reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.410 - Oil Spill Prevention Fund; uses.

(1) The Oil Spill Prevention Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil and hazardous material spill prevention and the fees collected under ORS 468B.405 shall be paid into the State Treasury and credited to the fund.
(2) The State Treasurer shall invest and reinvest moneys in the Oil Spill Prevention Fund in the manner prescribed by law.
(3) The moneys in the Oil Spill Prevention Fund are appropriated continuously to the Department of Environmental Quality to be used in the manner described in subsection (4) of this section.
(4) The Oil Spill Prevention Fund may be used by the Department of Environmental Quality to:
(a) Pay all costs of the department incurred to:
(A) Review the contingency plans submitted under ORS 468B.360;
(B) Conduct training, response exercises, inspection and tests in order to verify equipment inventories and ability to prevent and respond to oil release emergencies and to undertake other activities intended to verify or establish the preparedness of the state, a municipality or a party required by ORS 468B.345 to 468B.415 to have an approved contingency plan to act in accordance with that plan; and
(C) Verify or establish proof of financial responsibility required by ORS 468B.390.
(b) Review and revise the oil spill response plan required by ORS 468B.495 and 468B.500.
(5) Notwithstanding any contrary provision of subsection (4) of this section, moneys in the Oil Spill Prevention Fund may not be used to pay the costs of the department that may be paid with moneys deposited in the High Hazard Train Route Oil Spill Preparedness Fund established under ORS 468B.435. [1991 c.651 §18; 2019 c.581 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.412 - Report regarding fees and oil spill prevention activities.

(1) By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses:
(a) The fees assessed under ORS 468B.405 on covered vessels and offshore and onshore facilities;
(b) The activities of the department under ORS 468B.410 (4);
(c) The penalties recovered by the department under ORS 468B.450 (1); and
(d) The activities of the department under ORS 468B.455 (2).
(2)(a) The report published by the department under this section must be in a format that allows for the monitoring of fee collection and related activities by the department and for ensuring that adequate but not excessive fees are collected to meet the department’s budgetary needs.
(b) The department shall make the report available to those who paid fees under ORS 468B.405 and to the general public. [2007 c.157 §2; 2015 c.663 §3]
Note:
468B.412 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.420 - Safety committee recommendations.

If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rules to implement the committee’s recommendations under ORS 468B.415 (5)(c)(C) and (E). [1991 c.651 §19a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.425 - Exemption from liability for removal costs or damages.

(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by a state official responsible for oil spill response.
(2) Subsection (1) of this section does not apply:
(a) To a responsible party;
(b) With respect to personal injury or wrongful death; or
(c) If the person is grossly negligent or engages in willful misconduct.
(3) A responsible party is liable for any removal costs or damages for which a person is relieved of under subsection (1) this section.
(4) Nothing in this section affects the liability of a responsible party for oil spill response under ORS 468B.300 to 468B.500. [1991 c.606 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.433 - Financial responsibility statement.

(1) A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad shall submit an updated statement at least once every five years, together with submission of a renewed contingency plan under ORS 468B.427 (4).
(2) A financial responsibility statement required by this section must:
(a) Demonstrate the railroad’s ability, in the form of insurance, reserve accounts, letters of credit or other financial instruments or resources on which the railroad can rely, to pay the costs to clean up a worst case spill as calculated under subsection (3) of this section; and
(b) Identify the capacity, measured in barrels, of the total lading of oil transported within the average-sized train and the largest single train that was operated on each high hazard train route owned or operated by the railroad during the previous calendar year.
(3) For the purposes of this section, a railroad that owns or operates a high hazard train route shall calculate the total costs to clean up a worst case spill based on a minimum cost of $16,800 per barrel of oil multiplied by the number of barrels of oil that would constitute a worst case spill on the high hazard train route.
(4) A statement prepared for an agency of the federal government or an adjacent state that satisfies the requirements of this section may be accepted as a financial responsibility statement under this section. [2019 c.581 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.450 - Willful or negligent discharge of oil; civil penalty; authority of director to mitigate.

