justicedao/ipfs_state_laws huggingface dataset:
345-025-0016 Monitoring and Mitigation Conditions In the site certificate, the Council must include conditions that address monitoring and mitigation to ensure compliance with the standards contained in OAR Chapter 345, Division 22 and Division 24. The site certificate applicant, or for an amendment, the certificate holder, must develop proposed monitoring and mitigation plans in consultation with the Department and, as appropriate, other state agencies, local governments and tribes. Monitoring and mitigation plans are subject to Council approval. The Council must incorporate approved monitoring and mitigation plans in applicable site certificate conditions. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.401, 469.501, 469.503 & 469.507 History: EFSC 1-2020, amend filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary amend filed 08/22/2019, effective 08/22/2019 through 02/17/2020 EFSC 4-2017, renumbered from 345-027-0028, filed 10/24/2017, effective 10/24/2017 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 5-1994, f. & cert. f. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 1-2007, f. & cert. ef. 5-15-07
345-026-0005 Purpose The purpose of the rules in this division is to ensure that the construction, operation and retirement of facilities are accomplished in a manner consistent with the protection of the public health, safety and welfare and the protection of the environment. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310, 469.410, 469.430 & 469.507 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94 NTEC 9, f. 2-13-75, ef. 3-11-75
345-026-0010 Legislative Authority (1) Under ORS 469.430, the Council has continuing authority over the site for which a site certificate is issued and may inspect, direct the Department of Energy to inspect, or ask another state agency or local government to inspect, the site at any time to ensure that the certificate holder is operating the facility in compliance with the terms and conditions of the site certificate. (2) For facilities subject to ORS 469.410 as having been built prior to July 2, 1975, the Council has continuing authority over the site for which a site certificate is issued and may inspect, or direct the Department to inspect, or ask another state agency or local government to inspect, the site at any time to ensure that the facility is being operated in compliance with the terms and conditions of the site certificate and any applicable health or safety standards. (3) According to ORS 469.410, the Council shall establish programs for monitoring the environmental and ecological effects of the operation and decommissioning of energy facilities subject to site certificates issued prior to July 2, 1975, to ensure continued compliance with the terms and conditions of the site certificate and any applicable health or safety standards. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310, 469.410, 469.430 & 469.507 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94 EFSC 1-1985, f. & ef. 1-7-85 NTEC 9, f. 2-13-75, ef. 3-11-75
345-026-0015 Scope and Construction (1) To the extent that any rules in this division conflict or are inconsistent with administrative rules lawfully adopted by other state agencies, these rules are controlling, except as prohibited by law. The Council shall resolve such conflicts in consultation with the affected agencies and in a manner consistent with the public interest. (2) To the extent that any rules in this division conflict or are inconsistent with a condition contained in a site certificate (or amendment thereto), the latter is controlling. (3) Certificate holders shall comply with all applicable lawful rules and requirements of federal agencies. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.401, 469.503 & 469.504 History: EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 1-1995, f. & cert. ef. 5-15-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94 EFSC 1-1985, f. & ef. 1-7-85 NTEC 9, f. 2-13-75, ef. 3-11-75
345-026-0048 Compliance Plans Following receipt of a site certificate or an amended site certificate, the certificate holder shall implement a plan that verifies compliance with all site certificate terms and conditions and applicable statutes and rules. As a part of the compliance plan, to verify compliance with the requirement to begin construction by the date specified in the site certificate, the certificate holder shall report promptly to the Department of Energy when construction begins. Construction is defined in OAR 345-001-0010. In reporting the beginning of construction, the certificate holder shall describe all work on the site performed before beginning construction, including work performed before the Council issued the site certificate, and shall state the cost of that work. For the purpose of this exhibit, “work on the site” means any work within a site or corridor, other than surveying, exploration or other activities to define or characterize the site or corridor. The certificate holder shall document the compliance plan and maintain it for inspection by the Department or the Council. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310, 469.410, 469.430 & 469.507 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-2000, f. & cert. ef. 11-20-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94
