reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.160 - Ground water management and use policy.

In order to achieve the goal set forth in ORS 468B.155, the Legislative Assembly establishes the following policies to control the management and use of the ground water resource of this state and to guide any activity that may affect the ground water resource of Oregon:
(1) Public education programs and research and demonstration projects shall be established in order to increase the awareness of the citizens of this state of the vulnerability of ground water to contamination and ways to protect this important resource.
(2) All state agencies’ rules and programs affecting ground water shall be consistent with the overall intent of the goal set forth in ORS 468B.155.
(3) Statewide programs to identify and characterize ground water quality shall be conducted.
(4) Programs to prevent ground water quality degradation through the use of the best practicable management practices shall be established.
(5) Ground water contamination levels shall be used to trigger specific governmental actions designed to prevent those levels from being exceeded or to restore ground water quality to at least those levels.
(6) All ground water of the state shall be protected for both existing and future beneficial uses so that the state may continue to provide for whatever beneficial uses the natural water quality allows. [Formerly 468.693]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.162 - Coordination of ground water activities.

(1) The Department of Environmental Quality shall coordinate the following:
(a) Interagency management of ground water as necessary to achieve the goal set forth in ORS 468B.155.
(b) The regulatory activities of any affected state agency responding to the declaration of a ground water management area under ORS 468B.180. As used in this subsection "affected state agency" means any agency having management responsibility for, or regulatory control over the ground water resource of this state or any substance that may contaminate the ground water resource of this state.
(2) The Department of Environmental Quality shall provide staff for project oversight and for those activities authorized under ORS 468B.165 to 468B.188, including scheduling meetings, providing public notice of meetings and other group activities and keeping records of group activities.
(3) In addition to its duties under subsection (1) of this section, the department shall, on or before January 1 of each odd-numbered year, prepare a report to the Legislative Assembly. The report shall include the status of ground water in Oregon, efforts made in the immediately preceding year to protect, conserve and restore Oregon’s ground water resources and grants awarded under ORS 468B.169. [Formerly 536.108; 1999 c.1074 §4]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.164 - Encouragement of federal actions.

In carrying out its coordination activities under ORS 468B.162, the Department of Environmental Quality shall encourage federal agency actions that are consistent with the water policies of the State of Oregon. [Formerly 536.112]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.165 - Ground water contaminants; maximum levels; rules.

(1) Within 90 days after receiving the recommendations of the technical advisory committee under ORS 468B.166, the Environmental Quality Commission shall begin rulemaking to first adopt final rules establishing maximum measurable levels for contaminants in ground water. The commission shall adopt the final rules not later than 180 days after the commission provides notice under ORS 183.335.
(2) The adoption or failure to adopt a rule establishing a maximum measurable level for a contaminant under subsection (1) of this section shall not alone be construed to require the imposition of restrictions on the use of fertilizers under ORS 633.311 to 633.479 and 633.994 or the use of pesticides under ORS chapter 634. [Formerly 468.694; 2001 c.914 §25]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.166 - Technical advisory committee; duties; membership.

(1) The Department of Environmental Quality shall appoint a nine-member technical advisory committee to develop criteria and a method for the Environmental Quality Commission to apply in adopting by rule maximum measurable levels of contaminants in ground water. The technical advisory committee shall recommend criteria and a method for the development of standards that are protective of public health and the environment. If a federal standard exists, the method shall provide that the Environmental Quality Commission shall first consider the federal standard, and if the Environmental Quality Commission does not adopt the federal standard, the method shall require the Environmental Quality Commission to give a scientifically valid reason for not concurring with the federal standard. As used in this subsection, "federal standard" means a maximum contaminant level, a national primary drinking water regulation or an interim drinking water regulation adopted by the Administrator of the U.S. Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, as amended, 42 U.S.C. 300g-1.
(2) The technical advisory committee appointed under subsection (1) of this section shall be comprised of:
(a) A toxicologist;
(b) A health professional;
(c) A water purveyor;
(d) A biologist; and
(e) Technically capable members of the public representing the following groups:
(A) Citizens;
(B) Local governments;
(C) Environmental organizations;
(D) Industrial organizations; and
(E) Agricultural organizations.
(3) The technical advisory committee may appoint individuals or committees to assist in development of the criteria and maximum measurable levels of contaminants in ground water. An individual or committee appointed by the committee under this subsection shall serve in an advisory capacity only. [Formerly 536.137]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.167 - Ground water resource protection strategy; advisory committees.

