justicedao/ipfs_state_laws huggingface dataset:
837-090-1025 Payments and Billings (1) Hazardous Substance Possession Fee payments are due by January 1 unless otherwise specified on the fee assessment statement. (2) Hazardous Substance Possession Fees shall be due retroactively to January 1 of each year, for those persons who had been notified but failed to previously submit required complete and accurate Hazardous Substance Information Surveys as required by OAR 837-085-0010 to 837-085-0090. (3) In the absence of other data, current survey data will be used to assess the fee(s) for the previous year(s) when a firm was subject to the Hazardous Substance Information Survey and assessed fees. (4) Persons who fail to pay the assessed fee within 60 days of the due date shall be assessed a late penalty fee of five percent of the fee amount. (5) Persons who pay the assessed fee 60 days or more after the due date on the fee assessment statement shall be subject to payment of interest at the rate prescribed under ORS 305.220. (6) Persons subject to retroactive fee assessments shall be subject to payment of interest at the rate prescribed under ORS 305.220. (7) The Department of the State Fire Marshal shall, for each year a fee is due, send a statement to each person subject to the fee indicating the amount of fee due and the due date. (8) The Department of the State Fire Marshal may extend for good cause, up to one month, the due date for fee payment: (a) The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted; (b) If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, for each month, or fraction of a month, from the time the payment was originally due to the time payment is actually made, shall be added and paid. (9) If the person fails to pay the amount due, the State Fire Marshal may either: (a) Bring an action for the recovery of the fee due; or (b) Initiate a contested case hearing according to the applicable provisions of ORS 183.310 to 183.550. (10) Notwithstanding any provision of ORS 183.310 to 183.550, nothing in section (9) of this rule shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (9)(a) of this rule. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.400 - 403.404 History: OSFM 28-2023, 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
837-090-1035 Records (1) Every person who possesses a hazardous substance shall keep at the registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used, or manufactured at the facility. (2) The State Fire Marshal or an authorized representative of the State Fire Marshal, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 453.396 to 453.414 and these rules. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.406 History: 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
837-090-1040 Exemptions (1) Units of local government are exempted from the assessment of Hazardous Substance Possession Fees for those substances which the unit of local government: (a) Is specifically required to use by a state or federal law or rule; or (b) Uses to meet a standard imposed by state or federal law or rule; or (c) Produces as a by-product of processes employed to meet a standard imposed by state or federal law or rule. (2) Unit of local government exemption requests shall be made on forms or by methods specified by the Department of the State Fire Marshal. (3) The following substances are exempt from the Hazardous Substance Possession Fee: (a) Crude oil and petroleum products derived from the refining of crude oil, including plant condensate, gasoline, diesel motor fuel, aviation fuel, lubrication oil, crankcase motor oil, kerosene, benzol, fuel oil, residual fuel, petroleum coke, asphalt base, liquefied or liquefiable gases such as butane, ethane and propane and other products described during petroleum processing, but not including derivatives, such as petroleum jellies, cleaning solvents or asphalt paving; (b) Solid waste as defined in ORS 459.005; (c) Hazardous waste as defined in ORS 466.005; (d) Any substance or activity which the Constitution or laws of the United States prohibit the state from taxing; (e) Propane used to power licensed motor vehicles; (f) Propane when possessed by public schools; (g) Natural gas unless stored in liquefied form for non-vehicular use in quantities greater than 200 cubic feet. (4) Persons whose property is exempt from taxation under ORS 307.090 are exempt from that portion of the Hazardous Substance Possession Fee assessed for funding the Orphan Site Account under ORS 453.402(2)(c). (5) The State Fire Marshal by rule may add persons or substances to or exempt persons or substances from liability for the fee imposed under ORS 453.396 to 453.414 to conform to the reporting requirements established by the State Fire Marshal under the Community Right to Know and Protection Act. See OAR 837-090-1000 to 837-090-1045. Requests for such exemptions shall be made according to the exemption provisions in OAR 837-090-1040. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.402 & 453.414 History: OSFM 27-2023, 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
