reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.350 - Post-closure permit; fee.

(1) At the time a PCB disposal facility is closed, the person permitted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to operate the facility must obtain a post-closure permit from the Department of Environmental Quality.
(2) A post-closure permit issued under this section must be maintained until the end of the post-closure period established by the Environmental Quality Commission by rule.
(3) In order to obtain a post-closure permit the permittee must provide post-closure care which shall include at least the following:
(a) Monitoring and security of the PCB disposal facility; and
(b) Any remedial action necessary to protect the public health and safety and environment.
(4) The commission may by rule establish a post-closure permit application fee. [1985 c.670 §33; 1987 c.540 §52]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.355 - Interstate cooperation regarding toxics use and hazardous waste reduction programs.

(1) The Department of Environmental Quality shall work with representatives of the States of Washington, Idaho and Alaska to establish provisions in each state to assure that any generator disposing of hazardous waste or PCB at an Oregon hazardous waste or PCB disposal facility has implemented a toxics use reduction and hazardous waste reduction program substantially equivalent to any toxics use reduction and hazardous waste reduction program required of Oregon generators.
(2) The department shall report to the appropriate legislative interim committee on the department’s progress in carrying out the purpose of subsection (1) of this section. [1989 c.833 §100]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.357 - Requirements for certain generators of hazardous waste.

Any person operating a hazardous waste or PCB disposal facility pursuant to a permit issued under ORS 466.005 to 466.385 shall not accept hazardous waste or PCB from an Oregon generator unless the generator first certifies that the generator has implemented a toxics use reduction and hazardous waste reduction program as required under Oregon law, or with respect to an out-of-state generator, the generator has certified compliance with the waste minimization requirements of section 224(a) of the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616. [1989 c.833 §99]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.360 - Policy.

(1) The Legislative Assembly finds that:
(a) Disposal sites exist on certain lots or parcels of real property within Oregon that may restrict future land development or constitute a potential hazard to the health, safety and welfare of Oregon’s citizens, particularly if present or future owners use or modify the parcels without taking into consideration the use restrictions or environmental hazards posed by the former disposal activity.
(b) Permits, licenses and approvals that have been or may be granted by the Environmental Quality Commission, the Department of Environmental Quality or the Energy Facility Siting Council authorizing disposal of waste upon real property protect the health, safety and welfare of Oregon citizens only if adequate notice of post-closure use restrictions is given to future purchasers of the real property.
(c) Disposal sites created prior to regulation may be potentially hazardous if use restrictions are not imposed.
(d) Proper precautions and maintenance cannot be taken and continued unless the location of the disposal site, the nature and extent of its potential hazard and use restrictions are known to cities and counties and those who own and occupy the property.
(2) It is hereby declared to be the public policy of this state to give notice to local governments of potential hazardous disposal sites and to impose use restrictions on those sites. [1985 c.273 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.365 - Commission authority to establish sites for which notice is required; rulemaking; report to Legislative Assembly.

