reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.085 - Sovereign immunity defense.

The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extent that it would apply to a person injured or threatened with injury in Oregon. [1991 c.826 §8]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.087 - Application and construction of ORS 468.076 to 468.087.

ORS 468.076 to 468.087 shall be applied and construed to carry out the general purpose of ORS 468.076 to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089 among the jurisdictions enacting it. [1991 c.826 §9]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.089 - Short title.

ORS 468.076 to 468.087 shall be known and may be cited as the "Uniform Transboundary Pollution Reciprocal Access Act." [1991 c.826 §1]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.090 - Complaint procedure.

(1) In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the department itself has cause to believe, that any person is violating any rule or standard adopted by the Environmental Quality Commission or any permit issued by the department by causing or permitting water pollution or air pollution or air contamination, the department shall cause an investigation thereof to be made. If it finds after such investigation that such a violation of any rule or standard of the commission or of any permit issued by the department exists, it shall by conference, conciliation and persuasion endeavor to eliminate the source or cause of the pollution or contamination which resulted in such violation.
(2) In case of failure to remedy the violation, the department shall commence enforcement proceedings pursuant to the procedures set forth in ORS chapter 183 for a contested case and in ORS 468B.032. [Formerly 449.815; 1999 c.975 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.095 - Investigatory authority; entry on premises; status of records.

(1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected source of water pollution or air pollution or air contamination or to ascertain compliance or noncompliance with any rule or standard adopted or order or permit issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. The Environmental Quality Commission shall also have access to any pertinent records relating to such property, including but not limited to blueprints, operation and maintenance records and logs, operating rules and procedures.
(2) Unless classified by the Director of the Department of Environmental Quality as confidential, any records, reports or information obtained under ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B shall be available to the public. Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, other than emission data, if made public, would divulge a secret process, device or method of manufacturing or production entitled to protection as trade secrets of such person, the director shall classify such record, report or information, or particular part thereof, other than emission data, confidential and such confidential record, report or information, or particular part thereof, other than emission data, shall not be made a part of any public record or used in any public hearing unless it is determined by a circuit court that evidence thereof is necessary to the determination of an issue or issues being decided at a public hearing. [Formerly 449.169; 1975 c.173 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.100 - Enforcement procedures; powers of regional authorities; status of procedures.

(1) Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or practices which constitute a violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, or any rule, standard or order adopted or entered pursuant thereto, or of any permit issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance thereto or to restrain further violations.
(2) The proceedings authorized by subsection (1) of this section may be instituted without the necessity of prior agency notice, hearing and order, or during said agency hearing if it has been initially commenced by the commission.
(3) A regional authority formed under ORS 468A.105 may exercise the same functions as are vested in the commission by this section insofar as such functions relate to air pollution control and are applicable to the conditions and situations of the territory within the regional authority. The regional authority shall carry out these functions in the manner provided for the commission to carry out the same functions.
(4) The provisions of this section are in addition to and not in substitution of any other civil or criminal enforcement provisions available to the commission or a regional authority. The provisions of this section shall not prevent the maintenance of actions for legal or equitable remedies relating to private or public nuisances brought by any other person, or by the state on relation of any person without prior order of the commission. [1973 c.826 §2; 1979 c.284 §153]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.110 - Appeal; power of court to stay enforcement.

Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of ORS chapter 183. However, notwithstanding ORS 183.482 (3), relating to a stay of enforcement of an agency order and the giving of bond or other undertaking related thereto, any reviewing court before it may stay an order of the commission shall give due consideration to the public interest in the continued enforcement of the commission’s order, and may take testimony thereon. [Formerly 449.090; 2007 c.71 §148]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.115 - Enforcement in cases of emergency.

(1) Whenever it appears to the Department of Environmental Quality that water pollution or air pollution or air contamination is presenting an imminent and substantial endangerment to the health of persons, at the direction of the Governor the department shall, without the necessity of prior administrative procedures or hearing, enter an order against the person or persons responsible for the pollution or contamination requiring the person or persons to cease and desist from the action causing the pollution or contamination. Such order shall be effective for a period not to exceed 10 days and may be renewed thereafter by order of the Governor.
(2) The state and local police shall cooperate in the enforcement of any order issued pursuant to subsection (1) of this section and shall require no further authority or warrant in executing and enforcing such an order.
(3) If any person fails to comply with an order issued pursuant to subsection (1) of this section, the circuit court in which the source of water pollution or air pollution or air contamination is located shall compel compliance with the order in the same manner as with an order of that court. [Formerly 449.980]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.120 - Public hearings; subpoenas, oaths, depositions.

