340-124-0065 Priority Ranking System The Department shall determine the order in which to use funds from the Account using standardized site assessment prioritization criteria. The criteria shall include but not be limited to: (1) Risk to the environment based on the following: (a) Solvent and waste containment; (b) Depth to which soil is contaminated with dry cleaning solvent; (c) Depth to groundwater; (d) Distance to known groundwater wells; (e) Soil type; (f) Distance to surface water; (g) Quantity of soil or groundwater contaminated with dry cleaning solvent; (h) Current and reasonably likely future use of groundwater and land affected by contamination; (i) Toxicity of dry cleaning solvent; (j) Water solubility of dry cleaning solvent; (k) Land use and sensitive populations near hazardous substance; (l) Vulnerable areas near hazardous substance; and (m) Likelihood for direct exposure to hazardous substance. (2) Each facility’s risk relative to the risk posed by other facilities. (3) The need for removal or remedial action at the dry cleaning facility relative to Account availability. (4) The nature of the activities for which expenditures are necessary, in the following order of preference: (a) Direct cost of cleanup, provided that adequate technical investigation has been completed; (b) Direct cost of technical investigation and remedy evaluation; (c) Administrative and indirect costs; and (d) Enforcement, cost recovery and legal actions. (5) The Department may also consider the following: (a) The release was caused by gross negligence of the dry cleaning business owner, dry cleaning property owner or dry cleaning operator; (b) The release resulted from an action or omission that was a violation by the dry cleaning business owner, dry cleaning property owner or dry cleaning operator of federal or state laws in effect at the time of the release, including but not limited to waste minimization requirements imposed under OAR 340-124; (c) The dry cleaning business owner, dry cleaning property owner or dry cleaning operator willfully concealed a release of dry cleaning solvent contrary to laws and regulations in effect at the time of the release or did not comply with release reporting requirements applicable at the time of the release; (d) The dry cleaning business owner, dry cleaning property owner or dry cleaning operator denies access or unreasonably hinders or delays removal or remedial action necessary at the facility; or (e) The dry cleaning operator of the facility where the release occurred has failed to pay fees under ORS 465.517 to 465.523 in relation to dry cleaning activity at any dry cleaning facility. NOTE: The above provisions are contained in ORS 465.503(3). (6) In instances when redevelopment or other activity at a contaminated dry cleaner site creates an opportunity to reduce the cost of remedial action, the Department may include the cost savings into the prioritization. (7) For low priority sites the site assessment prioritization scores will be increased each year the site is on the program waiting list. Statutory/Other Authority: ORS 465.505(5) & 468.020 Statutes/Other Implemented: ORS 465.510(3) History: DEQ 13-2002, f. & cert. ef. 10-9-02