reglab/housing_qa huggingface dataset:
OR Rev Stat § 466.820 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.820 - Reimbursement to department; procedure for collection; treble damages.

(1) The owner and the permittee of an underground storage tank found to be in violation of any provision of ORS 466.706 to 466.882 and 466.994, shall reimburse the Department of Environmental Quality for all costs reasonably incurred by the department, excluding administrative costs, in the investigation of a leak from an underground storage tank. Department costs may include investigation, design engineering, inspection and legal costs necessary to correct the leak. (2) Payment of costs to the department under subsection (1) of this section shall be made to the department within 15 days after the end of the appeal period or, if an appeal is filed, within 15 days after the court or the Environmental Quality Commission renders its decision, if the decision affirms the order. (3) If such costs are not paid by the owner or the permittee of the underground storage tank to the department within the time provided in subsection (2) of this section, the Attorney General, upon the request of the director, shall bring action in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of any other county in which the violation may have taken place to recover the amount specified in the order of the department. (4) In addition to any other penalty provided by law, if any person is found in violation of any provision of ORS 465.200, 466.706 to 466.882, 466.994 and 478.308, the commission or the court may award damages in the amount equal to three times the amount of all expenses incurred by the department in investigating the violation. (5) Moneys reimbursed shall be deposited to the State Treasury to the credit of an account of the department and are continuously appropriated to the department for the purposes of administering ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §34 (enacted in lieu of 468.914)]
OR Rev Stat § 466.825 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.825 - Strict liability of owner or permittee.

The owner and permittee of an underground storage tank found to be the source of a release shall be strictly liable to any owner or permittee of a nonleaking underground storage tank in the vicinity, for all costs reasonably incurred by such nonleaking underground storage tank owner or permittee in determining which tank was the source of the release. [1987 c.539 §35]
OR Rev Stat § 466.830 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.830 - Halting tank operation upon clear and immediate danger.

(1) Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or observation of an identified release, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare, safety or the environment exists from the continued operation of an underground storage tank, the department may, without hearing or prior notice, order the operation of the underground storage tank or site halted by service of an order on the owner or permittee of the underground storage tank or site. (2) Within 24 hours after the order is served under subsection (1) of this section, the department shall appear in the appropriate circuit court to petition for the equitable relief required to protect the public health, safety, welfare or the environment. [1987 c.539 §36]
OR Rev Stat § 466.835 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.835 - Compliance and correction costs as lien; enforcement.

(1) All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person. (2) The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1) of 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 subsection (1) of this section with the Secretary of State. The lien shall attach and become enforceable on the date of the 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 compliance and corrective actions as required. (3) A 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 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 a person is liable under the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §37]
OR Rev Stat § 466.837 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.837 - Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules.

(1) Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality shall form an advisory committee to assist the commission in the development of the program. (2) Permittee participation in the program is voluntary. Participants shall agree to accept the penalty assessed under the program as the final order by the Department of Environmental Quality and shall agree to waive any right to an appeal or any other judicial review of the department’s determination of a violation or assessment of a fine. (3) A penalty assessed under this program may not be less than $50 or greater than $500 per individual violation. Penalties imposed in the aggregate may not be more than $1,500 per facility per inspection date. (4) 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 for the purposes of providing support to the program, technical assistance or operator training or meeting other needs of the department. [2001 c.754 §13; 2007 c.479 §2]
OR Rev Stat § 466.840 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.840 - Legislative findings.

The Legislative Assembly finds that: (1) The upgrading of underground storage tanks and the improving of such tanks and associated equipment are necessary to protect the public health and safety and the environment. (2) The costs of upgrading leaking underground storage tanks, purchasing improved equipment and cleaning up the contamination caused by leaking underground storage tanks, including the costs of disposal, remediation or other treatment of soil contaminated as a result of leaking underground storage tanks, exceed the financial capacity of many owners and operators of underground storage tanks. (3) The availability of motor vehicle fuel is necessary to create and retain employment and to encourage tourism in Oregon. (4) It is the intent and policy of the Legislative Assembly to: (a) Insure the funding and support of remedial action and replacement of leaking underground storage tanks and associated equipment, while allowing the owners and operators to continue to operate their businesses in Oregon; and (b) In order to insure such funding and support, prevent a local unit of government from imposing taxes, fees or surcharges on soil generated as a result of remedial action or replacement of leaking underground storage tanks. [1993 c.661 §2]
OR Rev Stat § 466.845 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.845 - Commission authority to accept and expend moneys received for financial assistance programs.

