reglab/housing_qa huggingface dataset:
OR Rev Stat § 465.250 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.250 - Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.

(1) Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated, stored, transported to, disposed of or released at a facility and the dates thereof, or to the identity or financial resources of a potentially responsible person, shall, upon request by the Department of Environmental Quality or its authorized representative, disclose or make available for inspection and copying such information, documents or records. (2) Upon reasonable basis to believe that there may be a release of a hazardous substance at or upon any property or facility, the department or its authorized representative may enter any property or facility at any reasonable time to: (a) Sample, inspect, examine and investigate; (b) Examine and copy records and other information; or (c) Carry out removal or remedial action or any other action authorized by ORS 465.200 to 465.545 and 465.900. (3) If any person refuses to provide information, documents, records or to allow entry under subsections (1) and (2) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry. (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the department or its authorized representative shall, upon request by the current owner or operator of the facility or property, provide a portion of any sample obtained from the property or facility to the owner or operator. (b) The department may decline to give a portion of any sample to the owner or operator if, in the judgment of the department or its authorized representative, apportioning a sample: (A) May alter the physical or chemical properties of the sample such that the portion of the sample retained by the department would not be representative of the material sampled; or (B) Would not provide adequate volume to perform the laboratory analysis. (c) Nothing in this subsection shall prevent or unreasonably hinder or delay the department or its authorized representative in obtaining a sample at any facility or property. (5) Persons subject to the requirements of this section may make a claim of confidentiality regarding any information, documents or records, in accordance with ORS 466.090. [Formerly 466.565]
OR Rev Stat § 465.257 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.257 - Right of contribution from other person liable for remedial action costs; allocation of orphan share.

(1) Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable under ORS 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following: (a) The amount of hazardous substances contributed to the facility; (b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment; (c) The degree of involvement in the release of the hazardous substance by the liable persons; (d) The relative culpability or negligence of the liable persons; (e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility; (f) The extent of the participation by the liable person in response actions at the facility; (g) The length of time the facility was owned or operated by the liable person during the time the release occurred; (h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits; (i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release; (j) The circumstances and conditions involved in the facility’s conveyance, including the price paid and any discounts granted; and (k) The quality of evidence concerning liability and equitable shares. (2) At the time of trial, if a person who is otherwise liable under ORS 465.255 is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that person’s equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share’s liable person and each other liable person. [1995 c.662 §5] Note: 465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 465.265 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.265 - "Person" defined for ORS 465.265 to 465.310.

As used in ORS 465.265 to 465.310, "person" includes but need not be limited to a person liable under ORS 465.255. Except as provided in ORS 465.275 (2), "person" does not include the state or any state agency or the federal government or any agency of the federal government. [1989 c.833 §103]
OR Rev Stat § 465.270 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.270 - Legislative findings and intent.

(1) The Legislative Assembly finds that: (a) The costs of cleanup may result in economic hardship or bankruptcy for individuals and businesses that are otherwise financially viable; (b) These persons may be willing to clean up their sites and pay the associated costs; however, financial assistance from private lenders may not be available to pay for the cleanup; and (c) It is in the interest of the public health, safety, welfare and the environment to establish a program of financial assistance for cleanups, to help individuals and businesses maintain financial viability, increasing the share of cleanup costs paid by responsible persons and ultimately decreasing amounts paid from state funds. (2) Therefore, the Legislative Assembly declares that it is the intent of ORS 465.265 to 465.310: (a) To assure that moneys for financial assistance are available on a continuing basis consistent with the length and terms provided by the financial assistance agreements; and (b) To provide authority to the Department of Environmental Quality to develop and implement innovative approaches to financial assistance for cleanups conducted under ORS 465.200 to 465.545 or, at the discretion of the department, under other applicable authorities. [1989 c.833 §102]
OR Rev Stat § 465.275 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.275 - Remedial action and financial assistance program; contracts for implementation.