(1) The Environmental Quality Commission, its members or a person designated by and acting for the commission may:
(a) Conduct public hearings.
(b) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission.
(c) Administer oaths.
(d) Take or cause to be taken depositions and receive such pertinent and relevant proof as may be considered necessary or proper to carry out duties of the commission and Department of Environmental Quality pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(2) Subpoenas authorized by this section may be served by any person authorized by the person issuing the subpoena. Witnesses who are subpoenaed shall receive the fees and mileage provided in ORS 44.415 (2). [Formerly 449.048; 1989 c.980 §14b]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.126 - Advance notice.

(1) No civil penalty prescribed under ORS 468.140 shall be imposed for a violation of an air, water or solid waste permit issued by the Department of Environmental Quality until the permittee has received five days’ advance warning in writing from the department, specifying the violation and stating that a penalty will be imposed for the violation unless the permittee submits the following to the department in writing within five working days after receipt of the advance warning:
(a) A response certifying that the permitted facility is complying with applicable law;
(b) A proposal to bring the facility into compliance with applicable law that is acceptable to the department and that includes but is not limited to proposed compliance dates; or
(c) For a water quality permit violation, a request in writing to the department that the department follow the procedures prescribed under ORS 468B.032. Notwithstanding the requirement for a response to the department within five working days, the permittee may file a request under this paragraph within 20 days from the date of service of the notice.
(2) No advance notice shall be required under subsection (1) of this section if:
(a) The violation is intentional;
(b) The water or air violation would not normally occur for five consecutive days;
(c) The permittee has received prior advance warning of any violation of the permit within the 36 months immediately preceding the violation;
(d) The permittee is subject to the federal operating permit program under ORS 468A.300 to 468A.320 and violates any rule or standard adopted or permit or order issued under ORS chapter 468A and applicable to the permittee; or
(e) The requirement to provide such notice would disqualify a state program from federal approval or delegation. [1991 c.650 §9 (enacted in lieu of 468.125); 1993 c.790 §3; 1999 c.975 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.130 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

(1) The Environmental Quality Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. Except as provided in ORS 468.140 (3), no civil penalty shall exceed $25,000 per day. Where the classification involves air pollution, the commission shall consult with the regional air quality control authorities before adopting any classification or schedule.
(2) In imposing a penalty pursuant to the schedule or schedules authorized by this section, the commission and regional air quality control authorities shall consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits enforceable by the commission or by regional air quality control authorities.
(c) The economic and financial conditions of the person incurring a penalty.
(d) The gravity and magnitude of the violation.
(e) Whether the violation was repeated or continuous.
(f) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(g) The violator’s cooperativeness and efforts to correct the violation.
(h) Whether the violator gained an economic benefit as a result of the violation.
(i) Any relevant rule of the commission.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the commission or regional authority considers proper and consistent with the public health and safety.
(4) The commission may by rule delegate to the Department of Environmental Quality, upon such conditions as deemed necessary, all or part of the authority of the commission provided in subsection (3) of this section to remit or mitigate civil penalties. [Formerly 449.970; 1977 c.317 §3; 1987 c.266 §2; 1991 c.650 §4; 2009 c.267 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.135 - Imposition of civil penalties.

(1) Any civil penalty under ORS 468.140 shall be imposed in the manner provided in ORS 183.745.
(2) All penalties recovered under ORS 468.140 shall be paid into the State Treasury and credited to the General Fund, or in the event the penalty is recovered by a regional air quality control authority, it shall be paid into the county treasury of the county in which the violation occurred. [Formerly 449.973; 1989 c.706 §17; 1991 c.650 §6; 1991 c.734 §37]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.148 - Legislative findings and declarations.

