reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.307 - Definitions for ORS 453.307 to 453.414.

As used in ORS 453.307 to 453.414:
(1) "Community right to know regulatory program" or "local program" means any law, rule, ordinance, regulation or charter amendment established, enforced or enacted by a local government that requires an employer to collect or report information relating to the use, storage, release, possession or composition of hazardous substances and toxic substances if a primary intent of the law, rule, ordinance, regulation or charter amendment is the public distribution of the information.
(2) "Emergency service personnel" includes those entities providing emergency services as defined in ORS 401.025.
(3) "Employer" means:
(a) Any person operating a facility that is included in one or more of the 21 standard industrial classification categories in Appendix B of the Natural Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C. 2120); or
(b) Any person operating a facility designated by the State Fire Marshal.
(4) "Fire district" means any agency having responsibility for providing fire protection services.
(5) "Hazardous substance" means:
(a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal;
(b) Any substance for which a material safety data sheet is required by the Director of the Department of Consumer and Business Services under ORS 654.035 and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists; or
(c) Radioactive waste and material as defined in ORS 469.300 and radioactive substance as defined in ORS 453.005.
(6) "Health professional" means a physician licensed under ORS chapter 677, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525, registered nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical services provider.
(7) "Law enforcement agency" has the meaning given that term in ORS 181A.010.
(8) "Local government" means a city, town, county, regional authority or other political subdivision of this state.
(9) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof.
(10) "Trade secret" has the meaning given that term in ORS 192.345 (2). [1985 c.726 §1; 1987 c.259 §5; 1991 c.956 §14; 1993 c.187 §25; 1999 c.1089 §5; 2005 c.825 §17; 2011 c.703 §42; 2014 c.45 §64; 2017 c.356 §74]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.312 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) The public’s health and safety may be endangered by a lack of knowledge about hazardous substances located within this state.
(2) Information on the use of hazardous substances in this state should be made readily available to members of the public, allowing them to take measures to protect themselves against dangers posed to health and safety.
(3) Emergency service personnel must know what types and amounts of hazardous substances are present within this state and where they are located in order to properly protect human life and property.
(4) A need exists to coordinate and make available to emergency service personnel information about the nature and amount of hazardous substances in Oregon.
(5) Access by emergency service personnel to information about hazardous substances assures better protection of homes and recreational facilities, increases safety in the place of employment, improves livability and allows more control over emergency situations. [1985 c.726 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.317 - Hazardous substance survey; rules; information to be supplied.

(1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers:
(a) The identity and hazard classification of the hazardous substance as listed on a material safety data sheet;
(b) The approximate amount and location of the hazardous substance;
(c) The name and telephone number of personnel qualified to give technical, onsite information about hazardous substances; and
(d) Any procedures established by the employer for the control of hazardous substances in the event of an emergency.
(2) In addition to the information to be provided under subsection (1) of this section, the State Fire Marshal may by rule establish additional requirements for obtaining hazardous substance information the State Fire Marshal considers necessary. All rules adopted under this subsection shall be adopted after public hearing in accordance with ORS chapter 183.
(3) Any employer receiving a hazardous substance survey shall complete the hazardous substance survey and return it to the State Fire Marshal not later than March 1 of each year or within 60 days after the date the State Fire Marshal mails the hazardous substance survey, whichever is later.
(4) The State Fire Marshal shall update the hazardous substance survey once every 12 months.
(5) An employer shall update and return the hazardous substance survey on or before March 1 of each year or within 60 days after the date the State Fire Marshal mails the survey, whichever is later, or an employer shall update the hazardous substance survey whenever any substantive information required to be provided changes, whichever situation occurs most often.
(6) The Director of the Department of Consumer and Business Services shall participate in the development and updating of the hazardous substance survey and shall have access to the data included in the survey.
(7) The State Fire Marshal may conduct an inspection to confirm the validity of a hazardous substance survey required by this section. The inspection shall be conducted according to the provisions of ORS 476.150. [1985 c.683 §6; 1985 c.696 §6; 1985 c.726 §4; 1987 c.259 §6; 1991 c.804 §1; 2005 c.825 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.322 - Retention of information; distribution of and access to information.