(1) The Environmental Quality Commission may establish by rule adopted under ORS chapter 183:
(a) A list of sites for which environmental hazard notices must be given and use restrictions must be imposed. The list shall be consistent with the policy set forth in ORS 466.360 and may include any of the following sites that contain potential hazards to the health, safety and welfare of Oregon’s citizens:
(A) A land disposal site as defined by ORS 459.005;
(B) A hazardous waste disposal site as defined by ORS 466.005;
(C) A disposal site containing radioactive waste as defined by ORS 469.300; and
(D) A facility.
(b) The form and content of use restrictions to be imposed on the sites, which shall require at least that post-closure use of the site not disturb the integrity of the final cover, liners or any other components of any containment system or the function of the facility’s monitoring systems, unless the Department of Environmental Quality finds that the disturbance:
(A) Will not increase the potential hazard to human health or the environment; or
(B) Is necessary to reduce a threat to human health or the environment.
(c) The form and content of the environmental hazard notices to be filed with cities and counties.
(d) The circumstances allowing and procedures for removal or amendment of environmental hazard notices and use restrictions provided by the department.
(e) Any other provisions the commission considers necessary for the department to accomplish the purpose of ORS 466.360 to 466.385.
(2) Spills and releases cleaned up pursuant to ORS 466.205 and 468B.315 shall not be listed as sites to be regulated under subsection (1) of this section.
(3) Before hearings on and adoption of rules under subsection (1) of this section, the department shall notify each person who owns a disposal site or an owner or operator of a facility of the rulemaking proceedings.
(4) The department shall report to each Legislative Assembly on any site or facility for which environmental hazard notices and use restrictions have been amended or removed as provided by rule adopted under subsection (1)(d) of this section.
(5) The commission shall not list a site, spill or release under subsection (1) of this section, if the commission finds that within 90 days of receipt of notice under subsection (3) of this section, the owner cleaned up the site, spill or release so it is no longer a potential hazard to the health, safety and welfare of Oregon’s citizens.
(6) As used in this section, "facility" has the meaning given in ORS 465.200. [1985 c.273 §3; 1987 c.735 §25; 1991 c.480 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.370 - Notice to owner; hearing; filing of notice if no objection.

(1) The Department of Environmental Quality shall notify by certified mail any person who owns a lot or parcel upon which a disposal site listed under ORS 466.365 exists. The notice shall:
(a) Describe the disposal site and potentially hazardous environmental conditions;
(b) Describe the use restrictions that will be imposed;
(c) Explain that an environmental hazard notice will be sent to the appropriate city or county under ORS 466.375; and
(d) Advise the person of the procedure for requesting a hearing under subsection (2) of this section.
(2) If any person receiving notice under subsection (1) of this section objects to the use restrictions, the person may request a hearing before the Environmental Quality Commission. The request shall be in writing and must be submitted to the department within 20 days after the person receives the notice under subsection (1) of this section. The hearing shall be conducted according to the provisions for a contested case hearing in ORS 183.413 to 183.497.
(3) If no hearing is requested within 20 days after receipt of the notice, the department shall file the environmental hazard notice with the appropriate city or county. [1985 c.273 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.375 - Filing of notice; content of notice.

The Department of Environmental Quality shall file an environmental hazard notice with the city or county in which a site listed under ORS 466.365 (1) is located. The notice shall contain the following information:
(1) A description of the lot or parcel upon which the disposal site is located;
(2) The restrictions that apply to post-closure use of the property; and
(3) Information regarding the potential environment hazards posed by the disposal site to assist the city or county in complying with ORS 466.385. [1985 c.273 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.380 - Interagency agreement for notices for radioactive waste disposal sites.

The Department of Environmental Quality and the State Department of Energy shall enter into an interagency agreement providing for the implementation of the provisions of ORS 466.360 to 466.385 relating to radioactive waste disposal sites. [1985 c.273 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.385 - Amendment of comprehensive plan and land use regulations; model language; appeal of land use decision related to site requiring notice.

(1) By the first periodic review after development of model language under subsection (2) of this section, the governing body of a city or county shall amend its comprehensive plan and land use regulations as provided in ORS 197.610 to 197.651 to establish and implement policies regarding potentially hazardous environmental conditions on sites listed under ORS 466.365. The land use regulations shall provide that:
(a) The city or county shall not approve any proposed use of a disposal site for which the city or county has received notice under ORS 466.370 until the Department of Environmental Quality has been notified and provided the city or county with comments on the proposed use; and
(b) Within 120 days of receipt of an environmental hazard notice from the Department of Environmental Quality, the city or county shall amend its zoning maps to identify the disposal site.
(2) The Department of Environmental Quality and the Department of Land Conservation and Development shall:
(a) Develop model language for comprehensive plans and land use regulations for use by cities and counties in complying with this section; and
(b) Provide technical assistance to cities and counties in complying with ORS 466.360 to 466.385.
(3) The Department of Environmental Quality may appeal to the Land Use Board of Appeals any final land use decision or limited land use decision made by a city or county regarding any proposed use of a disposal site that has been identified under its comprehensive plan and land use regulations pursuant to this section. [1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30; 2001 c.672 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.445 - Definition.