The Legislative Assembly finds and declares that the purposes of ORS 468.149 are to:
(1) Retain the protections afforded to public health and this state’s environment and natural resources under the baseline federal standards contained in federal environmental laws, regardless of actions taken at the federal level;
(2) Protect the public health, safety and welfare of the people of Oregon from any actual or potential adverse effect that reasonably may be anticipated to occur from pollution, including the effects of climate change;
(3) Preserve, protect and enhance this state’s environment and natural resources, including, but not limited to, state and national parks, recreation areas, wilderness areas, monuments and ocean shores and other areas with special national or regional natural, recreational, scenic or historic value;
(4) Provide for stable regulatory conditions to support long-term economic growth; and
(5) Ensure that decisions made by state agencies that may adversely impact public health, the environment or natural resources are made only after careful evaluation of all consequences and only after adequate procedural opportunities for informed public participation in decision-making processes. [2019 c.138 §1]
Note:
468.148 and 468.149 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 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 468 - Environmental Quality Generally › Section 468.149 - Assessment of final changes to federal environmental law; state implementation of baseline federal standards.

(1) As used in this section and ORS 468.148:
(a) "Baseline federal standards" means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017.
(b) "Federal environmental law" means any one or more of the following:
(A) The federal Clean Air Act, 42 U.S.C. 7401 et seq., and any federal regulations issued pursuant to the federal Clean Air Act.
(B) The federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., and any federal regulations issued pursuant to the federal Safe Drinking Water Act.
(C) The Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., and any federal regulations issued pursuant to the Federal Water Pollution Control Act.
(2) The Department of Environmental Quality and the Oregon Health Authority shall regularly assess final changes to federal environmental law that the department or the authority has been authorized or directed to administer to determine whether the final changes to federal environmental law are significantly less protective of public health, the environment or natural resources than baseline federal standards.
(3) If the Department of Environmental Quality determines that a change assessed by the department under subsection (2) of this section results or will result in federal standards or requirements that are significantly less protective of public health, the environment or natural resources than baseline federal standards, the department shall promptly inform the Environmental Quality Commission and recommend to the commission actions as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment or natural resources as baseline federal standards, regardless of the change assessed under subsection (2) of this section.
(4) If the Oregon Health Authority determines that a change assessed by the authority under subsection (2) of this section results or will result in federal standards or requirements that are significantly less protective of public health, the environment or natural resources than baseline federal standards, the authority shall take actions as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment or natural resources as baseline federal standards, regardless of the change assessed under subsection (2) of this section.
(5) Nothing in this section prevents the Environmental Quality Commission or the Oregon Health Authority from adopting rules for the administration of federal environmental law that are more protective of public health, the environment or natural resources than baseline federal standards. [2019 c.138 §2]
Note:
See note under 468.148.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.150 - Field sanitation and straw utilization and disposal methods as "pollution control facilities."

After alternative methods for field sanitation and straw utilization and disposal are approved by the Department of Environmental Quality, "pollution control facility," as defined in ORS 468.155, shall include such approved alternative methods and persons purchasing and utilizing such methods shall be eligible for the benefits allowed by ORS 468.155 to 468.190. [1975 c.559 §15; 1999 c.59 §136]
Note:
468.150 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 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 468 - Environmental Quality Generally › Section 468.153 - Legislative findings and declarations.

(1) The Legislative Assembly finds that the concept of environmental responsibility has matured beyond basic compliance with regulatory requirements to one in which citizens and businesses voluntarily implement innovative solutions to achieve shared environmental goals.
(2) The Legislative Assembly declares that a pollution control tax credit that shifts the majority of the incentive away from compensation for basic regulatory compliance and toward encouraging voluntary investment is an effective way to achieve environmental goals.
(3) The Legislative Assembly finds and declares that it is the policy of this state to promote sustainability and provide incentives for the voluntary prevention, elimination, reduction or control of air pollution, water pollution, solid waste and hazardous waste through the voluntary application of innovative solutions to achieve the environmental goals of this state.
(4) The Legislative Assembly declares it to be the policy of this state to promote social, economic and environmental principles of sustainability by providing incentives to individuals and businesses that support social, economic and environmental sustainability goals. [2001 c.928 §9]
Note:
468.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 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 468 - Environmental Quality Generally › Section 468.160 - Policy.

In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in this state by providing tax relief with respect to Oregon facilities constructed to accomplish such prevention, control and reduction. [Formerly 449.615; 1975 c.496 §2; 1977 c.795 §2; 1979 c.802 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.163 - Commencement of construction or installation of facility.

For purposes of ORS 468.155 to 468.190, the construction or installation of a facility is commenced when the person constructing or installing the facility has obtained all necessary preliminary approvals and has begun continuous on-site modification, construction, installation or other activity, the completion of which will cause the person to be able to obtain certification under ORS 468.155 to 468.190. Interruptions and delays resulting from natural disasters, strikes, litigation or other matters beyond the control of the owner shall be disregarded in determining whether the actions undertaken by the person are continuous. The burden of demonstrating that construction or installation of a facility is commenced shall be borne by the person filing an application for certification under ORS 468.165. [2001 c.928 §8a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.167 - Application for precertification.

