justicedao/ipfs_state_laws huggingface dataset:
340-122-0076 Inventory Ranking (1)(a) The Department will score facilities placed on the Inventory in accordance with the Site Scoring Procedure set forth in Appendix 1. The Site Scoring Procedure provides criteria for scoring facilities based on the short-term and long-term risks they pose to present and future public health, safety, welfare or the environment; (b) The Department will place facilities in the following categories on the Inventory based on their status in the remedial process: (A) Phase I: Facilities where remedial investigation and feasibility studies have not been initiated; (B) Phase II: Facilities where remedial investigation or feasibility studies are underway; (C) Phase III: Facilities where the remedial investigation and feasibility studies have been completed and remedial design, removal or remedial action is underway; (D) Phase IV: Facilities where all necessary removal and remedial action have been completed except for continuing operation and maintenance or other environmental or institutional controls necessary to protect public health, safety, welfare, and the environment. (E) The Department will move facilities from one category to the next in quarterly updates of the Inventory as remedial activities progress. (2) Prior to publishing a facility’s score on the Inventory, the Department will notify the owners and operators of the facility, if known, and provide an opportunity for them to comment on the facility score and supporting documentation as described in OAR 340-122-0075(4). (3) The Department will consider facility scores, among other factors, in prioritizing sites for further investigation, removal, or remedial action at the conclusion of the preliminary assessment or its equivalent. Prior to initiating such action, the Department may rescore a facility if the Department receives additional information that may significantly change a facility’s score. [NOTE: View a PDF of Appendix 1 by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 465.000(1), 465.410 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0450 DEQ 5-1991, f. & cert. ef. 3-18-91
340-122-0077 Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory (1) An owner or operator of a facility listed on the Confirmed Release List or Inventory, or any other person adversely affected by the listing, may request the Director to remove a facility from the Confirmed Release List or Inventory. The Department may propose to remove a facility on its own initiative. (2)(a) The owner, operator, or other person requesting that a facility be removed from the Confirmed Release List or the Inventory shall submit a written petition to the Director setting forth the basis for such request. The petition shall include sufficient information and documentation to support a determination that: (A) The petitioner is an owner, operator, or person adversely affected by the listing; and (B) The facility meets the respective criteria for delisting from the Confirmed Release List or from the Inventory set forth in OAR 340-122-0079(1). (b) A petition to remove from the Confirmed Release List or from the Inventory a facility for which a delisting petition has previously been denied shall demonstrate new information or changed circumstances to support the request. Statutory/Other Authority: ORS 465.400(1), 465.405 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0460 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0078 Inventory Delisting — Public Notice and Participation (1) Prior to the approval or denial of a petition to remove a facility from the Inventory submitted pursuant to OAR 340-122-0077, the Department shall: (a) Publish a notice and brief description of the proposed action in the Secretary of State’s Bulletin, notify a local paper of general circulation, and make copies of the proposed action available to the public; (b) Make a reasonable effort to identify and notify interested persons or community organizations; (c) Provide at least 30 days for submission of written comments regarding the proposed action; (d) Upon written request received within 15 days after agency notice, postpone the date of its intended action no less than ten or more than 90 days in order to allow the requesting person an opportunity to submit information or comments on the proposed action; and (e) Upon written request by ten or more persons or by a group having ten or more members, conduct a public meeting at or near the facility for the purpose of receiving oral comment regarding the proposed action, except for a petition submitted by an owner pursuant to a cleanup action completed in accordance with these rules. (2) Where possible, the Department shall combine public notification procedures for delisting from the Inventory with the public notification procedures for the proposed certification of completion of a removal or remedial action conducted pursuant to ORS 465. (3) Agency records concerning the removal of a facility from the Inventory shall be made available to the public in accordance with ORS 192.410 to 192.505, subject to exemptions to public disclosure, if any, under ORS 192.501 and 192.502. The Department shall maintain and make available for public inspection and copying a record of pending and completed delisting actions. The records shall be located at the headquarters and regional offices of the Department. Statutory/Other Authority: ORS 465.400(1), 465.405 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0465 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0079 Delisting — Determination by the Director (1) The Director shall consider requests