As used in ORS 466.447 and section 44, chapter 602, Oregon Laws 2023, "Monsanto Settlement Agreement" means the settlement agreement between the State of Oregon and Monsanto Company, Pharmacia LLC and Solutia, Inc., effective December 15, 2022, and any modifications thereto. [2023 c.602 §42]
Note:
466.445 and 466.447 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 466.447 - Polychlorinated Biphenyls Remediation and Restitution Account.

(1) The Polychlorinated Biphenyls Remediation and Restitution Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account.
(2) The Polychlorinated Biphenyls Remediation and Restitution Account consists of:
(a) Proceeds of the Monsanto Settlement Agreement deposited into the account; and
(b) Other amounts deposited in the account from any other source.
(3) Moneys in the Polychlorinated Biphenyls Remediation and Restitution Account are continuously appropriated to the Oregon Department of Administrative Services to be distributed by the department as directed by the Legislative Assembly. The department shall keep a record of moneys transferred into and out of the account.
(4) It is the intent of the Legislative Assembly to allocate moneys from the Polychlorinated Biphenyls Remediation and Restitution Account for environmental remediation or restitutionary projects or purposes having a nexus with environmental harms to air, water, soil or other natural resources, including but not limited to:
(a) Restoring, maintaining and enhancing the quality of Oregon’s air, land, water and other natural resources;
(b) Brownfields remediation or development;
(c) Environmental or natural resource damage assessment or restoration;
(d) Improvements to air or water quality;
(e) Cleanup of contaminated sites;
(f) Remediation of impaired water bodies, sediments or soil;
(g) Restoration or protection of wildlife or wildlife habitats, including fish, aquatic life, marine mammal or bird habitats; or
(h) Other similar air, water, soil or other natural resource environmental remediation or restitutionary projects. [2023 c.602 §43]
Note:
See note under 466.445.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.505 - Definitions for ORS 466.505 to 466.530.

As used in ORS 466.505 to 466.530:
(1) "PCB" means the class of chlorinated biphenyl, terphenyl, higher polyphenyl, or mixtures of these compounds, produced by replacing two or more hydrogen atoms on the biphenyl, terphenyl, or higher polyphenyl molecule with chlorine atoms. "PCB" does not include chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds, that have functional groups attached other than chlorine unless that functional group on the chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures thereof of these compounds, is determined to be dangerous to the public health under ORS 466.525.
(2) "Ppm" means parts per million. [Formerly 468.900]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.510 - Sale of items containing concentrations of PCB prohibited; rules; exceptions.

(1) Except as provided in ORS 466.515, a person shall not sell, manufacture for sale, or use in this state an item, product or material if the item, product or material contains a concentration of PCB equal to or greater than 100 ppm.
(2) The commission by rule may prescribe a lower maximum concentration of PCB for specific items, products or materials if it finds the 100 ppm concentration specified in subsection (1) of this section to be inadequate to protect the public health from the toxic dangers of the PCB contained in that item, product or material. However, an item, product or material for which a lower maximum concentration of PCB is prescribed by federal law, rule or regulation shall not be allowed a concentration of PCB higher than that federal maximum. [Formerly 468.903; 2007 c.71 §147]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.515 - Electric transformers or capacitors exempted; rules.

Notwithstanding ORS 466.510:
(1) PCB or an item, product or material containing PCB may be sold for use or used in this state if it is used in a closed system as a dielectric fluid for an electric transformer or capacitor pursuant to rules of the commission to insure the public health. However, upon adequate documentation of the availability of reasonable substitutes which meet performance standards and environmental acceptability, the commission after public hearing by rule may modify these exclusions in whole or in part by requiring the phasing in of the substitute or substitutes.
(2) An item, product or material containing PCB may be manufactured for sale, sold for use or used in this state pursuant to an exemption certificate issued by the department under ORS 466.520. [Formerly 468.906]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.520 - Exemption certificates; applications; conditions.

