reglab/housing_qa huggingface dataset:
OR Rev Stat § 468B.184 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.184 - Designation of lead agency for development of action plan; contents of action plan.

(1) After a ground water management area is declared, the Department of Environmental Quality shall designate a lead agency responsible for developing an action plan and request other agencies to assume appropriate responsibilities for preparation of a draft action plan within 90 days after the declaration. The agencies shall develop an action plan to reduce existing contamination and to prevent further contamination of the affected ground water aquifer. The action plan shall include, but need not be limited to: (a) Identification of practices that may be contributing to the contamination of ground water in the area; (b) Consideration of all reasonable alternatives for reducing the contamination of the ground water to a level below that level requiring the declaration of a ground water management area; (c) Recommendations of mandatory actions that, when implemented, will reduce the contamination to a level below that level requiring the declaration of ground water management area; (d) A proposed time schedule for: (A) Implementing the lead agency’s recommendations; (B) Achieving estimated reductions in concentrations of the ground water contaminants; and (C) Public review of the action plan; (e) Any applicable provisions of a local action plan developed for the area under a declaration of an area of ground water concern; and (f) Required amendments of affected city or county comprehensive plans and land use regulations in accordance with the schedule and requirements of periodic review set forth in ORS chapter 197 to address the identified ground water protection and management concerns. (2) If a ground water management area is located on agricultural lands or in an area designated as an exclusive farm use zone under ORS 215.203, the State Department of Agriculture shall be responsible for developing the portion of the action plan that addresses farming practices as defined in ORS 30.930. [Formerly 536.157] Note: See note under 468B.150.
OR Rev Stat § 468B.185 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.185

[Formerly 468.699; 1995 c.690 §8; renumbered 468B.190 in 1995]
OR Rev Stat § 468B.186 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.186 - Comment on plan; final plan.

(1) After completion and distribution of the draft action plan under ORS 468B.184, the lead agency shall provide a 60-day period of public comment on the draft action plan and the manner by which members of the public may review the plan or obtain copies of the plan. A notice of the comment period shall be published in two issues of one or more newspapers having general circulation in the counties in which the designated area of the ground water emergency is located, and in two issues of one or more newspapers having general circulation in the state. (2) Within 60 days after the close of the public comment period, the lead agency shall complete a final action plan. All suggestions and information provided to the lead agency during the public comment period shall be considered by the lead agency and when appropriate shall be acknowledged in the final action plan. [Formerly 536.161] Note: See note under 468B.150.
OR Rev Stat § 468B.187 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.187 - Acceptance or rejection of action plan; rules.

(1) The Department of Environmental Quality shall, within 30 days after completion of the final action plan, accept the final action plan or remand the plan to the lead agency for revision in accordance with recommendations of the department and other agencies participating in development of the plan. If the plan is remanded for revision, the lead agency shall return the revised final action plan to the department within 30 days. (2) Within 120 days after the department accepts the final action plan, each agency of the group that is responsible for implementing all or part of the plan shall adopt rules necessary to carry out the agency’s duties under the action plan. If two or more agencies are required to initiate rulemaking proceedings under this section, the agencies shall consult with one another to coordinate the rules. The agencies may consolidate the rulemaking proceedings. [Formerly 536.165] Note: See note under 468B.150.
OR Rev Stat § 468B.188 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.188 - Repeal of declaration of ground water management area.

(1) If, after implementation of the action plan developed by affected agencies under ORS 468B.184 to 468B.187, the ground water improves so that the levels of contaminants no longer exceed the levels established under ORS 468B.180, the Department of Environmental Quality shall determine whether to repeal the ground water management area declaration and to establish an area of ground water concern. (2) Before the declaration of a ground water management area is repealed under subsection (1) of this section, the Department of Environmental Quality must find that, according to the best information available, a new or revised local action plan exists that will continue to improve the ground water in the area and that the Department of Environmental Quality finds can be implemented at the local level without the necessity of state enforcement authority. (3) Before the Department of Environmental Quality terminates any mandatory controls imposed under the action plan created under ORS 468B.184 to 468B.187, the ground water management committee must produce a local action plan that includes provisions necessary to improve ground water in the area and that the department finds can be implemented at the local level without the necessity of state enforcement authority. [Formerly 536.169] Note: See note under 468B.150.
OR Rev Stat § 468B.190 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.190 - Ground water monitoring and assessment.