345-026-0105 Correspondence With Other State or Federal Agencies The certificate holder and the Department of Energy shall exchange copies of all correspondence or summaries of correspondence related to compliance with statutes, rules and local ordinances on which the Council determined compliance, except for material withheld from public disclosure under state or federal law or under Council rules. The certificate holder may submit abstracts of reports in place of full reports; however, the certificate holder shall provide full copies of abstracted reports and any summarized correspondence at the request of the Department.. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310, 469.410, 469.430 & 469.507 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 1-1985, f. & ef. 1-7-85 NTEC 9, f. 2-13-75, ef. 3-11-75
345-026-0170 Notification of Incidents The certificate holder must notify the Department of Energy within 72 hours of any occurrence involving the facility if: (1) There is an attempt by anyone to interfere with its safe operation. (2) There is a significant natural event such as a fire, earthquake, flood, tsunami or tornado, or human-caused event such as a fire or explosion. (3) There is any fatal injury at the facility. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310, 469.410, 469.430 & 469.507 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2005, f. & cert. ef. 5-23-05 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 1-1985, f. & ef. 1-7-85 NTEC 9, f. 2-13-75, ef. 3-11-75
345-026-0300 Regulations Applicable to the Trojan Independent Spent Fuel Storage Installation (1) The requirements of OAR 345-026-0300 through 345-026-0390 apply exclusively to the Trojan Independent Spent Fuel Storage Installation (ISFSI). (2) The purpose of these rules is to cooperate with the federal government in accordance with Oregon's siting policy in ORS 469.310 to ensure the safety of interim on-site storage and to ensure spent nuclear fuel and related radioactive materials and waste will not be an undue financial burden to utilities or people of Oregon. (3) References to the Code of Federal Regulations in these rules refer to regulations in place as of August 9, 2019. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.410 & 469.501 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94
345-026-0340 Security Plans (1) The certificate holder must establish and maintain a security plan that complies with 10 CFR 72.44(e). (2) The certificate holder must make the security plan, and any revisions, available for inspection by authorized representatives of the Council and Director upon request. The certificate holder, Department, and Council must protect information in the plan that falls within the definitions of "security program" or “safeguards information” in OAR 345-070-0015 from unauthorized disclosure in accordance with 10 CFR 73.21, 73.22 and OAR chapter 345, division 070. (3) The certificate holder may not make changes to the security plan that could: reduce the ability to detect or prevent unauthorized entry, reduce the ability to detect or prevent the introduction of unauthorized material into a Protected Area, or otherwise reduce the effectiveness of the plan without prior written approval from the Council and Director, as required by ORS 469.530. (4) The certificate holder may make changes to the security plan that do not reduce the effectiveness of the plan without prior approval from the Council and Director. The certificate holder must notify the Department of any changes made under this section within 60 days after the implementation date of the changes. The Department must promptly notify the Council of the changes at a scheduled Council meeting, subject to the provisions of OAR chapter 345, division 070. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.410, 469.501 & 469.530 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2005, f. & cert. ef. 5-23-05 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94
345-026-0350 Emergency Planning (1) The certificate holder must follow and maintain an emergency plan that is approved by the Council. (2) The certificate holder may not make changes to the emergency plan that would decrease the effectiveness of the plan or the plan’s requirements for notification of off-site agencies without the Council’s prior approval. (3) The certificate holder may make changes to the plan that would not reduce its effectiveness without the Council’s prior approval. The certificate holder must notify the Department of any changes made under this section within 30 days after the implementation date of the changes. The Department must promptly notify the Council of the changes at a scheduled Council meeting. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.410, 469.501, 469.530 & 469.533 History: EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021 EFSC 1-2005, f. & cert. ef. 5-23-05 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 3-1994, f. & cert. ef. 6-28-94
345-027-0001 Applicability (1) The rules in this division apply to all requests for amendment to a site certificate and amendment determination requests for facilities under the Council's jurisdiction that are submitted to or were under review by the Council on or after the effective date of the rules. The Department and Council will continue to process all requests for amendment and amendment determination requests for which Council has not made a final decision prior to the effective date of these rules, without requiring the certificate holder to resubmit the request or certificate holder or the Department to repeat or redo any steps taken as part of the request prior to the effective date of these rules. (2) Notwithstanding section (1) of this rule, these rules do not apply to facilities described in ORS 469.410(1). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.501 History: EFSC 5-2025, adopt filed 10/24/2025, effective 10/24/2025
