reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.760 - When permit required; who required to sign application.

(1) No person shall install, bring into operation, operate or decommission an underground storage tank without first obtaining a permit from the Department of Environmental Quality.
(2) No person shall deposit a regulated substance into an underground storage tank unless the tank is operating under a permit issued by the department.
(3) Any person who assumes ownership of an underground storage tank from a previous permittee must complete and return to the department an application for a new permit before the person begins operation of the underground storage tank under the new ownership.
(4) Any person who deposits a regulated substance into an underground storage tank or sells an underground storage tank shall notify the owner or operator of the tank of the permit requirements of this section.
(5) The following persons must sign an application for a permit submitted to the department under this section or ORS 466.750 (5):
(a) The owner of an underground storage tank storing a regulated substance;
(b) The owner of the real property in which an underground storage tank is located; and
(c) The proposed permittee, if a person other than the owner of the underground storage tank or the owner of the real property. [1987 c.539 §16; 1989 c.926 §43; 1989 c.1071 §§23,28; 1999 c.979 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.765 - Duty of owner or permittee of underground storage tank.

In addition to any other duty imposed by law and pursuant to rules adopted under ORS 466.706 to 466.882 and 466.994, the owner or the permittee of an underground storage tank shall:
(1) Prevent releases;
(2) Install, operate and maintain underground storage tanks and leak detection devices and develop and maintain records in connection therewith in accordance with standards adopted and permits issued under ORS 466.706 to 466.882 and 466.994;
(3) Furnish information to the Department of Environmental Quality relating to underground storage tanks, including information about tank equipment and regulated substances stored in the tanks;
(4) Promptly report releases;
(5) Conduct monitoring and testing as required by rules adopted under ORS 466.746 and permits issued under ORS 466.760;
(6) Permit department employees or a duly authorized and identified representative of the department at all reasonable times to have access to and to copy all records relating to underground storage tanks;
(7) Pay all costs of investigating, preventing, reporting and stopping a release;
(8) Decommission tanks, as required by rules adopted under ORS 466.746 and permits issued under ORS 466.760;
(9) Pay all fees;
(10) Conduct any corrective action required under ORS 466.810; and
(11) Perform any other requirement adopted under ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §20 (enacted in lieu of 468.905)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.775 - Grounds for refusal, modification, suspension or revocation of permit.

(1) The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the department finds:
(a) A material misrepresentation or false statement in the application for the permit;
(b) Failure to comply with the conditions of the permit; or
(c) Violation of any applicable provision of ORS 466.706 to 466.882 and 466.994, any applicable rule or standard adopted under ORS 466.706 to 466.882 and 466.994 or an order issued under ORS 466.706 to 466.882 and 466.994.
(2) The department may modify a permit issued under ORS 466.760 if the department finds, after notice and opportunity for hearing, that modification is necessary to protect the public health, safety, welfare or the environment.
(3) The department shall modify, suspend, revoke or refuse to issue or renew a permit according to the provisions of ORS chapter 183 for a contested case proceeding. [1987 c.539 §21]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.780 - Variance upon petition.

(1) Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 if the commission finds:
(a) The alternative proposed by the petitioner provides protection to the public health, safety, welfare and the environment, equal to or greater than the rule or standard; and
(b) The alternative proposal is at least as stringent as any applicable federal requirements.
(2) The commission may grant a variance under subsection (1) of this section only if the commission finds that strict compliance with the rule or standard is inappropriate because:
(a) Conditions exist that are beyond the control of the petitioner; or
(b) Special physical conditions or other circumstances render strict compliance unreasonable, burdensome or impracticable.
(3) The commission may delegate the authority to grant a variance to the Department of Environmental Quality.
(4) Within 15 days after the department denies a petition for a variance, the petitioner may file with the commission a request for review by the commission. The commission shall review the petition for variance and the reasons for the department’s denial of the petition within 150 days after the commission receives a request for review. The commission may approve or deny the variance or allow a variance on terms different than the terms proposed by the petitioner. If the commission fails to act on a denied petition within the 150-day period the variance shall be considered approved by the commission. [1987 c.539 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.783 - Installation fee; permit modification fee.

