reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.930 - Prohibition on use of perchloroethylene and n-propyl bromide; rules.

(1) As used in this section and ORS 466.935:
(a) "Dry cleaning facility" means any facility located in this state that is engaged in dry cleaning apparel and household fabrics for the general public other than a:
(A) Facility located on a United States military base; or
(B) Prison or other penal institution.
(b) "Dry cleaning solvent" means a nonaqueous solvent used for the cleaning of garments or other fabrics at a dry cleaning facility.
(c) "N-propyl bromide" means the substance known as n-propyl bromide or nPB, or by the CAS Registry Number 106-94-5.
(d) "Perchloroethylene" means the substance known as perchloroethylene, perc or tetrachloroethylene, or by the CAS Registry Number 127-18-4.
(2) A person may not use perchloroethylene or n-propyl bromide as a dry cleaning solvent in this state.
(3) The Environmental Quality Commission may adopt rules as necessary to enforce the provisions of this section. [2023 c.262 §5]
Note:
466.930 becomes operative January 1, 2028. See section 8, chapter 262, Oregon Laws 2023.
Note:
466.930 and 466.935 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 466.935 - Enforcement.

(1) The Department of Environmental Quality may enter upon and inspect, at any reasonable time, any dry cleaning facility for the purpose of investigating either an actual or suspected violation of ORS 466.930 or rules adopted under ORS 466.930.
(2) The department may require the owner or operator of any dry cleaning facility to furnish to the department information related to the use of perchloroethylene or n-propyl bromide as a dry cleaning solvent.
(3) The department may, at any reasonable time, inspect and copy a dry cleaning facility’s documents or records related to the use of perchloroethylene or n-propyl bromide as a dry cleaning solvent.
(4) Whenever it appears to the department that any person is engaged or about to engage in any acts or practices that constitute a violation of ORS 466.930 or any rules or orders adopted or entered under ORS 466.930, the department may, without prior administrative notice or hearing, institute actions or proceedings for legal or equitable remedies to enforce compliance with ORS 466.930 or to restrain further violations of ORS 466.930. [2023 c.262 §6]
Note:
466.935 becomes operative January 1, 2028. See section 8, chapter 262, Oregon Laws 2023.
Note:
See second note under 466.930.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.990 - Civil penalties generally.

(1) In addition to any other penalty provided by law, any person who violates ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental Quality Commission rule or any order of the commission or Department of Environmental Quality pertaining to the generation, treatment, storage, disposal or transportation by air or water of hazardous waste, as defined by ORS 466.005, shall incur a civil penalty not to exceed $25,000 for each day of the violation.
(2) The civil penalty authorized by subsection (1) of this section shall be imposed in the manner provided by ORS 468.135.
(3) In addition to any other penalty provided by law, any person who violates a provision of ORS 466.605 to 466.680, or any rule or order entered or adopted under ORS 466.605 to 466.680, shall incur a civil penalty not to exceed $25,000. Each day of violation shall be considered a separate offense.
(4) The civil penalty authorized by subsection (3) of this section shall be imposed in the manner provided by ORS 468.135, except that a penalty collected under this section shall be deposited to the fund established in ORS 466.670. [Formerly 466.880; 2009 c.267 §4]
Note:
The amendments to 466.990 by section 7, chapter 262, Oregon Laws 2023, become operative January 1, 2028. See section 8, chapter 262, Oregon Laws 2023. The text that is operative on and after January 1, 2028, is set forth for the user’s convenience.
(1) In addition to any other penalty provided by law, any person who violates ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental Quality Commission rule or any order of the commission or Department of Environmental Quality pertaining to the generation, treatment, storage, disposal or transportation by air or water of hazardous waste, as defined by ORS 466.005, shall incur a civil penalty not to exceed $25,000 for each day of the violation.
(2) The civil penalty authorized by subsection (1) of this section shall be imposed in the manner provided by ORS 468.135.
(3) In addition to any other penalty provided by law, any person who violates a provision of ORS 466.605 to 466.680, or any rule or order entered or adopted under ORS 466.605 to 466.680, shall incur a civil penalty not to exceed $25,000. Each day of violation shall be considered a separate offense.
(4) The civil penalty authorized by subsection (3) of this section shall be imposed in the manner provided by ORS 468.135, except that a penalty collected under this section shall be deposited to the fund established in ORS 466.670.
(5) In addition to any other penalty provided by law, any person who violates a provision of ORS 466.930, or any rule or order entered or adopted under ORS 466.930, shall incur a civil penalty not to exceed $25,000 for each day of violation.
(6) The civil penalty authorized by subsection (5) of this section shall be imposed in the manner provided by ORS 468.135.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.992 - Civil penalties for damage to wildlife resulting from contamination of food or water supply.

