justicedao/ipfs_state_laws huggingface dataset:
837-085-0260 Employer, Owner, or Operator Response to Notices of Noncompliance (1) After receipt of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, the covered employer, owner or operator must submit all information requested by the State Fire Marshal on or before the established compliance date. (2) The above requirements shall not limit a covered employer, owner, or operator's appeal rights. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0270 Penalty Criteria for Noncompliance — General (1) Any covered employer, owner or operator found to be in noncompliance may be assessed a penalty of up to a maximum of $1,000 per day for each day of noncompliance in accordance with ORS 453.357. (a) The number of days the covered employer, owner, or operator is considered in noncompliance shall be based on the total number of days that pass between the date compliance was required to the date compliance is achieved. (b) Compliance shall be considered achieved when the required and correct information is received by the State Fire Marshal or in the case of noncompliance with OAR 837-85-0170(1) or (2) the required information is received by the requesting health professional. (2) The noncompliance classification established in OAR 837-085-0280 shall be used to determine the penalty, if any, that will be assessed. (3) If a covered employer, owner, or operator is found to be in Class 1 Noncompliance, calculated and assessed penalties for violations in other noncompliance classes will not be assessed. (4) If a covered employer, owner, or operator is found to be in two or more of Class II, III, or IV Noncompliance, a daily penalty may be assessed for only for the highest Noncompliance Class. Penalties for violations in other noncompliance classes will not be assessed. (5) If a covered employer, owner, or operator is found to be in Class V Noncompliance, penalties for violations in other noncompliance classes will not be assessed. (6) At any time prior to a Notice of Noncompliance and Proposed/Final Penalty Assessment Order becoming final, the State Fire Marshal may modify the notice to reflect the correct noncompliance classification or penalty assessment. (7) Nothing in these rules shall affect the ability of the State Fire Marshal to modify penalties through a Stipulated Final Order. (8) Penalty suspensions may be made in accordance with OAR 837-085-0310. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0280 Noncompliance Classes For the purpose of determining the penalties that may be assessed for noncompliance, the following Noncompliance Classes are established: (1) Class I Noncompliance. A covered employer, owner, or operator shall be considered in Class 1 Noncompliance for the following: (a) Failing to notify the State Fire Marshal they have reportable quantities of hazardous substances; (b) Failing to submit their Hazardous Substance Survey or annual Hazardous Substance Report, revision, or a substantive change when required. (2) Class II Noncompliance. A covered employer, owner, or operator shall be considered in Class II Noncompliance for the following: (a) Failing to maintain records in accordance with OAR 837-085-0110; (b) Failing to provide an SDS or other hazardous substance information required by OAR 837-085-0090(6)(e) and (f) when requested by the State Fire Marshal; (c) Failing to report or failing to correct misreported information required by OAR 837-085-0090(6)(a) through (c), except that failing to submit or correct misreporting of any of the following information will not be considered in Class II Noncompliance or any other class of noncompliance: (A) North American Industry Classification System; (B) Dun and Bradstreet Number; (C Name of the regulatory point of contact; (D) Department or Division; (E) Written Emergency Plan and, if so, the location; (F) Automatic Fire Suppression System; (G) NFPA 704 Placarding; (H) Other Types of Placarding; (I) UN or NA Numbers. (3) Class III Noncompliance. A covered employer, owner, or operator who provides all information required by OAR 837-085-0090(d) , but fails to correct misreported information, shall be considered in Class III Noncompliance, except that failing to correct any misreported maximum amount of a hazardous substance shall be considered Class IV Noncompliance. (4) Class IV Noncompliance. A covered employer, owner, or operator who, when providing information required by OAR 837-085-0090(d), but fails to report all reportable hazardous substances or fails to report or correct any misreported maximum amount of a hazardous substance shall be considered in Class IV Noncompliance. (5) Class V Noncompliance. A covered employer, owner, or operator who intentionally misreports on their Hazardous Substance Information Survey, Hazardous Substance Report, or records of hazardous substances or fails to provide health professionals with any pertinent hazardous substance information, in accordance with OAR 837-085-0170, shall be considered in Class V Noncompliance. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2014, f. & cert. ef. 1-9-14 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 OSFM 1-1999, f. 2-2-99, cert. ef. 2-3-99 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0290 Penalties for Class I, II and III Noncompliance When a determination has been made to assess a civil penalty, the following applicable daily penalty shall be assessed for Class I, II or III Noncompliance: (1) Class I — $100. (2) Class II — $15. (3) Class III — $20. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0300 Penalties for Class IV Noncompliance (1) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator identified as being in class IV Noncompliance shall have a $50 penalty assessed daily for any number of unreported radioactive substances, radioactive wastes, explosives or highly toxic materials or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the “Lower Reporting Levels” (LRL) of five gallons, ten pounds or 20 cubic feet. Penalties for all Extremely Hazardous Substances shall be calculated at the LRL. (2) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator shall have a separate penalty of $25 assessed daily for any number of all other unreported hazardous substances or unreported or uncorrected misreported associated maximum amounts. These substances are required to be reported at the "Upper Reporting Levels" (URL) of 500 gallons, pounds, or cubic feet. (3) For the purpose of determining individual substances, Safety Data Sheets will be used. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 5-2013, f. & cert. ef. 6-26-13 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0305 Penalties for Class V Noncompliance A covered employer, owner, or operator identified as being in Class V Noncompliance shall be assessed a $1000 penalty for each day they are in noncompliance. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05
