reglab/housing_qa huggingface dataset:
OR Rev Stat § 466.760 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.760 - When permit required; who required to sign application.

(1) No person shall install, bring into operation, operate or decommission an underground storage tank without first obtaining a permit from the Department of Environmental Quality. (2) No person shall deposit a regulated substance into an underground storage tank unless the tank is operating under a permit issued by the department. (3) Any person who assumes ownership of an underground storage tank from a previous permittee must complete and return to the department an application for a new permit before the person begins operation of the underground storage tank under the new ownership. (4) Any person who deposits a regulated substance into an underground storage tank or sells an underground storage tank shall notify the owner or operator of the tank of the permit requirements of this section. (5) The following persons must sign an application for a permit submitted to the department under this section or ORS 466.750 (5): (a) The owner of an underground storage tank storing a regulated substance; (b) The owner of the real property in which an underground storage tank is located; and (c) The proposed permittee, if a person other than the owner of the underground storage tank or the owner of the real property. [1987 c.539 §16; 1989 c.926 §43; 1989 c.1071 §§23,28; 1999 c.979 §11]
OR Rev Stat § 466.765 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.765 - Duty of owner or permittee of underground storage tank.

In addition to any other duty imposed by law and pursuant to rules adopted under ORS 466.706 to 466.882 and 466.994, the owner or the permittee of an underground storage tank shall: (1) Prevent releases; (2) Install, operate and maintain underground storage tanks and leak detection devices and develop and maintain records in connection therewith in accordance with standards adopted and permits issued under ORS 466.706 to 466.882 and 466.994; (3) Furnish information to the Department of Environmental Quality relating to underground storage tanks, including information about tank equipment and regulated substances stored in the tanks; (4) Promptly report releases; (5) Conduct monitoring and testing as required by rules adopted under ORS 466.746 and permits issued under ORS 466.760; (6) Permit department employees or a duly authorized and identified representative of the department at all reasonable times to have access to and to copy all records relating to underground storage tanks; (7) Pay all costs of investigating, preventing, reporting and stopping a release; (8) Decommission tanks, as required by rules adopted under ORS 466.746 and permits issued under ORS 466.760; (9) Pay all fees; (10) Conduct any corrective action required under ORS 466.810; and (11) Perform any other requirement adopted under ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §20 (enacted in lieu of 468.905)]
OR Rev Stat § 466.775 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.775 - Grounds for refusal, modification, suspension or revocation of permit.

(1) The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the department finds: (a) A material misrepresentation or false statement in the application for the permit; (b) Failure to comply with the conditions of the permit; or (c) Violation of any applicable provision of ORS 466.706 to 466.882 and 466.994, any applicable rule or standard adopted under ORS 466.706 to 466.882 and 466.994 or an order issued under ORS 466.706 to 466.882 and 466.994. (2) The department may modify a permit issued under ORS 466.760 if the department finds, after notice and opportunity for hearing, that modification is necessary to protect the public health, safety, welfare or the environment. (3) The department shall modify, suspend, revoke or refuse to issue or renew a permit according to the provisions of ORS chapter 183 for a contested case proceeding. [1987 c.539 §21]
OR Rev Stat § 466.780 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.780 - Variance upon petition.

(1) Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 if the commission finds: (a) The alternative proposed by the petitioner provides protection to the public health, safety, welfare and the environment, equal to or greater than the rule or standard; and (b) The alternative proposal is at least as stringent as any applicable federal requirements. (2) The commission may grant a variance under subsection (1) of this section only if the commission finds that strict compliance with the rule or standard is inappropriate because: (a) Conditions exist that are beyond the control of the petitioner; or (b) Special physical conditions or other circumstances render strict compliance unreasonable, burdensome or impracticable. (3) The commission may delegate the authority to grant a variance to the Department of Environmental Quality. (4) Within 15 days after the department denies a petition for a variance, the petitioner may file with the commission a request for review by the commission. The commission shall review the petition for variance and the reasons for the department’s denial of the petition within 150 days after the commission receives a request for review. The commission may approve or deny the variance or allow a variance on terms different than the terms proposed by the petitioner. If the commission fails to act on a denied petition within the 150-day period the variance shall be considered approved by the commission. [1987 c.539 §22]
OR Rev Stat § 466.783 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.783 - Installation fee; permit modification fee.

(1) An applicant for a permit to install an underground storage tank shall pay an installation fee of $400 per tank. The applicant shall make payment to the Department of Environmental Quality at the time of application for the installation of an underground storage tank. (2)(a) When ownership of an existing underground storage tank changes, or when ownership of the property on which an underground storage tank is located changes, the permittee shall pay a permit modification fee of $75. The permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit. (b) When a permittee changes, the new permittee shall pay a permit modification fee of $75. The new permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit. (3) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §12]
OR Rev Stat § 466.787 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.787 - Annual service provider fee; biennial supervisor fee.

