justicedao/ipfs_state_laws huggingface dataset:
340-122-0230 Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization (1) Unless directed to do otherwise by the Department, a responsible person must collect information about the site and the nature of the release, including information obtained while confirming the release or completing initial abatement measures under OAR 340-122-0225(1). This information must include the following, as appropriate: (a) Data on the nature and estimated quantity of the release; (b) Data from available sources and/or site investigations regarding use and approximate locations of wells potentially affected by the release, presence of a certified drinking water protection area, distance to the nearest surface water, subsurface soil conditions, locations of subsurface sewers, water lines, and other utilities, and land use for all adjacent properties and all properties potentially affected by the release; (c) Results of the measurements required under OAR 340-122-0225(1)(e); (d) Results of the free product investigations required under OAR 340-122-0225(1)(f), to be used by the responsible person to determine whether free product must be recovered; (e) A site map, drawn to scale, showing the location of buildings, current and former locations of UST systems, utility lines, sample locations, and other relevant site information; and (f) Other information necessary to characterize the site. (2) Within 45 days of release confirmation, or within a longer period of time approved by the Department, a responsible person must submit the information collected under section (1) of this rule and required under OAR 340-122-0235(5) to the Department. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 13-1992, f. 6-9-92, cert. ef. 10-1-92 DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0235 Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal At sites where investigations under OAR 340-122-0225(1)(f) indicate the presence of free product, the responsible person must remove the free product to the maximum extent practicable while continuing, as necessary, any actions initiated under OAR 340-122-0220 through 340-122-0230, or while preparing for actions required under OAR 340-122-0240 through 340-122-0250. In meeting the requirements of this rule, the responsible person must: (1) Initiate free product removal as soon as practicable. (2) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges, or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations. (3) Use abatement of free product migration as a minimum objective for the design of the free product removal system. (4) Handle any flammable products in a safe manner to prevent fires or explosions. (5) Include in the report submitted under OAR 340-122-0230(2) a summary of free product removal activities, describing: (a) The name of the contractor or responsible person performing the free product removal measures; (b) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations; (c) The type of free product recovery system used; (d) The location of any on-site or off-site wastewater discharge associated with the recovery operation; (e) The type of treatment applied to, and the effluent quality from, any wastewater discharge; (f) The steps that have been or are being taken to obtain necessary permits for any wastewater discharge; and (g) The disposition of recovered free product; and (h) Other information relevant to the recovery of free product at the site. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 13-1992, f. 6-9-92, cert. ef. 10-1-92 DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0252 Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies (1) The Department may identify or develop generic remedies for releases from petroleum UST systems. (a) For purposes of this rule, a generic remedy may include: (A) Generic risk-based concentrations for use in closure of low-impact sites, or remediation under a corrective action plan; and (B) Remedial technologies or methods for use at eligible sites on a streamlined basis. (b) A generic remedy must describe criteria making sites eligible for use of the generic remedy. (c) Any generic remedy that allows for implementation of specified remedial measures (e.g., treatment technologies, excavation and off-site disposal, engineering controls, institutional controls) must be based on a generic feasibility study evaluating a range of potential remedial measures providing protection of human health and the environment and protection or restoration of beneficial uses of waters. (d) Any generic remedy that includes risk-based concentrations must be based on a generic risk assessment documenting the Department’s conclusions with respect to how sites eligible for use of the generic remedy will achieve acceptable risk levels. (2) In developing generic remedy guidance, the Department will provide opportunities for public participation regarding the scope and content of the guidance. (3) The Department may approve use of a generic remedy at a site if site-specific information demonstrates that the proposed generic remedy or the completed generic remedy as implemented at the site is consistent with Department generic remedy guidance. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98