(1) Any person proposing to apply for certification for tax relief under ORS 468.155 to 468.190 may apply, before the completion of a pollution control facility, for precertification of the facility with the Environmental Quality Commission.
(2)(a) The application shall be made in writing in a form prescribed by the Department of Environmental Quality. The application shall contain the following information:
(A) A statement of the purpose of prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or recycling or appropriate disposal of used oil served or to be served by the facility.
(B) A description of the materials for incorporation into the facility or incorporated into the facility, machinery and equipment to be made or made a part of the facility and the proposed or existing operational procedure of the facility.
(C) Any further information the Director of the Department of Environmental Quality considers necessary before precertification is issued.
(b) The application need not contain information on the actual cost of the facility or the portion of the actual cost properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil.
(c) The application shall be accompanied by a fee as provided under ORS 468.165 (5). The fee may be refunded if the application for preliminary certification is rejected.
(3) If the commission determines that the person and the pollution control facility will be eligible for tax relief under ORS 307.405 or 315.304 if the facility is erected, constructed, reconstructed, added to, installed, improved or used in accordance with the application for precertification, the commission shall precertify the facility by approving the application.
(4) If the facility is erected, constructed, reconstructed, added to, installed, improved or used as proposed in the application for precertification, the commission’s approval of the application shall be prima facie evidence that the facility is qualified for certification for tax relief under ORS 468.170. However, precertification shall not ensure that a facility erected, constructed, reconstructed, added to, installed, improved or used by the precertified person will receive certification under ORS 468.170 or tax relief under ORS 307.405 or 315.304.
(5) If the commission fails or refuses to precertify a person and facility, the person may appeal as provided in ORS 468.170 (3). [1995 c.746 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.172 - "Environmental management system" defined.

As used in ORS 468.173, "environmental management system" means a continual cycle of planning, implementing, reviewing and improving the actions undertaken at the facility to meet environmental obligations and improve environmental performance that meet:
(1) The standards established by the International Organization for Standardization under ISO 14001;
(2) The standards established in the Green Permit program established under ORS 468.501 to 468.521; or
(3) Other standards that meet criteria established by the Environmental Quality Commission by rule. [2001 c.928 §6a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.180 - Conditions for issuance of certificate under ORS 468.170.

(1) No certification shall be issued by the Environmental Quality Commission pursuant to ORS 468.170 unless the facility, facilities or part thereof was erected, constructed or installed in accordance with the applicable provisions of ORS 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, ORS chapters 459, 459A, 465, 466 and 467 and ORS chapters 468, 468A and 468B and the applicable rules or standards adopted pursuant thereto.
(2) Nothing in this section is intended to apply to erection, construction or installation of pollution control facilities begun before October 5, 1973. [1973 c.831 §3; 1975 c.496 §6; 1977 c.795 §6; 1979 c.802 §6; 1989 c.802 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.183 - Revocation of certification for loss of Green Permit.

(1) If a person has obtained pollution control facility certification in which the applicable percentage is 35 percent because of issuance of a Green Permit described under ORS 468.173 (3)(b) that applies to the certified facility and the Green Permit is revoked, the applicable percentage for any remaining tax credit to be claimed under ORS 315.304 shall be the applicable percentage described under ORS 468.173 (2). If the construction or installation of the facility is commenced on or after January 1, 2006, the pollution control facility certification shall be revoked.
(2) The Department of Environmental Quality shall inform the Department of Revenue of the revocation. [2001 c.928 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.185 - Procedure to revoke certification; reinstatement.