(1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317.
(2) The State Fire Marshal shall provide copies of the information to each local public health authority as defined in ORS 431.003, fire district and any public or private safety agency participating in the emergency communications system pursuant to ORS 403.105 to 403.250 and, upon request, provide copies of the information to the following agencies located within the geographic jurisdiction of the fire district:
(a) Fire districts and other emergency service personnel responding to a hazardous substance incident;
(b) Health professionals;
(c) Law enforcement agencies; and
(d) Local emergency management agencies as described in ORS 401.305.
(3) The State Fire Marshal may distribute the information provided by an employer under ORS 453.317 to persons outside the jurisdiction of the fire district if the State Fire Marshal considers the information essential to the safe control of an emergency.
(4) In addition to the requirements of subsections (2) and (3) of this section, the State Fire Marshal shall provide, upon request, access to the information provided by employers under ORS 453.317 to any agency of this state. [1985 c.726 §6; 1989 c.793 §27; 2009 c.718 §23; 2015 c.247 §37; 2015 c.736 §98]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.327 - Public access; identity of requester.

(1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.332 and 453.337. A person requesting information under this section may be required to complete the form provided by the Department of the State Fire Marshal pursuant to subsection (2) of this section.
(2) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information under subsection (1) of this section to complete a form developed by the State Fire Marshal. The form shall require the person making the request for information to provide the name and address and proof of identity of the person making the request. [1985 c.726 §7; 2021 c.539 §112]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.332 - When disclosure of identity may be withheld.

(1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if:
(a) Upon a showing satisfactory to the State Fire Marshal, the records, reports or information, or particular parts thereof, if made public, would divulge product identities, methods or processes and are entitled to protection as a trade secret under ORS 192.345; and
(b) Other information provided by the employer describes the properties, quantities stored and used and effects of the hazardous substance.
(2) Under no circumstances shall this section be construed to require the disclosure of information about a process or percentage of mixture that is a trade secret.
(3) A claim of trade secret by the employer, if the claim is substantiated by the Department of Consumer and Business Services or any other agency, may be recognized by the State Fire Marshal as sufficient for purposes of trade secret protection under ORS 453.307 to 453.414 and 476.030.
(4) Site specific information regarding the exact amount and location of a hazardous substance provided to or obtained by the State Fire Marshal or by an agency identified in ORS 453.322 shall be treated by the State Fire Marshal or the agency as confidential.
(5) Any claim of trade secret by an employer pursuant to this section must be made at the time the employer provides the information to the State Fire Marshal. [1985 c.726 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.337 - When disclosure of identity of hazardous substance required.

(1) If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first requiring a written statement of need or a confidentiality agreement. The employer may request a written statement of need and confidentiality agreement as required under subsection (2) of this section as soon as circumstances permit.
(2) In a nonemergency situation, an employer shall disclose a specific hazardous substance identity, if known, otherwise permitted to be withheld under ORS 453.332, to a health professional if the health professional provides a statement of need and enters into a confidentiality agreement with the employer.
(3) A statement of need required under subsection (2) of this section shall:
(a) Be in writing;
(b) Describe in sufficient detail the reason the information is needed;
(c) Explain in detail why disclosure of the specific hazardous substance identity is essential and that without disclosure the health professional would be unable to provide adequate medical assistance; and
(d) Include a description of the procedures to be used to maintain the confidentiality of the disclosed information.
(4) The health professional providing medical assistance and the employer shall enter into a written confidentiality agreement stating that:
(a) The health professional will not use the trade secret information for any purpose other than the health needs asserted; and
(b) The health professional agrees not to release the information under any circumstances except as otherwise authorized by the terms of the agreement or in writing by the employer.
(5) The State Fire Marshal shall establish a uniform form for the confidentiality agreement required under this section. [1985 c.726 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.342 - When incident of injury to be reported; summary of injuries.

Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the Department of the State Fire Marshal. The State Fire Marshal annually shall summarize all incidents reported to the department and the information received as a result of the survey conducted under ORS 453.317. The State Fire Marshal shall submit a copy of the summary to:
(1) The Governor;
(2) The Legislative Assembly;
(3) The Department of Environmental Quality;
(4) The Department of Consumer and Business Services;
(5) The Department of Transportation;
(6) The Environmental Health Sciences Center at Oregon State University;
(7) The Oregon Department of Emergency Management;
(8) The Oregon Health Authority; and
(9) Every public library as defined in ORS 357.400. [1985 c.726 §10; 1993 c.187 §26; 2007 c.740 §38; 2009 c.595 §896; 2021 c.539 §113]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.347 - Emergency response planning.

(1) The State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This planning shall include assisting in and training for the preparation of localized plans setting forth agency responsibilities for on-scene response.
(2) The State Fire Marshal may apply for funds as available to train, equip and maintain an appropriate response capability at the state and local level.
(3) The State Fire Marshal shall issue certificates to local agency personnel who have completed the training.
(4) To the extent practicable, the emergency preparedness and response program for hazardous substances as provided in this section shall be consistent with the program for radioactive material, wastes and substances developed by the State Department of Energy and the Oregon Health Authority under ORS chapters 453 and 469. [1985 c.726 §11; 2009 c.595 §897]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.352 - Exemption from reporting requirements; rules.

The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 and 453.342. Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous substance or substances is not likely to endanger the public health, welfare or safety or the environment. [1985 c.726 §12]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.357 - Civil penalty.

(1) In addition to any other liability or penalty provided by law the State Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per day against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provisions of ORS 453.307 to 453.352 or any order or rule entered or adopted under ORS 453.307 to 453.414.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1985 c.726 §§13,14; 1987 c.259 §7; 1991 c.734 §29]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.362 - Department of Consumer and Business Services to supply employers’ names; reimbursement.

In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers’ names and addresses from the Department of Consumer and Business Services. The Department of the State Fire Marshal shall pay for the expenses incurred by the Department of Consumer and Business Services in providing such information. [1985 c.726 §15; 2021 c.539 §114]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.374 - Hazardous material emergency response system; implementation; contents; rules; fees.

The State Fire Marshal shall establish by rule a plan for the effective implementation of a statewide hazardous material emergency response system, which, to the extent practicable, shall be consistent with the emergency response plan adopted under ORS 466.620. The statewide hazardous material emergency response system shall include, but need not be limited to:
(1) Provisions for coordinating the duties and responsibilities of regional hazardous material response teams, including related procedures for 24-hour dispatching and emergency communications;
(2) A schedule of fees for computing the reimbursement for extraordinary response costs incurred by a regional hazardous material response team as authorized by ORS 453.374 to 453.390; and
(3) Provisions for ongoing training programs for local government and state agency employees involved in response to spills or releases of oil and hazardous material. The Department of Public Safety Standards and Training may coordinate its training programs with emergency response training programs offered by local, state and federal agencies, community colleges and institutes of higher education and private industry in order to reach the maximum number of employees, avoid unnecessary duplication and conserve limited training funds. [1989 c.833 §82; 1993 c.185 §18; 1997 c.853 §39]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.376 - Disclosure of information to State Fire Marshal; entry onto premises.

(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of the State Fire Marshal:
(a) Furnish information relating to the oil or hazardous material; and
(b) Permit the State Fire Marshal at all reasonable times to have access to, and to make copies of, records relating to the type, quantity, storage locations and hazards of the oil or hazardous material.
(2) In order to carry out subsection (1) of this section, the State Fire Marshal may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present.
(3) Any person possessing or holding a quantity of oil or hazardous material meeting or exceeding the reporting criteria established by the State Fire Marshal shall notify the State Fire Marshal of the presence, quantity and other information required under statute or rule, and shall conform to the requirements of ORS 453.307 to 453.414. [1989 c.833 §83; 1999 c.1089 §6; 2001 c.104 §193]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.378 - Disclosure of information to local government official; entry onto premises.