(1) An applicant for a permit to install an underground storage tank shall pay an installation fee of $400 per tank. The applicant shall make payment to the Department of Environmental Quality at the time of application for the installation of an underground storage tank.
(2)(a) When ownership of an existing underground storage tank changes, or when ownership of the property on which an underground storage tank is located changes, the permittee shall pay a permit modification fee of $75. The permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit.
(b) When a permittee changes, the new permittee shall pay a permit modification fee of $75. The new permittee shall make payment to the Department of Environmental Quality at the time of application for the modification of an operating permit.
(3) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.785 - Annual storage tank fee; late payment fee.

(1) Every underground storage tank permittee shall pay an annual fee to the Department of Environmental Quality for each underground storage tank that is subject to the permit requirements under ORS 466.760. The annual fee for each tank shall be as follows:
(a) For the calendar year 2018, $195 per tank.
(b) For the calendar year 2019, $245 per tank.
(c) For the calendar year 2020, $295 per tank.
(d) For the calendar year 2021 and for each subsequent calendar year, $325 per tank.
(2) A permittee shall pay a late fee of $35 for each tank fee required under subsection (1) of this section that is not paid by the specified due date.
(3) Fees collected by the department under this section shall be deposited in the State Treasury to the credit of an account of the department. All fees paid to the department are continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §§23,50; 1989 c.833 §157; 1989 c.935 §1; 1989 c.1071 §§44,45; 1993 c.525 §§1,2,3; 1999 c.884 §1; amendments by 1999 c.884 §3 repealed by 2001 c.754 §17; 2001 c.754 §5; 2005 c.534 §3; 2007 c.479 §1; 2017 c.620 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.787 - Annual service provider fee; biennial supervisor fee.

(1) As used in this section:
(a) "Service provider" means a person or firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage tank services.
(b) "Supervisor" means a person, operating alone or employed by a contractor, who directs and oversees underground storage tank services.
(c) "Underground storage tank services" includes but is not limited to installation, decommissioning, retrofitting, testing and inspection of underground storage tanks.
(2) Pursuant to ORS 466.750:
(a) A supervisor shall pay fees based on the following schedule:
(A) $150 every two years for each license issued for cleanup of underground storage tanks; and
(B) $150 every two years for a license to service underground storage tanks.
(b) A service provider shall pay a fee of $300 per license per year.
(3) Fees collected by the Department of Environmental Quality under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.791 - Underground Storage Tank Compliance and Corrective Action Fund; sources; uses.

(1) The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury.
(2) The following moneys, as they pertain to an underground storage tank, shall be deposited into the State Treasury and credited to the Underground Storage Tank Compliance and Corrective Action Fund:
(a) Moneys recovered or otherwise received from responsible parties for corrective action;
(b) Moneys allocated to the fund from the Administrative Services Economic Development Fund;
(c) As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds made available from multidistrict litigation - 150 oil overcharge settlement moneys or surplus stripper well oil overcharge settlement moneys; and
(d) Any penalty, fine or damages recovered under ORS 466.770.
(3) The State Treasurer may invest and reinvest moneys in the Underground Storage Tank Compliance and Corrective Action Fund in the manner provided by law.
(4) The moneys in the Underground Storage Tank Compliance and Corrective Action Fund are appropriated continuously to the Department of Environmental Quality to be used as provided in subsection (5) of this section.
(5) Moneys in the Underground Storage Tank Compliance and Corrective Action Fund may be used by the department for the following purposes:
(a) Supporting the loan guarantee program established pursuant to section 4, chapter 1071, Oregon Laws 1989;
(b) Repaying moneys advanced under ORS 293.205 to 293.225 to allow the department to begin operating the grant and loan programs established pursuant to section 4, chapter 1071, Oregon Laws 1989, or servicing any debt incurred by the fund;
(c) Administration of the underground storage tank program;
(d) Funding the interest rate subsidies established under section 6a, chapter 863, Oregon Laws 1991;
(e) Funding the underground storage tank insurance premium copayment program established under sections 38 to 46, chapter 863, Oregon Laws 1991; and
(f) Funding of the grants established under section 6, chapter 863, Oregon Laws 1991. [1991 c.863 §16 (enacted in lieu of 466.790); 1993 c.18 §120; 1993 c.661 §5; 1997 c.767 §9; 2001 c.104 §203]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.795 - Underground Storage Tank Insurance Fund.