(1) In cooperation with the Water Resources Department, the Department of Environmental Quality and the Oregon State University Agricultural Experiment Station shall conduct an ongoing statewide monitoring and assessment program of the quality of the ground water resource of this state. The program shall be designed to identify: (a) Areas of the state that are especially vulnerable to ground water contamination; (b) Long-term trends in ground water quality; (c) Ambient quality of the ground water resource of Oregon; and (d) Any emerging ground water quality problems. (2) The Oregon State University Agricultural Experiment Station shall forward copies of all information acquired from the statewide monitoring and assessment program conducted under this section to the Department of Environmental Quality for inclusion in the central repository of information about Oregon’s ground water resource established pursuant to ORS 468B.167. [Formerly 468B.185]
OR Rev Stat § 468B.195 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.195 - Underground injection control program of federal Safe Drinking Water Act; rules; fees.

(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary for the implementation within this state of the underground injection control program of the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as in effect on June 4, 2007, and federal regulations or guidelines issued pursuant to the Safe Drinking Water Act. The commission may adopt all rules necessary for the administration and implementation of this subsection. (2) The commission by rule may establish a schedule of fees for the subsurface injection of fluids. Fees established under this section are in addition to fees imposed pursuant to ORS 468.065 for permits issued pursuant to ORS 468B.050. (3) Any fees received under subsection (2) of this section shall be deposited in the State Treasury to the credit of the Subsurface Injection Fluids Account established under ORS 468B.197. [2007 c.297 §2]
OR Rev Stat § 468B.196 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.196 - Fees.

(1) The Department of Environmental Quality shall collect the following fees for the subsurface injection of fluids, covered by rules adopted by the Environmental Quality Commission under ORS 468B.195, on the first day of the calendar month following June 4, 2007, and ending on the first day of the calendar month following the effective date of rules adopted by the Environmental Quality Commission under ORS 468B.195 setting fees for the subsurface injection of fluids: (a) For the subsurface injection of fluids from a common roof drain determined to be an environmental risk to groundwater, $100 for each subsurface injection well. (b) For the subsurface injection of fluids from a commercial facility, an industrial facility or a facility owned by a public body as defined in ORS 174.109 that injects fluids into fewer than 50 wells, that does not store, handle or use hazardous materials and that generates fewer than 1,000 vehicle trips per day, $125 for each subsurface injection well. (c) For a subsurface injection well receiving high temperature water from a geothermal facility, $10,000 for the first year and $200 for each subsequent year. (d) For any subsurface injection well not described in paragraphs (a) to (c) of this subsection, $300 for each subsurface injection well for the first year and $100 for each subsequent year. (e) For decommissioning a subsurface injection well used for the subsurface injection of fluids, $100. (2) Any fees received under subsection (1) of this section shall be deposited in the State Treasury to the credit of the Subsurface Injection Fluids Account. [2007 c.297 §3]
OR Rev Stat § 468B.197 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.197 - Subsurface Injection Fluids Account; establishment; interest; uses.

The Subsurface Injection Fluids Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the administrative expenses of the underground injection control program implemented under ORS 468B.195. [2007 c.297 §4]
OR Rev Stat § 468B.200 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.200 - Legislative findings.

The Legislative Assembly declares that it is the policy of the State of Oregon to protect the quality of the waters of this state by preventing animal wastes from discharging into the waters of the state. [Formerly 468.686]
OR Rev Stat § 468B.203 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.203 - Applicability of 468B.200 to 468B.230.