837-085-0310 Penalty Suspensions (1) Penalties assessed for Class I, II, III and IV Noncompliance will be suspended in accordance with the following criteria: (a) To receive a penalty suspension a covered employer, owner, or operator receiving a Notice of Noncompliance and Proposed/Final Penalty Assessment Order must demonstrate that they have resolved all noncompliance issues identified in the notice and are now fully in compliance. (b) Compliance must be achieved no later than the established compliance date set forth in the notice. (c) Penalty suspensions will be calculated for each class of noncompliance identified in the Notice of Noncompliance and Proposed/Final Penalty Assessment Order. (d) Penalty suspensions will be calculated using the Penalty Suspension Schedule set forth in section 3 of this rule. (2) If a covered employer, owner or operator is found to be in repeat noncompliance within a five year period, the amount of penalty suspended shall be reduced based on the instance of the repeat noncompliance. (3) Penalty Suspension Schedule: (a) 1st instance — 75%. (b) 2nd instance — 25%. (c) 3rd or any subsequent instance — 0%. (4) Class V Noncompliance penalty assessments will not be suspended. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 6-2014, f. 12-22-14, cert. ef. 1-1-15 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0320 Payment of Penalties (1) All civil penalties become due and owing ten days after the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final. (2) If payment is not received within ten days after the order becomes final, it may be docketed as a judgment as provided by law. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0330 Contested Case Process — General (1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Substance Possession Fee, or an application for exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules. (2) Any person directly affected may participate in the appeals process which includes, but is not limited to: (a) An informal conference to discuss, consider and determine if there is a basis for informal disposition of an appeal by stipulation, agreed settlement, consent order, default or other means; or (b) A formal hearing before a hearings officer where the laws, rules and evidence are presented and considered and a proposed opinion and order is issued. (3) The appeals process shall comply with the requirements of the Administrative Procedures Act (APA), ORS Chapter 183, unless specifically addressed in these rules. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 5-2019, minor correction filed 05/10/2019, effective 05/10/2019 OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0340 Requesting a Hearing (1) Hearing requests must be filed in writing, within 30 days following: (a) The service of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order; or (b) Issuing a decision related to an application for exemption. (2) Hearing requests must be sent to the State Fire Marshal and must include: (a) The name, address and telephone number of the person making the appeal; (b) The facility's name and address; (c) The facility number assigned to the firm by the State Fire Marshal; (d) The Notice of Noncompliance and Proposed/Final Penalty Assessment Order number and amount of penalty for which the appeal is made; and (e) The basis upon which the appeal is being made and the specific defense relied upon. (3) The filing of a request for a hearing shall stay payment of penalties until the Notice of Noncompliance and Proposed Final Penalty Assessment Order or an Opinion and Order becomes final. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0350 Alternative Dispute Resolutions (1) The State Fire Marshal will provide an opportunity for a person to discuss their case during an informal conference. An informal conference may be requested and held prior to or in lieu of a formal hearing. (2) The request for, or the holding of an informal conference shall not extend the 30 days allowed for requesting a hearing. (3) The informal conference may be used to: (a) Clarify requirements of the Community Right-to-Know and Protection Act; (b) Discuss the basis for any Notice of Noncompliance and Proposed/Final Penalty Assessment Order; (c) Discuss correction dates; (d) Clarify the wording and meaning of the Notice of Noncompliance and Proposed/Final Penalty Assessment Order; (e) Improve a person's understanding of the Community Right-to-Know and Protection Act; (f) Correct errors in a Notice of Noncompliance and Proposed/Final Penalty Assessment Order or penalty; (g) Narrow issues of concern; or (h) Arrive at the basis for an informal disposition of the dispute. (4) As the result of an informal conference, the State Fire Marshal may amend, withdraw, extend, delete or reduce a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, for good cause. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0360 Formal Hearing (1) The State Fire Marshal will arrange for a hearings officer to conduct a formal hearing if it is deemed that the dispute being contested cannot be resolved informally. (2) The State Fire Marshal will set a date, time and location for the formal hearing. (3) The State Fire Marshal will notify, by letter, the person filing an appeal or their designated representative of the date, time, location and hearings officer conducting the formal hearing. (4) The hearings officer will hear the case and render a proposed Opinion and Order, including recommended findings of fact and conclusion of law, according to the Administrative Procedures Act (APA), ORS 183.025 to 183.725. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0370 Manifest Injustice (1) To prevent a manifest injustice, if a timely appeal has not been filed, the State Fire Marshal, at the State Fire Marshal’s own discretion or upon request from the affected employer, owner or operator, may vacate or amend the Community Right-to-Know reporting requirements, Notice of Noncompliance and Proposed/Final Penalty Assessment Order for a facility. (2) The State Fire Marshal may refer a matter arising under this rule to a hearings officer for a formal hearing or a regional appeals advisory board. (3) All requests by an employer, owner or operator for consideration based on a manifest injustice shall be in writing and contain a statement indicating the basis of their request. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0380 Incident Reporting System (1) Emergency service personnel responding to an incident of threatened or actual injury to a human, wildlife, domestic animal, or in which damage to the environment, or any property loss occurs resulting from a chemical substance or waste incident must make a written report of the incident to the State Fire Marshal: (a) This report must be on a form approved by the State Fire Marshal; (b) Only one written incident report for each incident is required. Responsibility for completing the written report shall be in the following order: (A) Where fire department units have responded to the incident, the fire department having jurisdiction shall be responsible for completing and forwarding the written report; (B) Where no fire department unit has responded to the incident and where one or more law enforcement agency is at the scene, the first law enforcement agency to have arrived at the scene shall be responsible for completing and forwarding the written report; (C) Where no fire department unit or law enforcement agency has responded to the incident and where health professionals, including emergency medical technicians or ambulance personnel, are at the scene, the first health professional to arrive at the scene shall be responsible for completing and forwarding the written report; and (D) Where no fire department unit, law enforcement agency or health professional has responded to the incident, any other emergency service agency, including agencies of this state, who are at the scene shall confer and determine who shall be responsible for completing and forwarding the written report. (2) The written report required under section (1) of this rule should be submitted to the State Fire Marshal no later than ten working days after the incident occurs. (3) The following incidents are exempted from the reporting requirements of section (1) of this rule: (a) Motor fuels which are spilled in quantities of less than 42 gallons from a vehicle, unless it enters a waterway; or is determined to endanger the public safety or immediate or surrounding environment, including groundwater; or (b) Sewage overflows; or (c) Structure fires or other emergencies where hazardous substances are involved as exposures, if the quantities exposed are less than 42 gallons. This means that a Hazardous Materials Incident Report would not be required for a structure fire or other emergency if consumer quantities of hazardous substances did not directly relate to the cause of the emergency or to injuries or death. If these consumer quantities caused the incident or contributed to an injury or death, a written Oregon State Fire Marshal Hazardous Materials Incident Report would be required. As with any fire, a State Fire Marshal Fire Report is required. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0390 Annual Summaries The State Fire Marshal shall annually summarize all incidents reported and information received from the Hazardous Substance Information Survey. Copies of these summaries will be distributed at no charge to: (1) Governor; (2) Legislative Assembly; (3) Department of Environmental Quality; (4) Workers' Compensation Division; (5) Department of Transportation; (6) Health Division of the Department of Human Resources; (7) Environmental Health Sciences Center at Oregon State University; (8) Poison Control Center at Oregon Health Sciences University; (9) Oregon Emergency Management Division of the Department of State Police; (10) Oregon State Police; (11) Every public library as defined in ORS 357.400; (12) Public fire departments; (13) Local law enforcement agencies. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 435.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-090-1000 Coverage (1) Persons with facilities covered by ORS 453.317 and OAR 837-090-1000 through 837-090-1045 shall be subject to a fee assessment for those hazardous substances classified as minimally, generally, very hazardous, or subject only to a registration fee. (2) Each facility site shall have a separate fee assessed based upon the amounts and classification of hazardous substances possessed. (3) Hazardous Substance Possession Fees assessed by local governments based on quantity or the Hazardous Substance Information Survey shall be billed and collected only through contract with the Department of the State Fire Marshal. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.396 - 453.414 History: OSFM 30-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 7-1992, f. 6-15-92, cert. ef. 7-15-92 FM 3-1991(Temp), f. & cert. ef. 12-23-91 FM 7-1990(Temp), f. & cert. ef. 11-15-90
837-090-1005 General (1) Annually any person possessing a hazardous substance at a covered facility in this state shall pay a fee for each facility site. (2) The annual fee shall be due following the requirement for submission of a Hazardous Substance Survey. See OAR 837-090-1000 to 837-090-1045. (3) The annual fee shall be in accordance with the fee schedules in OAR 837-090-1030 unless the substance is subject only to a registration fee. (4) The assessment of a Hazardous Substance Possession Fee does not relieve any person from any other duty or responsibility imposed by law or rule. (5) The Hazardous Substance Possession Fee imposed by these rules is in addition to all other state, county, or municipal fees on hazardous substances. (6) Local government Hazardous Substance Possession Fees shall be in accordance with fee schedules established by local government rule or ordinance. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.398 - 353.402 History: OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 7-1992, f. 6-15-92, cert. ef. 7-15-92 FM 3-1991(Temp), f. & cert. ef. 12-23-91 FM 7-1990(Temp), f. & cert. ef. 11-15-90
837-090-1010 Effective Dates (1) OAR 837-090-1000 through 837-090-1045 are effective upon date of filing. (2) Local government Hazardous Substance Possession Fee programs shall be in compliance with these rules. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.396 - 453.414 History: OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 7-1992, f. 6-15-92, cert. ef. 7-15-92 FM 3-1991(Temp), f. & cert. ef. 12-23-91 FM 7-1990(Temp), f. & cert. ef. 11-15-90