340-122-0260 Cleanup Rules for Leaking Petroleum UST Systems: Public Participation (1) The Department shall maintain a list of all confirmed releases and ensure that site release and cleanup information are made available to the public for inspection upon request. (2) For each confirmed release that requires a corrective action plan under OAR 340-122-0250, or that requires implementation of engineering or institutional controls for designation as a low-impact site under 340-122-0243 or as part of a generic remedy under 340-122-0252, the Department shall provide notice to affected property owners and the public. This notice may include but is not limited to public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff. (3) For each confirmed release, the Department, upon written request by ten or more persons or by a group having ten or more members, shall conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding proposed remedial activities, except for those activities conducted under OAR 340-122-0320 through 340-122-0360. (4) The Department shall ensure that site release information and decisions concerning completed and proposed petroleum UST remedial measures are made available to the public for inspection upon request. (5) Before approving a corrective action plan, the Department may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest, or for any other good reason. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89) DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0320 Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options A responsible person may elect to clean up petroleum contaminated soils according to the procedures and standards set forth in OAR 340-122-0320 through 340-122-0360. For purposes of the soil matrix cleanup rules, “cleanup” means excavation and offsite disposal, or treatment, of contaminated soils. When using the numeric soil cleanup standards specified in these rules, the responsible person has the option of: (1) Cleaning up the site as specified in these rules to the numeric soil cleanup standard defined as Level 1 in OAR 340-122-0335(2); or (2) Evaluating the site as specified in OAR 340-122-0325 to determine the required Matrix cleanup level, and then cleaning up the site as specified in these rules to the numeric soil cleanup standard defined by that Matrix cleanup level. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89)
340-122-0325 Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level (1) In order to determine a specific Matrix cleanup level, the site must first be evaluated by: (a) Assigning a numerical score to each of the five site-specific parameters in OAR 340-122-0330(1)–(5); and (b) Totaling the parameter scores to arrive at the Matrix Score. (2) The Matrix Score must then be used to select the appropriate numeric soil cleanup standard as specified in OAR 340-122-0335. Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89)
340-122-0335 Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards (1) If the Matrix Score evaluated in OAR 340-122-0330 is: (a) Greater than 40, the site must be cleaned up to at least the Level 1 standards listed in section (2) of this rule; (b) From 25 to 40, inclusive, the site must be cleaned up to at least the Level 2 standards listed in section (2) of this rule; (c) Less than 25, the site must be cleaned up to at least the Level 3 standards listed in section (2) of this rule. (2) The following table contains the required numeric soil cleanup standards based on the level of Total Petroleum Hydrocarbons (TPH) as measured by the analytical methods specified in OAR 340-122-0218. [View a PDF of the table by clicking on the "Tables" link below.] (3) A sample of contaminated soil must be collected from each separate release area and used to identify the petroleum product contamination present at that location. The Hydrocarbon Identification test specified in OAR 340-122-0218(1)(c) (NWTPH-HCID) must be used for that purpose. The NWTPH-HCID test is not required for petroleum product identification for releases from residential heating oil tanks. The results of the NWTPH-HCID test must be used to determine which analytical method or methods are required for verifying compliance with the Matrix cleanup levels. At locations where the soil is contaminated with both gasoline and diesel or other non-gasoline fraction hydrocarbons, the gasoline contamination must be shown to meet the appropriate gasoline cleanup standard and the diesel or other non-gasoline fraction contamination must be shown to meet the appropriate diesel cleanup standard. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 465.400 & 466.746 Statutes/Other Implemented: ORS 465.200 - 465.455 & 466.706 - 466.835 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 23-1998, f. & cert. ef. 11-2-98 DEQ 13-1992, f. 6-9-92, cert. ef. 10-1-92 DEQ 46-1990, f. 12-26-90, cert. ef. 3-1-91 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89)