(1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be determined by the Director of the Department of Environmental Quality with the advice of the State Fish and Wildlife Director after taking into consideration the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of ORS 468B.450 to 468B.460, and such other considerations as the director considers appropriate. The penalty provided for in this subsection shall be imposed and enforced in accordance with ORS 468.135.
(2) The director may, upon written application therefor received within 15 days after receipt of notice under ORS 468.135, and when considered in the best interest of this state in carrying out the purposes of ORS chapters 468, 468A and 468B, remit or mitigate any penalty provided for in subsection (1) of this section or discontinue any prosecution to recover the same upon such terms as the director in the director’s discretion considers proper. [Formerly 468.817]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.455 - Oil Spillage Control Fund; source; use.

(1) There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund.
(2) All penalties recovered under ORS 468B.450 (1) shall be paid into the Oil Spillage Control Fund. Such moneys are continuously appropriated to the Department of Environmental Quality for:
(a) Advancing costs incurred in carrying out cleanup activities;
(b) Reviewing contingency plans submitted to the department pursuant to ORS 468B.360;
(c) Conducting training, response exercises, inspections and tests in order to verify equipment inventories and ability to prevent and respond to oil release emergencies and undertaking other activities intended to verify or establish the preparedness of the state, a municipality or a party required by ORS 468B.345 to 468B.415 to have an approved contingency plan to act in accordance with that plan;
(d) Verifying or establishing proof of financial responsibility required by ORS 468B.390;
(e) Reviewing and revising the oil spill response plan required by ORS 468B.495 and 468B.500; and
(f) Restoring fish and wildlife production, including habitat restoration, as provided under ORS 468B.060.
(3) With the approval of the Environmental Quality Commission, the moneys in the Oil Spillage Control Fund may be invested as provided by ORS 293.701 to 293.857, and earnings from such investment shall be credited to the fund.
(4) The Oil Spillage Control Fund shall not be used for any purpose other than that for which the fund was created. [Formerly 468.819; 2007 c.217 §5; 2015 c.663 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.475 - Legislative finding; need for evidence of financial assurance for ships transporting oil.

The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance for ships that transport oil and other hazardous material in the waters of the state. [Formerly 468.823]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.485 - Methods of establishing financial assurance.

(1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission:
(a) Evidence of insurance;
(b) Surety bond;
(c) Qualifications as a self-insurer; or
(d) Any other evidence of financial assurance approved by the commission.
(2) Any bond filed shall be issued by a bonding company authorized to do business in the United States.
(3) Documentation of the financial assurance shall be kept on the ship or filed with the Department of Environmental Quality. The owner or operator of any other ship shall maintain on the ship a certificate issued by the United States Coast Guard evidencing compliance with the requirements of section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. [Formerly 468.827]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.495 - Interagency response plan for oil or hazardous material spills.

(1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard train routes. In developing the response plan, the department shall work with all affected local, state and federal agencies, with railroads required to have approved contingency plans under ORS 468B.427 and with any volunteer group interested in participating in oil or hazardous material spill response.
(2) The plan developed under subsection (1) of this section shall be consistent to the extent practicable with the plan for a statewide hazardous material emergency response system established by the State Fire Marshal under ORS 453.374. [Formerly 468.831; 2019 c.581 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.500 - Contents of plan.

The plan developed under ORS 468B.495 shall include at a minimum:
(1) A compilation of maps and information about the waters of the state including shorelines, access points, critical habitats, shoreline sensitivity, disposal sites, ownership and jurisdictional control over each area. This portion of the plan shall use and expand the computer mapping system currently being developed by the State Department of Energy.
(2) An index of federal, state and local agency personnel, private contractors, volunteers, labor employment centers, wildlife rehabilitation centers and other sources of persons and equipment available to respond in the event of an oil or hazardous material spill. The index shall include information necessary to contact the organizations and persons in the index in the event of an oil or hazardous material spill.
(3) A spill response strategy. This strategy shall include methods for discovery of the spill, notification of agencies, organizations and individuals in the index, evaluation and initiation of response, containment and countermeasures and cleanup. The spill response strategy shall also include provisions for documenting the response measures taken and procedures for cost recovery.
(4) Provisions for coordinating Oregon’s oil or hazardous material spill response procedures for coastal and interstate waters with the states of Washington and California. To the maximum extent practicable, interstate cooperation shall include but need not be limited to coordination of:
(a) Development of coastal and ocean information systems with those of adjacent states; and
(b) Oregon’s oil or hazardous material spill response, damage assessment and cost recovery procedures for coastal or interstate waters with those developed by adjacent states. [Formerly 468.833]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.516 - Confidential business information.