(1) The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund in the State Treasury to be used solely for the purpose of satisfying the financial responsibility requirements of ORS 466.815.
(2) Moneys transferred by the Department of Environmental Quality from the Underground Storage Tank Compliance and Corrective Action Fund established under ORS 466.791 shall be credited to the Underground Storage Tank Insurance Fund.
(3) The State Treasurer may invest and reinvest moneys in the Underground Storage Tank Insurance Fund in the manner provided by law.
(4) The moneys in the Underground Storage Tank Insurance Fund are appropriated continuously to the department to be used as provided for in subsection (5) of this section.
(5) Moneys in the Underground Storage Tank Insurance Fund may be used by the department for the following purposes, as they pertain to underground storage tanks:
(a) Funding of the underground storage tank insurance premium copayments established under sections 38 to 46, chapter 863, Oregon Laws 1991; and
(b) Payment of the department’s costs in administering the Underground Storage Tank Insurance Fund, which shall be limited to five percent of the premium collected. [1987 c.539 §28; 1989 c.833 §158; 1989 c.935 §§2,3; 1991 c.863 §47]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.800 - Records as public records; exceptions.

(1) Except as provided in subsection (2) of this section, any records, reports or information obtained from any persons under ORS 466.765 and 466.805 shall be made available for public inspection and copying during the regular office hours of the Department of Environmental Quality at the expense of any person requesting copies.
(2) Unless classified by the director as confidential, any records, reports or information obtained under ORS 466.706 to 466.882 and 466.994 shall be available to the public. Upon a showing satisfactory to the director by any person that records, reports or information, or particular parts thereof, if made public, would divulge methods, processes or information entitled to protection as trade secrets under ORS 192.338, 192.345 and 192.355, the director shall classify as confidential such record, report or information, or particular part thereof. However, such record, report or information may be disclosed to any other officer, medical or public safety employee or authorized representative of the state concerned with carrying out ORS 466.706 to 466.882 and 466.994 or when relevant in any proceeding under ORS 466.706 to 466.882 and 466.994.
(3) Any record, report or information obtained or used by the department or the Environmental Quality Commission in administering the statewide underground storage tank program under ORS 466.706 to 466.882 and 466.994 shall be available to the United States Environmental Protection Agency upon request. If the record, report or information has been submitted to the state under a claim of confidentiality, the state shall make that claim of confidentiality to the Environmental Protection Agency for the requested record, report or information. The federal agency shall treat the record, report or information subject to the confidentiality claim as confidential in accordance with applicable federal law. [Formerly 468.910]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.805 - Site inspection; subpoena or warrant.

(1) In order to determine compliance with the provisions of ORS 466.706 to 466.882 and 466.994 and rules adopted under ORS 466.706 to 466.882 and 466.994 and to enforce the provisions of ORS 466.706 to 466.882 and 466.994, any employees of or an authorized and identified representative of the Department of Environmental Quality may:
(a) Enter at reasonable times any establishment or site where an underground storage tank is located;
(b) Inspect and obtain samples of a regulated substance contained in an underground storage tank; and
(c) Conduct an investigation of an underground storage tank, associated equipment, contents or the soil, air or waters of the state surrounding an underground storage tank.
(2) If any person refuses to comply with subsection (1) of this section, the department or a duly authorized and identified representative of the department may obtain a warrant or subpoena to allow such entry, inspection, sampling or copying. [1987 c.539 §30 (enacted in lieu of 468.907)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.810 - Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies.

(1) Whenever the Department of Environmental Quality has reasonable cause to believe that an underground storage tank or the operation of an underground storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994, the department may investigate the underground storage tank.
(2) After the department investigates an underground storage tank under subsection (1) of this section, the department may, without notice or hearing, make such findings and issue such orders as it considers necessary to protect the public health, safety, welfare or the environment.
(3) The findings and orders made by the department under subsection (2) of this section may:
(a) Require changes in the operation, practices or operating procedures found to be in violation of ORS 466.706 to 466.882 and 466.994 or the rules adopted under ORS 466.706 to 466.882 and 466.994;
(b) Require the owner or operator to comply with the provisions of a permit;
(c) Require compliance with a schedule established in the order; and
(d) Require any other actions considered necessary by the department.
(4) After the department issues an order under subsection (2) of this section, the department may decommission the underground storage tank or contract with another person to decommission the underground storage tank.
(5) The department shall serve a certified copy of any order issued by it under subsection (2) of this section to the permittee or the permittee’s duly authorized representative at the address furnished to the department in the permit application or other address as the department knows to be used by the permittee. The order shall take effect 20 days after the date of its issuance, unless the permittee requests a hearing on the order before the Environmental Quality Commission. The request for a hearing shall be submitted in writing within 20 days after the department issues the order.
(6) All hearings under this section shall be conducted according to applicable provisions of ORS chapter 183 for contested cases.
(7) Whenever it appears to the department that any person is engaged or about to engage in any act or practice that constitutes a violation of ORS 466.706 to 466.882 and 466.994 or the rules and orders adopted under ORS 466.706 to 466.882 and 466.994 or of the terms of any permit issued under ORS 466.706 to 466.882 and 466.994, the department, without prior administrative hearing, may institute actions or proceedings for legal or equitable remedies to enforce compliance therewith or to restrain further violations thereof. [1987 c.539 §32; 1999 c.849 §101a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.815 - Financial responsibility of owner or permittee; rules; legislative review.