(1) Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued under ORS 468.170 of any pollution control or solid waste, hazardous wastes or used oil facility, if it finds that:
(a) The certification was obtained by fraud or misrepresentation; or
(b) The holder of the certificate has failed substantially to operate the facility for the purpose of, and to the extent necessary for, preventing, controlling or reducing air, water or noise pollution or solid waste, hazardous wastes or used oil as specified in such certificate.
(2) As soon as the order of revocation under this section has become final, the commission shall notify the Department of Revenue and the county assessor of the county in which the facility is located of such order.
(3) If the certification of a pollution control or solid waste, hazardous wastes or used oil facility is ordered revoked pursuant to subsection (1)(a) of this section, all prior tax relief provided to the holder of such certificate by virtue of such certificate shall be forfeited and the Department of Revenue or the proper county officers shall proceed to collect those taxes not paid by the certificate holder as a result of the tax relief provided to the holder under any provision of ORS 307.405 and 315.304.
(4) Except as provided in subsection (5) of this section, if the certification of a pollution control or solid waste, hazardous wastes or used oil facility is ordered revoked pursuant to subsection (1)(b) of this section, the certificate holder shall be denied any further relief provided under ORS 307.405 or 315.304 in connection with such facility, as the case may be, from and after the date that the order of revocation becomes final.
(5) The commission may reinstate a tax credit certification revoked under subsection (1)(b) of this section if the commission finds the facility has been brought into compliance. If the commission reinstates certification under this subsection, the commission shall notify the Department of Revenue or the county assessor of the county in which the facility is located that the tax credit certification is reinstated for the remaining period of the tax credit, less the period of revocation as determined by the commission. [Formerly 449.645; 1975 c.496 §7; 1977 c.795 §7; 1979 c.802 §7; 1987 c.596 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.190 - Allocation of costs to pollution control; rules.

(1) Subject to subsections (2), (3) and (4) of this section, in establishing the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil for facilities qualifying for certification under ORS 468.170, the Environmental Quality Commission shall consider the following factors:
(a) If applicable, the extent to which the facility is used to recover and convert waste products into a salable or usable commodity.
(b) The estimated annual percent return on the investment in the facility.
(c) If applicable, the alternative methods, equipment and costs for achieving the same pollution control objective.
(d) Any related savings or increase in costs which occur or may occur as a result of the installation of the facility.
(e) Any other factors which are relevant in establishing the portion of the actual cost of the facility properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil.
(2) The portion of actual costs properly allocable shall be from zero to 100 percent in increments of one percent. If zero percent, the commission shall issue an order denying certification.
(3) If the cost of the facility (or facilities certified under one certificate) does not exceed $50,000, the portion of the actual costs properly allocable shall be in the proportion that the ratio of the time the facility is used for prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil bears to the entire time the facility is used for any purpose.
(4) In the case of a business described in ORS 315.304 (4)(a)(C)(i), the Environmental Quality Commission shall consider the factors listed in subsection (1) of this section as if the person operating the facility or conducting the trade or business that utilizes property requiring such a facility were the applicant for the credit, regardless of whether the person is the lessee or lessor of the facility.
(5) The commission may adopt rules establishing methods to be used to determine the portion of costs properly allocable to the prevention, control or reduction of air, water or noise pollution or solid or hazardous waste or to recycling or appropriately disposing of used oil. [Formerly 449.655; 1974 c.37 §4; 1977 c.795 §8; 1983 c.637 §4; 1995 c.746 §4; 1999 c.1101 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.195 - Issuance of bonds authorized; principal amount.

In order to provide funds for the purposes specified in Article XI-H of the Oregon Constitution, the Department of Environmental Quality may request the State Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A. The principal amount of the bonds outstanding at any one time, issued under authority of this section, shall not exceed $260 million par value. [Formerly 449.672; 1981 c.312 §1; 1981 c.660 §42; 2007 c.783 §204]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.215 - Pollution Control Fund.

The money realized from the sale of each issue of bonds under ORS 468.195 shall be credited to a special fund in the State Treasury, separate and distinct from the General Fund, to be designated the Pollution Control Fund. Moneys in the Pollution Control Fund are continuously appropriated to the Department of Environmental Quality for the purpose of carrying out the provisions of ORS 468.195 to 468.260. Moneys in the fund may not be used for any other purpose, except that these moneys, with the approval of the State Treasurer, may be invested as provided by ORS 293.701 to 293.857, and the earnings from such investments shall be credited to the Pollution Control Sinking Fund maintained under ORS 468.230. [Formerly 449.682; 2005 c.755 §43]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.225 - Investment of gross proceeds of agency bonds or other obligations.

All amounts that are treated as gross proceeds of agency bonds or other obligations, if invested, shall be invested in compliance with section 148 of the Internal Revenue Code of 1986, and the amendments thereto in effect on October 23, 1999. [Formerly 449.687; 1999 c.59 §137]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.230 - Pollution Control Sinking Fund; use; limitation.