Confidential business information submitted to the Department of Environmental Quality by the owner or operator of a bulk oils or liquid fuels terminal under ORS 468B.510 or 468B.513 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the confidential business information. [2022 c.99 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.519 - Whistleblower protection for employees.

(1) It is an unlawful employment practice for the owner or operator of a bulk oils or liquid fuels terminal to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the bulk oils or liquid fuels terminal with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has in good faith:
(a) Reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation; or
(b) Provided information regarding a public health, life safety or environmental safety risk at the bulk oils or liquid fuels terminal to a federal, state or local government official or a person conducting a seismic risk assessment under ORS 468B.510.
(2) This section is subject to enforcement under ORS chapter 659A.
(3) The remedies provided by ORS chapter 659A are in addition to any common law remedy or other remedy that may be available to an employee for the conduct constituting a violation of this section. [2022 c.99 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.522 - Federally preempted requirements not applicable.

The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid fuels terminal to the extent those requirements are preempted by the federal Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60101 et seq. [2022 c.99 §3a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.525 - Seismic Risk Mitigation Fund.

(1) The Seismic Risk Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Seismic Risk Mitigation Fund shall be credited to the fund.
(2) Moneys in the Seismic Risk Mitigation Fund shall consist of:
(a) Money appropriated to the fund by the Legislative Assembly;
(b) Fees deposited in the fund under ORS 468B.513;
(c) Moneys transferred to the fund from the federal or state government; or
(d) Gifts, grants and donations received from any source.
(3) All moneys in the Seismic Risk Mitigation Fund are continuously appropriated to the Department of Environmental Quality for the purposes of:
(a) Reviewing seismic risk mitigation implementation plans submitted under ORS 468B.513 and seismic risk assessments submitted under ORS 468B.510; and
(b) Providing grants or other financial assistance to owners or operators of bulk oils or liquid fuels terminals under ORS 468B.513 (2)(k). [2022 c.99 §6]
Note:
Sections 15 and 17, chapter 99, Oregon Laws 2022, provide:
Sec. 15. Report on seismic vulnerability.
No later than November 1, 2024, the Department of Environmental Quality shall provide a report, including recommendations for legislation, to the interim committees of the Legislative Assembly related to energy, in the manner provided under ORS 192.245. The report required under this section must include:
(1) A summary of information received by the department under section 2 of this 2022 Act [468B.510]; and
(2) Policy recommendations for making the provisions of sections 2 to 6 of this 2022 Act [468B.510 to 468B.525] applicable to additional regions of this state, based on the risk to each additional region from an earthquake or tsunami. [2022 c.99 §15]
Sec. 17.
Sections 15 and 16 of this 2022 Act are repealed on January 2, 2025. [2022 c.99 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.550 - Short title.

This section and ORS 468B.555 shall be known as the "Willamette Watershed Improvement Trading Act." [2001 c.758 §1]
Note:
468B.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.555 - Trading program development; priorities; fees.