837-090-1045 Local Government Fees (1) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey shall be used solely to supplement and not to duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372. (2) Local government Hazardous Substance Possession Fees 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. (3) Local governments shall not assess a hazardous Substance Possession Fee for the same substance to persons who are assessed a Hazardous Substance Possession Registration Fee by the Department of the State Fire Marshal. (4) The Department of the State Fire Marshal shall not enter into a contract with a local government under OAR 837-090-1000(3) or section (2) of this rule, unless the local government meets the following requirements: (a) The local government certifies that the revenue from the local Hazardous Substance Possession Fee will be used solely to supplement and not duplicate the Department of the State Fire Marshal's programs under ORS 453.307 to 453.372; and (b) The local Hazardous Substance Possession Fee system is structured to be compatible with the fee schedules adopted by OAR 837-090-1030; and (c) The local Hazardous Substance Possession Fee assessment program will not raise moneys in excess of that needed to carry out the local government's supplemental Community Right-To-Know programs. (5) The contract under these rules shall include: (a) Provisions that assure that the local government pays the portion of the costs that may be attributed to its fee assessment program; and (b) Conditions that require the local government to bear all costs related to collection of its fee, including but not limited to costs associated with conducting hearings or appeals on the fee; (c) If appropriate, provisions to allow local government to conduct hearings or appeals on its fees. (6) Any local government operating a Hazardous Substance Possession Fee assessment program shall comply with these rules on or before July 1, 1992. (7) Local government programs funded by Hazardous Substance Possession Fees will be reviewed by the Department of the State Fire Marshal to ensure against duplication, in accordance with ORS 453.402(7)(b). (8) Failure of a local government to comply with section (4) of this rule will result in cancellation of the Department of the State Fire Marshal's contract and the local government's Hazardous Substance Possession Fee assessment program. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.402 History: OSFM 26-2023, 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
837-090-1145 Petroleum Load Fee As provided in ORS 465.101 to 465.131, the petroleum load withdrawal fee is established to implement the statewide hazardous materials emergency response system provided in ORS 453.374 as it relates to the maintenance, operation, and use of the public highways, roads, streets, and roadside rest areas. Effective October 1, 2019 the fee shall be $9.00 per load, effective July 1, 2020 the fee shall be $10.00 per load. Statutory/Other Authority: ORS 465.106 Statutes/Other Implemented: ORS 465.106 History: OSFM 8-2019, amend filed 09/27/2019, effective 10/01/2019 OSFM 3-2013, f. 6-26-13, cert. ef. 6-30-13 OSFM 11-2012(Temp), f. 11-1-12, cert. ef. 1-1-13 thru 6-30-13 OSFM 3-2009, f. & cert. ef. 11-18-09 OSFM 12-2005, f. & cert. ef. 8-15-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 5-1993, f. & cert. ef. 11-1-93
837-095-0010 Purpose and Scope These rules establish emergency planning districts as required by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.). The rules provide guidelines for the establishment of a Local Emergency Planning Committee (LEPC) within each emergency planning district. The rules also establish a State Emergency Response Commission (SERC) Executive Committee. Statutory/Other Authority: ORS 476.030(2) Statutes/Other Implemented: ORS 453.520 History: OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15
837-095-0020 Definitions For purposes of Oregon Revised Statutes (ORS) 453.520 only, the following definitions apply: (1) “Emergency Planning District” means geographic boundaries designated by the State Emergency Response Commission to facilitate preparation and implementation of emergency plans related to hazardous materials incidents. (2) “Industry” means facilities subject to the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Chapter 11001 et seq.). (3) “Local Emergency Planning Committee” means a federally mandated, quasi-governmental entity representing local government, emergency response officials, facility owners/operators, environmental and citizen groups and other interested parties. (4) “State Emergency Response Commission” means the Department of the State Fire Marshal as designated by the Governor pursuant to the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Chapter 11001 et seq.). (5) “State Emergency Response Commission Executive Committee” means a body established to assist the SERC in carrying out the responsibilities mandated in EPCRA. Statutory/Other Authority: ORS 476.030(2) Statutes/Other Implemented: ORS 453.520 History: OSFM 25-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15