(1) Any person who has care, custody or control of a hazardous waste or a substance that would be a hazardous waste except for the fact that it is not discarded, useless or unwanted shall incur a civil penalty according to the schedule set forth in ORS 496.705 for the destruction, due to contamination of food or water supply by such waste or substance, of any of the wildlife referred to in ORS 496.705 that are the property of the state.
(2) The civil penalty imposed under this section shall be in addition to other penalties prescribed by law. [Formerly 466.890; 2009 c.267 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.994 - Civil penalties for violations of underground storage tank regulations.

(1) Any person who violates any provision of ORS 466.706 to 466.882 and this section, a rule adopted under ORS 466.706 to 466.882 and this section or the terms or conditions of any order or permit issued by the Department of Environmental Quality under ORS 466.706 to 466.882 and this section shall be subject to a civil penalty not to exceed $25,000 per violation per day of violation.
(2) Each violation may be a separate and distinct offense and in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.
(3) The civil penalties authorized under this section shall be imposed in the manner provided by ORS 468.135 except that a penalty collected under subsection (1) of this section shall be deposited to the fund established in ORS 466.791. [Formerly 466.895; 2001 c.754 §7; 2009 c.267 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 466 - Hazardous Waste and Hazardous Materials II › Section 466.995 - Criminal penalties.

(1) Penalties provided in this section are in addition to and not in lieu of any other remedy specified in ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 or 466.992.
(2) Subject to ORS 153.022, violation by any person of a provision of ORS 466.605 to 466.680 or of any rule or order entered or adopted under ORS 466.605 to 466.680 is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $25,000. Each day of violation shall be considered a separate offense.
(3) Subject to ORS 153.022, any person who knowingly violates any provision of ORS 466.706 to 466.882 and 466.994 or the rules adopted under ORS 466.706 to 466.882 and 466.994 commits a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $25,000. Each day of violation shall be deemed a separate offense.
(4) Subject to ORS 153.022, any person who knowingly violates any provision of ORS 465.200 to 465.485 or any rule or order adopted or issued under ORS 465.200 to 465.485 commits a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $25,000. Each day of violation shall be deemed a separate offense.
(5) Notwithstanding ORS 161.655, if a person incurring a fine under this section is a corporation, the corporation shall pay the fine provided for under this section. [Formerly 459.992; (3) enacted by 1985 c.733 §18; 1987 c.158 §93; subsection (4) enacted as 1987 c.539 §38; subsection (5) enacted as 1987 c.735 §24; 1993 c.422 §18; 1999 c.1051 §304; 2009 c.267 §7; 2011 c.597 §208]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.010 - Legislative findings and policy.

The Legislative Assembly finds that the increasing incidence of noise emissions in this state at unreasonable levels is as much a threat to the environmental quality of life in this state and the health, safety and welfare of the people of this state as is pollution of the air and waters of this state. To provide protection of the health, safety and welfare of Oregon citizens from the hazards and deterioration of the quality of life imposed by excessive noise emissions, it is hereby declared that the State of Oregon has an interest in the control of such pollution, and that a program of protection should be initiated. To carry out this purpose, it is desirable to centralize in the Environmental Quality Commission the authority to adopt reasonable statewide standards for noise emissions permitted within this state and to implement and enforce compliance with such standards. [1971 c.452 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.020 - Prohibition on emission of noise in excess of prescribed levels.

Except as provided in ORS 467.131 and 467.133, no person may emit, cause the emission of, or permit the emission of noise in excess of the levels fixed therefor by the Environmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995 s.s. c.3 §40c; 1996 c.8 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.030 - Adoption of noise control rules, levels and standards.