(1) The Department of Environmental Quality shall implement the following ground water resource protection strategy:
(a) Coordinate projects and activities of other agencies designed to reduce impacts on ground water from:
(A) Commercial and industrial activities;
(B) Commercial and residential use of fertilizers and pesticides;
(C) Residential and sewage treatment activities; and
(D) Any other activity that may result in contaminants entering the ground water.
(b) Provide educational and informational materials to promote public awareness and involvement in the protection, conservation and restoration of Oregon’s ground water resource. Public information materials shall be designed to inform the general public about the nature and extent of ground water contamination, alternatives to practices that contaminate ground water and the effects of human activities on ground water quality. In addition, educational programs shall be designed for specific segments of the population that may have specific impacts on the ground water resource.
(c) Coordinate the development of local ground water protection programs, including but not limited to local well head protection programs.
(d) Award grants for the implementation of projects approved under the criteria established under ORS 468B.171.
(e) Develop and maintain a centralized repository for information about ground water, including but not limited to:
(A) Hydrogeologic characterizations;
(B) Results of local and statewide monitoring or testing of ground water;
(C) Data obtained from ground water quality protection research or development projects; and
(D) Alternative residential, industrial and agricultural practices that are considered best practicable management practices for ground water quality protection.
(f) Identify research or information about ground water that needs to be conducted or made available.
(g) Cooperate with appropriate federal entities to identify the needs and interests of the State of Oregon so that federal plans and project schedules relating to the protection of the ground water resource incorporate the state’s intent to the fullest extent practicable.
(h) Aid in the development of voluntary programs to reduce the quantity of hazardous or toxic waste generated in order to reduce the risk of ground water contamination from hazardous or toxic waste.
(2) To aid and advise the department in the performance of its functions, the department may establish such advisory and technical committees as the department considers necessary. These committees may be continuing or temporary. The department shall determine the representation, membership, terms and organization of the committees and shall appoint their members. [Formerly 536.125]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.169 - Requests for funding, advice or assistance for ground water projects.

(1) Any person, state agency, political subdivision of this state or ground water management committee organized under ORS 468B.179 or 468B.182 may submit to the Department of Environmental Quality a request for funding, advice or assistance for a research or development project related to ground water quality as it relates to Oregon’s ground water resource.
(2) The request under subsection (1) of this section shall be filed in the manner, be in the form and contain the information required by the department. The requester may submit the request either to the department or to a ground water management committee organized under ORS 468B.179 or 468B.182.
(3) The department shall approve only those requests that meet the criteria established by the department under ORS 468B.171. [Formerly 536.129]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.171 - Awarding grants; purpose; rules.

(1) Of the moneys available to the Department of Environmental Quality to award as grants under ORS 468B.169, not more than one-third shall be awarded for funding of projects directly related to issues pertaining to a ground water management area.
(2) The department may award grants for the following purposes:
(a) Research in areas related to ground water including but not limited to hydrogeology, ground water quality, alternative residential, industrial and agricultural practices;
(b) Demonstration projects related to ground water including but not limited to hydrogeology, ground water quality, alternative residential, industrial and agricultural practices;
(c) Educational programs that help attain the goal set forth in ORS 468B.155; and
(d) Incentives to persons who implement innovative alternative practices that demonstrate increased protection of the ground water resource of Oregon.
(3) Funding priority shall be given to proposals that show promise of preventing or reducing ground water contamination caused by nonpoint source activities.
(4) In awarding grants for research under subsection (2) of this section, the department shall specify that not more than 10 percent of the grant may be used to pay indirect costs. The exact amount of a grant that may be used by an institution for such costs may be determined by the department.
(5) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt by rule guidelines and criteria for awarding grants under this section. [Formerly 536.133]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.175 - Declaration of area of ground water concern.