(1) As used in this section: (a) "Service provider" means a person or firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage tank services. (b) "Supervisor" means a person, operating alone or employed by a contractor, who directs and oversees underground storage tank services. (c) "Underground storage tank services" includes but is not limited to installation, decommissioning, retrofitting, testing and inspection of underground storage tanks. (2) Pursuant to ORS 466.750: (a) A supervisor shall pay fees based on the following schedule: (A) $150 every two years for each license issued for cleanup of underground storage tanks; and (B) $150 every two years for a license to service underground storage tanks. (b) A service provider shall pay a fee of $300 per license per year. (3) Fees collected by the Department of Environmental Quality under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §4]
OR Rev Stat § 466.791 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.791 - Underground Storage Tank Compliance and Corrective Action Fund; sources; uses.

(1) The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury. (2) The following moneys, as they pertain to an underground storage tank, shall be deposited into the State Treasury and credited to the Underground Storage Tank Compliance and Corrective Action Fund: (a) Moneys recovered or otherwise received from responsible parties for corrective action; (b) Moneys allocated to the fund from the Administrative Services Economic Development Fund; (c) As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds made available from multidistrict litigation - 150 oil overcharge settlement moneys or surplus stripper well oil overcharge settlement moneys; and (d) Any penalty, fine or damages recovered under ORS 466.770. (3) The State Treasurer may invest and reinvest moneys in the Underground Storage Tank Compliance and Corrective Action Fund in the manner provided by law. (4) The moneys in the Underground Storage Tank Compliance and Corrective Action Fund are appropriated continuously to the Department of Environmental Quality to be used as provided in subsection (5) of this section. (5) Moneys in the Underground Storage Tank Compliance and Corrective Action Fund may be used by the department for the following purposes: (a) Supporting the loan guarantee program established pursuant to section 4, chapter 1071, Oregon Laws 1989; (b) Repaying moneys advanced under ORS 293.205 to 293.225 to allow the department to begin operating the grant and loan programs established pursuant to section 4, chapter 1071, Oregon Laws 1989, or servicing any debt incurred by the fund; (c) Administration of the underground storage tank program; (d) Funding the interest rate subsidies established under section 6a, chapter 863, Oregon Laws 1991; (e) Funding the underground storage tank insurance premium copayment program established under sections 38 to 46, chapter 863, Oregon Laws 1991; and (f) Funding of the grants established under section 6, chapter 863, Oregon Laws 1991. [1991 c.863 §16 (enacted in lieu of 466.790); 1993 c.18 §120; 1993 c.661 §5; 1997 c.767 §9; 2001 c.104 §203]
OR Rev Stat § 466.795 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.795 - Underground Storage Tank Insurance Fund.

(1) The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund in the State Treasury to be used solely for the purpose of satisfying the financial responsibility requirements of ORS 466.815. (2) Moneys transferred by the Department of Environmental Quality from the Underground Storage Tank Compliance and Corrective Action Fund established under ORS 466.791 shall be credited to the Underground Storage Tank Insurance Fund. (3) The State Treasurer may invest and reinvest moneys in the Underground Storage Tank Insurance Fund in the manner provided by law. (4) The moneys in the Underground Storage Tank Insurance Fund are appropriated continuously to the department to be used as provided for in subsection (5) of this section. (5) Moneys in the Underground Storage Tank Insurance Fund may be used by the department for the following purposes, as they pertain to underground storage tanks: (a) Funding of the underground storage tank insurance premium copayments established under sections 38 to 46, chapter 863, Oregon Laws 1991; and (b) Payment of the department’s costs in administering the Underground Storage Tank Insurance Fund, which shall be limited to five percent of the premium collected. [1987 c.539 §28; 1989 c.833 §158; 1989 c.935 §§2,3; 1991 c.863 §47]
OR Rev Stat § 466.800 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.800 - Records as public records; exceptions.

(1) Except as provided in subsection (2) of this section, any records, reports or information obtained from any persons under ORS 466.765 and 466.805 shall be made available for public inspection and copying during the regular office hours of the Department of Environmental Quality at the expense of any person requesting copies. (2) Unless classified by the director as confidential, any records, reports or information obtained under ORS 466.706 to 466.882 and 466.994 shall be available to the public. Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, if made public, would divulge methods, processes or information entitled to protection as trade secrets under ORS 192.338, 192.345 and 192.355, the director shall classify as confidential such record, report or information, or particular part thereof. However, such record, report or information may be disclosed to any other officer, medical or public safety employee or authorized representative of the state concerned with carrying out ORS 466.706 to 466.882 and 466.994 or when relevant in any proceeding under ORS 466.706 to 466.882 and 466.994. (3) Any record, report or information obtained or used by the department or the Environmental Quality Commission in administering the statewide underground storage tank program under ORS 466.706 to 466.882 and 466.994 shall be available to the United States Environmental Protection Agency upon request. If the record, report or information has been submitted to the state under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency for the requested record, report or information. The federal agency shall treat the record, report or information subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 468.910]
OR Rev Stat § 466.805 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.805 - Site inspection; subpoena or warrant.