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules relating to the control of levels of noise emitted into the environment of this state and including the following:
(a) Categories of noise emission sources, including the categories of motor vehicles and aircraft.
(b) Requirements and specifications for equipment to be used in the monitoring of noise emissions.
(c) Procedures for the collection, reporting, interpretations and use of data obtained from noise monitoring activities.
(2) The Environmental Quality Commission shall investigate and, after appropriate public notice and hearing, shall establish maximum permissible levels of noise emission for each category established, as well as the method of measurement of the levels of noise emission.
(3) The Environmental Quality Commission shall adopt, after appropriate public notice and hearing, standards for the control of noise emissions which shall be enforceable by order of the commission.
(4) In adopting noise control rules, levels and standards under this section, the Environmental Quality Commission shall not adopt any rule that would impose liability for any activity for which immunity from civil and criminal liability is granted or for which an action for nuisance is prohibited under ORS 467.131 and 467.133. [1971 c.452 §2; 1973 c.107 §1; 1973 c.835 §159; 1995 s.s. c.3 §40d; 1996 c.8 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.035 - Determination of exempt noise emission sources; rules.

(1) In addition to the powers of the Environmental Quality Commission described in ORS 467.060, the commission by rule may exempt a class of activity within a category of noise emission sources from the application of a rule establishing maximum permissible levels of noise emission for that category of noise emission sources.
(2) In determining whether to grant an exemption pursuant to subsection (1) of this section, the commission shall consider:
(a) Protection of the health, safety and welfare of the citizens of this state;
(b) Feasibility and cost of noise abatement; and
(c) Past, present and projected patterns of land use and such state and local laws and regulations as are applicable thereto. [1977 c.511 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.040 - Powers of Environmental Quality Commission; rules.

The Environmental Quality Commission has the power to investigate complaints regarding excessive noise emission, to hold hearings, to issue orders, to make rules, to impose sanctions, and to do any other thing necessary to carry out the policies of this state as set forth in this chapter. [1971 c.452 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.050 - Enforcement powers.

The Environmental Quality Commission shall have the further power to enforce compliance with or restrain violation of this chapter or rules or orders made thereunder in the same manner provided for enforcement proceedings under ORS chapters 468, 468A and 468B. [1971 c.452 §5; 1973 c.826 §5; 1973 c.835 §160; 1974 c.36 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.060 - Variances; issuance, revocation or modification; grounds; rules.

(1) The Environmental Quality Commission by order may grant specific variances from the particular requirements of any rule or standard to such specific persons or class of persons or such specific noise emission source, upon such conditions as it may consider necessary to protect the public health, safety and welfare. The specific variance may be limited in duration. The commission shall grant a specific variance only if it finds that strict compliance with the rule or standard is inappropriate because:
(a) Conditions exist that are beyond the control of the persons applying for the variance;
(b) Special circumstances render strict compliance unreasonable, unduly burdensome or impractical due to special physical conditions or cause;
(c) Strict compliance would result in substantial curtailment or closing down of a business, plant or operation; or
(d) No other alternative facility or method of operating is yet available.
(2) The commission by rule may delegate to the Department of Environmental Quality, on such conditions as the commission may find appropriate, the power to grant variances and to make the finding required by subsection (1) of this section to justify any such variance.
(3) In determining whether or not a variance shall be granted, the commission or the department shall consider the equities involved and the advantages and disadvantages to residents and to the person conducting the activity for which the variance is sought.
(4) A variance may be revoked or modified by the commission. The commission may revoke or modify a variance if it finds:
(a) Violation of one or more conditions of the variance;
(b) Material misrepresentation of fact in the variance application or other representations of the variance holder;
(c) Material change in any of the circumstances relied upon by the commission or department in granting the variance; or
(d) A material change or absence of any of the circumstances set forth in subsection (1)(a) to (d) of this section.
(5) The procedure for denial, modification, or revocation of a variance shall be the procedure for a contested case as provided in ORS chapter 183. [1977 c.511 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.100 - Local regulation of noise sources; exemption from state enforcement; rules.

(1) Pursuant to this chapter, in order to protect the health, safety and welfare of its citizens, a city or county may adopt and enforce noise ordinances or noise standards otherwise permitted by law. A city or county may also adopt such standards for a class of activity exempted by the commission or noise emission sources not regulated by the commission.
(2) The commission may by rule withdraw from enforcement any or all of its rules or standards adopted pursuant to this chapter within the boundaries of any city or county, if the commission finds such city or county:
(a) Has adopted noise standards that are at least as stringent as and no less protective than those standards adopted by the state; and
(b) Has a program of active enforcement of such standards which, in the commission’s view, is at least as protective of the public health, safety and welfare as would be the enforcement provided by the department.
(3) The commission may modify or repeal such a rule as is made in accordance with subsection (2) of this section with regard to any particular city or county if it finds material change in any of the circumstances relied upon by the commission in making such rule. Such rulemaking shall be in conformance with the provisions of ORS chapter 183.
(4) Nothing in this section is intended to preclude contractual arrangements between a city or county and a state agency for services provided for the enforcement of state or local noise emission control standards. [1977 c.511 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.120 - Agricultural and forestry operations; mining or rock processing.