345-027-0210 General (1) A person may not construct a gas storage testing pipeline unless the certificate holder of the Council certified facility to which the pipeline would connect obtains, before construction, the approval of the Department for the construction, operation and retirement of the proposed pipeline as required under ORS 469.405(3). (2) For the purposes of OAR 345-027-0510 through 345-027-0540: (a) “Gas storage testing pipeline” means a pipeline, but not a temporary pipeline, that is less than 16 inches in diameter and less than five miles in length, that is used to test or maintain an underground gas storage reservoir, and that would connect to a Council certified facility if the storage reservoir proves feasible for operational use; (b) “Temporary pipeline” means a pipeline that has no potential for operational use; (c) “Council certified facility” means an energy facility for which the Council has issued a site certificate that is either a surface facility related to an underground gas storage reservoir or a gas pipeline; (d) “Connect” means join for the purpose of operational use; (e) “Test or maintain” means transporting gas to an underground gas storage reservoir for the purposes of determining whether the reservoir is feasible for operational use or maintaining the gas storage capacity of the reservoir but does not include operational use; (f) “Operational use” means transporting gas to an underground gas storage reservoir for the purpose of storing gas until it is needed for sale or for withdrawing gas from an underground gas storage reservoir for the purpose of sale; (g) “Council substantive standards” means the following standards: (A) Structural Standard, OAR 345-022-0020; (B) Soil Protection, OAR 345-022-0022; (C) Protected Areas, OAR 345-022-0040(1) but excluding (2) and (3); (D) Retirement and Financial Assurance, OAR 345-022-0050; (E) Fish and Wildlife Habitat, OAR 345-022-0060; (F) Threatened and Endangered Species, OAR 345-022-0070 (G) Scenic Resources, OAR 345-022-0080; (H) Historic, Cultural and Archaeological Resources, OAR 345-022-0090; (I) Recreation, OAR 345-022-0100; (J) Public Services, OAR 345-022-0110; (K) Waste Minimization, OAR 345-022-0120; (L) Public Health and Safety, OAR 345-024-0030(2), (3) and (4); and (M) Wildfire Prevention and Risk Mitigation, OAR 345-022-0115 . (h) “Information requirements” means information that would support the findings described in OAR 345-024-0030(2) and the information described in OAR 345, division 22 for the standards listed above. Statutory/Other Authority: ORS 469.405 Statutes/Other Implemented: ORS 469.405 History: EFSC 5-2025, amend filed 10/24/2025, effective 10/24/2025 EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2020, amend filed 01/28/2020, effective 01/28/2020 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2000, f. & cert. ef. 2-2-00
345-027-0230 Review of a Request for Approval (1) Within 7 days after receiving a request for approval to construct, operate and retire a gas storage testing pipeline, the Department must: (a) Send copies of the request by mail, email or any other form of electronic delivery to the following agencies with a notice asking the agencies to submit written comments on the request within 14 days from the date of the notice: (A) Oregon Department of Fish and Wildlife; (B) Oregon Department of Geology and Mineral Industries; (C) Oregon Public Utility Commission; (D) Oregon Department of Agriculture; (E) Division of State Lands; and (F) State Historic Preservation Office. (b) Send a notice of the request, including a map showing the location of the proposed pipeline, by mail, email or any other form of electronic delivery to the following stating that the agencies and planning authority may submit written comments on the request within 14 days from the date of the notice: (A) Oregon Department of Forestry; (B) Oregon Department of Environmental Quality; and (C) The planning authority of the county or counties where the proposed pipeline is located. (c) Send a notice of the request, including a map showing the location of the proposed pipeline, by mail or email to the property owners the certificate holder has listed in the request stating that property owners may submit written comments on the request within 14 days from the date of the notice. (d) Post an announcement of the request on the Department’s website. (2) Within 21 days from the deadline for comments described in section (1) of this rule or such longer period as the Department has specified in the letter described in OAR 345-027-0520(2), the Department must issue a final order stating its findings on the applicable Council substantive standards and its approval or disapproval of the request. In an order approving a request, the Department must include conditions that the Department finds necessary to ensure compliance with the applicable standards and conditions required by OAR 345-027-0540. (3) The Department must send a notice of the final order to the certificate holder, to the property owners the certificate holder listed in the request and to any person who commented on the request. In the notice, the Department must state that judicial review of the order is as provided in ORS 469.403. (4) The Department may amend an order approving the construction, operation and retirement of a gas storage testing pipeline. (5) Notwithstanding ORS 469.503(3), the Department may not review the proposed pipeline for compliance with other state standards. (6) Notwithstanding ORS 469.401(3), the approval of a gas storage testing pipeline by the Department does not bind any state or local agency. Statutory/Other Authority: ORS 469.405 Statutes/Other Implemented: ORS 469.405 & 469.992 History: EFSC 1-2020, amend filed 01/28/2020, effective 01/28/2020 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 1-2000, f. & cert. ef. 2-2-00