(1) The Department of Environmental Quality may conduct: (a) A financial assistance program, including but not limited to loan guarantees, to assist persons in financing the cost of remedial action. (b) Activities necessary to carry out the purpose of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310, including but not limited to entering into contracts or agreements, making and guaranteeing loans, taking security and instituting appropriate actions to enforce agreements made under ORS 465.285. (2) The department may enter into a contract or agreement for services to implement a financial assistance program with any person, including but not limited to a financial institution or a unit of local, state or federal government. The services may include but need not be limited to evaluating creditworthiness of applicants, preparing and marketing financial assistance packages and administering and servicing financial assistance agreements. [1989 c.833 §104]
OR Rev Stat § 465.280 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.280 - Rules; insuring tax deductibility of interest on bonds.

In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310 and to insure that interest on bonds issued under ORS 468.195 to be used for removal or remedial action of hazardous substances is not includable in gross income under the United States Internal Revenue Code. [1989 c.833 §105]
OR Rev Stat § 465.285 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.285 - Requirements for financial assistance; contents of agreements.

(1) The Department of Environmental Quality may provide financial assistance only to persons who meet all of the following eligibility requirements: (a) The department has determined that removal or remedial action proposed by the applicant is necessary to protect the public health, safety and welfare or the environment. (b) The applicant demonstrates to the department’s satisfaction that the applicant either is unable to obtain financing for the removal or remedial action from other sources or that financing for the removal or remedial action is not available to the applicant at reasonable rates and terms. (c) The applicant demonstrates to the department’s satisfaction that there is a reasonable likelihood the applicant has the ability to repay. (d) The applicant agrees to conduct the removal or remedial action according to an agreement with the department. (e) Any other requirement the department considers necessary or appropriate. (2) A financial assistance agreement shall include any provision the department considers necessary, but shall at least include the following provisions: (a) Terms of the financial assistance; and (b) A statement that moneys obligated by the department under the agreement are limited to moneys in the Hazardous Substance Remedial Action Fund expressly designated by the department for financial assistance purposes. [1989 c.833 §106]
OR Rev Stat § 465.290 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.290 - Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations.

(1) The obligation of the Department of Environmental Quality to provide financial assistance or to advance money under a financial assistance agreement made under ORS 465.285 shall not constitute an obligation against the General Fund or any other state fund except against the Hazardous Substance Remedial Action Fund to the extent moneys in the Hazardous Substance Remedial Action Fund are expressly designated by the department for such financial assistance purposes. (2) The department may provide a remedial action cost estimate for use by the department, a lender or a guarantor in determining the amount of financial assistance, evaluating the creditworthiness of a borrower, providing loan guarantees or as the department considers appropriate. (3) When financial assistance is provided to a local governmental unit, the agreement may be secured as the department requires for adequate security. (4) The department may take any action under ORS 465.260, 465.330 or 465.335 or other applicable authority to recover costs incurred or moneys advanced under a financial assistance agreement. Costs incurred or money advanced under a financial assistance agreement entered into under ORS 465.285 shall be remedial action costs. At the department’s discretion, the department may file a claim of lien for such remedial action costs in accordance with the procedures set forth in ORS 465.335 (1), (2)(a) to (c), (3) and (4). (5) The department may settle, compromise or release all or part of any obligation arising under a financial assistance agreement so long as the department’s action is consistent with the purposes of ORS 465.265 to 465.310. [1989 c.833 §107]
OR Rev Stat § 465.295 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.295 - Decision regarding financial assistance not subject to judicial review.

Notwithstanding any provision of ORS chapter 183, the decision of the Department of Environmental Quality to approve or deny financial assistance under ORS 465.265 to 465.310 or the department’s determination of the amount or use of a remedial action cost estimate under ORS 465.290 shall not be subject to appeal to the Environmental Quality Commission or subject to judicial review. [1989 c.833 §108]
OR Rev Stat § 465.300 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.300 - Records and financial assistance applications exempt from disclosure as public record.

Financial records and other information that are submitted to the Department of Environmental Quality as part of an application for financial assistance under ORS 465.265 to 465.310 shall be exempt from disclosure under ORS 192.311 to 192.478, unless the public interest requires disclosure in a particular instance. [1989 c.833 §109]
OR Rev Stat § 465.305 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.305 - Application fees; rules.

The Environmental Quality Commission may establish by rule reasonable fees for applicants for financial assistance sufficient to pay for the costs of the Department of Environmental Quality of carrying out the provisions of ORS 465.265 to 465.310. [1989 c.833 §110]
OR Rev Stat § 465.310 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.310 - Accounting procedure for financial assistance moneys.