(1) Except as provided in subsection (3) of this section, agricultural operations and forestry operations are exempt from the provisions of this chapter.
(2) As used in this section:
(a) "Agricultural operations" means the current employment of land and buildings on a farm for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals, vermiculture products or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural operations or any combination thereof including the propagation and raising of nursery stock and the preparation and storage of the products raised for human use and animal use and disposal by marketing or otherwise by a farmer on such farm.
(b) "Forestry operations" means an activity related to the growing or harvesting of forest tree species on forestland as defined in ORS 526.324 (1).
(3) The following operations are not exempt from the provisions of subsections (1) and (2) of this section:
(a) The mining or processing of rock, aggregate or minerals within one-half mile of a noise sensitive area, if:
(A) The operation operates more than nine hours per day during the period subject to the daytime standards established by the Environmental Quality Commission under ORS 467.030; or
(B) The operation operates more than five days per week.
(b) Any mining or processing of rock, aggregate or minerals within one-half mile of a noise sensitive area during the period subject to the nighttime noise emission standards established by the Environmental Quality Commission under ORS 467.030. [1979 c.413 §2; 1983 c.730 §2; 1985 c.681 §1; 2005 c.657 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.131 - Exemption from civil or criminal liability based on noise or noise pollution from shooting range.

Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall be immune from civil or criminal liability based upon an allegation of noise or noise pollution so long as:
(1) The allegation results from the normal and accepted activity on the shooting range;
(2) The owner, operator or lessee complied with any applicable noise control law or ordinance existing at the time construction of the shooting range began or no noise control law or ordinance was then existing; and
(3) The allegation results from activity on the shooting range occurring between 7 a.m. and 10 p.m. or conducted for law enforcement training purposes. [1996 c.8 §6 (enacted in lieu of 467.130)]
Note:
467.131 to 467.138 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 467 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 467 - Noise Control › Section 467.133 - Exemption from action for nuisance on basis of noise caused by shooting range.

The owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall not be subject to any action for nuisance and no court in this state shall enjoin the use or operation of such shooting range on the basis of noise or noise pollution so long as:
(1) The allegation results from the normal and accepted activity on the shooting range;
(2) The owner, operator or lessee complied with any applicable noise control law or ordinance existing at the time construction of the shooting range began or no noise control law or ordinance was then existing; and
(3) The allegation results from activity occurring between 7 a.m. and 10 p.m. or conducted for law enforcement training purposes. [1996 c.8 §8 (enacted in lieu of 467.132)]
Note:
See note under 467.131.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.136 - Preemption of certain local regulation of shooting range.

Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a shooting range a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to a shooting range for which no action or claim is allowed under ORS 467.131 and 467.133. [1996 c.8 §10 (enacted in lieu of 467.135)]
Note:
See note under 467.131.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.138 - Limitation on law enforcement training exemption for shooting range.

The exemption allowed under ORS 467.131 and 467.133 for shooting activity conducted for law enforcement training purposes shall be allowed only:
(1) For up to four nights a month; and
(2) After the owner, lessee or operator provides notice of the activity at least one week before the activity occurs by publication in a newspaper of general circulation in a county in which the shooting range is located. [1996 c.8 §12 (enacted in lieu of 467.137)]
Note:
See note under 467.131.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 467 - Noise Control › Section 467.990 - Penalties.

Violation of any provision of this chapter or rules or orders made under the provisions of this chapter is a Class B misdemeanor. Each day of violation shall be considered a separate offense. [1971 c.452 §6; 1973 c.835 §161]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.005 - Definitions.

As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless the context requires otherwise:
(1) "Commission" means the Environmental Quality Commission.
(2) "Department" means the Department of Environmental Quality.
(3) "Director" means the Director of the Department of Environmental Quality.
(4) "Order" has the same meaning as given in ORS 183.310.
(5) "Person" includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.
(6) "Rule" has the same meaning as given in ORS 183.310.
(7) "Standard" or "standards" means such measure of quality or purity for air or for any waters in relation to their reasonable or necessary use as may be established by the commission pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. [Formerly 449.001]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.010 - Environmental Quality Commission; appointment; confirmation; term; compensation and expenses.