(1) The Environmental Quality Commission may by rule require an owner or permittee to demonstrate and maintain financial responsibility for:
(a) Taking corrective action;
(b) Compensating a third party for bodily injury and property damage caused by a release; and
(c) Compensating the Department of Environmental Quality, or any other person, for expenses incurred by the department or any other person in taking corrective action.
(2) The financial responsibility requirements established by subsection (1) of this section may be satisfied by insurance, guarantee by third party, surety bond, letter of credit or qualification as a self-insurer or any combination of these methods. In adopting rules under subsection (1) of this section, the commission may specify policy or other contractual terms, conditions or defenses necessary or unacceptable to establish evidence of financial responsibility.
(3) If an owner or permittee is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if jurisdiction in any state or federal court cannot be obtained over either an owner or a permittee likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor. In the case of action under subsection (1)(b) of this section, the guarantor is entitled to invoke all rights and defenses that would have been available to the owner or permittee if the action had been brought against the owner or permittee by the claimant and all rights and defenses that would have been available to the guarantor if the action had been brought against the guarantor by the owner or permittee.
(4) The total liability of a guarantor shall be limited to the aggregate amount the guarantor provided as evidence of financial responsibility to the owner or permittee under subsection (2) of this section. This subsection does not limit any other state or federal statutory, contractual or common law liability of the guarantor for bad faith in negotiating or in failing to negotiate the settlement of any claim. This subsection does not diminish the liability of any person under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, or other applicable law.
(5) Corrective action and compensation programs financed by a fee paid by owners and permittees and administered by the department may be used to satisfy all or part of the financial responsibility requirements of this section.
(6) No rule requiring an owner or permittee to demonstrate and maintain financial responsibility shall be adopted by the commission before review by the appropriate legislative committee as determined by the President of the Senate and the Speaker of the House of Representatives. [1987 c.539 §27]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.820 - Reimbursement to department; procedure for collection; treble damages.

(1) The owner and the permittee of an underground storage tank found to be in violation of any provision of ORS 466.706 to 466.882 and 466.994, shall reimburse the Department of Environmental Quality for all costs reasonably incurred by the department, excluding administrative costs, in the investigation of a leak from an underground storage tank. Department costs may include investigation, design engineering, inspection and legal costs necessary to correct the leak.
(2) Payment of costs to the department under subsection (1) of this section shall be made to the department within 15 days after the end of the appeal period or, if an appeal is filed, within 15 days after the court or the Environmental Quality Commission renders its decision, if the decision affirms the order.
(3) If such costs are not paid by the owner or the permittee of the underground storage tank to the department within the time provided in subsection (2) of this section, the Attorney General, upon the request of the director, 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 department.
(4) In addition to any other penalty provided by law, if any person is found in violation of any provision of ORS 465.200, 466.706 to 466.882, 466.994 and 478.308, the commission or the court may award damages in the amount equal to three times the amount of all expenses incurred by the department in investigating the violation.
(5) Moneys reimbursed shall be deposited to the State Treasury to the credit of an account of the department and are continuously appropriated to the department for the purposes of administering ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §34 (enacted in lieu of 468.914)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.825 - Strict liability of owner or permittee.

The owner and permittee of an underground storage tank found to be the source of a release shall be strictly liable to any owner or permittee of a nonleaking underground storage tank in the vicinity, for all costs reasonably incurred by such nonleaking underground storage tank owner or permittee in determining which tank was the source of the release. [1987 c.539 §35]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.830 - Halting tank operation upon clear and immediate danger.