(1) If, as a result of its statewide monitoring and assessment activities under ORS 468B.190, the Department of Environmental Quality confirms the presence in ground water of contaminants suspected to be the result, at least in part, of nonpoint source activities, the department shall declare an area of ground water concern. The declaration shall identify the substances confirmed to be in the ground water and all ground water aquifers that may be affected.
(2) Before declaring an area of ground water concern, the agency making the declaration shall have a laboratory confirm the results that would cause the agency to make the declaration. [Formerly 468.696]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.177 - Actions of department after declaration of area of ground water concern.

After a declaration of an area of ground water concern, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall:
(1) Within 90 days, appoint a ground water management committee in the geographic area overlying the ground water aquifer;
(2) Focus research and public education activities on the area of ground water concern;
(3) Provide for necessary monitoring in the area of ground water concern;
(4) Assist the ground water management committee in developing, in a timely manner, a draft and final local action plan for addressing the issues raised by the declaration of an area of ground water concern; and
(5) If not developed by the ground water management committee, develop a draft and final local action plan. [Formerly 536.141]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.179 - Ground water management committee; appointment; duties.

(1) Upon the request of a local government, or as required under ORS 468B.177 or 468B.182, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall appoint a ground water management committee. The ground water management committee shall be composed of at least seven members representing a balance of interests in the area affected by the declaration.
(2) After a declaration of an area of ground water concern, the ground water management committee shall develop and promote a local action plan for the area of ground water concern. The local action plan shall include but need not be limited to:
(a) Identification of local residential, industrial and agricultural practices that may be contributing to a deterioration of ground water quality in the area;
(b) An evaluation of the threat to ground water from the potential nonpoint sources identified;
(c) Evaluation and recommendations of alternative practices;
(d) Recommendations regarding demonstration projects needed in the area;
(e) Recommendations of public education and research specific to that area that would assist in addressing the issues related to the area of ground water concern; and
(f) Methods of implementing best practicable management practices to improve ground water quality in the area.
(3) The availability of the draft local action plan and announcement of a 30-day public comment period shall be publicized in a newspaper of general circulation in the area designated as an area of ground water concern. Suggestions provided to the ground water management committee during the public comment period shall be considered by the ground water management committee in determining the final action plan.
(4) The ground water management committee may request the department to arrange for technical advice and assistance from appropriate state agencies and higher education institutions.
(5) A ground water management committee preparing or carrying out an action plan in an area of ground water concern or in a ground water management area may apply for a grant under ORS 468B.169 for limited funding for staff or for expenses of the ground water management committee. [Formerly 536.145]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.180 - Declaration of ground water management area; standards.

(1) The Department of Environmental Quality shall declare a ground water management area if, as a result of information provided to the department or from its statewide monitoring and assessment activities under ORS 468B.190, the department confirms that, as a result of suspected nonpoint source activities, there is present in the ground water:
(a) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165; or
(b) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165.
(2) A declaration under subsection (1) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected.
(3) Before declaring a ground water management area under subsections (1) and (2) of this section, the agency shall have a second laboratory confirm the results that cause the agency to make the declaration. [Formerly 468.698]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.182 - Alternative appointment of ground water management committee.

After the declaration of a ground water management area, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall appoint a ground water management committee for the affected area if a ground water management committee has not already been appointed under ORS 468B.177. If the affected area had previously been designated an area of ground water concern, the same ground water management committee appointed under ORS 468B.177 shall continue to address the ground water issues raised as a result of the declaration of a ground water management area. [Formerly 536.153]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.183 - Duties of ground water management committee after declaration of ground water management area.

After the declaration of a ground water management area, a ground water management committee created under ORS 468B.179 shall:
(1) Evaluate those portions of the local action plan, if any, that achieved a reduction in contaminant level;
(2) Advise the state agencies developing an action plan under ORS 468B.184 to 468B.187 regarding local elements of the plan; and
(3) Analyze the local action plan, if any, developed pursuant to ORS 468B.179 to determine why the plan failed to improve or prevent further deterioration of the ground water in the ground water management area designated in the declaration. [Formerly 536.149]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.184 - Designation of lead agency for development of action plan; contents of action plan.