(1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of any authorized local government official, permit the official at all reasonable times to have access to and copy, records relating to the type, quantity, storage locations and hazards of the oil or hazardous material.
(2) In order to carry out subsection (1) of this section a local government official may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present.
(3) As used in this section, "local government official" includes but is not limited to an officer, employee or representative of a county, city, fire department, fire district or police agency. [1989 c.833 §84]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.380 - Regional hazardous material response team; use.

In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307, the State Fire Marshal may assign and make available for use and duty in any county, city or district, under the direction and command of a person designated by the State Fire Marshal, any part of a regional hazardous material response team and specialized equipment that may be necessary to respond to the emergency. [1989 c.833 §81]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.382 - Cost of responding to emergency; responsibility; billing; recovery.

(1) Whenever the State Fire Marshal or a local fire department or district dispatches a regional hazardous material response team to an emergency involving a hazardous material or hazardous substance, the State Fire Marshal or local fire department or district may bill the person responsible for causing the emergency for the cost of responding to the emergency. The State Fire Marshal or the local fire department or district also may bill the responsible party for the cost of billing for and collecting the emergency response costs, including but not limited to the costs of administration, investigation and legal services. The billing shall be on forms established by the State Fire Marshal for such purposes.
(2) If the person fails to pay the cost set forth in a billing within 30 days after the second billing, the State Fire Marshal, acting for the State Fire Marshal or on behalf of the local fire department or district, may either:
(a) Bring an action for the recovery of such unpaid cost from the person responsible for causing the hazardous material or hazardous substance emergency; or
(b) Initiate a contested case hearing according to the applicable provisions of ORS chapter 183.
(3) Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of this section shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (2)(a) of this section. [1989 c.833 §89; 1991 c.804 §3; 1993 c.707 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.384 - Immunity of team members from liability.

During operations authorized under ORS 453.374 to 453.390, members of regional hazardous materials response teams shall be protected and defended from liability under ORS 30.260 to 30.300. [1989 c.833 §85]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.386 - Equipment and personnel; loaning; grants.

(1) In order to accomplish the purposes of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and personnel and make grants for the purchase of equipment and for personnel costs, as funds are available, to any local government participating in the statewide hazardous material emergency response system.
(2) In allocating state equipment and personnel grants under ORS 453.374 to 453.390, the State Fire Marshal may provide up to 90 percent of the financing for the equipment and personnel. A local government receiving grant moneys shall contribute at least 10 percent to the costs. Such contribution may be in a form agreed upon by the local government and the State Fire Marshal and may include, but need not be limited to, providing emergency response to areas outside the local jurisdiction, paying of insurance costs of the equipment or providing maintenance for the equipment. [1989 c.833 §86; 1991 c.356 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.388 - Contracts for equipment, personnel loans or equipment purchases; provisions; rules.

(1) The State Fire Marshal and any local government may enter into contracts with each other concerning eligible equipment or personnel loans or equipment purchases. The contract may include any provisions agreed upon by the parties thereto, and for grants shall include the following provisions:
(a) An estimate of the reasonable personnel costs or cost of the eligible equipment purchases, as determined by the State Fire Marshal.
(b) An agreement by the local government:
(A) To proceed expeditiously with, and complete, the equipment purchases in accordance with plans approved by the State Fire Marshal; and
(B) To provide for the payment of the local government’s share of the personnel costs or the cost of the equipment purchases.
(2) The State Fire Marshal may adopt rules necessary for making and enforcing contracts under this section and establishing procedures to be followed in applying for state equipment and personnel loans or grants authorized by ORS 453.386.
(3) All contracts entered into pursuant to this section shall be subject to approval by the Attorney General as to form. All payments by the state pursuant to such contracts shall be made after audit and upon warrant on vouchers approved by the State Fire Marshal. [1989 c.833 §87; 1991 c.356 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.390 - Revolving fund; use.