(1) A person may make written application to the department for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as it considers necessary for an accurate evaluation of the application.
(2) The department shall grant an exemption for residual amounts of PCB remaining in electric transformer cores after the PCB in a transformer is drained and the transformer is filled with a substitute approved under ORS 466.515.
(3) The department may grant an exemption for an item, product or material manufactured for sale, sold for use, or used by the person if the item, product or material contains incidental concentrations of PCB.
(4) In granting a certificate of exemption, the department shall impose conditions on the exemption in order that the exemption covers only incidental concentrations of PCB.
(5) As used in this section, "incidental concentrations of PCB" means concentrations of PCB which are beyond the control of the person and which are not the result of the person having:
(a) Exposed the item, product or material to concentrations of PCB.
(b) Failed to take reasonable measures to rid the item, product or material of concentrations of PCB.
(c) Failed to use a reasonable substitute for the item, product or material for which the exemption is sought. [Formerly 468.909]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.525 - Additional PCB compounds may be prohibited by rule.

The commission after hearing by rule may include as a PCB and regulate accordingly any chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds that have functional groups attached other than chlorine if that functional group on the chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds is found to constitute a danger to public health. [Formerly 468.912]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.530 - Prohibited disposal of waste containing PCB.

After October 4, 1977, a person shall not dispose of solid or liquid waste resulting from the use of PCB or an item, product or material containing or which has contained a concentration equal to or greater than 100 ppm of PCB except in conformity with rules of the commission adopted pursuant to ORS 466.005 to 466.385 and 466.992. [Formerly 468.921]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.610 - Department authority relating to cleanup of oil or hazardous material.

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality may:
(1) Conduct and prepare independently or in cooperation with others, studies, investigations, research and programs pertaining to the containment, collection, removal or cleanup of oil and hazardous material.
(2) Advise, consult, participate and cooperate with other agencies of the state, political subdivisions, other states or the federal government, in respect to any proceedings and all matters pertaining to responses, remedial actions or cleanup of oil and hazardous material and financing of cleanup costs, including radioactive waste, materials and substances otherwise subject to ORS chapters 453 and 469.
(3) Employ personnel, including specialists and consultants, purchase materials and supplies and enter into contracts with public and private parties necessary to carry out the provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2).
(4) Conduct and supervise educational programs about oil and hazardous material, including the preparation and distribution of information regarding the containment, collection, removal or cleanup of oil and hazardous material.
(5) Provide advisory technical consultation and services to units of local government and to state agencies.
(6) Develop and conduct demonstration programs in cooperation with units of local government.
(7) Perform all other acts necessary to carry out the duties, powers and responsibilities of the department under ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2). [1985 c.733 §2; 1993 c.422 §29; 1999 c.849 §§99,100; 2003 c.75 §41]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.615 - Limit on commission and department authority over radioactive substances.

Nothing in ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) is intended to grant the Environmental Quality Commission or the Department of Environmental Quality authority over any radioactive substance regulated by the Oregon Health Authority under ORS chapter 453, or any radioactive material or waste regulated by the State Department of Energy or Energy Facility Siting Council under ORS chapter 469. [1985 c.733 §3; 1993 c.422 §30; 2009 c.595 §947]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.620 - Emergency response plan.

In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt an oil and hazardous material emergency response master plan consistent with the plan adopted by the Department of Transportation under ORS 453.825 and 453.835, and after consultation with the Department of the State Fire Marshal, the Oregon State Police, the Oregon Fire Chiefs Association and any other appropriate agency or organization. [1985 c.733 §4; 1989 c.833 §92; 2005 c.825 §16; 2021 c.539 §119]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.625 - Rulemaking.