(1) The Environmental Quality Commission shall maintain, with the State Treasurer, a Pollution Control Sinking Fund, separate and distinct from the General Fund. The Pollution Control Sinking Fund shall provide for the payment of the principal and interest upon bonds issued under authority of Article XI-H of the Constitution of Oregon and ORS 468.195 to 468.260 and administrative expenses incurred in issuing the bonds. Moneys in the sinking fund are continuously appropriated to the commission for such purpose. With the approval of the commission, the moneys in the Pollution Control Sinking Fund may be invested as provided by ORS 293.701 to 293.857, and earnings from such investment shall be credited to the Pollution Control Sinking Fund.
(2) The Pollution Control Sinking Fund shall consist of all moneys received from ad valorem taxes levied pursuant to ORS 291.445 and assessments collected under ORS 468.220 (8), moneys transferred from the Orphan Site Account under ORS 465.381 (6), moneys transferred from the Water Pollution Control Revolving Fund under ORS 468.429 (3), all moneys that the Legislative Assembly may provide in lieu of such taxes, all earnings on the Pollution Control Fund, Pollution Control Sinking Fund, and all other revenues derived from contracts, bonds, notes or other obligations, acquired, by the commission by purchase, loan or otherwise, as provided by Article XI-H of the Constitution of Oregon and by ORS 468.195 to 468.260.
(3) The Pollution Control Sinking Fund shall not be used for any purpose other than that for which the fund was created. Should a balance remain therein after the purposes for which the fund was created have been fulfilled or after a reserve sufficient to meet all existing obligations and liabilities of the fund has been set aside, the surplus remaining may be transferred to the Pollution Control Fund at the direction of the commission. [Formerly 449.690; 1981 c.312 §3; 1989 c.833 §115; 1991 c.220 §13; 1993 c.411 §5; 2005 c.755 §44]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.240 - Remedy where default occurs on payment to state.

If any municipal corporation, city or county defaults on payments due to the state under ORS 468.195 to 468.260, the state may withhold any amounts otherwise due to the corporation, city or county to apply to the indebtedness. [Formerly 449.694]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.245 - Acceptance of federal funds.

The Environmental Quality Commission may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the United States or any of its agencies, or from other persons subject to the terms and conditions thereof, regardless of any laws of this state in conflict with regulations of the federal government or restrictions and conditions of such other persons with respect thereto, for any of the purposes contemplated by Article XI-H of the Constitution of Oregon and by ORS 468.195 to 468.260. Unless enjoined by the terms and conditions of any such gift or grant, the commission may convert the same or any of them into money through sale or other disposal thereof. [Formerly 449.695]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.250 - Participation in matching fund programs with federal government.

(1) The Environmental Quality Commission may participate on behalf of the State of Oregon in any grant program funded in part by an agency of the federal government if the implementation of the program requires matching funds of the state or its participation in administering the program. However, any grant advanced by the commission to an otherwise eligible applicant shall not exceed 30 percent of the total eligible costs of the project applied for, and further provided that the project shall not be less than 70 percent self-supporting and self-liquidating from those sources prescribed by Article XI-H of the Constitution of Oregon.
(2) Subject to conditions imposed on federally granted funds, a municipal corporation, city, county or agency of the State of Oregon, or combination thereof, who is eligible for federal funds for a project during its construction or becomes eligible for reimbursement for funds expended, if the project has been constructed and placed into operation, shall apply for and pay to the commission such funds so received, or otherwise made available to it, in such amounts as determined by the commission as just and necessary, from an agency of the federal government. These funds shall first be used to reimburse the State of Oregon for the portion of any grant that was advanced to the municipal corporation, city, county or agency of the State of Oregon, or combination thereof, for construction of the project that exceeded the federal requirements for state matching funds and any remainder thereof shall be used to apply upon the retirement of any principal and interest indebtedness due and owing to the State of Oregon arising out of funds loaned for the project prior to federal funds becoming available.
(3) The refusal of a municipal corporation, city, county or agency of the State of Oregon, or combinations thereof, to apply for federal funds in such amounts as determined by the commission as just and necessary for which it would otherwise be eligible, shall be sufficient grounds to terminate any further participation in construction of a facility by the commission.
(4) The municipal corporation, city, county or agency of the State of Oregon, or combinations thereof, shall consent to and request that funds made available to it by an agency of the federal government shall be paid directly to the commission if required to do so under subsection (2) of this section. [Formerly 449.697]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.253 - Authority of director to act to benefit fund.