837-095-0030 SERC Executive Committee (1) The State Emergency Response Commission shall maintain a SERC Executive Committee whose purposes include but are not limited to: (a) Advising the SERC on the designation of Emergency Planning Districts consistent with Oregon Administrative Rules (OAR) 837-095; (b) Advising the SERC on the creation, modification, or dissolving of Local Emergency Planning Committees (LEPC) and on the confirmation of appointments to those committees; (c) Reviewing plans developed by Local Emergency Planning Committees and making plan recommendations to the SERC; (d) Supporting Local Emergency Planning Committee efforts to implement EPCRA and ORS 453.520; (e) Supporting and assisting SERC and Local Emergency Planning Committee efforts to enhance hazardous materials emergency preparedness and response capabilities; (f) Coordinating hazardous materials training, education, exercises, and outreach activities as well as grant and technical assistance opportunities in support of the SERC and Local Emergency Planning Committees; and (g) Setting priorities for spending Oregon's allocation of federal Hazardous Materials Emergency Preparedness (HMEP) funds and evaluating requests from LEPCs to fund planning, training, and exercise projects using HMEP funds. (2) The membership of the SERC Executive Committee shall be by agency or organization, each with one representative and one alternate. The SERC Executive Committee shall consist of the following: (a) The director or a designee of the following state agencies: (A) Oregon Department of the State Fire Marshal (B) Oregon Department of Emergency Management (C) Oregon Department of Transportation (D) Oregon State Police (E) Oregon Governor’s Office (F) Oregon Health Authority (G) Oregon Department of Environmental Quality (b) A representative from each of the following organizations or groups: (A) Local Emergency Management (B) Oregon Emergency Management Association (C) Local Emergency Planning Committees (D) Industry (E) Oregon Fire Chiefs Association (F) Oregon Regional Hazardous Materials Emergency Response Teams (G) Oregon State Sheriffs’ Association (H) Oregon Tribes (I) Association of Oregon Counties (3) The SERC Executive Committee shall adopt bylaws and establish such policies and procedures as necessary to conduct its work. Statutory/Other Authority: ORS 476.030(2) Statutes/Other Implemented: ORS 453.520 History: OSFM 1-2026, amend filed 01/30/2026, effective 01/30/2026 OSFM 24-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 9-2019, amend filed 09/27/2019, effective 10/01/2019 OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15
837-095-0040 Emergency Planning Districts The SERC designates each of the 36 counties of Oregon as an Emergency Planning District (EPD) for the purposes of EPCRA. (a) Two or more emergency planning districts may combine resources and function as a single EPD by providing documentation of such request to the SERC from an authorized representative of each county. (b) Should any county participating in a combined EPD desire to dissolve the combined EPD for any reason, an authorized representative of the county must notify the SERC as well as the other county(ies) involved in the combined EPD of their desire to withdraw from the combined EPD. Statutory/Other Authority: ORS 476.030(2) Statutes/Other Implemented: ORS 453.520 History: OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15
837-095-0050 Local Emergency Planning Committees (1) A Local Emergency Planning Committee (LEPC) shall be formed in each EPD. Membership in the LEPC should be guided by the EPCRA and be reflective of the stakeholders within each EPD. (2) The duties and responsibilities of the LEPC should be consistent with the intent of EPCRA and focus on enhancing hazardous materials emergency planning, preparedness and response capabilities within the EPD. (3) Each LEPC shall appoint a chairperson and adopt such policies and procedures as are necessary to conduct its work. (4) Each LEPC shall appoint an Information Coordinator to assist the LEPC Chair, as required under EPCRA. (5) Each LEPC shall maintain and provide to the SERC a list of contact information for all committee members. (6) Each LEPC shall prepare an emergency plan, or annex to an appropriate county emergency operations plan, in accordance with EPCRA. (7) Each LEPC shall review its community emergency response plan annually and submit the reviewed plan to the SERC for review and recommendations. Statutory/Other Authority: ORS 476.030(2) Statutes/Other Implemented: ORS 453.520 History: OSFM 1-2026, amend filed 01/30/2026, effective 01/30/2026 OSFM 5-2014, f. 12-22-14, cert. ef. 1-1-15
837-110-0005 Purpose and Scope The purpose of these rules is to increase the degree of public safety by preventing unwanted wild fires and smoke from field burning and propaning near highways and freeways within the State of Oregon. These rules shall apply to that area west of the crest of the Cascade Range and south to the Douglas/Lane County lines. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0007 Definitions (1) Local services road: Serves isolated areas that have little or no potential for further development and those serving a minimal number of parcels of land. Most of these roads will not be through roads (connected to public roads on both ends) but will dead end at the service to the last parcel on the road. (2) Trained Flagger: Has successfully completed a training course taught by a competent person. The training course must comply in substance with Oregon Department of Transportation flagging course content. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03