(1) Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or observation of an identified release, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare, safety or the environment exists from the continued operation of an underground storage tank, the department may, without hearing or prior notice, order the operation of the underground storage tank or site halted by service of an order on the owner or permittee of the underground storage tank or site.
(2) Within 24 hours after the order is served under subsection (1) of this section, the department shall appear in the appropriate circuit court to petition for the equitable relief required to protect the public health, safety, welfare or the environment. [1987 c.539 §36]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.835 - Compliance and correction costs as lien; enforcement.

(1) All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person.
(2) The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1) of this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under subsection (1) of this section with the Secretary of State. The lien shall attach and become enforceable on the date of the filing. The lien claim shall contain:
(a) A statement of the demand;
(b) The name of the person against whose property the lien attaches;
(c) A description of the property charged with the lien sufficient for identification; and
(d) A statement of the failure of the person to conduct compliance and corrective actions as required.
(3) A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of liens.
(4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which a person is liable under the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §37]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.837 - Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules.

(1) Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality shall form an advisory committee to assist the commission in the development of the program.
(2) Permittee participation in the program is voluntary. Participants shall agree to accept the penalty assessed under the program as the final order by the Department of Environmental Quality and shall agree to waive any right to an appeal or any other judicial review of the department’s determination of a violation or assessment of a fine.
(3) A penalty assessed under this program may not be less than $50 or greater than $500 per individual violation. Penalties imposed in the aggregate may not be more than $1,500 per facility per inspection date.
(4) The fees collected by the department under this section shall be deposited into the State Treasury to the credit of an account of the department. All fees paid to the department shall be continuously appropriated to the department for the purposes of providing support to the program, technical assistance or operator training or meeting other needs of the department. [2001 c.754 §13; 2007 c.479 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.840 - Legislative findings.

The Legislative Assembly finds that:
(1) The upgrading of underground storage tanks and the improving of such tanks and associated equipment are necessary to protect the public health and safety and the environment.
(2) The costs of upgrading leaking underground storage tanks, purchasing improved equipment and cleaning up the contamination caused by leaking underground storage tanks, including the costs of disposal, remediation or other treatment of soil contaminated as a result of leaking underground storage tanks, exceed the financial capacity of many owners and operators of underground storage tanks.
(3) The availability of motor vehicle fuel is necessary to create and retain employment and to encourage tourism in Oregon.
(4) It is the intent and policy of the Legislative Assembly to:
(a) Insure the funding and support of remedial action and replacement of leaking underground storage tanks and associated equipment, while allowing the owners and operators to continue to operate their businesses in Oregon; and
(b) In order to insure such funding and support, prevent a local unit of government from imposing taxes, fees or surcharges on soil generated as a result of remedial action or replacement of leaking underground storage tanks. [1993 c.661 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.845 - Commission authority to accept and expend moneys received for financial assistance programs.

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out financial assistance programs for owners and operators of storage tanks containing motor vehicle fuel.
(2) All moneys and the proceeds of all moneys received by the Environmental Quality Commission under this section shall be deposited in the Underground Storage Tank Compliance and Corrective Action Fund to be used for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1993 c.661 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.858 - Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action.

(1) The Environmental Quality Commission shall adopt a heating oil tank program to regulate the decommissioning of heating oil tanks and the corrective action of soil contamination resulting from the release of oil from heating oil tanks.
(2) The program adopted under subsection (1) of this section shall include:
(a) A procedure to license persons who demonstrate, to the satisfaction of the Department of Environmental Quality, the ability to provide heating oil tank services.
(b) An educational pamphlet on the proper procedure to decommission heating oil tanks.
(c) A certification program that allows the department to certify the voluntary decommissioning of heating oil tanks or to approve a corrective action that is certified to be complete by a person licensed under ORS 466.868 to perform such corrective action. [1999 c.979 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.868 - Licensing requirements; annual fee; registry of licensees; revocation of license.

(1) In order to obtain a license under the program established pursuant to ORS 466.858, a person shall provide to the Department of Environmental Quality:
(a) A certificate of insurance in an amount adequate to pay for any additional corrective action necessary as a result of an improper or inadequate decommissioning or corrective action approved by the department.
(b) A summary of all projects completed since the applicant last applied for a license, including the costs of those projects.
(c) For each individual license, a demonstration of ability, which may consist of written or field examinations.
(d) Any other information deemed necessary by the department.
(e) An annual license fee. The fee shall be:
(A) $1,000 for the business, including but not limited to corporations, limited partnerships and sole proprietorships, engaged in the performance of heating oil tank services; and
(B) $100 for each individual employed by the business and charged with the supervisory responsibility to direct and oversee the performance of tank services at a facility.
(2) The department shall maintain a registry of all persons licensed under this section, including a summary of the project information required in the application.
(3) In accordance with ORS chapter 183, the department may revoke a license of any person offering heating oil tank services who commits fraud or deceit in obtaining a license or who demonstrates negligence or incompetence in performing the heating oil tank services. [1999 c.979 §4; 2019 c.457 §§1,2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.872 - Certification of voluntary decommissioning or approval of corrective action; fee.