The provisions of ORS 468B.200 to 468B.230 apply to animal feeding operations regulated under 33 U.S.C. 1342 only to the extent that the operation of the provisions of ORS 468B.200 to 468B.230 is consistent with federal law, regulations or guidelines issued pursuant to the Federal Water Pollution Control Act, P.L. 92-500, as amended. [2001 c.248 §6]
OR Rev Stat § 468B.205 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.205 - Definition of confined animal feeding operation; rules.

(1) As used in ORS 468B.200 to 468B.230, "confined animal feeding operation" has the meaning given that term in rules adopted by the State Department of Agriculture or the Department of Environmental Quality. The definition must distinguish between various categories of animal feeding operations, including but not limited to those animal feeding operations that are subject to regulation under 33 U.S.C. 1342. (2) A rule implementing ORS 468B.200 to 468B.230 may not be adopted using the procedures provided in ORS 183.337 for agency adoption of federal rules. [Formerly 468.687; 2001 c.248 §7]
OR Rev Stat § 468B.210 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.210 - Maximum number of animals per facility; determination.

(1) All permits for confined animal feeding operations issued under ORS 468B.050 shall specify the maximum number of animals that may be housed at the facility. (2) The maximum number of animals specified in a permit shall be determined for each facility on the basis of the capacity of the particular confined animal feeding operation to contain, treat, hold and dispose of wastes as necessary to comply with all conditions of the permit. (3) Any confined animal feeding operation that exceeds by more than 10 percent or 25 animals, whichever is greater, the maximum number of animals specified in its permit shall be considered in violation of the permit and the owner or operator shall be subject to enforcement action under ORS 468.140 or 468.943. [Formerly 468.688; 1993 c.422 §33]
OR Rev Stat § 468B.215 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.215 - Fees; permit conditions; review.

(1) Any person operating a confined animal feeding operation or concentrated animal feeding operation under an NPDES or WPCF permit shall annually pay a fee for a confined animal feeding operation permit or concentrated animal feeding operation permit as provided by State Department of Agriculture rules adopted under ORS 561.255. As used in this subsection, "NPDES" and "WPCF" have the meanings given those terms in ORS 561.255. (2) Except for an animal feeding operation subject to regulation under 33 U.S.C. 1342, a fee shall not be assessed to nor a permit required under ORS 468B.050 (1)(d) of confined animal feeding operations of four months or less duration or that do not have waste water control facilities. A confined animal feeding operation of four months or less duration or that does not have waste water control facilities is subject to all requirements of ORS chapters 468, 468A and 468B if found to be discharging wastes into the waters of the state. (3) The Department of Environmental Quality or the State Department of Agriculture may impose on the permit required for a confined animal feeding operation only those conditions necessary to ensure that wastes are disposed of in a manner that does not cause pollution of the surface and ground waters of the state. (4) A permit for a confined animal feeding operation may be revoked or modified by the Department of Environmental Quality or the State Department of Agriculture or may be terminated upon request by the permit holder. An animal feeding operation may be inspected for compliance with water quality laws and regulations by the Department of Environmental Quality or the State Department of Agriculture. [Formerly 468.689; 2001 c.248 §8; 2019 c.388 §1]
OR Rev Stat § 468B.217 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.217 - Memorandum of understanding with Department of Agriculture.

(1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to operate a program for the prevention and control of water pollution from a confined animal feeding operation. (2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture: (a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the control and prevention of water pollution from a confined animal feeding operation. (b) May enter onto and inspect, at any reasonable time, a confined animal feeding operation or appurtenant land for the purpose of investigating a source of water pollution or to ascertain compliance with a statute, rule, standard or permit condition relating to the control or prevention of water pollution from the operation. The State Department of Agriculture shall have access to a pertinent record of a confined animal feeding operation including but not limited to a blueprint, design drawing and specification, maintenance record or log, or an operating rule, procedure or plan. [1993 c.567 §2; 2003 c.14 §304]
OR Rev Stat § 468B.220 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.220 - Civil penalty for violation of permit requirement.