(1) In order to determine compliance with the provisions of ORS 466.706 to 466.882 and 466.994 and rules adopted under ORS 466.706 to 466.882 and 466.994 and to enforce the provisions of ORS 466.706 to 466.882 and 466.994, any employees of or an authorized and identified representative of the Department of Environmental Quality may: (a) Enter at reasonable times any establishment or site where an underground storage tank is located; (b) Inspect and obtain samples of a regulated substance contained in an underground storage tank; and (c) Conduct an investigation of an underground storage tank, associated equipment, contents or the soil, air or waters of the state surrounding an underground storage tank. (2) If any person refuses to comply with subsection (1) of this section, the department or a duly authorized and identified representative of the department may obtain a warrant or subpoena to allow such entry, inspection, sampling or copying. [1987 c.539 §30 (enacted in lieu of 468.907)]
OR Rev Stat § 466.810 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.810 - Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies.

(1) Whenever the Department of Environmental Quality has reasonable cause to believe that an underground storage tank or the operation of an underground storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994, the department may investigate the underground storage tank. (2) After the department investigates an underground storage tank under subsection (1) of this section, the department may, without notice or hearing, make such findings and issue such orders as it considers necessary to protect the public health, safety, welfare or the environment. (3) The findings and orders made by the department under subsection (2) of this section may: (a) Require changes in the operation, practices or operating procedures found to be in violation of ORS 466.706 to 466.882 and 466.994 or the rules adopted under ORS 466.706 to 466.882 and 466.994; (b) Require the owner or operator to comply with the provisions of a permit; (c) Require compliance with a schedule established in the order; and (d) Require any other actions considered necessary by the department. (4) After the department issues an order under subsection (2) of this section, the department may decommission the underground storage tank or contract with another person to decommission the underground storage tank. (5) The department shall serve a certified copy of any order issued by it under subsection (2) of this section to the permittee or the permittee’s duly authorized representative at the address furnished to the department in the permit application or other address as the department knows to be used by the permittee. The order shall take effect 20 days after the date of its issuance, unless the permittee requests a hearing on the order before the Environmental Quality Commission. The request for a hearing shall be submitted in writing within 20 days after the department issues the order. (6) All hearings under this section shall be conducted according to applicable provisions of ORS chapter 183 for contested cases. (7) Whenever it appears to the department that any person is engaged or about to engage in any act or practice that constitutes a violation of ORS 466.706 to 466.882 and 466.994 or the rules and orders adopted under ORS 466.706 to 466.882 and 466.994 or of the terms of any permit issued under ORS 466.706 to 466.882 and 466.994, the department, without prior administrative hearing, may institute actions or proceedings for legal or equitable remedies to enforce compliance therewith or to restrain further violations thereof. [1987 c.539 §32; 1999 c.849 §101a]
OR Rev Stat § 466.815 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.815 - Financial responsibility of owner or permittee; rules; legislative review.

(1) The Environmental Quality Commission may by rule require an owner or permittee to demonstrate and maintain financial responsibility for: (a) Taking corrective action; (b) Compensating a third party for bodily injury and property damage caused by a release; and (c) Compensating the Department of Environmental Quality, or any other person, for expenses incurred by the department or any other person in taking corrective action. (2) The financial responsibility requirements established by subsection (1) of this section may be satisfied by insurance, guarantee by third party, surety bond, letter of credit or qualification as a self-insurer or any combination of these methods. In adopting rules under subsection (1) of this section, the commission may specify policy or other contractual terms, conditions or defenses necessary or unacceptable to establish evidence of financial responsibility. (3) If an owner or permittee is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if jurisdiction in any state or federal court cannot be obtained over either an owner or a permittee likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor. In the case of action under subsection (1)(b) of this section, the guarantor is entitled to invoke all rights and defenses that would have been available to the owner or permittee if the action had been brought against the owner or permittee by the claimant and all rights and defenses that would have been available to the guarantor if the action had been brought against the guarantor by the owner or permittee. (4) The total liability of a guarantor shall be limited to the aggregate amount the guarantor provided as evidence of financial responsibility to the owner or permittee under subsection (2) of this section. This subsection does not limit any other state or federal statutory, contractual or common law liability of the guarantor for bad faith in negotiating or in failing to negotiate the settlement of any claim. This subsection does not diminish the liability of any person under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, or other applicable law. (5) Corrective action and compensation programs financed by a fee paid by owners and permittees and administered by the department may be used to satisfy all or part of the financial responsibility requirements of this section. (6) No rule requiring an owner or permittee to demonstrate and maintain financial responsibility shall be adopted by the commission before review by the appropriate legislative committee as determined by the President of the Senate and the Speaker of the House of Representatives. [1987 c.539 §27]