(1) After a ground water management area is declared, the Department of Environmental Quality shall designate a lead agency responsible for developing an action plan and request other agencies to assume appropriate responsibilities for preparation of a draft action plan within 90 days after the declaration. The agencies shall develop an action plan to reduce existing contamination and to prevent further contamination of the affected ground water aquifer. The action plan shall include, but need not be limited to:
(a) Identification of practices that may be contributing to the contamination of ground water in the area;
(b) Consideration of all reasonable alternatives for reducing the contamination of the ground water to a level below that level requiring the declaration of a ground water management area;
(c) Recommendations of mandatory actions that, when implemented, will reduce the contamination to a level below that level requiring the declaration of ground water management area;
(d) A proposed time schedule for:
(A) Implementing the lead agency’s recommendations;
(B) Achieving estimated reductions in concentrations of the ground water contaminants; and
(C) Public review of the action plan;
(e) Any applicable provisions of a local action plan developed for the area under a declaration of an area of ground water concern; and
(f) Required amendments of affected city or county comprehensive plans and land use regulations in accordance with the schedule and requirements of periodic review set forth in ORS chapters 197 and 197A to address the identified ground water protection and management concerns.
(2) If a ground water management area is located on agricultural lands or in an area designated as an exclusive farm use zone under ORS 215.203, the State Department of Agriculture shall be responsible for developing the portion of the action plan that addresses farming practices as defined in ORS 30.930. [Formerly 536.157]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.186 - Comment on plan; final plan.

(1) After completion and distribution of the draft action plan under ORS 468B.184, the lead agency shall provide a 60-day period of public comment on the draft action plan and the manner by which members of the public may review the plan or obtain copies of the plan. A notice of the comment period shall be published in two issues of one or more newspapers having general circulation in the counties in which the designated area of the ground water emergency is located, and in two issues of one or more newspapers having general circulation in the state.
(2) Within 60 days after the close of the public comment period, the lead agency shall complete a final action plan. All suggestions and information provided to the lead agency during the public comment period shall be considered by the lead agency and when appropriate shall be acknowledged in the final action plan. [Formerly 536.161]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.187 - Acceptance or rejection of action plan; rules.

(1) The Department of Environmental Quality shall, within 30 days after completion of the final action plan, accept the final action plan or remand the plan to the lead agency for revision in accordance with recommendations of the department and other agencies participating in development of the plan. If the plan is remanded for revision, the lead agency shall return the revised final action plan to the department within 30 days.
(2) Within 120 days after the department accepts the final action plan, each agency of the group that is responsible for implementing all or part of the plan shall adopt rules necessary to carry out the agency’s duties under the action plan. If two or more agencies are required to initiate rulemaking proceedings under this section, the agencies shall consult with one another to coordinate the rules. The agencies may consolidate the rulemaking proceedings. [Formerly 536.165]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.188 - Repeal of declaration of ground water management area.

(1) If, after implementation of the action plan developed by affected agencies under ORS 468B.184 to 468B.187, the ground water improves so that the levels of contaminants no longer exceed the levels established under ORS 468B.180, the Department of Environmental Quality shall determine whether to repeal the ground water management area declaration and to establish an area of ground water concern.
(2) Before the declaration of a ground water management area is repealed under subsection (1) of this section, the Department of Environmental Quality must find that, according to the best information available, a new or revised local action plan exists that will continue to improve the ground water in the area and that the Department of Environmental Quality finds can be implemented at the local level without the necessity of state enforcement authority.
(3) Before the Department of Environmental Quality terminates any mandatory controls imposed under the action plan created under ORS 468B.184 to 468B.187, the ground water management committee must produce a local action plan that includes provisions necessary to improve ground water in the area and that the department finds can be implemented at the local level without the necessity of state enforcement authority. [Formerly 536.169]
Note:
See note under 468B.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.190 - Ground water monitoring and assessment.

