justicedao/ipfs_state_laws huggingface dataset:
837-120-0070 Emergency Preplanning (1) Government entities who request assistance from a regional or limited response team should plan to provide the regional or limited response team with the following information upon its arrival: (a) Sufficient site-specific information, such as drainage locations, to support tactical decisions by the incident commander or designee; and (b) Sufficient geographical and topological information to support tactical decisions by the incident commander or designee. (2) In addition to the information described in section (1) of this rule, local government officials who wish to utilize regional or limited response team services should plan to provide any other information the regional or limited response team officer reasonably requests in advance of an incident. Such preplanning data may include, but shall not be limited to: (a) Facility site-specific floor plans and occupancy information; (b) Local maps; (c) Local resource information; (d) The types and level of emergency operational support and resources available locally; and (e) Any other necessary information. (3) Regional and limited hazardous materials emergency response teams shall have access to the information contained in the state’s Community Right-to-Know survey database. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.347 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0080 Response Fee Schedules (1) The fee schedules agreed to by the state and contractors as part of the regional and limited hazardous materials emergency response team agreements and contracts, shall serve as the basis for assessment of response costs. (2) The State Fire Marshal adopts by reference the schedule of emergency response costs in Exhibit F & G within the 2019-2021 Regional Hazardous Materials Emergency Response Teams contracts. (3) Current regional and limited hazardous materials emergency response team contracts are available for review upon appointment at the Department of the State Fire Marshal between the hours of 8 a.m. and 5 p.m. weekdays. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 History: OSFM 19-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 OSFM 4-2013, f. 6-26-13, cert. ef. 7-1-13 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0090 Response Costs and Financial Liability (1) Notwithstanding any other provision of rule or law, whenever the State Fire Marshal dispatches a regional or limited hazardous materials emergency response team to an emergency involving hazardous materials, the State Fire Marshal may bill the person(s) responsible for causing the emergency for the costs of responding to the emergency. (2) Emergency response costs include all response costs incurred as a result of a hazardous materials emergency. Such costs generally include, but are not limited to, Department of the State Fire Marshal and contractor expenses that result from the assessment and emergency response phases of hazardous materials incidents. (3) Emergency response costs do not include clean-up or disposal costs of hazardous materials, except as they may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous material or for stabilizing the emergency response incident. (4) Team response costs do not include the wide range of emergency costs associated with a hazardous materials emergency, but shall be limited to those expenses agreed to by contract as directly related to regional hazardous materials emergency response team operations. (5) The person(s) responsible for causing the emergency shall be liable for: (a) All emergency response costs including, but not limited to, team expenses incurred by the regional or limited hazardous materials emergency response team, agencies of the State of Oregon, and the governmental jurisdiction in which the incident occurs; and (b) Any other necessary and reasonable costs including the state’s legal or collection expenses and the state’s direct cost of administration of the hazardous materials emergency response system including duty officer personnel costs for coordination which arise as a result of the emergency. (6) The State Fire Marshal, using documentation and reports of the regional or limited response team, will bill the person(s) that caused the hazardous materials emergency according to the requirements of ORS 453.382. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.382 History: OSFM 18-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0100 Defenses Against Liability Except for transporters of radioactive materials, there shall be no liability under OAR 837-120-0090 if the responsible person(s) can establish by a preponderance of the evidence that the release, or threat of release, of hazardous materials which led to the emergency response costs was caused solely by: (1) An Act of God; (2) An act of war; or (3) An act or omission of a third person, other than an employee or agent of the responsible person(s) or one whose act or omission occurred in connection with a contractual relationship, existing directly or indirectly, with the responsible person(s) if the defendant can establish by a preponderance of the evidence that: (a) The responsible person(s) exercised due care with respect to the hazardous material concerned, taking into consideration the characteristics of such hazardous materials, in light of all relevant facts and circumstances; and (b) The responsible person(s) took precautions against foreseeable acts and omissions of any such third party and the consequences that could foreseeably result from such acts or omissions. (4) Liability for radioactive material incidents is established in ORS 469.615 and OAR 345-060-0045. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.382 History: FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0110 Disputed Emergency Response Billings (1) If the responsible party(ies) billed under OAR 837-120-0090 either fails to pay the costs set forth in the State Fire Marshal billing within 30 days or fails to submit a written dispute of charges, a second billing shall be sent. (2) If the responsible party(ies) fail(s) to pay the costs set forth in the second billing within 30 days: (a) The State Fire Marshal shall pay the regional or limited hazardous materials emergency response team’s team response costs from the state revolving fund; and (b) Contact the responsible person(s) and attempt to resolve the payment problem informally; or (c) Bring a legal action for the recovery of any unpaid costs. (3) Any state cost of collection or legal representation will be added to the outstanding disputed billing and shall become the legal obligation of the person(s) found responsible for causing the emergency. (4) A regional or limited response team contractor which has agreed to operate only under state authority may bill the state for the costs of state approved responses to incidents within the contractor’s local jurisdiction. (5) A regional or limited response team contractor which has not agreed to operate only under state authority may bill the state for costs of responses to incidents within the contractor’s local jurisdiction only were the responsible person(s) have been identified and have agreed to pay for all costs of emergency response, or there has been prior advance approval of such billing by the state. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.382 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0120 Government Liability for Emergency Responses (1) Under the provisions of 42 U.S.C. § 9607(d)(2), no state or local government shall be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 107 for costs or damages as a result of actions taken in response to an emergency created by a release or threatened release of a hazardous substance generated by or from a facility owned by another person. (2) State or local government shall not be precluded from liability for costs or damages as a result of gross negligence or intentional misconduct by the state or local government. For purpose of this rule, reckless, willful, or wanton misconduct shall constitute gross negligence. (3) In addition to the federal protections from liability described under OAR 837-120-0120(1), regional or limited hazardous materials emergency response teams will function as an agent of the state solely for purposes of the Oregon Tort Claims Act, ORS 30.260 to 30.300 to the extent authorized under ORS 453.384. Contractors shall, therefore, not respond as state sponsored regional or limited hazardous materials emergency response team except and unless they have been specifically authorized to do so by the State Fire Marshal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.384 History: FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0140 Notification and Reporting Notification of hazardous materials incidents is mandatory under several state and federal statutes, not all of which are consistent as to their definitions of reportable materials: (1) To ensure timely responses and recovery of costs, and comprehensive statistics, all hazardous materials incidents shall be promptly reported as required by OAR 837-090-1000. (2) A Hazardous Material Emergency Incident Report shall be completed and submitted for each incident. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 8-1992, f. 7-15-92, cert. ef. 8-15-92
837-120-0301 Purpose— Regional Hazardous Materials Emergency Response Team Training Programs The purpose of OAR 837-120-0301 through 837-120-0400 is to outline the requirements for approval of programs that provide training for Oregon’s regional hazardous materials emergency response teams implemented under ORS 453.374 to 453.390. Funds designated for contract response teams’ training conducted pursuant to these statutes are restricted to programs approved in accordance with the requirements in OAR 837-120-0320 through 837-120-0400. This document serves to facilitate the development of advanced hazardous materials training programs by public and private providers by identifying the procedure for submission of such programs for review and approval by the State Fire Marshal. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0310 Definitions (1) “Applicant” means any individual or organization considering itself capable of developing training programs as required in OAR 437-002-0100, 29 CFR 1910.120(q)(6)(iii) and (iv) that wishes to apply for State Fire Marshal approval of its program(s) under this rule. (2) “Training Program” means an individual course, class, or instruction on a specific topic or subject area or a composite of individual courses, classes or instructions addressing all subject areas identified in OAR 837-120-0340(1). (3) “Approval” and “Approved” means only that the State Fire Marshal has identified an applicant’s training program as having met the eligibility requirements identified in OAR 837-120-0320(1) for expenditure of state funds for training regional hazardous materials emergency response teams organized in accordance with ORS 453.374 and 453.380. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0330 Review Process The State Fire Marshal shall acknowledge in writing the receipt of all applications it receives. The State Fire Marshal may request additional information if the State Fire Marshal believes information relevant to the requirements for approval has been omitted or is incomplete. The State Fire Marshal may use an advisory group to review the applications for completeness, competency, and adequacy of credentials. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0340 Decision Process The requirements for approval are: (1) That the applicant must demonstrate that it has a written training program that meets the applicable paragraphs of this section and its program will train students in topics required in the following: OAR 437-002-0100, 29 CFR 1910.120(q)(6)(iii) and (iv); and (2) That its training program is capable of effectively training students in the topics required in the standards identified in section (1) of this rule; (3) That it has an effective method of measuring whether the students have been adequately trained in the areas of required training; (4) That it will maintain adequate records of the program and of employees who have successfully completed the program; and (5) That its training program is capable of and will continue to meet the requirements for approval. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0350 Terms and Conditions of Approval (1) If the State Fire Marshal finds that a training program, course or instruction thereof satisfies the minimum requirements established therefor pursuant to OAR 837-120-0340, the State Fire Marshal shall issue approval to the applicant of any such training program, course or instruction, for such a term and upon such conditions as the State Fire Marshal shall prescribe in accordance with subsection (2)(b) of this rule. (2) Approval of program. The following terms and conditions shall be part of every approval: (a) The approval of each training program will be evidenced by a letter of approval from the State Fire Marshal. The letter will provide the specific details of the scope of the approval as well as any conditions imposed by the State Fire Marshal; (b) The approval of each training program shall be valid for up to three years after the initial approval, and valid for up to five years for each subsequent renewal unless revoked for good cause. The dates of the period of approval will be stated in the approval letter; (c) The applicant of an approved program shall continue to satisfy all the requirements of this section and the letter of approval during the period of approval. (3) Revision of an approved program. The applicant may change elements of its approved training program by notifying the State Fire Marshal of the change, certifying that the reviewed program change meets the requirements of OAR 837-120-0340, that the entire approved program continues to meet the requirements of 837-120-0340, and that supporting documentation is provided upon which its conclusions are based. The applicant may make the change upon notification to the State Fire Marshal. However, if on subsequent review, the State Fire Marshal determines the change is inconsistent with 837-120-0340 and so notifies the applicant, the applicant must revert to the original elements. (4) Lapse of approval; reapplication. The approval of a training program shall automatically lapse on the date specified in accordance with subsection (2)(b) of this rule. An applicant of an approved program may renew its approval by filing a renewal request with the State Fire Marshal not less than 180 calendar days, nor more than one year, before the expiration date of its current approval. When the applicant has filed such a renewal request, the current approval will not expire until a final decision has been made on the renewal request. The renewal request will be processed in accordance with the procedures of OAR 837-120-0320 through 837-120-0340. (5) Transfer of an approved program. An applicant may not transfer the approval of its program to any other person or organization without prior written authorization from the State Fire Marshal. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0360 Grounds for Revocation of Approval The State Fire Marshal may revoke the approval of a training program after written notice and hearing if the State Fire Marshal finds that the applicant of the approved program has failed to continue to satisfy the requirements of OAR 837-120-0340 or 837-120-0350 or the State Fire Marshal’s letter of approval, or has misrepresented itself in its application. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0370 Procedure for Revocation of Approval (1) If the State Fire Marshal believes that grounds exist under OAR 837-120-0360 for the revocation of approval of a training program approved under 837-120-0350(1) and (2), the State Fire Marshal shall give notification to the applicant of intention to consider revocation of the approval. Each such notification shall include a statement of the basis for considering such revocation and a statement that, within ten days after the date of the notice, such applicant may appeal the decision of the State Fire Marshal on the matter. (2) A request for appeal must be made by the applicant in writing and must be received in the State Fire Marshal’s office within ten days of the date on the letter of notification of revocation of approval of a training program sent to the applicant. (3) In the written appeal, the applicant must specifically state the reason for the appeal and why the applicant believes the results should be modified. (4) The application will be notified in writing by the State Fire Marshal of the appeal findings. (5) Within 20 days after receiving written notice of the findings of the State Fire Marshal, any applicant aggrieved by the findings may file for a contested case hearing. The hearing is conducted in accordance with the provisions of the Administrative Procedures Act, ORS chapter 183.310 to 183.500. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0390 Requirements of an Applicant Following Program Approval Each applicant whose program has been approved shall: (1) Allow the State Fire Marshal or his/her authorized representative(s) to attend, evaluate, and monitor any part of the approved training program without charge or cost to the Department of the State Fire Marshal. The Department of the State Fire Marshal need not give advance notice of attendance at the training program. (2) Agree to modify the approved training program if the training requirements of this section or the referenced documents are changed or if any other applicable federal or state standard which is the subject of training is changed so that it will affect this section. The modification in the training program shall take place no later than 30 days after this section or other relevant standard becomes effective. (3) Agree to modify the approved training program if the “state of the art” changes relative to any of the topics provided in the training program. (4) Agree to provide the State Fire Marshal, no later than ten business days after the final date of delivery of each approved program, the name and location of each program given, the date given, the names, addresses, and employer of participants in each program, and the names of participants that were certified as having successfully completed each program. Such information shall be provided on a roster approved by the State Fire Marshal. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: OSFM 16-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 6-2019, amend filed 09/26/2019, effective 10/01/2019 FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0400 Examinations Examinations shall cover the necessary skills and knowledge. Each examination shall adequately cover the important topics included in the training program and shall be based on the student performance objectives for that program as identified in OAR 837-120-0320(1)(g). Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.374 - 453.390 History: FM 2-1991, f. & cert. ef. 8-5-91 FM 1-1991(Temp), f. & cert. ef. 3-5-91
837-120-0501 Purpose and Scope (1) These rules are promulgated under the Department of the State Fire Marshal's authority contained in ORS 453.392. (2) The provisions of this rule shall apply to the statewide hazardous material emergency response system established under ORS 453.392 to 453.394. (3) Identify a repository to inventory hazardous materials response resources. (4) Ensure continual readiness, maintenance of equipment, and training of personnel. Statutory/Other Authority: ORS 453.392 Statutes/Other Implemented: ORS 453.392 – 453.394 History: OSFM 15-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17
837-120-0510 Definitions For the purposes of these rules the following definitions apply: (1) “Coordinated response” means the integration of federal, state, local, and railroad emergency response resources operating under the National Incident Management System, in conjunction with Hazardous Materials Transportation by Rail contingency plans and Emergency Support Functions. (2) "Hazardous Materials" means "hazardous substance" as that term is defined in ORS 453.307(5). (3) "Spill or Release" means the discharge or threat of discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air, on any land or into any waters of the state. Statutory/Other Authority: ORS 453.392 Statutes/Other Implemented: ORS 453.392 – 453.394 History: OSFM 1-2020, minor correction filed 02/20/2020, effective 02/20/2020 OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17
837-120-0520 Planning and Coordinated Response The Department of the State Fire Marshal (OSFM) shall: (1) Develop and annually review a Hazardous Materials Transportation by Rail state agency coordination plan in collaboration with Department of Environmental Quality, Oregon Department of Transportation, and Department of Emergency Management. This plan will work with existing local, state, and federal plans, or as required by federal laws and regulations; (2) Provide support to local emergency planning committees for administration, outreach, planning, and exercise participation as it relates to oil and hazardous materials transportation by rail; (3) By February 1 of each year, and in coordination with local governments, state agencies, emergency responders, and railroad industry representatives involved in hazardous materials response, submit a Legislative Report to the Department of Emergency Management and the Legislative Assembly. Statutory/Other Authority: ORS 453.392 Statutes/Other Implemented: ORS 453.392 – 453.394 History: OSFM 14-2023, minor correction filed 06/29/2023, effective 06/29/2023 OSFM 1-2017, f. 1-31-17, cert. ef. 2-1-17