345-027-0240 Conditions In an order approving the construction, operation and retirement of a gas storage testing pipeline, the Department may impose conditions it finds necessary to ensure compliance with the Council substantive standards it identified as applicable in the letter described in OAR 345-027-0520(2). In addition, the Department shall impose the following conditions: (1) The certificate holder must design, construct, operate and retire the gas storage testing pipeline in compliance with applicable Council rules and applicable federal, state and local laws, rules and ordinances in effect at the time the Department issues the order; (2) The certificate holder must design, construct, operate and retire the gas storage testing pipeline substantially as described in representations in the request for approval and supporting record that the Department finds to be binding commitments made by the certificate holder; (3) The certificate holder must prevent the development of any conditions in the area of the gas storage testing pipeline that would preclude restoration of the area to a useful, non-hazardous condition to the extent that prevention of such conditions is within the control of the certificate holder; (4) Upon completion of construction of the pipeline, the certificate holder must dispose of all refuse and remove all temporary structures not needed to test or maintain an underground gas storage reservoir; (5) The certificate holder must notify the Department of Energy, the State Building Codes Division and the Department of Geology and Mineral Industries promptly if investigations or trenching in the area of the pipeline reveal soil or geological conditions that differ significantly from those described in the request for approval; (6) The certificate holder must submit to the Department copies of all incident reports involving the gas storage testing pipeline required under 49 CFR §191.15; (7) The certificate holder must allow properly identified representatives of the Council or Department to inspect the pipeline at any time, including all materials, activities, premises and records pertaining to design, construction, operation or retirement of the pipeline; (8) The certificate holder must notify the Department when it begins construction, must keep the Department informed of construction progress and any unusual events or circumstances, and must notify the Department when it begins to use the pipeline for reservoir testing or maintenance; (9) The certificate holder must notify the Department if it terminates use of the gas storage testing pipeline; and (10) If the certificate holder decides to convert the gas storage testing pipeline to operational use, the certificate holder must notify the Department and, if required under OAR 345-027-0350, submit a request to amend the site certificate. Statutory/Other Authority: ORS 469.405 Statutes/Other Implemented: ORS 469.405 & 469.992 History: EFSC 1-2020, amend filed 01/28/2020, effective 01/28/2020 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2000, f. & cert. ef. 2-2-00
345-027-0313 Certificate Expiration If the certificate holder does not begin construction of the facility by the construction beginning date specified in the site certificate or amended site certificate, the site certificate expires on the construction beginning date specified, unless expiration of the site certificate is suspended pending final action by the Council on a request for amendment to a site certificate under OAR 345-027-0385(2). Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.370 & 469.501 History: EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020
345-027-0350 Changes Requiring an Amendment Except for changes allowed under OAR 345-027-0353, an amendment to a site certificate is required to: (1) Transfer ownership of the facility or the certificate holder as described in OAR 345-027-0400; (2) Apply later-adopted laws as described in OAR 345-027-0390; (3) Extend the construction beginning or completion deadline as described in OAR 345-027-0385; (4) Design, construct, or operate a facility in a manner different from the description in the site certificate, if the proposed change: (a) Could result in a significant adverse impact that the Council has not addressed in an earlier order and the impact affects a resource or interest protected by an applicable law or Council standard; (b) Could impair the certificate holder’s ability to comply with a site certificate condition; or (c) Could require a new condition or a change to a condition in the site certificate. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.405 History: EFSC 1-2020, adopt filed 01/28/2020, effective 01/28/2020 EFSC 9-2019, temporary adopt filed 08/22/2019, effective 08/22/2019 through 02/17/2020