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules including but not limited to:
(1) Provisions to establish that quantity of oil or hazardous material spilled or released which shall be reported under ORS 466.635. The commission may determine that one single quantity shall be the reportable quantity for any oil or hazardous material, regardless of the medium into which the oil or hazardous material is spilled or released.
(2) Establishing procedures for the issuance, modification and termination of permits, orders, collection of recoverable costs and filing of notifications.
(3) Any other provision consistent with the provisions of ORS 401.025, 466.605 to 466.680, 466.900 (3) and (4), 466.995 (2) and 468.070 that the commission considers necessary to carry out ORS 401.025, 466.605 to 466.680, 466.990 (3) and (4), 466.995 (2) and 468.070. [1985 c.733 §5; 1993 c.422 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.630 - Commission designation of substance as hazardous material; rules.

(1) By rule, the Environmental Quality Commission may designate as a hazardous material any element, compound, mixture, solution or substance which when spilled or released into the air or into or on any land or waters of the state may present a substantial danger to the public health, safety, welfare or the environment.
(2) Before designating a substance as hazardous material, the commission must find that the hazardous material, because of its quantity, concentration or physical or chemical characteristics may pose a present or future hazard to human health, safety, welfare or the environment when spilled or released. [1985 c.733 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.635 - Report of spill or release of reportable quantity of hazardous material.

Any person owning or having control over any oil or hazardous material who has knowledge of a spill or release shall immediately notify the Oregon Department of Emergency Management as soon as that person knows the spill or release is a reportable quantity. [1985 c.733 §7; 2007 c.740 §39; 2021 c.539 §76]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.640 - Strict liability for spill or release; exceptions.

(1) Any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release shall be strictly liable without regard to fault for the spill or release or threatened spill or release. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the spill or release of oil or hazardous material was caused by:
(a) An act of war or sabotage or an act of God.
(b) Negligence on the part of the United States Government or the State of Oregon.
(c) An act or omission of a third party without regard to whether any such act or omission was or was not negligent.
(2) Notwithstanding the provisions of subsection (1) of this section:
(a) A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 is not liable to the State of Oregon for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.
(b) A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.
(c) An authority created under ORS 465.600 to 465.621 is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent order. [1985 c.733 §8; 2011 c.487 §3; 2015 c.631 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.645 - Cleanup; failure to complete cleanup.

(1) Any person liable for a spill or release or threatened spill or release under ORS 466.640 shall immediately clean up the spill or release under the direction of the Department of Environmental Quality. Any person liable for a spill or release or a threatened spill or release shall immediately initiate cleanup, whether or not the department has directed the cleanup. The department may require the responsible person to undertake such investigations, monitoring, surveys, testing and other information gathering as the department considers necessary or appropriate to:
(a) Identify the existence and extent of the spill or release;
(b) Identify the source and nature of oil or hazardous material involved; and
(c) Evaluate the extent of danger to the public health, safety, welfare or the environment.
(2) If any person liable under ORS 466.640 does not immediately commence and promptly and adequately complete the cleanup, the department may clean up, or contract for the cleanup of the spill or release or the threatened spill or release.
(3) Whenever the department is authorized to act under subsection (2) of this section, the department directly or by contract may undertake such investigations, monitoring, surveys, testing and other information gathering as it may deem appropriate to identify the existence and extent of the spill or release, the source and nature of oil or hazardous material involved and the extent of danger to the public health, safety, welfare or the environment. In addition, the department directly or by contract may undertake such planning, fiscal, economic, engineering and other studies and investigations it may deem appropriate to plan and direct cleanup actions, to recover the costs thereof and legal costs and to enforce the provisions of ORS 466.605 to 466.680. [1985 c.733 §9; 1987 c.158 §89; 1991 c.650 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.670 - Oil and Hazardous Material Emergency Response and Remedial Action Fund.