(1) In cooperation with the Water Resources Department, the Department of Environmental Quality and the Oregon State University Agricultural Experiment Station shall conduct an ongoing statewide monitoring and assessment program of the quality of the ground water resource of this state. The program shall be designed to identify:
(a) Areas of the state that are especially vulnerable to ground water contamination;
(b) Long-term trends in ground water quality;
(c) Ambient quality of the ground water resource of Oregon; and
(d) Any emerging ground water quality problems.
(2) The Oregon State University Agricultural Experiment Station shall forward copies of all information acquired from the statewide monitoring and assessment program conducted under this section to the Department of Environmental Quality for inclusion in the central repository of information about Oregon’s ground water resource established pursuant to ORS 468B.167. [Formerly 468B.185]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.195 - Underground injection control program of federal Safe Drinking Water Act; rules; fees.

(1) The Environmental Quality Commission may perform or cause to be performed any acts necessary for the implementation within this state of the underground injection control program of the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as in effect on June 4, 2007, and federal regulations or guidelines issued pursuant to the Safe Drinking Water Act. The commission may adopt all rules necessary for the administration and implementation of this subsection.
(2) The commission by rule may establish a schedule of fees for the subsurface injection of fluids. Fees established under this section are in addition to fees imposed pursuant to ORS 468.065 for permits issued pursuant to ORS 468B.050.
(3) Any fees received under subsection (2) of this section shall be deposited in the State Treasury to the credit of the Subsurface Injection Fluids Account established under ORS 468B.197. [2007 c.297 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.203 - Applicability of 468B.200 to 468B.230.

The provisions of ORS 468B.200 to 468B.230 apply to animal feeding operations regulated under 33 U.S.C. 1342 only to the extent that the operation of the provisions of ORS 468B.200 to 468B.230 is consistent with federal law, regulations or guidelines issued pursuant to the Federal Water Pollution Control Act, P.L. 92-500, as amended. [2001 c.248 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.205 - Definition of confined animal feeding operation; rules.

(1) As used in ORS 468B.200 to 468B.230, "confined animal feeding operation" has the meaning given that term in rules adopted by the State Department of Agriculture or the Department of Environmental Quality. The definition must distinguish between various categories of animal feeding operations, including but not limited to those animal feeding operations that are subject to regulation under 33 U.S.C. 1342.
(2) A rule implementing ORS 468B.200 to 468B.230 may not be adopted using the procedures provided in ORS 183.337 for agency adoption of federal rules. [Formerly 468.687; 2001 c.248 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.210 - Maximum number of animals per facility; determination.

(1) All permits for confined animal feeding operations issued under ORS 468B.050 shall specify the maximum number of animals that may be housed at the facility.
(2) The maximum number of animals specified in a permit shall be determined for each facility on the basis of the capacity of the particular confined animal feeding operation to contain, treat, hold and dispose of wastes as necessary to comply with all conditions of the permit.
(3) Any confined animal feeding operation that exceeds by more than 10 percent or 25 animals, whichever is greater, the maximum number of animals specified in its permit shall be considered in violation of the permit and the owner or operator shall be subject to enforcement action under ORS 468.140 or 468.943. [Formerly 468.688; 1993 c.422 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.212 - Land use compatibility statement; permitted or conditional use required.

(1) Prior to applying for a permit under ORS 468B.050, an applicant for a proposed confined animal feeding operation shall request, from the city or county in which the confined animal feeding operation is proposed to be located, a land use compatibility statement that authorizes the land use.
(2) The land use compatibility statement must demonstrate that the requested permit pertains to a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located.
(3) The Department of Environmental Quality or the State Department of Agriculture may not issue the permit under ORS 468B.050 if the land use compatibility statement demonstrates that the proposed land use is prohibited in the applicable zone. [2023 c.465 §14]
Note:
468B.212 and 468B.213 were enacted into law by the Legislative Assembly but were 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.213 - Authority of city or county to require setback or buffer for new large confined animal feeding operation.

Notwithstanding ORS 30.935, 215.253 (1) and 633.738, the governing body of a city or county in which a new large confined animal feeding operation, as defined in ORS 468B.215, is proposed to be located may require the new large confined animal feeding operation to include a setback or buffer, composed of a natural or created vegetative barrier, berm or terrain, in the production area of the new large confined animal feeding operation, if the parcel of land on which the new large confined animal feeding operation would be located is adjacent to a parcel on which:
(1) A residential structure is lawfully sited; or
(2) A structure that was lawfully sited when constructed, but no longer conforms with or is allowed under new or changed land use requirements, is sited. [2023 c.465 §15]
Note:
See note under 468B.212.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.217 - Memorandum of understanding with Department of Agriculture.