(1) In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include:
(a) A process for conducting inspections of sites where a heating oil tank has been decommissioned or where a heating oil tank service provider certifies corrective action is complete;
(b) The specific information that a person must submit to certify that corrective action is complete;
(c) Provisions that allow the department to reject certification and require additional corrective action prior to approval by the department that the certification is complete and complies with the standard set forth in ORS 465.315; and
(d) Provisions to require additional information about a decommissioning before certifying the decommissioning.
(2) Any person requesting certification of a heating oil tank decommissioning under subsection (1) of this section shall file a request with the department accompanied by a filing fee of $100.
(3) Any person requesting certification of a heating oil tank corrective action under subsection (1) of this section shall file a request with the department accompanied by a filing fee of:
(a) $250 for a simple corrective action.
(b) $350 for an intermediate corrective action.
(c) $450 for a complex corrective action. [1999 c.979 §6; 2001 c.755 §1; 2007 c.85 §1; 2019 c.457 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.878 - Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank.

(1) When the use of an underground heating oil tank is terminated because the tank is replaced or an oil-heated building or residence is converted to a different primary source of heat:
(a) The property owner shall ensure that the underground heating oil tank has been emptied of oil, which shall be appropriately managed.
(b) The vent line shall be left in place if the tank is not decommissioned.
(c) The person installing the new heating equipment shall advise the property owner that it is illegal to disconnect a heating oil tank without pumping out the tank and that there are practices recommended by the Department of Environmental Quality for decommissioning a heating oil tank.
(2) When real property is sold, the seller shall ensure that any abandoned heating oil tank that is known to be on the property has been emptied of oil, which shall be appropriately managed, and the seller shall provide to the buyer documentation showing that the tank has been emptied. [1999 c.880 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.880

[Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 466.990 in 1997]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.882 - Rules.

The Environmental Quality Commission shall adopt rules necessary to carry out ORS 466.858 to 466.878. The rules shall include but need not be limited to:
(1) A voluntary process for certifying the decommissioning of an abandoned underground heating oil tank;
(2) Information required to be submitted by a licensed heating oil tank service provider or homeowner to allow the Department of Environmental Quality to approve a heating oil tank corrective action;
(3) Rules defining simple, intermediate and complex corrective actions;
(4) Requirements for the approval of decommissioning;
(5) Standards to define adequate tank decommissioning; and
(6) Requirements for the approval by the Department of Environmental Quality of decommissioning of underground heating oil tanks that were decommissioned before August 17, 1999. [1999 c.979 §7; 1999 c.979 §16; 2019 c.457 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.901 - Definitions for ORS 466.901 to 466.915.

As used in ORS 466.901 to 466.915:
(1) "Commission" means the Environmental Quality Commission.
(2) "Corrective action" means remedial action taken to protect the present or future public health, safety or welfare or the environment from a release of aircraft or marine fuel. "Corrective action" includes but is not limited to:
(a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of released aircraft or marine fuel; or
(b) Transportation, storage, treatment or disposal of aircraft or marine fuel or contaminated material from a site.
(3) "Department" means the Department of Environmental Quality.
(4) "Facility" means any one or combination of fuel tanks and pipes connected to the tanks, used to contain an accumulation of aircraft or marine fuel including gasoline or diesel oil, that are located at one contiguous geographical site.
(5) "Fuel tank" means an underground storage tank, as defined in ORS 466.706, used to contain an accumulation of aircraft or marine fuel.
(6) "Investigation" means monitoring, surveying, testing or other information gathering.
(7) "Owner" means the owner of a fuel tank.
(8) "Port" has the meaning given that term in ORS 777.005. "Port" includes an airport, as defined in ORS 836.005, that is owned by a port.
(9) "Release" means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of aircraft or marine fuel from a fuel tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.
(10) "Stage I vapor collection system" means a system where fuel vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the fuel being loaded.
(11) "Stage II vapor collection system" means a system where at least 90 percent, by weight, of the fuel vapors that are displaced or drawn from a fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.
(12) "Waters of the state" has the meaning given that term in ORS 468B.005. [1997 c.788 §1]
Note:
466.901 to 466.920 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 466 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 466 - Hazardous Waste and Hazardous Materials II › Section 466.905 - Eligibility for financial assistance; amount of grants.