(1) When requested in writing by the State Fire Marshal, the Oregon Department of Administrative Services shall draw a warrant on the State Fire Marshal Fund in favor of the State Fire Marshal for use as a revolving fund. The State Treasurer shall hold the revolving fund in a special account against which the State Fire Marshal may draw checks.
(2) The State Fire Marshal may use the revolving fund for the purposes specified in ORS 453.386 and 453.388.
(3) All claims by the State Fire Marshal for reimbursement of advances paid from the revolving fund are subject to approval by the Oregon Department of Administrative Services. When such claims have been approved, a warrant covering them shall be drawn in favor of the State Fire Marshal, charged against the appropriate funds and accounts and used to reimburse the revolving fund.
(4) The State Fire Marshal may disburse moneys from the revolving fund established under subsections (1) to (3) of this section to any local government unable to pay the expenses incurred by a regional hazardous material response team that responds to an emergency within the jurisdiction of the local government or to defray any extraordinary costs of a local response team responding to the emergency. [1989 c.833 §§88,90]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.394 - Oil and Hazardous Material Transportation by Rail Action Fund.

(1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Interest earned by the fund shall be credited to the fund.
(2) All moneys in the fund are continuously appropriated to the Department of the State Fire Marshal only for the payment of costs associated with the development and effective implementation of the plan adopted under ORS 453.392 for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. [2015 c.739 §4; 2021 c.539 §116]
Note:
453.394 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 453 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.396 - Definitions for ORS 453.396 to 453.414.

As used in ORS 453.396 to 453.414:
(1) "Department" means the Department of Revenue.
(2) "Facility" means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with such person.
(3) "Hazardous substance" means any chemical substance or waste for which a material safety data sheet is required by the Department of Consumer and Business Services.
(4) "Material safety data sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with rules of the Department of Consumer and Business Services.
(5) "Person" includes any entity operating a facility that is included in one or more of the standard industrial classification categories identified by the State Fire Marshal or added by the State Fire Marshal under ORS 453.408 (2). "Entity" includes any individual, trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, and the federal government and any agency thereof.
(6) "Possess" or "possession" means the physical possession of a hazardous substance within this state. [1989 c.833 §121; 1993 c.744 §228]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.398 - Purpose.

It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of hazardous substances at facilities in this state. These provisions are not intended to relieve any person from any other duty or responsibility imposed by law. [1989 c.833 §122]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.400 - Possession of hazardous substance; fee.

(1) Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance with the fee schedules established under ORS 453.402.
(2) If any person fails to pay the fee imposed under subsection (1) of this section within 60 days, there shall be added to the fee a penalty of five percent of the amount of the fee. Any payment made after 60 days shall bear interest at the rate prescribed under ORS 305.220.
(3) The fee imposed by this section is in addition to all other state, county or municipal fees on a hazardous substance. [1989 c.833 §§123,130]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.404 - Extension of payment date.

(1) The State Fire Marshal for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 453.396 to 453.414. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, from the time the payment was originally due to the time payment is actually made, shall be added and paid.
(2) If the person fails to pay the amount due, the State Fire Marshal may either:
(a) Bring an action for the recovery of the fee due; or
(b) Initiate a contested case hearing according to the applicable provisions of ORS chapter 183.
(3) Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of this section shall be considered to require the State Fire Marshal to conduct a contested case hearing as a prerequisite to bringing an action under subsection (2)(a) of this section. [1989 c.833 §125; 2017 c.278 §22]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.406 - Records of hazardous substance possessed; examinations.

(1) Every person who possesses a hazardous substance shall keep at its registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used or manufactured at the facility.
(2) The State Fire Marshal or an authorized representative of the State Fire Marshal, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 453.396 to 453.414. [1989 c.833 §126]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.408 - Rules.

(1) The Department of Revenue, in consultation with the State Fire Marshal, is authorized to establish those rules and procedures for the implementation and enforcement of ORS 453.396 to 453.414 that are consistent with its provisions and are considered necessary and appropriate.
(2) The State Fire Marshal by rule may add persons or substances to or exempt persons or substances from liability for the fee imposed under ORS 453.396 to 453.414 to conform to the reporting requirements established by the State Fire Marshal under the Community Right to Know and Protection Act.
(3) Before final adoption of initial rules to carry out the provisions of ORS 453.396 to 453.414 or subsequent amendment of the initial fee schedules established under ORS 453.398, the State Fire Marshal shall obtain prior approval of the fees by the Oregon Department of Administrative Services. The fees established under ORS 453.396 to 453.414 shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board. The fees shall not exceed the cost of the program. [1989 c.833 §§127,131,134; 1991 c.703 §11; 2023 c.602 §8]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.410 - Application of ORS chapters 305 and 314.

