to remediate the site. The applicant may extend funding eligibility on an enrolled inactive dry cleaning facility after the no further action determination by continuing to pay the applicable annual fee. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: Sec. 16, Ch. 495 & OL 2001 History: DEQ 13-2002, f. & cert. ef. 10-9-02
340-130-0001 Purpose and Policies (1) These rules implement ORS 466.360 to 466.385 (Notice of Environmental Hazards). (2) Recognizing that sites with waste or contamination exist in the state that, if altered, are potentially hazardous to the health, safety and welfare of Oregon’s citizens, the Commission declares that: (a) Locations of potentially hazardous sites should be made known to local governments, property owners and occupants, and neighbors and future purchasers of property; (b) Use restrictions implemented through city and county comprehensive plans and land use regulations may be necessary on potentially hazardous sites to protect the public health, safety and the environment; (c) Changes in uses of potentially hazardous sites should be reviewed; and (d) An environmental hazard notice is a long-term tool to ensure a potentially hazardous site is not altered without first considering the impacts of the activity on the public health, safety and the environment. (3) An environmental hazard notice is not required for every site. An environmental hazard notice shall be issued by the Commission to protect the public health, safety and the environment. The factors of OAR 340-130-0015 shall be considered by the Commission when it determines whether to issue an environmental hazard notice for a particular site. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.360 History: DEQ 1-1988, f. & cert. ef. 1-27-88
340-130-0005 Definitions For the purposes of this Division, the following definitions apply: (1) “Commission” means the Environmental Quality Commission. (2) “Council” means the Energy Facility Siting Council. (3) “Department” means the Department of Environmental Quality. (4) “Director” means the Director of the Department of Environmental Quality. (5) “Dispose” or “Disposal” has the meaning contained in ORS 466.005(4). (6) “Environmental Hazard Notice” means a document prepared by the Department and issued to a city and/or a county by the Commission containing: (a) The legal description of the lot or parcel, or lots or parcels, where the potential hazardous site is located; (b) A specific description of the site, if different than the legal description of subsection (a) of this section, for which the notice applies; (c) A general map of the area where the site is located; (d) A description of the types of waste and levels of contamination identified or known to be present at the site; (e) The use restrictions that apply to the site; and (f) Findings which support the decision to issue an environmental hazard notice for the site. (7) “Hazardous Substance” has the meaning contained in ORS 466.540(9). (8) “Hazardous Waste” has the meaning contained in OAR 340-100-0010(0). (9) “Hazardous Waste Disposal Site” means the geographical site in which or upon which hazardous waste is disposed. (10) “Land Disposal Site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon. (11) “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. (12) “Potentially Hazardous Site” means a site where an alteration could create a condition which is hazardous to the public health, safety or welfare. (13) “Radioactive Waste” has the meaning contained in ORS 469.300(17). (14) “Recorded Interest” means any interest of a person in a site as recorded in the deed or mortgage records or the miscellaneous documents of the county. (15) “Release” has the meaning contained in ORS 466.540(14). (16) “Site” means a land disposal site, a hazardous waste disposal site, a disposal site containing radioactive waste, or an area where a hazardous substance has been released. (17) “Solid Waste” has the meaning contained in OAR 340-093-0030. Statutory/Other Authority: ORS 183, 466 & 468.020 Statutes/Other Implemented: ORS 466.360 & 466.365 History: DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 1-1988, f. & cert. ef. 1-27-88
340-130-0010 Exclusions (1) Subject to section (2) of this rule, an environmental hazard notice shall not be issued for a site: (a) Where investigation or cleanup activities are occurring or where the Department has determined will occur; or (b) Which presently is regulated by a disposal, discharge, or management permit or an order requiring remedial action, closure or corrective action issued by the Department or Commission; or (c) Where spills and releases have been or are being cleaned up pursuant to ORS 466.205, 466.645, 468.795, or the cleanup standards provided in OAR 340-108-0030. (2) An exception to section (1) of this rule may be made by the Commission if it finds that an environmental hazard notice is necessary to protect the public health, safety or the environment. This finding shall be included with the findings which support the decision to issue an environmental hazard notice for a site. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.365 History: DEQ 1-1988, f. & cert. ef. 1-27-88
340-130-0015 Factors for Issuing a Notice One or more of the following factors shall be considered by the Commission when determining whether to issue an environmental hazard notice for a particular site: (1) The likelihood that the site could threaten public health, safety or the environment if altered; (2) Population at risk; (3) Routes of exposure; (4) The amount, concentration and hazardous, toxic and radioactive properties of the waste or contamination present at the site; (5) The environmental impact of the waste or contamination (including, but not limited to, the impact on air and water quality, flora, and fauna) if the site is altered; (6) Surface water and groundwater hydrological factors (including, but not limited to, soil permeability, depth to saturated zone, hydrologic gradients, proximity to drinking water aquifers, floodplains and wetlands proximity); (7) Current and potential surface water and groundwater impacts and use; (8) Climate; (9) The requirements which were or are part of the closure and post-closure program for the site (including, but not limited to, final cover and cap, liners, leachate or gas collection, control or treatment systems, surface water control systems, any other components of containment, control or monitoring systems); (10) The need to be consistent with any deed or recording which already provides notice or is required to provide notice of environmental hazards at a site. (11) Level of regulatory control during the active life of the site; (12) History of impacts to the public health, safety or the environment resulting from the waste or contamination at the site. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.365 History: DEQ 101-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 1-1988, f. & cert. ef. 1-27-88