(1) Notwithstanding any other provision of law, if the Director of the Department of Environmental Quality finds that it will benefit the financial condition of the Pollution Control Sinking Fund, with the approval of the State Treasurer the director may:
(a) Sell bonds, notes, contracts or other obligations acquired by the Environmental Quality Commission by purchase, loan or otherwise from the proceeds of bonds issued under ORS 468.195 to 468.260, and pay costs associated with the sale from the proceeds of the sale.
(b) Pay to an obligor under such bonds, notes, contracts or other obligations such sums from the proceeds of a sale authorized by paragraph (a) of this subsection as the director determines, or hold or deposit such sums in trust for the benefit of such obligor under terms established by the director.
(2) Any proceeds of a sale authorized by subsection (1) of this section which remain after payments authorized by subsection (1) of this section shall be deposited in the Pollution Control Sinking Fund.
(3) An obligor under any bonds, notes, contracts or other obligations which are proposed to be sold by the director pursuant to subsection (1) of this section may waive its right to redeem such obligations prior to maturity, or otherwise renegotiate the terms of such obligations, if the obligor determines that so altering the terms of its obligation, together with payments to be received by the obligor under subsection (1)(b) of this section, will benefit the obligor. [1989 c.731 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.255 - Limit on grants and loans.

Any funds advanced by the Environmental Quality Commission by grant shall not exceed 30 percent of the total project costs for eligible projects or for facilities related to disposal of solid wastes, and any obligation acquired by the commission by purchase, contract, loan, or otherwise, shall not exceed 100 percent of the total project costs for eligible projects or for facilities related to disposal of solid wastes. Combinations of funds granted and loaned by whatever means shall not total more than 100 percent of the eligible project costs. [Formerly 449.699; 1981 c.312 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.260 - Return of unexpended funds to state required; use of returned funds.

Any proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the Environmental Quality Commission, shall be returned to the commission on behalf of the State of Oregon to apply upon the retirement of principal and interest indebtedness on obligations acquired by it from a municipal corporation, city, county or agency of the State of Oregon, or any combinations thereof. [Formerly 449.701]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.263 - Definitions for ORS 468.263 to 468.272.

As used in ORS 468.263 to 468.272, unless the context requires otherwise:
(1) "Bonds" means revenue bonds or other types of obligations authorized by ORS 468.263 to 468.272.
(2) "Pollution control facilities" or "facilities" means any land, building or other improvement, appurtenance, fixture, item of machinery or equipment, and all other real and personal property, whether or not in existence or under construction at the time the bonds are issued, which are to be used in furtherance of the purpose of abating, controlling or preventing, altering, disposing or storing of solid waste, thermal, noise, atmospheric or water pollutants, contaminants, or products therefrom.
(3) "Governing body" means the county court or board of county commissioners. [1974 c.34 §2]
Note:
468.263 to 468.272 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 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 468 - Environmental Quality Generally › Section 468.264 - Policy.

The Legislative Assembly finds:
(1) That control of environmental damage and general health and welfare of the citizens of the State of Oregon is promoted by encouraging the installation of antipollution devices, equipment and facilities.
(2) That the methods of financing provided in ORS 468.263 to 468.272 will encourage such installation. [1974 c.34 §1]
Note:
See note under 468.263.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.267 - Security for bonds.

The principal of and interest on any bonds shall be secured by a pledge of the revenues, proceeds and receipts or any portion thereof out of which the principal and interest are made payable, and may be secured by a mortgage covering all or any part of the facilities from which the revenues, proceeds or receipts so pledged may be derived, including any enlargements thereof and additions thereto, by a pledge or assignment of the lease to such facility or by such other security as may be deemed to be prescribed in the proceedings of the governing body and authorizing the issuance of bonds. The proceedings under which the bonds are authorized to be issued and any mortgage securing such bonds may contain any agreements and provisions respecting the maintenance of the facilities and properties covered thereby, the fixing and collection of rents for any portions thereof leased by the municipality to others, the fixing and collection of proceeds from the sale of any facilities and properties by the municipality to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, and such other provisions not inconsistent with ORS 468.263 to 468.272, all as the governing body shall deem advisable and not in conflict with the provisions of ORS 468.263 to 468.272. Each pledge, lease, sublease, agreement and mortgage made for the benefit or security of any of the bonds shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. [1974 c.34 §5]
Note:
See note under 468.263.