The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 453.396 to 453.414, except where the context requires otherwise. [1989 c.833 §128; 1995 c.650 §54]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.412 - Deposit and distribution of moneys received from fees.

All moneys received by the Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 453.396 to 453.414 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be distributed according to the provisions of ORS 453.402. Moneys collected under ORS 453.396 to 453.414 and credited to the Orphan Site Account shall not be used for removal or remedial action costs at solid waste disposal sites for which a fee is collected under ORS 459.311 or 459.236. [1989 c.833 §129]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.414 - Exemption for local government; circumstances allowing.

Nothing in ORS 453.396 to 453.412 shall require units of local government to pay a fee imposed under the schedules established under ORS 453.402 (2)(a) and (b) because of the use of material which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the use of such material by the unit of local government is specifically required by a state or federal law or rule or if the use of such material is reasonably necessary to enable the unit of local government to meet a standard imposed by state or federal law or rule, or is the by-product of processes employed to meet a standard imposed by state or federal rule or law. [1989 c.833 §135]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.520 - Department of the State Fire Marshal as state emergency response commission.

(1) The Governor shall designate the Department of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.).
(2) The department shall:
(a) Provide, in a timely manner, advice to a state agency that is required to consult with the department about programs that involve hazardous materials or hazardous substances; and
(b) Undertake all duties of a state emergency response commission required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but not limited to:
(A) Designating emergency planning districts;
(B) Establishing local emergency planning committees within emergency planning districts and appointing members to the local emergency planning committees; and
(C) Providing comments on local emergency plans. [1987 c.597 §1; 2005 c.825 §14; 2007 c.71 §139; 2021 c.539 §117]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.615 - Statement of policy.

It is the policy of the State of Oregon in furtherance of its responsibility to protect the public health and safety:
(1) To institute and maintain a regulatory program for radiation sources so as to provide for:
(a) Compatibility with the standards and regulatory programs of the federal government;
(b) An integrated effective system of regulation within the state; and
(c) A system consonant insofar as possible with those of other states; and
(2) To institute and maintain a program to permit development and utilization of radiation sources for peaceful purposes consistent with the health and safety of the public. [1961 c.664 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.625 - Purpose of ORS 453.605 to 453.800.

It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set forth in ORS 453.615 by providing for:
(1) A program of effective regulation of radiation sources for the protection of the occupational and public health and safety;
(2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and this state and to facilitate intergovernmental cooperation with respect to use and regulation of radiation sources to the end that duplication of regulation may be minimized;
(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product materials, source materials and special nuclear materials; and
(4) A program to permit maximum utilization of radiation sources consistent with the health and safety of the public. [1961 c.664 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.635 - State Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800.

(1) The Oregon Health Authority is the State Radiation Control Agency, but ORS 453.605 to 453.800 do not apply to a radiation source while it is being transported on a railroad car or in a motor vehicle subject to and in conformity with rules adopted by the Department of Transportation nor do they apply to any matter other than transportation of radiation sources within the authority of the Energy Facility Siting Council under ORS chapter 469. To protect occupational and public health and safety against radiation hazards the authority shall:
(a) Develop programs to evaluate hazards associated with the use of radiation sources; and
(b) With due regard for compatibility with the regulatory programs of the federal government, promulgate standards and make reasonable regulations relating to registration, licensing, use, handling, transport, storage, disposal, other than disposal regulated by ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930, and control of radiation sources, including but not limited to by-product materials, source materials and special nuclear materials.
(2) To protect occupational and public health and safety against radiation hazards the authority or its authorized representative may:
(a) Advise, consult and cooperate with other agencies of this state, the federal government, other states, interstate agencies, political subdivisions of this state or other states and with groups concerned with control of radiation sources;
(b) Encourage, participate in or conduct studies, investigations, training, research or demonstrations relating to control of radiation sources;
(c) Accept and administer loans, grants or other funds or gifts, conditional or otherwise, from the federal government or from any other source, public or private;
(d) Collect and disseminate information relating to control of radiation sources; and
(e) Subject to any applicable provision of the State Personnel Relations Law, appoint officers and employees and prescribe their duties and fix their compensation. [1961 c.664 §4; 1971 c.699 §17; 1977 c.796 §6; 1995 c.733 §44; 2009 c.595 §900]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.645 - Radiation Advisory Committee; composition; compensation and expenses.