(1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal water quality regulations and promotes economic efficiency.
(2) In developing the program, the department shall place a priority on trades that improve the water quality of the Willamette River and on the following pollutants or conditions:
(a) Nitrogenous and phosphorous compounds commonly referred to as nutrients;
(b) Sediment;
(c) Temperature;
(d) Biological oxygen demand; and
(e) Chemical oxygen demand.
(3) The department shall:
(a) Develop a procedure to assist persons entering into an agreement to offset or trade quantities of pollutants under this section in a manner that results in a net reduction of pollutants, assists in meeting water quality standards and implements total maximum daily load allocations;
(b) Provide oversight and administration of agreements entered into under this section;
(c) Minimize administrative and technical requirements in order to encourage and facilitate pollutant trading under this section; and
(d) Emphasize practical procedures for pollutant trading that can be implemented using reasonable estimations and engineering judgment.
(4)(a) The department may assess reasonable fees to a party engaging in pollutant reduction trading under this section to offset its administrative costs associated with the pollutant reduction trading program.
(b) The department shall make every effort to minimize fees to facilitate and encourage pollutant trading.
(c) Fees collected by the department under this section shall be deposited in the State Treasury to the credit of an account of the department and are continuously appropriated to the department.
(5) The department shall seek any approvals, waivers or authorizations from the United States Environmental Protection Agency necessary to implement the program.
(6) The department shall seek a minimum of $200,000 in federal funding to support the program.
(7) This section may not be construed to allow any activity expressly prohibited by federal law or regulation. [2001 c.758 §3; 2007 c.71 §150]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.600 - Harmful algal bloom monitoring and response strategy; data; determination of causes.

(1) The Department of Environmental Quality, in coordination with the Oregon Health Authority, shall:
(a) Develop and maintain a coordinated state agency harmful algal bloom monitoring and response strategy.
(b) Develop a system for the regular monitoring and testing of water bodies determined to be susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.
(c) Produce timely and high-quality data that allow the authority to determine the level of risk of harm or injury to public health by the occurrence of harmful algal blooms.
(d) Maintain a publicly accessible clearinghouse or database of water quality samples collected to characterize freshwater harmful algal blooms.
(e) Identify sources of pollutants that contribute to the occurrences of harmful algal blooms.
(f) Develop and implement strategies for reducing pollutants that contribute to the occurrences of harmful algal blooms and the frequency and severity of harmful algal blooms.
(g) Monitor and evaluate the effectiveness of strategies implemented for reducing pollutants that contribute to the occurrences of harmful algal blooms.
(2)(a) As part of the state agency harmful algal bloom monitoring and response strategy developed by the department under subsection (1) of this section, the department shall make efforts to determine the causes of harmful algal blooms and to identify any point sources or nonpoint sources that contribute to the susceptibility of specific bodies of water to harmful algal blooms.
(b) The department shall work with persons to develop pollution reduction plans for point sources and nonpoint sources identified under paragraph (a) of this subsection. [2023 c.442 §85]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.010 - Policy.

The Legislative Assembly finds and declares that:
(1) Continued growth in demand for nonrenewable energy forms poses a serious and immediate, as well as future, problem. It is essential that future generations not be left a legacy of vanished or depleted resources, resulting in massive environmental, social and financial impact.
(2) It is the goal of Oregon to promote the efficient use of energy resources and to develop permanently sustainable energy resources. The need exists for comprehensive state leadership in energy production, distribution and utilization. It is, therefore, the policy of Oregon:
(a) That development and use of a diverse array of permanently sustainable energy resources be encouraged utilizing to the highest degree possible the private sector of our free enterprise system.
(b) That through state government example and other effective communications, energy conservation and elimination of wasteful and uneconomical uses of energy and materials be promoted. This conservation must include, but not be limited to, resource recovery and materials recycling.
(c) That the basic human needs of every citizen, present and future, shall be given priority in the allocation of energy resources, commensurate with perpetuation of a free and productive economy with special attention to the preservation and enhancement of environmental quality.
(d) That state government assist every citizen and industry in adjusting to a diminished availability of energy.
(e) That energy-efficient modes of transportation for people and goods shall be encouraged, while energy-inefficient modes of transportation shall be discouraged.
(f) That cost-effectiveness be considered in state agency decision-making relating to energy sources, facilities or conservation, and that cost-effectiveness be considered in all agency decision-making relating to energy facilities.
(g) That state government shall provide a source of impartial and objective information in order that this energy policy may be enhanced. [1975 c.606 §1; 1979 c.723 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.040 - Director; duties; appointment; rules.