(1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565.
(2) The term of office of a member shall be four years, but the members of the commission may be removed by the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties of the member on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 449.016]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.015 - Functions of commission.

It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. In addition, the commission shall perform any other duty vested in it by law. [1973 c.835 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.020 - Rules and standards.

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission.
(2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission. [Formerly 449.173; 1977 c.38 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.030 - Department of Environmental Quality.

There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Environmental Quality and all personnel employed in the department. [Formerly 449.032]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.045 - Functions of director; delegation.

(1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall:
(a) Be administrative head of the Department of Environmental Quality;
(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign, and coordinate personnel of the department;
(c) Administer and enforce the laws of the state concerning environmental quality; and
(d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning environmental quality.
(2) In addition to duties otherwise required by law, the director shall prescribe regulations for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.
(3) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of any such person so acting in the director’s name and by the authority of the director shall be considered to be an official act of the director. [Formerly 449.028]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.050 - Deputy director.

(1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.
(2) The deputy director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the director, and shall be reimbursed for all expenses actually and necessarily incurred by the deputy director in the performance of the official duties of the deputy director. [1973 c.291 §2]
Note:
468.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.052 - Payment by credit card; fee.

The Department of Environmental Quality may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any payment made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to credit card transactions. [2021 c.568 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.053 - Surcharge on fee or invoice.

(1) The Department of Environmental Quality may impose a surcharge of four percent on each fee or invoice generated using the environmental data management system.
(2) Notwithstanding the surcharge percentage rate described in subsection (1) of this section, the department shall reduce the surcharge percentage rate below four percent for a biennium if the department determines that the reduced surcharge percentage rate will be sufficient to defray the costs to the department of licensing and hosting the environmental data management system during the biennium. If the department determines that a reduced surcharge percentage rate will be sufficient, the department shall issue an order on or before January 1 of the odd-numbered year setting forth the reduced surcharge percentage rate for the following biennium. If the department reduces the surcharge percentage rate under this subsection, the surcharge percentage rate shall revert to four percent after the end of the biennium, unless the department issues an additional order as provided in this subsection.
(3) If the department reduces the surcharge percentage rate as described in subsection (2) of this section, the department shall notify all persons with an active account within the environmental data management system of the reduced surcharge percentage rate.
(4) Surcharge moneys collected by the department under this section shall be included in the fee or invoice payment associated with the surcharge and initially deposited into the same fund or account as the fee or invoice payment associated with the surcharge. The department shall periodically transfer all surcharge moneys from the funds or accounts into which surcharge moneys were initially deposited to the Environmental Data Management System Fund established under ORS 468.054. [2021 c.568 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.054 - Environmental Data Management System Fund.

The Environmental Data Management System Fund is established in the State Treasury, separate and distinct from the General Fund. The Environmental Data Management System Fund consists of moneys deposited in the fund under ORS 468.053 and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the Environmental Data Management System Fund are continuously appropriated to the Department of Environmental Quality for the maintenance and operations costs associated with the department’s environmental data management system. [2021 c.568 §4]
Note:
468.054 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.055 - Contracts with Oregon Health Authority.

In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Oregon Health Authority, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority may contract on behalf of their respective agencies for the purposes of carrying out the functions of either agency, defining areas of responsibility, furnishing services or employees by one to the other and generally providing cooperative action in the interests of public health and the quality of the environment in Oregon. Each contracting agency is directed to maintain liaison with the other and to cooperate with the other in all matters of joint concern or interest. [Formerly 449.062; 2009 c.595 §949]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.060 - Enforcement of rules by local health authorities.

On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Oregon Health Authority or to any local public health authority, as defined in ORS 431.003, to enforce any rule of the commission relating to air or water pollution or solid wastes. [Formerly 449.064; 2009 c.595 §950; 2015 c.736 §102]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.062 - Authority of Department of Environmental Quality to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Environmental Quality may require the fingerprints of a person who:
(1) Is employed or applying for employment by the department in the department’s laboratory and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;
(2) Provides services or seeks to provide services to the department’s laboratory as a contractor and is expected to be involved with the receipt, handling or analysis of samples that are associated with a credible terrorist threat and that might contain chemical agents;
(3) Is employed or applying for employment by the department in a position involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents; or
(4) Provides services or seeks to provide services to the department as a contractor involved with the issuance, review or administration of permits for the treatment, disposal or storage of chemical warfare agents. [2005 c.730 §64]
Note:
468.062 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.066 - History of compliance with environmental quality laws.