Any owner or operator of a confined animal feeding operation who has not applied for or does not have a permit required by ORS 468B.050 shall be assessed a civil penalty of $500 in addition to other penalties that the Director of the Department of Environmental Quality may assess. [Formerly 468.690]
OR Rev Stat § 468B.225 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.225 - Prerequisite for investigation; written complaint; security deposit.

(1) Prior to conducting an investigation of an animal feeding operation under ORS 468B.217 on the basis of a complaint, the State Department of Agriculture shall: (a)(A) Require the person making the complaint to specify the complaint in writing; or (B) Make a detailed written record of the complaint; and (b) Determine which provision of ORS chapter 468 or 468B, which rule adopted under ORS chapter 468 or 468B or which permit issued under ORS chapter 468 or 468B the operator of the animal feeding operation may have violated. (2) If, upon investigation under ORS 468B.217 on the basis of a complaint received under subsection (1) of this section, the State Department of Agriculture determines that an animal feeding operation has not violated a provision of ORS chapter 468 or 468B, a rule adopted under ORS chapter 468 or 468B or the conditions of a permit issued under ORS chapter 468 or 468B, and the department has reason to believe that the complaint was groundless and made for the purpose of harassing the operator, the department may refuse to consider future complaints made by the person. [1996 c.5 §6 (enacted in lieu of 468B.224); 2001 c.248 §9]
OR Rev Stat § 468B.305 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.305 - Entry of oil into waters of state prohibited; exceptions.

(1) It shall be unlawful for oil to enter the waters of the state from any ship or high hazard train route or from any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault of the person having control over the oil, or regardless of whether the entry is the result of intentional or negligent conduct, accident or other cause. Such entry constitutes pollution of the waters of the state. (2) Subsection (1) of this section shall not apply to the entry of oil into the waters of the state under the following circumstances: (a) The person discharging the oil was expressly authorized to do so by the Department of Environmental Quality, having obtained a permit therefor required by ORS 468B.050; (b) Notwithstanding any other provision of ORS 466.640, 468B.025 or 468B.050 or this section, the person discharging the oil was expressly authorized to do so by a federal on-scene coordinator or the department in connection with activities related to the removal of or response to oil that entered the waters of the state; or (c) The person having control over the oil can prove that the entry thereof into the waters of the state was caused by: (A) An act of war or sabotage or an act of God. (B) Negligence on the part of the United States Government, or the State of Oregon. (C) An act or omission of a third party without regard to whether any such act or omission was or was not negligent. [Formerly 449.157 and then 468.785; 1995 c.535 §1; 2019 c.581 §2]
OR Rev Stat § 468B.310 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.310 - Liability for violation of ORS 468B.305; exceptions.

(1) Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the oil to which the damages relate, entered the waters of the state by causes set forth in ORS 468B.305 (2). (2) Nothing in this section shall be construed as limiting the right of a person owning or having control of oil to maintain an action for the recovery of damages against another person for an act or omission of such other person resulting in the entry of oil into the waters of the state for which the person owning or having control of such oil is liable under subsection (1) of this section. (3) Notwithstanding the provisions of subsections (1) and (2) of this section: (a) A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 is not liable to the State of Oregon for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 to 465.545 and 468B.300 to 468B.500 that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327. (b) A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 is not liable to the State of Oregon or any person for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 to 465.545 and 468B.300 to 468B.500 that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327. (c) An authority created under ORS 465.600 to 465.621 is not liable to the State of Oregon or any person for any entry of oil into the waters of this state from a facility that is subject to ORS 465.200 to 465.545 and 468B.300 to 468B.500 that occurred before the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent. [Formerly 449.159 and then 468.790; 2011 c.487 §4; 2015 c.631 §11]
OR Rev Stat § 468B.315 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 468B - Water Quality|Section 468B.315 - Duty to collect and remove oil; dispersal of oil.

(1) In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over oil which enters the waters of the state in violation of ORS 468B.305 to collect and remove the oil immediately. (2) If it is not feasible to collect and remove the oil, the person shall take all practicable actions to contain, treat and disperse the oil. (3) The Director of the Department of Environmental Quality shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest. [Formerly 449.161 and then 468.795]