(1) The Oil and Hazardous Material Emergency Response and Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil or hazardous material emergency response or remedial action shall be paid into the State Treasury and credited to the fund.
(2) The State Treasurer shall invest and reinvest moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund in the manner provided by law.
(3) The moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund are appropriated continuously to the Department of Environmental Quality to be used in the manner described in ORS 466.675. [1985 c.733 §14; 1989 c.833 §93; 1989 c.966 §54]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.675 - Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund.

Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund may be used by the Department of Environmental Quality for the following purposes:
(1) Funding actions and activities authorized by ORS 466.645, 466.205, 468B.320 and 468B.330.
(2) Providing for the general administration of ORS 466.605 to 466.680 including the payment of personnel costs of the department or any other state agency related to the enforcement of ORS 466.605 to 466.680. [1985 c.733 §15; 1987 c.158 §92; 1989 c.833 §94]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.680 - Responsibility for expenses of cleanup; record; treble damages; order; appeal.

(1) If a person required to clean up oil or hazardous material under ORS 466.645 fails or refuses to do so, the person shall be responsible for the reasonable expenses incurred by the Department of Environmental Quality in carrying out ORS 466.645.
(2) The department shall keep a record of all expenses incurred in carrying out any cleanup projects or activities authorized under ORS 466.645, including charges for services performed and the state’s equipment and materials utilized.
(3) Any person who does not make a good faith effort to clean up oil or hazardous material when obligated to do so under ORS 466.645 shall be liable to the department for damages not to exceed three times the amount of all expenses incurred by the department.
(4) Based on the record compiled by the department under subsection (2) of this section, the Environmental Quality Commission shall make a finding and enter an order against the person described in subsection (1) or (3) of this section for the amount of damages, not to exceed treble damages, and the expenses incurred by the state in carrying out the action authorized by this section. The order may be appealed in the manner provided for appeal of a contested case order under ORS chapter 183.
(5) If the amount of state incurred expenses and damages under this section are not paid by the responsible person to the department within 15 days after receipt of notice that such expenses are due and owing, or, if an appeal is filed within 15 days after the court renders its decision if the decision affirms the order, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount specified in the notice of the director. [1985 c.733 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.710 - Application of ORS 466.706 to 466.882 and 466.994.

ORS 466.706 to 466.882 and 466.994 shall not apply to a:
(1) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.
(2) Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil for consumptive use on the premises where stored.
(3) Septic tank.
(4) Pipeline facility including gathering lines regulated:
(a) Under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671);
(b) Under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2001); or
(c) As an intrastate pipeline facility under state laws comparable to the provisions of law referred to in paragraph (a) or (b) of this subsection.
(5) Surface impoundment, pit, pond or lagoon.
(6) Storm water or waste water collection system.
(7) Flow-through process tank.
(8) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.
(9) Storage tank situated in an underground area if the storage tank is situated upon or above the surface of a floor. As used in this subsection, "underground area" includes but is not limited to a basement, cellar, mine, drift, shaft or tunnel.
(10) Pipe connected to any tank described in subsections (1) to (8) of this section. [Formerly 468.911; 1987 c.539 §18; 1999 c.979 §§9,17; 2001 c.104 §201]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.715 - Legislative findings.

(1) The Legislative Assembly finds that:
(a) Regulated substances hazardous to the public health, safety, welfare and the environment are stored in underground tanks in this state; and
(b) Underground tanks used for the storage of regulated substances are potential sources of contamination of the environment and may pose dangers to the public health, safety, welfare and the environment.
(2) Therefore, the Legislative Assembly declares:
(a) It is the public policy of this state to protect the public health, safety, welfare and the environment from the potential harmful effects of underground tanks used to store regulated substances.
(b) It is the purpose of ORS 466.706 to 466.882 and 466.994 to enable the Environmental Quality Commission to adopt a statewide program for the prevention and reporting of releases and for taking corrective action to protect the public and the environment from releases from underground storage tanks. [1987 c.539 §4 (enacted in lieu of 468.902); 1989 c.1071 §§21,26]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.720 - Statewide underground storage tank program; federal authorization; rules.