(1) Any port that owns or is responsible for a fuel tank holding an accumulation of aircraft or marine fuel for resale may be eligible for the financial assistance program established pursuant to this section and ORS 466.903. The financial assistance may be used to upgrade or replace a fuel tank, conduct corrective action or install stage I and II vapor collection system underground piping, hoses and nozzles at a fuel tank facility in conformity with applicable state and federal fuel tank, air quality and corrective action rules. If the port owns or is responsible for more than one fuel tank facility, the port is eligible for all applicable financial assistance for each facility.
(2) Any port owning or responsible for 12 or fewer tanks, and meeting the criteria in subsection (3) of this section, may be eligible for a fuel tank essential services grant. The grant may be for an amount of 75 percent of eligible project costs but shall not exceed $75,000.
(3) An applicant for a fuel tank essential services grant also shall be the sole supplier of aircraft or marine fuel for the port. [1997 c.788 §3]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.907 - Rules.

The Environmental Quality Commission may adopt rules to implement the financial assistance program established by ORS 466.903 and 466.905. However, to the maximum extent possible, the Department of Environmental Quality shall rely on existing rules adopted by the commission to carry out other programs providing financial assistance to owners or operators of underground storage tank facilities. [1997 c.788 §4]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.910 - Sources of funds; disposition.

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out the financial assistance program established by ORS 466.903 and 466.905.
(2) All moneys and the proceeds of all moneys received by the commission under this section shall be deposited in the Fuel Tank Compliance and Corrective Action Fund to be used for the purposes for which they were made available and shall be expended in accordance with the terms and conditions upon which they were made available. [1997 c.788 §5]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.913 - Fuel Tank Compliance and Corrective Action Fund.

(1) The Fuel Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury.
(2) The following moneys, as they pertain to a fuel tank facility, shall be deposited into the State Treasury and credited to the Fuel Tank Compliance and Corrective Action Fund:
(a) Moneys recovered or otherwise received from responsible parties for corrective action related to a fuel tank facility;
(b) Moneys allocated to the fund from the Administrative Services Economic Development Fund;
(c) Any penalty or damages recovered under ORS 466.770 pertaining to a fuel tank facility; and
(d) Any moneys received pursuant to ORS 466.910.
(3) The State Treasurer may invest and reinvest moneys in the fund in the manner provided by law.
(4) The moneys in the fund are appropriated continuously to the Department of Environmental Quality to be used as provided in subsection (5) of this section.
(5) Moneys in the fund may be used by the department for administration and funding of the essential services grant program established under ORS 466.903 and 466.905. [1997 c.788 §6; 2011 c.597 §207]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.915 - Memorandum of understanding with State Marine Board or Department of Transportation.

The Department of Environmental Quality may enter into a memorandum of understanding with the State Marine Board or the Department of Transportation that provides for the State Marine Board or the Department of Transportation to manage essential services grants awarded to eligible ports, as determined by the Department of Environmental Quality under ORS 466.903 and 466.905. [1997 c.788 §7]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.917 - Priority of financial assistance granted by Director of Transportation.

In rendering financial assistance under ORS 836.015, the Director of Transportation shall give priority to any applicant who requests financial aid to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant under ORS 466.903 and 466.905. In order to receive priority under this section, the applicant shall:
(1) Otherwise meet eligibility requirements for financial assistance under ORS 836.015; and
(2) Be a recipient of a grant under ORS 466.903 and 466.905. [1997 c.788 §8]
Note:
See note under 466.901.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.920 - Priority for distribution of funds by State Marine Board.

Notwithstanding ORS 830.150 (2)(a), in distributing funds under ORS 830.150 (1), the State Marine Board shall give priority to any applicant who applies for funds to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant under ORS 466.903 and 466.905. In order to receive priority under this section, the applicant shall:
(1) Otherwise meet eligibility requirements for receipt of funds distributed under ORS 830.150; and
(2) Be a recipient of a grant under ORS 466.903 and 466.905. [1997 c.788 §9]
Note:
See note under 466.901.