The Director of the Oregon Health Authority shall appoint a Radiation Advisory Committee to advise the Oregon Health Authority on matters relating to radiological health and radiation protection. The committee shall consist of eight persons who because of their training and experience are qualified to advise the authority on such matters and they shall serve at the pleasure of the director. The members of the Radiation Advisory Committee are entitled to compensation and expenses as provided in ORS 292.495. [1961 c.664 §4a; 1969 c.314 §47; 1973 c.90 §2; 2009 c.595 §901]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.655 - License or registration required for radiation source.

When under ORS 453.605 to 453.800 a license or registration or both, as the case may be, is required for that purpose, no person shall receive, acquire, own, possess, use, manufacture, produce or transfer any radiation source without the license or registration or both, as the case may be. [1961 c.664 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.665 - Licenses; application; modifications; exemptions; rules.

(1) Subject to subsection (2) of this section, the Oregon Health Authority shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The authority may not require a specific license for the use of an X-ray machine within the limits of the license by a licensed dentist, chiropodist or veterinarian or by a person licensed to practice medicine, chiropractic, naturopathic medicine or any other system or method of healing. Otherwise the authority may require registration or a general or specific license or both registration and a general or specific license with respect to any radiation source.
(2)(a) Each application for a specific license shall be in writing and shall state such information as the authority by rule determines both to be necessary to decide the applicant’s technical, insurance, financial or other qualifications and to be reasonable and necessary to protect occupational and public health and safety. At any time after the filing of the application for and before the expiration of a specific license the authority may require further written statements, and may cause inspections to be made as the authority considers necessary, to determine whether the license should be granted, denied, modified, amended, revised, suspended or revoked. An application for a specific license or any statement relating to that application or to any license must be signed by the applicant or licensee.
(b) Each license shall be in such form and contain terms and conditions the authority considers necessary to protect the occupational and public health and safety.
(c) A general or specific license or right to possess or use a radiation source under a general or specific license may not be assigned in any manner without the approval of the authority.
(d) The terms and conditions of any general or specific license may be modified, amended or revised by rule or order.
(e) Subject to any requirement for registration, the authority may by rule recognize a license from any other state or from the federal government as compliance with a license requirement of this section or of ORS 453.635.
(f) When the authority finds that a radiation source, a use of a radiation source, a user of a radiation source or a class of such sources, uses or users will not constitute a significant risk to the health and safety of the public, the authority may exempt the source, use, user or class, as the case may be, from any requirement for registration or a license. [1961 c.664 §5; 2005 c.21 §1; 2009 c.595 §902; 2017 c.409 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.670

[1969 c.304 §2; 1973 c.182 §10; 1979 c.696 §9; 1989 c.436 §1; 1993 c.728 §1; 1995 c.444 §13; renumbered 453.757 in 1995]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.671 - Vendor license; rules.

(1) Each person shall obtain a vendor license from the Oregon Health Authority before engaging in the business of:
(a) Selling, leasing, transferring, lending, installing, marketing, servicing, inspecting, repairing or calibrating a radiation device or equipment, including an X-ray machine and tanning device; or
(b) Providing consulting services to an owner or operator of a radiation device or equipment, including an X-ray machine and tanning device.
(2) The authority shall require a person to pay an annual $500 fee to obtain or renew the vendor license under subsection (1) of this section.
(3) The authority may adopt rules to carry out this section. [2021 c.513 §6]