or proposals to remove facilities from the Confirmed Release List or the Inventory submitted in accordance with OAR 340-122-0077. The Director shall delist a facility from the Confirmed Release List if the Director determines that a facility does not meet the criteria for inclusion on the Confirmed Release List set forth in OAR 340-122-0074(1). The Director shall remove a facility from the Inventory if the Director determines the facility does not meet the criteria for inclusion on the Inventory set forth in OAR 340-122-0075(1). (2) In determining whether to remove a facility from the Confirmed Release List or from the Inventory, the Director shall consider: (a) Any relevant Confirmed Release List or Inventory delisting petitions submitted pursuant to OAR 340-122-0077; (b) Any public comments submitted on the proposed action pursuant to OAR 340-122-0078; and (c) Any other relevant information available. (3) The Director shall not remove a facility from the Confirmed Release List or from the Inventory if continuing environmental controls or institutional controls related to removal or remedial action (e.g., alternative drinking water supply, caps, security measures) are needed to assure protection of present and future public health, safety, welfare, and the environment. (4)(a) The Director shall document the basis for approving or denying a request or proposal to remove a facility from the Confirmed Release List or the Inventory; (b) If the Director relies on information described in subsection (2)(a) of this rule to make such determination, the Director shall reference such information in the record. (5) The removal of a facility from the Confirmed Release List or from the Inventory shall be effective immediately upon the Director’s determination. Statutory/Other Authority: ORS 465.400(1), 465.405 & 468.020 Statutes/Other Implemented: ORS 465.200 - 455, 465.900, 466.706 - 835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97, Renumbered from 340-122-0470 DEQ 29-1990, f. & cert. ef. 7-13-90
340-122-0100 Public Notice and Participation (1) The Department may solicit public input for any of the activities specified in OAR 340-122-0050. Such input may include, but is not limited to, information related to: (a) Current and reasonably likely land use; (b) Current and reasonably likely beneficial uses of water; (c) Ecological assessment endpoints; and (d) Remedial action goals. (2) The Department shall, prior to selection or approval of a remedial action: (a) Provide notice and opportunity for comment and a public meeting regarding the proposed remedial action, in accordance with ORS 465.320; and (b) Make a reasonable effort to identify and notify interested and affected community organizations and other parties. (3) Any notice under section (2) of this rule shall include but not be limited to a brief description of the Department’s proposed remedial action alternative, if known, and information regarding where a copy of the full proposal may be inspected and copied. (4) The Director shall consider any comments received during the public comment period and any public meeting before approving the remedial action. (5) In the Director’s discretion, the Department may provide public notice and opportunity for comment and a public meeting regarding a proposed removal and shall consider any comments received during such public comment period or public meeting. (6) Agency records concerning removal or remedial actions and related investigations shall be made available to the public in accordance with ORS 192.410 to 192.505, subject to exemptions to public disclosure, if any, under ORS 192.501 and 192.502. The Department shall maintain and make available for public inspection and copying a record of pending and completed removals, remedial actions, and related investigations, to be located at the headquarters or regional offices of the Department. Statutory/Other Authority: ORS 465.400(1), 465.405, 466 & 468.020 Statutes/Other Implemented: ORS 465.200-455, 465.900, 466.706-835 & 466.895 History: DEQ 2-1997, f. & cert. ef. 2-7-97 DEQ 29-1990, f. & cert. ef. 7-13-90 DEQ 26-1988, f. & cert. ef. 9-16-88
340-122-0110 Administrative Record (1) For purposes of the Director’s selection of a removal or remedial action, and enforcement, cost recovery, or review, if any, related to the Director’s action, the administrative record shall consist of the following types of documents generated for a facility up to the time of the Director’s action: (a) Factual information, data, and analyses that form a basis for the Director’s action; (b) The Preliminary Assessment and Remedial Investigational and Feasibility Study, as applicable; (c) Orders, consent decrees, settlement agreements, work plans, and other decision documents; (d) Guidance documents and technical literature that form a basis for the Director’s action; and (e) Public comments and other information received by the Department prior to the Director’s action, and Department responses to significant comments. (2) Unless expressly designated part of the administrative record by the Director, the administrative record shall not include: (a) Draft documents and internal memoranda; (b) Documents relating to the liability of persons potentially liable under ORS 465.255; (c) Documents relating to state remedial action costs; and (d) Documents privileged under law or confidential under ORS 192.501 or 192.502. Statutory/Other Authority: ORS 465.400(1), 465.405, 466 & 468.020 Statutes/Other Implemented: ORS 465.200-455, 465.900, 466.706-835 & 466.895 History: DEQ 29-1990, f. & cert. ef. 7-13-90 DEQ 26-1988, f. & cert. ef. 9-16-88
