reglab/housing_qa huggingface dataset:
OR Rev Stat § 468B.320 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.320 - Action by state; liability for state expense; order; appeal.

(1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to collect, remove, treat, contain or disperse oil which enters into the waters of the state. (2) The Director of the Department of Environmental Quality shall keep a record of all necessary expenses incurred in carrying out any action authorized under this section, including a reasonable charge for costs incurred by the state, including state’s equipment and materials utilized. (3) The authority granted under this section shall be limited to actions which are designed to protect the public interest or public property. (4) Any person who fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, shall be responsible for the necessary expenses incurred by the state in carrying out actions authorized by this section. (5) Based on the record compiled by the director pursuant to subsection (2) of this section, the Environmental Quality Commission shall make a finding and enter an order against the person described in subsection (4) of this section for the necessary expenses incurred by the state in carrying out the action authorized by this section. The order may be appealed pursuant to ORS chapter 183 but not as a contested case. [Formerly 449.163 and then 468.800]
OR Rev Stat § 468B.325 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.325 - Director’s right of entry in response to spill or release of oil or hazardous material; state liability for damages.

(1) The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises, ship or place for the purpose of investigating, controlling, collecting, removing, treating, containing or dispersing a spill or release or threatened spill or release of oil or hazardous material. (2) The director may enter upon a ship under this section based on a threatened spill or release of oil or hazardous material only if the director has documented facts supporting the director’s belief that the ship represents a threat for the spill or release of oil or hazardous material. (3) Damages, other than those caused by the spill or release or threatened spill or release of oil or hazardous material, suffered from the actions of the director pursuant to subsection (1) of this section are the responsibility of the state. [Formerly 468.802; 2013 c.680 §21]
OR Rev Stat § 468B.330 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.330 - Action to collect costs.

(1) If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time provided in subsection (2) of this section, the Attorney General, upon the request of the Director of the Department of Environmental Quality, 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 commission. (2) Payment must be made within 15 days after the end of the appeal period or, if an appeal is filed, within 15 days after the court renders its decision if the decision affirms the order. [Formerly 449.165 and then 468.805]
OR Rev Stat § 468B.335 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.335 - Effect of federal regulations of oil spillage.

Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement or prohibition is in conflict with any applicable federal law or regulation. [Formerly 449.175 and then 468.815]
OR Rev Stat § 468B.337 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.337 - Liquefied natural gas.

The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state or while the gas is at a facility that receives liquefied natural gas from a vessel. [2007 c.157 §5]
OR Rev Stat § 468B.340 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.340 - Legislative findings and intent.

(1) The Legislative Assembly finds that: (a) Oil spills present a serious danger to the fragile natural environment of the state. (b) Commercial vessel activity on the navigable waters of the state is vital to the economic interests of the people of the state. (c) Recent studies conducted in the wake of disastrous oil spills have identified the following problems in the transport and storage of oil: (A) Gaps in regulatory oversight; (B) Incomplete cost recovery by states; (C) Despite research in spill cleanup technology, it is unlikely that a large percentage of oil can be recovered from a catastrophic spill; (D) Because response efforts cannot effectively reduce the impact of oil spills, prevention is the most effective approach to oil spill management; and (E) Comprehensive oil spill prevention demands participation by industry, citizens, environmental organizations and local, state, federal and international governments. (2) Therefore, the Legislative Assembly declares it is the intent of ORS 468B.345 to 468B.415 to establish a program to promote: (a) The prevention of oil spills especially on the large, navigable waters of the Columbia River, the Willamette River and the Oregon coast; (b) The prevention of oil spills along high hazard train routes; (c) Oil spill response preparedness, including the identification of actions and content required for an effective contingency plan; (d) A consistent west coast approach to oil spill prevention and response; (e) The establishment, coordination and duties of safety committees as provided in ORS 468B.415; and (f) To the maximum extent possible, coordination of state programs with the programs and regulations of the United States Coast Guard and adjacent states. [1991 c.651 §2; 2019 c.581 §3]
OR Rev Stat § 468B.345 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.345 - Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions.

(1) Unless an oil spill prevention and emergency response plan has been approved by the Department of Environmental Quality and has been properly implemented, no person shall: (a) Cause or permit the operation of an onshore facility in the state; (b) Cause or permit the operation of an offshore facility in the state; or (c) Cause or permit the operation of a covered vessel within the navigable waters of the state. (2) It is not a defense to an action brought for a violation of subsection (1) of this section that the person charged believed that a current contingency plan had been approved by the department. (3) A contingency plan shall be renewed at least once every five years. (4) This section shall not apply to the operation of a cargo or passenger vessel on Yaquina Bay or on the navigable waters of the state in the Pacific Ocean used by cargo or passenger vessels entering or leaving Yaquina Bay until January 1, 1998. [1991 c.651 §4; 1995 c.535 §2]
OR Rev Stat § 468B.360 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.360 - Review of contingency plan.