(1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to operate a program for the prevention and control of water pollution from a confined animal feeding operation.
(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:
(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the control and prevention of water pollution from a confined animal feeding operation.
(b) May enter onto and inspect, at any reasonable time, a confined animal feeding operation or appurtenant land for the purpose of investigating a source of water pollution or to ascertain compliance with a statute, rule, standard or permit condition relating to the control or prevention of water pollution from the operation. The State Department of Agriculture shall have access to a pertinent record of a confined animal feeding operation including but not limited to a blueprint, design drawing and specification, maintenance record or log, or an operating rule, procedure or plan. [1993 c.567 §2; 2003 c.14 §304]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.219 - Nutrient application permit; rules.

(1) The State Department of Agriculture may issue a nutrient application permit.
(2) As applicable, the permit must concern, but need not only concern:
(a) The rate of nutrient application.
(b) The source of the nutrients.
(c) The placement of the nutrients.
(d) The timing of nutrient application.
(e) The volume of wastewater applied to the surface of the lands per time period.
(3) Except as authorized under an NPDES or WPCF permit, a person may apply manure, litter, wastewater or processed waste from a confined animal feeding operation on lands in a ground water management area declared under ORS 468B.180 only if the person holds a permit under this section.
(4) A person that holds a permit under this section shall provide the confined animal feeding operation from which the person receives manure, litter, wastewater or processed waste with a copy of the permit.
(5) The department may adopt rules to implement this section, including rules that establish:
(a) Recordkeeping requirements for a person that holds a permit under this section.
(b) Criteria for inspections to ensure compliance with this section.
(c) Fees for permits under this section.
(6) As used in this section, "NPDES" and "WPCF" have the meanings given those terms in ORS 561.255. [2023 c.465 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.220 - Civil penalty for violation of permit requirement.

Any owner or operator of a confined animal feeding operation who has not applied for or does not have a permit required by ORS 468B.050 shall be assessed a civil penalty of $500 in addition to other penalties that the Director of the Department of Environmental Quality may assess. [Formerly 468.690]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.225 - Prerequisite for investigation; written complaint; security deposit.

(1) Prior to conducting an investigation of an animal feeding operation under ORS 468B.217 on the basis of a complaint, the State Department of Agriculture shall:
(a)(A) Require the person making the complaint to specify the complaint in writing; or
(B) Make a detailed written record of the complaint; and
(b) Determine which provision of ORS chapter 468 or 468B, which rule adopted under ORS chapter 468 or 468B or which permit issued under ORS chapter 468 or 468B the operator of the animal feeding operation may have violated.
(2) If, upon investigation under ORS 468B.217 on the basis of a complaint received under subsection (1) of this section, the State Department of Agriculture determines that an animal feeding operation has not violated a provision of ORS chapter 468 or 468B, a rule adopted under ORS chapter 468 or 468B or the conditions of a permit issued under ORS chapter 468 or 468B, and the department has reason to believe that the complaint was groundless and made for the purpose of harassing the operator, the department may refuse to consider future complaints made by the person. [1996 c.5 §6 (enacted in lieu of 468B.224); 2001 c.248 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.305 - Entry of oil into waters of state prohibited; exceptions.

(1) It shall be unlawful for oil to enter the waters of the state from any ship or high hazard train route or from any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault of the person having control over the oil, or regardless of whether the entry is the result of intentional or negligent conduct, accident or other cause. Such entry constitutes pollution of the waters of the state.
(2) Subsection (1) of this section shall not apply to the entry of oil into the waters of the state under the following circumstances:
(a) The person discharging the oil was expressly authorized to do so by the Department of Environmental Quality, having obtained a permit therefor required by ORS 468B.050;
(b) Notwithstanding any other provision of ORS 466.640, 468B.025 or 468B.050 or this section, the person discharging the oil was expressly authorized to do so by a federal on-scene coordinator or the department in connection with activities related to the removal of or response to oil that entered the waters of the state; or
(c) The person having control over the oil can prove that the entry thereof into the waters of the state was caused by:
(A) An act of war or sabotage or an act of God.
(B) Negligence on the part of the United States Government, or the State of Oregon.
(C) An act or omission of a third party without regard to whether any such act or omission was or was not negligent. [Formerly 449.157 and then 468.785; 1995 c.535 §1; 2019 c.581 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.310 - Liability for violation of ORS 468B.305; exceptions.