(1) The Environmental Quality Commission shall adopt a statewide underground storage tank program. Except as otherwise provided in ORS 466.706 to 466.882 and 466.994, the statewide program shall establish uniform procedures and standards to protect the public health, safety, welfare and the environment from the consequences of a release from an underground storage tank.
(2) The commission and the Department of Environmental Quality shall perform or cause to be performed any act necessary to gain final authorization of a state program for the regulation of underground storage tanks under the provisions of Section 9004 of the Federal Resource Conservation and Recovery Act, P.L. 94-580 as amended and P.L. 98-616, Section 205 of the federal Solid Waste Disposal Act, P.L. 96-482 as amended and federal regulations and interpretive and guidance documents issued pursuant to P.L. 94-580 as amended, P.L. 98-616 and P.L. 96-482. To gain final authorization, the department shall submit an application for state program approval to the United States Environmental Protection Agency. The commission may adopt, amend or repeal any rule necessary to implement ORS 466.706 to 466.882 and 466.994. [Subsection (1) enacted as 1987 c.539 §6; subsection (2) formerly 468.913; 2001 c.754 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.725 - Limitation on local government regulation.

(1) Except as provided in ORS 466.730, a local unit of government may not enact or enforce any ordinance, rule or regulation relating to the matters encompassed by the state program established under ORS 466.720.
(2) Any ordinance, rule or regulation enacted by a local unit of government of this state that encompasses the same matters as the state program shall be unenforceable, except for an ordinance, rule or regulation:
(a) That requires an owner or permittee to report a release to the local unit of government; or
(b) Adopted by a local unit of government operating an underground storage tank program pursuant to a contract entered into according to the provisions of ORS 466.730. [1987 c.539 §8 (enacted in lieu of 468.904)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.727 - Prohibition on local government tax, fee or surcharge.

(1) A local unit of government may not impose any tax, fee or surcharge on soil generated as a result of remedial action or replacement of leaking underground storage tanks if financial assistance from the Underground Storage Tank Compliance and Corrective Action Fund has been provided for the remedial action or tank replacement.
(2) Nothing in this section shall be construed to prevent a local unit of government that owns, leases or operates a site for the disposal, transfer, recovery or treatment of solid waste from charging a fee for disposal or treatment of soil at such site. [1993 c.661 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.730 - Delegation of program administration to state agency or local government by agreement.

(1) The Environmental Quality Commission may authorize the department to enter into a contract or agreement with an agency of this state or a local unit of government to administer all or part of the underground storage tank program.
(2) Any agency of this state or any local unit of government that seeks to administer an underground storage tank program under this section shall submit to the Department of Environmental Quality a description of the program the agency or local unit of government proposes to administer in lieu of all or part of the state program. The program description shall include at least the following:
(a) A description in narrative form of the scope, structure, coverage and procedures of the proposed program.
(b) A description, including organization charts, of the organization and structure of the contracting state agency or local unit of government that will have responsibility for administering the program, including:
(A) The number of employees, occupation and general duties of each employee who will carry out the activities of the contract.
(B) An itemized estimate of the cost of establishing and administering the program, including the cost of personnel listed in subparagraph (A) of this paragraph and administrative and technical support.
(C) An itemization of the source and amount of funding available to the contracting state agency or local unit of government to meet the costs listed in subparagraph (B) of this paragraph, including any restrictions or limitations upon this funding.
(D) A description of applicable procedures, including permit procedures.
(E) Copies of the permit form, application form and reporting form the state agency or local unit of government intends to use in the program.
(F) A complete description of the methods to be used to assure compliance and for enforcement of the program.
(G) A description of the procedures to be used to coordinate information with the department, including the frequency of reporting and report content.
(H) A description of the procedures the state agency or local unit of government will use to comply with trade secret laws under ORS 466.800.
(3) Any program approved by the department under this section shall at all times be conducted in accordance with the requirements of ORS 466.706 to 466.882 and 466.994.
(4) An agency or local unit of government shall exercise the functions relating to underground storage tanks authorized under a contract or agreement entered into under this section according to the authority vested in the commission and the department under ORS 466.706 to 466.882 and 466.994 insofar as such authority is applicable to the performance under the contract or agreement. The agency or local unit of government shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. [1987 c.539 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.735 - Cooperation with Department of Consumer and Business Services and State Fire Marshal.