In reviewing the contingency plan required by ORS 468B.345, the Department of Environmental Quality shall consider at least the following factors: (1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call-down lists, response time and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment; (2) The nature and amount of vessel traffic within the area covered by the plan; (3) The volume and type of oil being transported within the area covered by the plan; (4) The existence of navigational hazards within the area covered by the plan; (5) The history and circumstances surrounding prior spills of oil within the area covered by the plan; (6) The sensitivity of fisheries and wildlife and other natural resources within the area covered by the plan; (7) Relevant information on previous spills contained in on-scene coordinator reports covered by the plan; (8) The extent to which reasonable, cost-effective measures to reduce the likelihood that a spill will occur have been incorporated into the plan; (9) The number of covered vessels calling in and the facilities located in the geographic area and the resulting ability of local agencies and industry groups to develop, finance and maintain a contingency plan and spill response system for those vessels and facilities; and (10) The spill response equipment and resources available to a person providing a contingency plan for cargo and passenger vessels under contingency plans filed by the person under state or federal law for other covered vessels or facilities owned or operated by that person. [1991 c.651 §7; 1995 c.535 §4]
OR Rev Stat § 468B.370 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.370 - Determination of adequacy of plan; practice drills; rules.

(1)(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365. (b) The rules shall require random practice drills without prior notice to test the adequacy of the responding entities. The rules may provide for unannounced practice drills of an individual contingency plan. (c) The rules may require the contingency plan holder to publish a report on the drills. This report shall include an assessment of response time and available equipment and personnel compared to those listed in the contingency plan relying on the responding entities and requirements, if any, for changes in the plans or their implementation. The Department of Environmental Quality shall review the report and assess the adequacy of the drill. (d) The department may require additional drills and changes in arrangements for implementing the approved plan that are necessary to insure the effective implementation of the plan. (2) The Environmental Quality Commission by rule may require any tank vessel carrying oil as cargo in the navigable waters of the state to: (a) Place booms, in-water sensors or other detection equipment around tank vessels during transfers of oil; and (b) Submit to the department evidence of a structural and mechanical integrity inspection of the tank vessel equipment and hull structures. (3) A tank vessel that is conducting, or is available only for conducting, oil discharge response operations is exempt from the requirements of subsection (1) of this section if the tank vessel has received prior approval of the department. The department may approve exemptions under this subsection upon application and presentation of information required by the department. [1991 c.651 §9; 2001 c.688 §3]
OR Rev Stat § 468B.375 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.375 - Inspection of facilities and vessels; coordination with State of Washington.

(1) In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at reasonable times and in a safe manner enter and inspect facilities and tank vessels in order to insure compliance with the provisions of ORS 468B.345 to 468B.415. (2) The department shall coordinate with the State of Washington in the review of the tank vessel structural integrity inspection programs conducted by the United States Coast Guard and other federal agencies to determine whether the programs as actually operated by the federal agencies adequately protect the navigable waters of the state. If the department determines that tank vessel inspection programs conducted by the federal agencies are not adequate to protect the navigable waters of the state, the department shall establish a state tank vessel inspection program. [1991 c.651 §10]
OR Rev Stat § 468B.380 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.380 - Tank vessel inspection program; rules.

If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt rules necessary to enable the department to implement the state tank vessel inspection program. [1991 c.651 §11]
OR Rev Stat § 468B.385 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.385 - Modification of approval of contingency plan; revocation of approval; violation.

(1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan required under ORS 468B.345 if the department determines that a change has occurred in the operation of the facility or tank vessel necessitating an amended or supplemental plan, or that the operator’s discharge experience demonstrates a necessity for modification. (2) The department, after notice and opportunity for hearing, may revoke its approval of a contingency plan if the department determines that: (a) Approval was obtained by fraud or misrepresentation; (b) The operator does not have access to the quality or quantity of resources identified in the plan; (c) A term or condition of approval or modification has been violated; or (d) The plan holder is not in compliance with the plan and the deficiency materially affects the plan holder’s response capability. (3) Failure of a holder of an approved or modified contingency plan to comply with the plan or to have access to the quality or quantity of resources identified in the plan or to respond with those resources within the shortest possible time in the event of a spill is a violation of ORS 468B.345 to 468B.415 for purposes of ORS 466.992, 468.140, 468.943 and any other applicable law. (4) If the holder of an approved or modified contingency plan fails to respond to and conduct cleanup operations of an unpermitted discharge of oil with the quality and quantity of resources identified in the plan and in a manner required under the plan, the holder is strictly liable, jointly and severally, for the civil penalty assessed under ORS 466.992 and 468.140. (5) In order to be considered in compliance with a contingency plan, the plan holder must: (a) Establish and carry out procedures identified in the plan as being the responsibility of the holder of the plan; (b) Have access to and have on hand the quantity and quality of equipment, personnel and other resources identified as being accessible or on hand in the plan; (c) Fulfill the assurances espoused in the plan in the manner described in the plan; (d) Comply with terms and conditions attached to the plan by the department under ORS 468B.345 to 468B.380; and (e) Successfully demonstrate the ability to carry out the plan when required by the department under ORS 468B.370. [1991 c.651 §12; 1993 c.422 §34; 2019 c.581 §12]
OR Rev Stat § 468B.390 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.390 - Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility.