340-130-0020 Use Restrictions to Accompany a Notice (1) The Commission shall include use restrictions when it issues an environmental hazard notice. Use restrictions are included with a notice to ensure that uses at a potentially hazardous site do not cause the site to be altered in a manner that threatens the public health, safety or the environment. (2) Subject to section (3) of this rule, the list of use restrictions contained in section (4) of this rule shall accompany an environmental hazard notice issued by the Commission. (3) When the Commission issues an environmental hazard notice, it may: (a) Delete or modify one or more use restrictions of section (4) of this rule if it finds that the public health, safety, and the environment are sufficiently protected; and (b) Add or modify one or more use restrictions of section (4) of this rule if it finds that the public health, safety or the environment is not sufficiently protected. (4) Use Restrictions: (a) No cover relocation or penetration through the cover; (b) No modifications of surface drainage; (c) No installation of surface water impoundments; (d) No removal of waste or contaminated materials; (e) No disturbance of gas or leachate collection, control or treatment systems or monitoring wells; (f) No construction of enclosed structures; (g) No disturbance of or penetration through an engineered liner or cap; (h) No borings, pilings or well construction through the cover or an engineered liner or cap. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.370 & 466.375 History: DEQ 1-1988, f. & cert. ef. 1-27-88
340-130-0035 Procedures for Cities and Counties (1) Following the adoption of OAR 340, division 130 by the Commission, the Department shall notify all cities and counties of their potential responsibilities to carry out the provisions of ORS 466.360 to 466.385 and this rule. The notification shall include: (a) A copy and a brief summary explaining the requirements of ORS 466.360 to 466.385 and OAR 340, division 130; (b) Model language for amending comprehensive plans and land use regulations to incorporate procedures to implement environmental hazard notices; and (c) Information describing how to obtain technical assistance from the Department of Land Conservation and Development and the Department of Environmental Quality to assist cities and counties in complying with this rule. (2) All cities and counties receiving an environmental hazard notice issued by the Commission shall amend their comprehensive plans and land use regulations, including zoning maps, in accordance with the requirements of ORS 466.385, section (3) of this rule and the requirements and use restrictions specified in the environmental hazard notice. This amendment shall occur: (a) By the first periodic review under ORS 197.640 following adoption of these rules, if the city or county receives an environmental hazard notice prior to the first periodic review; or (b) Within 120 days of receiving an environmental hazard notice, if the city or county receives the environmental hazard notice after its first periodic review following adoption of these rules. (3) A city or county shall not approve a proposed use of a site, parcel or lot for which the city or county has received an environmental hazard notice until the Department has been notified and provided the city or county with comments on the proposed use. The Department shall be notified not less than 21 days before the final date established by the city or county for submission of information. If no comment is received before final action is taken by the city or county, the department shall be deemed to have no comment on the application. (4) The Department may appeal to the state Land Use Board of Appeals any final land use decision by a city or county which conflicts with ORS 466.385, sections (2) and (3) of this rule or any requirement or use restriction specified in on environmental hazard notice issued to a city or county. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.385 History: DEQ 1-1988, f. & cert. ef. 1-27-88
340-135-0000 Purpose The purpose of these rules is to reference the Oregon statute that describes the planning and reporting requirements for toxic use reduction and hazardous waste reduction. The rules are adopted pursuant to the authority of and are to be used in conjunction with ORS 465.003 through 465.037. Other federal, state and local programs may contain additional requirements. Statutory/Other Authority: ORS 465.003 - 465.037 Statutes/Other Implemented: ORS 465.003 - 465.037 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
340-135-0010 Policies (1) The State places a high priority on reducing toxic substances use and hazardous waste whenever technically and economically practicable as described in ORS 465.006. (2) The Department will attempt to coordinate with universities and other state and federal toxics use and hazardous waste programs, emphasizing data and information exchange, training programs, and technology transfer. Statutory/Other Authority: ORS 465.003 - 465.037 & 466 Statutes/Other Implemented: ORS 465.006 & 465.012 History: DEQ 9-2006, f. & cert. ef. 8-15-06 DEQ 35-1990, f. & cert. ef. 8-21-90
340-135-0020 Definitions (1) Definitions in ORS 465.003(1) through 465.003(13) apply to OAR 340-135-0000 through 340-135-0110. (2) "Department" means the Department of Environmental Quality. Statutory/Other Authority: ORS 465.003, 466.005, 466.015 & 468 Statutes/Other Implemented: ORS 465.003 History: 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 35-1990, f. & cert. ef. 8-21-90