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out financial assistance programs for owners and operators of storage tanks containing motor vehicle fuel. (2) All moneys and the proceeds of all moneys received by the Environmental Quality Commission under this section shall be deposited in the Underground Storage Tank Compliance and Corrective Action Fund to be used for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1993 c.661 §3]
OR Rev Stat § 466.858 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.858 - Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action.

(1) The Environmental Quality Commission shall adopt a heating oil tank program to regulate the decommissioning of heating oil tanks and the corrective action of soil contamination resulting from the release of oil from heating oil tanks. (2) The program adopted under subsection (1) of this section shall include: (a) A procedure to license persons who demonstrate, to the satisfaction of the Department of Environmental Quality, the ability to provide heating oil tank services. (b) An educational pamphlet on the proper procedure to decommission heating oil tanks. (c) A certification program that allows the department to certify the voluntary decommissioning of heating oil tanks or to approve a corrective action that is certified to be complete by a person licensed under ORS 466.868 to perform such corrective action. [1999 c.979 §2]
OR Rev Stat § 466.862 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.862 - License required to provide heating oil tank services.

No person shall perform or offer to perform heating oil tank services without first obtaining the license required under ORS 466.868. [1999 c.979 §3]
OR Rev Stat § 466.868 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.868 - Licensing requirements; annual fee; registry of licensees; revocation of license.

(1) In order to obtain a license under the program established pursuant to ORS 466.858, a person shall provide to the Department of Environmental Quality: (a) A certificate of insurance in an amount adequate to pay for any additional corrective action necessary as a result of an improper or inadequate decommissioning or corrective action approved by the department. (b) A summary of all projects completed since the applicant last applied for a license, including the costs of those projects. (c) For each individual license, a demonstration of ability, which may consist of written or field examinations. (d) Any other information deemed necessary by the department. (e) An annual license fee. The fee shall be: (A) $1,000 for the business, including but not limited to corporations, limited partnerships and sole proprietorships, engaged in the performance of heating oil tank services; and (B) $100 for each individual employed by the business and charged with the supervisory responsibility to direct and oversee the performance of tank services at a facility. (2) The department shall maintain a registry of all persons licensed under this section, including a summary of the project information required in the application. (3) In accordance with ORS chapter 183, the department may revoke a license of any person offering heating oil tank services who commits fraud or deceit in obtaining a license or who demonstrates negligence or incompetence in performing the heating oil tank services. [1999 c.979 §4; 2019 c.457 §§1,2]
OR Rev Stat § 466.872 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.872 - Certification of voluntary decommissioning or approval of corrective action; fee.

(1) In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include: (a) A process for conducting inspections of sites where a heating oil tank has been decommissioned or where a heating oil tank service provider certifies corrective action is complete; (b) The specific information that a person must submit to certify that corrective action is complete; (c) Provisions that allow the department to reject certification and require additional corrective action prior to approval by the department that the certification is complete and complies with the standard set forth in ORS 465.315; and (d) Provisions to require additional information about a decommissioning before certifying the decommissioning. (2) Any person requesting certification of a heating oil tank decommissioning under subsection (1) of this section shall file a request with the department accompanied by a filing fee of $100. (3) Any person requesting certification of a heating oil tank corrective action under subsection (1) of this section shall file a request with the department accompanied by a filing fee of: (a) $250 for a simple corrective action. (b) $350 for an intermediate corrective action. (c) $450 for a complex corrective action. [1999 c.979 §6; 2001 c.755 §1; 2007 c.85 §1; 2019 c.457 §4]
OR Rev Stat § 466.878 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.878 - Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank.

(1) When the use of an underground heating oil tank is terminated because the tank is replaced or an oil-heated building or residence is converted to a different primary source of heat: (a) The property owner shall ensure that the underground heating oil tank has been emptied of oil, which shall be appropriately managed. (b) The vent line shall be left in place if the tank is not decommissioned. (c) The person installing the new heating equipment shall advise the property owner that it is illegal to disconnect a heating oil tank without pumping out the tank and that there are practices recommended by the Department of Environmental Quality for decommissioning a heating oil tank. (2) When real property is sold, the seller shall ensure that any abandoned heating oil tank that is known to be on the property has been emptied of oil, which shall be appropriately managed, and the seller shall provide to the buyer documentation showing that the tank has been emptied. [1999 c.880 §6]
OR Rev Stat § 466.880 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.880

[Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 466.990 in 1997]
OR Rev Stat § 466.882 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.882 - Rules.