(1) No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380), if such compliance is required by federal law. (2) No person may cause or permit the operation of an offshore exploration or production facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380). (3) Except for a barge that does not carry oil as cargo or fuel or a spill response vessel or barge, the owner of any vessel over 300 gross tons in the waters of this state shall have proof of financial responsibility for the following vessels: (a) For tank vessels over 300 gross tons: (A) $1,200 per gross ton or $2 million for vessels of 3,000 gross tons or less, whichever is greater; and (B) $1,200 per gross ton or $10 million for vessels over 3,000 gross tons, whichever is greater; or (b) For any other covered vessel over 300 gross tons carrying oil only for use as fuel, $600 per gross ton or $500,000, whichever is greater. (4) The Department of Environmental Quality shall enter into an agreement with the United States Coast Guard to receive notification of noncompliance with the provisions of this section. (5) The financial assurance requirement established under subsection (3) of this section shall meet the liability to the state for: (a) Actual costs for removal of spilled oil; (b) Civil penalties and fines imposed in connection with oil spills; and (c) Natural resource damage. [1991 c.651 §13; 2001 c.688 §4]
OR Rev Stat § 468B.395 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.395 - Department duties.

The Department of Environmental Quality shall: (1) In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket and market values in assessing damages resulting from oil discharges; (2) Work with other potentially affected states to develop a joint oil discharge prevention education program for operators of fishing vessels, ferries, ports, cruise ships and marinas; (3) Review the adequacy of and make recommendations for improvements in equipment, operating procedures and the appropriateness of west coast locations for transfer of oil; (4) In cooperation with industry and the United States Coast Guard, develop local programs to provide oil discharge response training to fishing boat operators and marinas; (5) Act as the state agency responsible for the overall management of the environmental cleanup of oil or hazardous material spills or releases, which shall include: (a) Adoption of an incident command system to enhance the department’s ability to manage responses to a major oil or hazardous material spill or release; and (b) Appointment of a state on-scene coordinator for any major incident involving an oil or hazardous material spill or release or threatened spill or release; (6) Coordinate oil spill research with other west coast states and develop a framework for information sharing and combined funding of research projects; (7) Annually review and revise the interagency response plan for oil and hazardous material spills or releases in navigable waters of the state developed under ORS 468B.495 and 468B.500; (8) On the Oregon coast, assist affected local agencies and industry groups to complete an inventory of existing plans and resources and to identify or establish an organization to coordinate oil spill contingency planning as part of the alternative schedule adopted for the Oregon coast described in ORS 468B.355 (1); (9) Where adequate resources do not exist to prevent, contain, clean up and mitigate oil spills or threatened spills, assist local agencies and industry groups to secure necessary funds and equipment; and (10) In its annual review and revision of the plan developed under ORS 468B.495 and 468B.500: (a) Consult with all affected local, state and federal agencies, municipal and community officials and representatives of industry; (b) Provide training in the use of the plan; and (c) Conduct spill exercises to test the adequacy of the plan. [1991 c.651 §14; 2001 c.688 §5]
OR Rev Stat § 468B.400 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.400 - Wildlife rescue training program.

The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall: (1) Work with agencies responsible for wildlife protection in other west coast states; (2) Rely upon the oil wildlife rehabilitation plan developed under ORS 468B.495; and (3) Take such action as is required for reimbursement in accordance with the provisions of the federal Oil Pollution Act of 1990 (P.L. 101-380). [1991 c.651 §15]
OR Rev Stat § 468B.405 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.405 - Fees; disposition.

(1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.400: (a) Cargo and passenger vessels, $220 per trip. (b) Nonself-propelled tank vessels: (A) Having a capacity of fewer than 25,000 barrels, $160 per trip. (B) Having a capacity of 25,000 to 99,999 barrels, $220 per trip. (C) Having a capacity of 100,000 or more barrels, $1,850 per trip. (c) Self-propelled tank vessels of 300 gross tons or less, $160 per trip. (d) Self-propelled tank vessels over 300 gross tons, $5,500 per trip. (e) Offshore and onshore facilities that are not pipelines, $20,000 per year. (f) Pipelines with a diameter of six inches or less, $15,000 per year. (g) Pipelines with a diameter greater than six inches, $25,000 per year. (h) Dredge vessels, $100 per day when operating in the navigable waters of the state. (2) Moneys collected under this section shall be deposited in the State Treasury to the credit of the Oil Spill Prevention Fund established under ORS 468B.410. (3) As used in this section, "trip" means travel to the appointed destination and return travel to the point of origin within the navigable waters of this state. For the purpose of assessing trip fees under this section, self-propelled tank vessels transiting the navigable waters of this state in ballast shall be considered cargo vessels. [1991 c.651 §17; 2001 c.688 §6; 2003 c.738 §2; 2007 c.157 §1; 2015 c.663 §1; 2019 c.540 §1]