Nothing in ORS 466.706 to 466.882 and 466.994 is intended to interfere with, limit or abridge the authority of the Department of Consumer and Business Services or the State Fire Marshal, or any other state agency or local unit of government relating to combustion and explosion hazards, hazard communications or land use. The complementary relationship between the protection of the public safety from combustion and explosion hazards, and protection of the public health, safety, welfare and the environment from releases of regulated substances from underground storage tanks is recognized. Therefore, the Department of Environmental Quality shall work cooperatively with the Department of Consumer and Business Services, the State Fire Marshal and local units of government in developing the rules and procedures necessary to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.740 - Noncomplying installation prohibited.

No person shall install an underground storage tank for the purpose of storing regulated substances unless the tank complies with the standards adopted under ORS 466.746 and any other rule adopted under ORS 466.706 to 466.882 and 466.994. [1987 c.539 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.743 - Training on operation, maintenance and testing; rules.

(1) Operators of underground storage tanks shall participate in mandatory training on the proper operation, maintenance and testing of underground storage tanks.
(2) The Environmental Quality Commission shall adopt rules establishing mandatory training requirements. The rules may include, but are not limited to:
(a) A definition of operator, which may include other persons with daily responsibility for on-site operation and maintenance of underground storage tanks who are required to obtain training under this section;
(b) Requirements and specifications for training or testing services; and
(c) A schedule that sets forth compliance dates for each facility.
(3) The commission may accommodate hardship cases in which attendance at a training session is unusually difficult due to special circumstances. An accommodation under this subsection does not exempt a person from the training requirements under subsection (1) of this section. [2001 c.754 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.750 - License procedure for persons servicing underground tanks.

(1) In order to safeguard the public health, safety and welfare, to protect the state’s natural and biological systems, to protect the public from unlawful underground tank installation and retrofit procedures, to assure the highest degree of leak prevention from underground storage tanks and to insure the appropriate cleanup of oil spills and releases, the Environmental Quality Commission may adopt a program to regulate persons providing underground storage tank installation and removal, retrofit, testing, inspection and remedial action services.
(2) The program established under subsection (1) of this section may include a procedure to license persons who demonstrate, to the satisfaction of the Department of Environmental Quality, the ability to service underground storage tanks. This demonstration of ability may consist of written or field examinations. The commission may establish different types of licenses for different types of demonstrations, including but not limited to:
(a) Installation, removal, retrofit and inspection of underground storage tanks;
(b) Tank integrity testing;
(c) Installation of leak detection systems; and
(d) Cleanup of soil contamination resulting from spills or releases of oil from underground storage tanks.
(3) The program adopted under subsection (1) of this section may allow the department after opportunity for hearing under the provisions of ORS chapter 183, to revoke a license of any person offering underground storage tank services who commits fraud or deceit in obtaining a license or who demonstrates negligence or incompetence in performing underground tank services.
(4) The program adopted under subsection (1) of this section shall:
(a) Provide that no person may offer to perform or perform services for which a license is required under the program without such license.
(b) Establish a schedule of fees for licensing under the program. The fees shall be in an amount sufficient to cover the costs of the department in administering the program.
(5) The following persons shall apply for an underground storage tank permit from the department:
(a) An owner of an underground storage tank currently in operation;
(b) An owner of an underground storage tank taken out of operation between January 1, 1974, and May 1, 1988; and
(c) An owner of an underground storage tank that was taken out of operation before January 1, 1974, but that still contains a regulated substance. [1987 c.539 §§14,15; 1989 c.926 §42; 1999 c.979 §10; 2001 c.104 §202]