For the purposes of ORS 465.265 to 465.310, the Department of Environmental Quality may place moneys for the purpose of providing financial assistance in reserve status or subaccounts within the Hazardous Substance Remedial Action Fund. Moneys placed in reserve status or subaccounts under this section in connection with a financial assistance agreement shall not be subject to claims under ORS 465.260 or otherwise except as provided in the financial assistance agreement. [1989 c.833 §111]
OR Rev Stat § 465.320 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.320 - Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability.

Except as provided in ORS 465.260 (3), before approval of any remedial action to be undertaken by the Department of Environmental Quality or any other person, adoption of a certification decision under ORS 465.325 or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, the department shall: (1) Publish a notice and brief description of the proposed action in a local paper of general circulation and in the Secretary of State’s Bulletin, and make copies of the proposal available to the public. (2) Provide at least 30 days for submission of written comments regarding the proposed action, and, upon written request by 10 or more persons or by a group having 10 or more members, conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding the proposed action. (3) Consider any written or verbal comments before approving the removal or remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order. (4) Upon final approval of the remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, publish notice, as provided under subsection (1) of this section, and make copies of the approved action available to the public. [Formerly 466.575; 2011 c.487 §2]
OR Rev Stat § 465.330 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.330 - State remedial action costs; payment; effect of failure to pay.

(1) The Department of Environmental Quality shall keep a record of the state’s remedial action costs. (2) Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 465.255 or 465.260 to pay the amount of the state’s remedial action costs and, if applicable, punitive damages. (3) If the state’s remedial action costs and punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount owed, plus reasonable legal expenses. (4) All moneys received by the department under this section shall be deposited in the Hazardous Substance Remedial Action Fund established under ORS 465.381 if the moneys received pertain to a removal or remedial action taken at any facility. [Formerly 466.580]
OR Rev Stat § 465.333 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.333 - Recovery of costs of program development, rulemaking and administrative actions as remedial action costs; determination of allocable costs.

Notwithstanding ORS 291.050 to 291.060, the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative actions required by the provisions of ORS 465.315, 465.325 and 465.327. After July 18, 1995, the department may recover such costs by requiring any person liable under ORS 465.255 or 465.260 or any person otherwise undertaking removal or remedial action under the department’s oversight to pay such costs. Each person shall pay that portion of costs under ORS 465.315, 465.325 and 465.327 that the department determines to be allocable to removal or remedial action at the person’s facility, using generally accepted accounting principles and as necessary to be charged per facility to recover the department’s costs of implementing ORS 465.315, 465.325 and 465.327. [1995 c.662 §8]
OR Rev Stat § 465.335 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.

(1) All of the state’s remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260 or 465.900 shall constitute a lien upon any real and personal property owned by the person. (2) At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain: (a) A statement of the demand; (b) The name of the person against whose property the lien attaches; (c) A description of the property charged with the lien sufficient for identification; and (d) A statement of the failure of the person to conduct removal or remedial action and pay penalties and damages as required. (3) The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens. (4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 465.255, 465.260 or 465.900. [Formerly 466.583]
OR Rev Stat § 465.375 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 465 - Hazardous Waste and Hazardous Materials I|Section 465.375 - Monthly fee of operators; amount; use of moneys.

(1) Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a permit issued under ORS 466.005 to 466.385 and 466.992 shall pay a hazardous waste management fee by the 45th day after the last day of each month for all waste brought into the facility during that month for treatment by incinerator or for disposal by landfill at the facility. The operator of the facility shall provide to every person who disposes of waste at the facility a statement showing the amount of the hazardous waste management fee paid by the person to the facility. (2) The hazardous waste management fee under subsection (1) of this section shall be $20 a ton. (3) In addition to the fee required under subsection (2) of this section, $10 per ton shall be included as part of the hazardous waste management fee for waste described in subsection (1) of this section. (4) The additional amounts collected under subsection (3) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to be used to carry out the department’s duties under ORS 466.005 to 466.385 related to the management of hazardous waste. (5) At least 50 percent of the fees collected under subsection (3) of this section shall be used by the department to implement ORS 466.068. [Formerly 466.587; 1991 c.721 §1; 1995 c.552 §1; 2005 c.622 §1]