(1) Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the oil to which the damages relate, entered the waters of the state by causes set forth in ORS 468B.305 (2).
(2) Nothing in this section shall be construed as limiting the right of a person owning or having control of oil to maintain an action for the recovery of damages against another person for an act or omission of such other person resulting in the entry of oil into the waters of the state for which the person owning or having control of such oil is liable under subsection (1) of this section.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section:
(a) A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 is not liable to the State of Oregon for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 to 465.485 and 468B.300 to 468B.500 that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.
(b) A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 is not liable to the State of Oregon or any person for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 to 465.485 and 468B.300 to 468B.500 that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.
(c) An authority created under ORS 465.600 to 465.621 is not liable to the State of Oregon or any person for any entry of oil into the waters of this state from a facility that is subject to ORS 465.200 to 465.485 and 468B.300 to 468B.500 that occurred before the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent. [Formerly 449.159 and then 468.790; 2011 c.487 §4; 2015 c.631 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.315 - Duty to collect and remove oil; dispersal of oil.

(1) In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over oil which enters the waters of the state in violation of ORS 468B.305 to collect and remove the oil immediately.
(2) If it is not feasible to collect and remove the oil, the person shall take all practicable actions to contain, treat and disperse the oil.
(3) The Director of the Department of Environmental Quality shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for use under this section whenever it appears to the director that use thereof would be detrimental to the public interest. [Formerly 449.161 and then 468.795]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.320 - Action by state; liability for state expense; order; appeal.

(1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to collect, remove, treat, contain or disperse oil which enters into the waters of the state.
(2) The Director of the Department of Environmental Quality shall keep a record of all necessary expenses incurred in carrying out any action authorized under this section, including a reasonable charge for costs incurred by the state, including state’s equipment and materials utilized.
(3) The authority granted under this section shall be limited to actions which are designed to protect the public interest or public property.
(4) Any person who fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, shall be responsible for the necessary expenses incurred by the state in carrying out actions authorized by this section.
(5) Based on the record compiled by the director pursuant to subsection (2) of this section, the Environmental Quality Commission shall make a finding and enter an order against the person described in subsection (4) of this section for the necessary expenses incurred by the state in carrying out the action authorized by this section. The order may be appealed pursuant to ORS chapter 183 but not as a contested case. [Formerly 449.163 and then 468.800]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.325 - Director’s right of entry in response to spill or release of oil or hazardous material; state liability for damages.

(1) The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises, ship or place for the purpose of investigating, controlling, collecting, removing, treating, containing or dispersing a spill or release or threatened spill or release of oil or hazardous material.
(2) The director may enter upon a ship under this section based on a threatened spill or release of oil or hazardous material only if the director has documented facts supporting the director’s belief that the ship represents a threat for the spill or release of oil or hazardous material.
(3) Damages, other than those caused by the spill or release or threatened spill or release of oil or hazardous material, suffered from the actions of the director pursuant to subsection (1) of this section are the responsibility of the state. [Formerly 468.802; 2013 c.680 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.330 - Action to collect costs.

(1) If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time provided in subsection (2) of this section, the Attorney General, upon the request of the Director of the Department of Environmental Quality, shall bring action in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of any other county in which the violation may have taken place to recover the amount specified in the order of the commission.
(2) Payment must be made within 15 days after the end of the appeal period or, if an appeal is filed, within 15 days after the court renders its decision if the decision affirms the order. [Formerly 449.165 and then 468.805]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.335 - Effect of federal regulations of oil spillage.

Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement or prohibition is in conflict with any applicable federal law or regulation. [Formerly 449.175 and then 468.815]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.337 - Liquefied natural gas.

The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state or while the gas is at a facility that receives liquefied natural gas from a vessel. [2007 c.157 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468B - Water Quality › Section 468B.340 - Legislative findings and intent.

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