340-122-0510 Solid Waste Orphan Site Account: Purpose These rules establish eligibility, selection criteria, and conditions for use of solid waste Orphan Site Account funds. Solid waste Orphan Site Account funds are to be used for investigation and cleanup of hazardous substance releases from solid waste disposal facilities, in accordance with ORS 459.236. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0520 Solid Waste Orphan Site Account: Definitions Terms not defined in this section have the meanings set forth in ORS 459.005 and 465.200. Additional terms are defined as follows: (1) “Repayment Plan” means a written agreement between the Department and a local government unit setting forth the terms and schedule for repayment by the local government unit of monies provided by the Department pursuant to ORS 459.236(5). The repayment plan may be incorporated into an agreement or order for removal or remedial action issued by the Department under ORS 465.260. (2) “Solid Waste Orphan Site Account” means those monies in the Orphan Site Account established under ORS 465.380 to be used to pay certain costs for removal or remedial action at solid waste disposal sites. The solid waste Orphan Site Account consists of monies collected from the solid waste disposal fee imposed under ORS 459.236, monies paid the Department pursuant to a repayment plan, monies originally spent from the solid waste Orphan Site Account and recovered from responsible parties, and proceeds from interest. (3) “Surcharge” or “Equivalent Funding” means the charge authorized under ORS 459.311 to be imposed on solid waste collection services by a local government unit, or an equivalent amount of funding provided by the local government unit from another source. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0530 Solid Waste Orphan Site Account: Eligible Sites The terms “disposal site,” “hazardous substances” and “release” are defined in ORS 459.005(11), 465.200(9) and 465.200(14), respectively. Within the meaning of these terms, the solid waste Orphan Site Account may be used for investigation and cleanup of a release of hazardous substances at the following types of solid waste disposal sites: (1) Solid waste disposal sites owned or operated by a local government unit. Examples include: (a) Sites where the local government unit is conducting a removal or remedial action pursuant to ORS 465.260; and (b) Sites owned or operated by a local government unit where DEQ is conducting a removal or remedial action. (2) Privately owned or operated solid waste disposal sites which receive or received domestic solid waste and for which DEQ determines responsible parties are unknown, unwilling, or unable to undertake removal or remedial action. Examples include: (a) Sites for which a local government unit has liability where DEQ conducts a removal or remedial action; (b) Sites for which a local government unit has no liability where DEQ conducts a removal or remedial action; and (c) Sites where a local government unit conducts a removal or remedial action at an orphan site under an ORS 465.260 order or agreement with DEQ. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0540 Solid Waste Orphan Site Account: Funding Factors DEQ may fund only those remedial action costs defined in ORS 465.200(16) that are reasonable in DEQ’s judgement. DEQ shall consider at least the following factors, to the extent relevant information is available, in determining which removals or remedial actions shall receive funding from the solid waste Orphan Site Account and the amount of funding: (1) The site’s risk to public health and the environment, based on consideration of the factors set forth in OAR 340-122-0080(2) and other available hazard ranking or risk assessment information. Each site’s risk shall be evaluated relative to the risk posed by other eligible sites. (2) The need for removal or remedial action at the site relative to fund availability and the need for removal or remedial activities at other sites. (3) The extent to which other obligations or sources of funding for the same activities exist or will be sufficient over the life of the removal or remedial activity (e.g. Chapter 459 closure financial assurance). (4) The nature of the activities for which funding is sought, in the following order of preference: (a) Direct costs for cleanup, provided that adequate technical investigation has been completed; (b) Direct costs of technical investigation and remedy evaluation; (c) Indirect costs (e.g., administration and overhead associated with the investigation or cleanup activities); (d) Legal costs. (5) The extent to which the removal or remedial action was undertaken before the effective date of these rules. For any such prior activities, DEQ may provide funding from the solid waste Orphan Site Account provided: (a) The activities were performed pursuant to an order or agreement under ORS 465.260 ensuring that all activities were protective of health and the environment; (b) The funding is only for amounts exceeding the amount collected, or to be repaid, by the local government unit through surcharge or equivalent funding; (c) The activities were performed on or after July 24, 1989 (i.e., the effective date of HB 3515); and (d) The activities are evaluated under and subject to the factors set forth in sections (1)–(4) of this rule. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0550 Solid Waste Orphan Site Account: Grants and Loans DEQ may provide local government units with solid waste Orphan Site Account funds in the form of: (1) A grant for remedial action costs exceeding the maximum amount collected by surcharge or equivalent funding; or (2) A loan for remedial action costs up to the amount raised by surcharge or equivalent funding. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0560 Solid Waste Orphan Site Account: Application Process (1) Local government unit applicants shall submit a grant or loan application to DEQ on a DEQ-approved form, and additional information deemed necessary by DEQ. Applications for potential funding will be due according to a schedule determined by the Department. (2) Except for emergency actions to protect public health and the environment, funding decisions about use of the solid waste Orphan Site Account shall be made once a year. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0570 Solid Waste Orphan Site Account: Funding Conditions (1) For grants under OAR 340-122-0550(1), the local government unit and DEQ shall enter a grant agreement, including provisions regarding: (a) Specification of removal or remedial activities and DEQ oversight pursuant to an ORS 465.260 order or agreement; (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(4); (c) Necessary cost documentation, accounting, and auditing procedures; and (d) Where applicable, recovery of remedial action costs from responsible parties. (2) For loans under OAR 340-122-0550(2), the local government unit and DEQ shall enter a loan agreement, including provisions regarding: (a) The same items set forth in subsections (1)(a), (c) and (d) of this rule; (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(5); and (c) A repayment plan for the amount of solid waste Orphan Site Account monies provided, plus payment of interest, but excluding the first $100,000 spent by the local government on removal or remedial activities. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0580 Solid Waste Orphan Site Account: Application of Surcharge Proceeds (1) Subject to OAR 340-122-0540, proceeds from surcharge or equivalent funding collected by a local government unit shall be credited by DEQ toward the local government unit’s funding obligation under ORS 459.236(4) or (5) if the proceeds are: (a) Expended for removal or remedial action undertaken by the local government unit at a solid waste disposal site in accordance with an ORS 465.260 order or agreement; or (b) Paid to DEQ for the costs of removal or remedial action undertaken by DEQ at a solid waste disposal site; or (c) Paid to a third party for the costs of removal or remedial action undertaken by the third party at a solid waste disposal site in accordance with an ORS 465.260 order or agreement. (2) Proceeds used for any of the purposes set forth in section (1) of this rule, at one or more solid waste disposal sites, shall be credited toward a local government unit’s total funding obligation under ORS 459.236(4) or (5) on a cumulative basis. Any amount of surcharge proceeds retained for collection and accounting costs under ORS 459.311(5), up to five percent of the surcharge, shall be included in the amount credited toward a local government unit’s total funding obligation under ORS 459.236(4) or (5). Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93
340-122-0590 Solid Waste Orphan Site Account: Limitations (1) Funding from the solid waste Orphan Site Account under these rules does not substitute for existing obligations, including solid waste disposal site financial assurance requirements of ORS 459. (2) DEQ may apply the factors set forth in OAR 340-122-0540 to use solid waste Orphan Site funds for interim removal actions instead of final remedial actions. DEQ is not obligated to use solid waste Orphan Site Account funds to undertake final remedial action or to pay with solid waste Orphan Site Account monies all remedial action costs exceeding surcharge or equivalent funding. (3) These rules do not provide an exemption or defense to liability to third parties or to a DEQ enforcement or cost recovery action should a local government unit refuse to undertake necessary remedial activities or fail to apply surcharge or equivalent funding as required by a loan or grant agreement with DEQ. (4) These rules do not preclude multiple local government units or potentially responsible parties from agreeing to apportion responsibility for remedial action costs, which apportionment may be reflected in the amount of solid waste Orphan Site Account funding requested. (5) These rules do not prevent DEQ from undertaking or requiring emergency removal or remedial activities as necessary to protect public health, safety, and welfare or the environment. (6) These rules do not require DEQ to spend all available solid waste Orphan Site Account funds during any given funding cycle. DEQ may, for example, retain a portion of funds to be used as a reserve for potential emergency actions or for future use at a prospective higher priority site. Statutory/Other Authority: ORS 459.045, 459.236 & 459.311 Statutes/Other Implemented: ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900 History: DEQ 7-1993, f. & cert. ef. 4-27-93