The Environmental Quality Commission shall adopt rules necessary to carry out ORS 466.858 to 466.878. The rules shall include but need not be limited to: (1) A voluntary process for certifying the decommissioning of an abandoned underground heating oil tank; (2) Information required to be submitted by a licensed heating oil tank service provider or homeowner to allow the Department of Environmental Quality to approve a heating oil tank corrective action; (3) Rules defining simple, intermediate and complex corrective actions; (4) Requirements for the approval of decommissioning; (5) Standards to define adequate tank decommissioning; and (6) Requirements for the approval by the Department of Environmental Quality of decommissioning of underground heating oil tanks that were decommissioned before August 17, 1999. [1999 c.979 §7; 1999 c.979 §16; 2019 c.457 §5]
OR Rev Stat § 466.890 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.890

[1985 c.685 §2; renumbered 466.992 in 1997]
OR Rev Stat § 466.895 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.895

[1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36; renumbered 466.994 in 1997]
OR Rev Stat § 466.900 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.900

[1987 c.735 §23; renumbered 465.900 in 1989]
OR Rev Stat § 466.901 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.901 - Definitions for ORS 466.901 to 466.915.

As used in ORS 466.901 to 466.915: (1) "Commission" means the Environmental Quality Commission. (2) "Corrective action" means remedial action taken to protect the present or future public health, safety or welfare or the environment from a release of aircraft or marine fuel. "Corrective action" includes but is not limited to: (a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of released aircraft or marine fuel; or (b) Transportation, storage, treatment or disposal of aircraft or marine fuel or contaminated material from a site. (3) "Department" means the Department of Environmental Quality. (4) "Facility" means any one or combination of fuel tanks and pipes connected to the tanks, used to contain an accumulation of aircraft or marine fuel including gasoline or diesel oil, that are located at one contiguous geographical site. (5) "Fuel tank" means an underground storage tank, as defined in ORS 466.706, used to contain an accumulation of aircraft or marine fuel. (6) "Investigation" means monitoring, surveying, testing or other information gathering. (7) "Owner" means the owner of a fuel tank. (8) "Port" has the meaning given that term in ORS 777.005. "Port" includes an airport, as defined in ORS 836.005, that is owned by a port. (9) "Release" means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of aircraft or marine fuel from a fuel tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law. (10) "Stage I vapor collection system" means a system where fuel vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the fuel being loaded. (11) "Stage II vapor collection system" means a system where at least 90 percent, by weight, of the fuel vapors that are displaced or drawn from a fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system. (12) "Waters of the state" has the meaning given that term in ORS 468B.005. [1997 c.788 §1] Note: 466.901 to 466.920 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 466 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 466.905 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.905 - Eligibility for financial assistance; amount of grants.

(1) Any port that owns or is responsible for a fuel tank holding an accumulation of aircraft or marine fuel for resale may be eligible for the financial assistance program established pursuant to this section and ORS 466.903. The financial assistance may be used to upgrade or replace a fuel tank, conduct corrective action or install stage I and II vapor collection system underground piping, hoses and nozzles at a fuel tank facility in conformity with applicable state and federal fuel tank, air quality and corrective action rules. If the port owns or is responsible for more than one fuel tank facility, the port is eligible for all applicable financial assistance for each facility. (2) Any port owning or responsible for 12 or fewer tanks, and meeting the criteria in subsection (3) of this section, may be eligible for a fuel tank essential services grant. The grant may be for an amount of 75 percent of eligible project costs but shall not exceed $75,000. (3) An applicant for a fuel tank essential services grant also shall be the sole supplier of aircraft or marine fuel for the port. [1997 c.788 §3] Note: See note under 466.901.
OR Rev Stat § 466.907 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.907 - Rules.

The Environmental Quality Commission may adopt rules to implement the financial assistance program established by ORS 466.903 and 466.905. However, to the maximum extent possible, the Department of Environmental Quality shall rely on existing rules adopted by the commission to carry out other programs providing financial assistance to owners or operators of underground storage tank facilities. [1997 c.788 §4] Note: See note under 466.901.
OR Rev Stat § 466.910 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 466 - Hazardous Waste and Hazardous Materials II|Section 466.910 - Sources of funds; disposition.

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out the financial assistance program established by ORS 466.903 and 466.905. (2) All moneys and the proceeds of all moneys received by the commission under this section shall be deposited in the Fuel Tank Compliance and Corrective Action Fund to be used for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1997 c.788 §5] Note: See note under 466.901.