340-122-0130 Involuntary Acquisition of Property by the Government (1) State or local government ownership or control of property by involuntary acquisition or involuntary transfers within the meaning of ORS 465.255(3)(a)(A) includes, but is not limited to: (a) Involuntary acquisitions by or transfers to a state or local government entity in its capacity as a sovereign, including transfers or acquisitions pursuant to abandonment proceedings, or as the result of tax delinquency, bankruptcy, or escheat, or other circumstances in which the government involuntarily obtains ownership or control of property by virtue of its function as sovereign; (b) Acquisitions by or transfers to a state or local government entity or its agent (including governmental lending and credit institutions, loan guarantors, loan insurers, and financial regulatory entities that acquire security interests or properties of failed private lending or depository institutions) acting as a conservator or receiver pursuant to statutory mandate or regulatory authority; (c) Acquisitions or transfers of assets through foreclosure or its equivalents or other means by a state or local government entity in the course of administering a governmental loan or loan guarantee or loan insurance program; and (d) Acquisitions by or transfers to a state or local government entity pursuant to seizure or forfeiture authority. (2) Nothing in this rule affects the applicability of OAR 340-122-0120 to any security interest, property, or asset acquired by a state or local governmental entity pursuant to an involuntary acquisition or transfer. (3) Notwithstanding the exemptions in section (1) of this rule, a governmental entity may be subject to the independent bases of liability set forth in ORS 465.255. (4) This rule applies only to liability under ORS 465.200 et seq. and does not apply to any right that the state or any person may have under federal statute, common law, or state statute other than ORS 465.200 et seq. to recover remedial action costs or to seek any other relief related to a release. Statutory/Other Authority: ORS 465.400, 465.435 & 465.440 Statutes/Other Implemented: ORS 465.200-455, 465.900, 466.706-835 & 466.895 History: DEQ 29-1992, f. & cert. ef. 12-17-92
340-122-0140 Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries (1) An ORS Chapter 709 trust company acting as a fiduciary and holding property in a fiduciary capacity is exempt from personal liability as an “owner or operator” of the property under ORS 465.255(1)(a) and (b) if: (a) The contamination of the property occurred before establishment of the fiduciary relationship and acceptance of the property by the trust company, and, prior to the establishment of the fiduciary relationship, the trust company did not participate in management of the property as defined in OAR 340-122-0120; or (b) The contamination of the property occurred after establishment of the fiduciary relationship and acceptance of the property by the trust company and the contamination was not the result of an act or omission of the trust company described in section (2) of this rule. (2) Notwithstanding the exemption in section (1) of this rule, an ORS 709 trust company acting as a fiduciary may be personally liable regarding a release at property held in a fiduciary capacity if: (a) An act or omission of the trust company constitutes an independent basis for liability under ORS 465.255(1)(c) to (7); or (b) The release results from an act or omission of the trust company occurring outside the scope of its duties and the standard of care required under ORS 128.057; or (c) The release otherwise results from an act or omission of the trust company that is negligent, grossly negligent, reckless, willful, or intentional. (3) Notwithstanding the exemption to the personal liability of the trust company set forth above, this rule does not prevent claims against: (a) Assets that are part of or all of any estate or trust that contains the facility; (b) Any other estate or trust of the decedent, grantor, ward, or other person whose estate or trust contains the facility that is administered by the ORS Chapter 709 trust company; (c) The assets of a trust or estate remain subject to any claims for liability pertaining to contaminated property even if legal title rests with the trust company. Such claims may be asserted against the trust company in its representative capacity, whether or not the trust company is personally liable. (4) The exemption to personal liability of the trust company set forth above does not apply to ownership or operation of a facility at property which is: (a) Acquired by the trust company for the trust, estate, or principal, in exchange for assets of the trust, estate, or principal; and (b) Acquired subsequent to the establishment of the fiduciary relationship. (5) This rule applies only to liability under ORS 465.200 et seq. and does not apply to any right that the state or any person may have under federal statute, common law, or state statute other than ORS 465.200 et seq. to recover remedial action costs or to seek any other relief related to a release. Statutory/Other Authority: ORS 465.400, 465.435 & 465.440 Statutes/Other Implemented: ORS 465.200-455, 465.900, 466.706-835 & 466.895 History: DEQ 29-1992, f. & cert. ef. 12-17-92