(1) The State Department of Energy shall be under the supervision of the Director of the State Department of Energy, who shall:
(a) Supervise the day-to-day functions of the State Department of Energy;
(b) Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council;
(c) Hire, assign, reassign and coordinate personnel of the State Department of Energy, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and
(d) Adopt rules and issue orders to carry out the duties of the director and the State Department of Energy in accordance with ORS chapter 183 and the policy stated in ORS 469.010.
(2) The director may delegate to any officer or employee the exercise and discharge in the director’s name of any power, duty or function of whatever character vested in the director by law. The official act of any person acting in the director’s name and by the director’s authority shall be considered an official act of the director.
(3) The director shall be appointed by the Governor, subject to confirmation by the Senate in the manner provided by ORS 171.562 and 171.565. [1975 c.606 §5; 1985 c.593 §1; 1993 c.496 §3; 1995 c.551 §4; 1999 c.934 §6; 1999 c.1043 §10; 2003 c.186 §3; 2017 c.314 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.050 - Limitations on subsequent employment of director; sanctions.

(1) A person who has been the Director of the State Department of Energy shall not, within two years after the person ceases to be the director, be an employee of:
(a) An owner or operator of an energy facility;
(b) An applicant for a site certificate; or
(c) Any person who engages in the sale or manufacture of any energy resource or of any major component of an energy facility in Oregon.
(2) Employment of any individual in violation of subsection (1)(a) or (b) of this section shall be grounds for the revocation of any license issued by this state or any agency thereof and held by the person that employs such individual. [1975 c.606 §§6,7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.055 - Authority of department to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Energy may require the fingerprints of a person who:
(1)(a) Is employed or applying for employment by the department; or
(b) Provides services or seeks to provide services to the department as a contractor or volunteer; and
(2) Is, or will be, working or providing services in a position:
(a) In the Hanford nuclear safety program;
(b) In which the person conducts energy audits in schools, colleges, universities or medical facilities;
(c) In the budget and finance section of the department;
(d) That has personnel or human resources functions as one of the position’s primary responsibilities;
(e) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;
(f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers or criminal background information; or
(g) In which the person has access to tax or financial information about individuals or business entities or processes tax credits. [2005 c.730 §7]
Note:
469.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469 - Energy; Conservation Programs; Energy Facilities › Section 469.080 - Energy resource information; subpoena power; depositions; limitations on obtaining information; protection from abuse.

(1) The Director of the State Department of Energy may obtain all necessary information from producers, suppliers and consumers of energy resources within Oregon, and from political subdivisions in this state, as necessary to carry out ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720. Such information may include, but not be limited to:
(a) Sales volume;
(b) Forecasts of energy resource requirements;
(c) Inventory of energy resources; and
(d) Local distribution patterns of information under paragraphs (a) to (c) of this subsection.
(2) In obtaining information under subsection (1) of this section, the director, with the written consent of the Governor, may subpoena witnesses, material and relevant books, papers, accounts, records and memoranda, administer oaths, and may cause the depositions of persons residing within or without Oregon to be taken in the manner prescribed for depositions in civil actions in circuit courts, to obtain information relevant to energy resources.
(3) In obtaining information under this section, the director:
(a) Shall avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state or local regulatory authority that is available to the director for such study; and
(b) Shall cause reporting procedures, including forms, to conform to existing requirements of federal, state and local regulatory authorities.
(4) Any person who is served with a subpoena to give testimony orally or in writing or to produce books, papers, correspondence, memoranda, agreements or the documents or records as provided in ORS 176.820, 192.338, 192.345, 192.355, 192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 469.992, 757.710 and 757.720, may apply to any circuit court in Oregon for protection against abuse or hardship in the manner provided in ORCP 36 C. [1975 c.606 §18; 1977 c.358 §9; 1977 c.794 §4a; 1979 c.284 §154; 2003 c.186 §18]