837-110-0010 Field Preparation (1) Prior to burning, all fields shall be prepared by providing a barrier around the perimeter free of combustibles. (2) The barrier shall prevent any fire spread and shall be prepared by using one or more of the following methods: (a) Plowing or disking a 17-foot strip around the field perimeter; or (b) Plowing or disking a five-foot strip around the field perimeter and the removal of loose, combustible straw from a 12-foot strip immediately adjacent to the five-foot strip; or (c) Having a 17-foot strip of green cover crop or bare earth; or (d) Retaining a least a 50-foot strip of green cover crop or bare earth in the immediately adjacent field(s) at the time of burning; or (e) Other alternatives may be used with the specific written approval of the State Fire Marshal. (3) The barrier need not be provided where the perimeter of the field lies adjacent to a field that meets the provision of this section. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0020 Firefighting Water Supplies (1) When burning acreage, the following firefighting vehicles shall be provided: (a) Up to 50 acres — At least two water tank vehicles with a minimum of 1,000 gallon water capacity shall be on site; (b) 50 to 200 acres — At least three water tank vehicles with a minimum of 1,500 gallon water capacity shall be on site; (c) Over 200 acres — At least four water tank vehicles with a minimum of 3,000 gallon water capacity shall be on site. (2) Refill Requirements: During actual firefighting operations the water requirements described in this section shall be maintained at or above 25 percent of the specified amount. Within the buffer zone described in OAR 837-110-0080, this requirement shall be raised to at least 50 percent. NOTE: Vehicles with smaller capacity water tanks may be used to meet the total gallonage capacity required by subsections (1)(a) through (c) of this rule. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0030 Firefighting Equipment The person(s) responsible for the acreage to be burned shall use firefighting equipment that meets or exceeds the following standards: (1) All water tank vehicles shall be equipped with a pump in working order with a pumping capability of 30 gallons per minute or more and capable of extinguishing a flame at a distance of at least 40 feet. (2) All required firefighting vehicles shall be adequately staffed to assure proper operation. It is recommended that at least two employees who have received basic safety training be assigned to each firefighting vehicle. (3) All water tanks shall be filled to 90 percent of their capacity prior to ignition of the field. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0040 Ignition Criteria (1) To ensure an adequate, complete, and even burn over the entire field to be burned, a minimum of two drip torches, propane lighters, or other pressurized fuel torches shall be on the burn site at the time of ignition. (2) Whenever possible ignition shall cause the edges of the field to burn first and the burn to continue toward the field’s center. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 2-1994, f. & cert. ef. 2-7-94 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0050 Prohibited Use The use of pitch forks, harrows, or the dragging of burning tires to ignite the fire is prohibited. Statutory/Other Authority: ORS 476 & 478 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0060 Communication The ability to call assistance and summon help from an appropriate emergency response agency shall be maintained at all times by phone, or by radio communications between all firefighting equipment used in the burning of the field and a constantly staffed base station or home with phone access. Statutory/Other Authority: ORS 476 & 478 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88
837-110-0070 Fire Safety Watch In addition to the firefighting equipment required by OAR 837-110-0020 and 837-110-0030, a continuous fire safety watch shall be provided. The fire safety watch: (1) Shall patrol the perimeter of the field during burning operations. (2) Shall begin prior to the ignition of the field and continue for at least 30 minutes after open flame ceases. However, the fire watch shall not leave until it is confirmed that the fire is completely out. (3) Shall consist of at least one firefighting vehicle having a water tank with at least a 200 gallon water capacity and which meets the requirements of OAR 837-110-0030 and 837-110-0060. Statutory/Other Authority: ORS 476.030, 476.380 & 478.960 Statutes/Other Implemented: ORS 476.380 & 478.960 History: OSFM 1-2003, f. 1-8-03, cert. ef. 2-1-03 FM 4-1993(Temp), f. & cert. ef. 8-11-93 FM 2-1994, f. & cert. ef. 2-7-94 FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f. & cert. ef. 8-15-88 FM 7-1988(Temp), f. & cert. ef. 8-12-88