340-122-0205 Cleanup Rules for Leaking Petroleum UST Systems: Purpose These rules establish the standards and process for the investigation, monitoring, and remedial activities necessary to protect public health, safety, and welfare and the environment in the event of a release or threat of a release from a petroleum UST system subject to ORS 466.705 through 466.835, 466.994, 465.200 through 465.455, and 465.900. 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 15-1991, f. & cert. ef. 8-14-91 DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0215 Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability (1) OAR 340-122-0205 through 340-122-0360 of these rules apply to remediation of leaking petroleum UST systems required or undertaken in accordance with ORS 465.200 et seq. or 466.706, et seq. (2) Notwithstanding section (1) of this rule and OAR 340-122-0360(3), the Department may require that remediation of a release from a petroleum UST system be governed by OAR 340-122-0010 through 340-122-0115, if, based on the magnitude or complexity of the release or other considerations, the Department determines that application of OAR 340-122-0010 through 340-122-0115 is necessary to protect the public health, safety, and welfare or the environment. (3) Remediation of releases from UST systems containing regulated substances, as defined in ORS 466.706(16), other than petroleum are governed by OAR 340-122-0010 through 340-122-0115 or as otherwise provided under applicable law. (4) Notwithstanding section (1) of this rule, remediation of releases from residential heating oil tanks are governed by OAR 340-177-0001 through 340-177-0120. 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 15-1991, f. & cert. ef. 8-14-91 DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89) DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0217 Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options (1) For a release of petroleum from an UST system, the responsible person must complete the following requirements: (a) Perform initial response, abatement, and site characterization in accordance with OAR 340-122-0220 through 340-122-0230. (b) Remove free product to the maximum extent practicable in accordance with OAR 340-122-0235. (c) Where results of the initial site characterization indicate that the magnitude and extent of soil contamination have not been fully delineated, or that groundwater contamination may extend beyond the tank pit, complete additional site investigation in accordance with OAR 340-122-0240. (d) Based on site investigations, perform one of the following remediation approaches: (A) Remediation in accordance with OAR 340-122-0320 through 340-122-0360 for motor fuel and heating oil in soils; (B) Closure or remediation in accordance with OAR 340-122-0243 for low-impact sites; (C) Remediation pursuant to a corrective action plan developed in accordance with OAR 340-122-0244 and 340-122-0250; (D) Remediation pursuant to a generic remedy developed in accordance with OAR 340-122-0252; or (E) Any appropriate combination of subsections (A), (C), and (D) of this rule. (e) Submit all reports, plans, laboratory data, and other documentation required in these rules or otherwise requested by the Department during the course of investigation and remedial measures. (2) The measures described in section (1) of this rule are subject to Department review and approval as specified in these rules, and to public review and comment as specified in OAR 340-122-0260. 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
340-122-0220 Cleanup Rules for Leaking Petroleum UST Systems: Initial Response For a suspected or confirmed release from a petroleum UST system, the responsible person must perform the following initial response actions within 24 hours: (1) Report the following releases to the Department: (a) All below-ground releases; (b) All above-ground releases to the land surface in excess of 25 gallons, or releases of less than 25 gallons if the responsible person is unable to contain or clean up the release within 24 hours; and (c) All above-ground releases to surface water that result in a sheen on the water. (2) Take immediate action to prevent any further release of the petroleum into the environment. (3) Identify and mitigate fire, explosion, and vapor hazards. 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 15-1991, f. & cert. ef. 8-14-91 DEQ 29-1988, f. & cert. ef. 11-9-88
340-122-0225 Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check (1) Unless directed to do otherwise by the Department, a responsible person must perform the following abatement measures: (a) Remove as much of the petroleum from the UST system as is necessary to prevent further release to the environment; (b) Visually inspect any above-ground releases or exposed below-ground releases and prevent further migration of the released petroleum into surrounding soils and groundwater; (c) Monitor and mitigate any fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures; (d) Remediate hazards posed by contaminated soils that are excavated or exposed during confirmation, site investigation, abatement, or remedial activities. For remedial measures including treatment or disposal of soils, the responsible person must comply with applicable state and local requirements; (e) Measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, the responsible person must consider the nature of the stored petroleum, type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release; and (f) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable in accordance with OAR 340-122-0235. (2) Contaminated soil shall be managed in accordance with solid waste regulations. (3) Within 20 days after release confirmation, or within a longer period of time approved by the Department, the responsible person shall submit a report to the Department summarizing the steps taken under OAR 340-122-0220 and 340-122-0225 and any resulting information or data. 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