(1) The Department of Environmental Quality may require an applicant for a permit or license authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 459, 459A, 465, 466, 468, 468A and 468B to provide the department with information reasonably sufficient for the department to evaluate the applicant’s history of compliance with environmental quality laws during the 10-year period prior to the application date.
(2)(a) Information that an applicant may be required to provide under this section includes, but is not limited to:
(A) A list of the applicant’s current corporate officers, managers, members of the board of directors, general partners or other persons who exercise substantial control on behalf of or over the applicant;
(B) A list of:
(i) Parent corporations, or similar business entities, that exercise substantial control over the applicant; and
(ii) Subsidiary corporations, or similar business entities, over which the applicant exercises substantial control; and
(C) Notices or other documents stating that a person has violated the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 459, 459A, 465, 466, 468, 468A and 468B, any rule or standard adopted under those statutes or any order or permit issued by the department or the Environmental Quality Commission.
(b) Information provided to the department under this section that has not previously been made publicly available is confidential and not subject to public disclosure under ORS 192.311 to 192.478. [2021 c.307 §1]
Note:
468.066 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.067 - Organizational standing to seek judicial review of final order in Title V permit proceeding.

(1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding described in subsection (2) of this section if:
(a) One or more members of the association or organization is adversely affected or aggrieved by the order;
(b) The interests that the association or organization seeks to protect are germane to the purpose of the association or organization; and
(c) The nature of the claim and the relief requested do not require that the members of the association or organization who are adversely affected or aggrieved by the order participate in the judicial review proceedings.
(2) Subsection (1) of this section applies to a permit proceeding pursuant to Title V of the Clean Air Act, 42 U.S.C. 7661 to 7661f, as implemented under ORS chapter 468A. [1999 c.511 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.073 - Expedited or enhanced regulatory process; payment; disposition of payments.

(1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provided during the ordinary course of department business. The department may expend moneys received under the agreements for:
(a) Activities undertaken by the department under authority of any provision of ORS chapters 448, 453, 454, 459, 459A, 465, 466, 467, 468, 468A and 468B and ORS 475.405 to 475.495.
(b) Administering and reviewing activities described under subsection (3) of this section that are performed by a third party.
(2) Payments agreed to under subsection (1) of this section shall be for services voluntarily requested by the applicant, permittee or regulated entity. As part of the agreement, the department may waive all or part of any fee otherwise imposed for those services. The department shall not alter or establish processing priorities or schedules based upon an expectation of entering into an agreement under subsection (1) of this section.
(3) Not later than July 1, 1998, the department shall identify department activities or portions thereof suitable for contracting out to third parties. Failure of the department to identify a specific activity shall not prevent the expenditure of funds for that activity or for department administration and review of that activity under an agreement entered into pursuant to subsection (1) of this section.
(4) Any moneys received by the department under an agreement described under subsection (1) of this section shall not exceed the cost to the department of providing the service to the applicant, permittee or regulated entity.
(5) Any payments received under an agreement described under subsections (1) to (4) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality and are continuously appropriated for the purposes specified in the individual agreements. [1997 c.569 §§2,4(1)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.075 - Revolving fund; uses.

(1) On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental Quality for operating expenses for use by the department as a revolving fund. The revolving fund shall not exceed the aggregate sum of $10,000 including unreimbursed advances. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the department may draw checks.
(2) The revolving fund may be used by the department to pay for travel expenses, or advances therefor, for employees of the department and for any consultants or advisers for whom payment of travel expenses is authorized by law or for purchases required from time to time or for receipt or disbursement of federal funds available under federal law.
(3) All claims for reimbursement of amounts paid from the revolving fund shall be approved by the department and by the Oregon Department of Administrative Services. When such claims have been approved, a warrant covering them shall be drawn in favor of the department and charged against the appropriate fund or account, and shall be used to reimburse the revolving fund. [Formerly 449.034; 1977 c.704 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.076 - Definitions for ORS 468.076 to 468.089.

As used in ORS 468.076 to 468.089:
(1) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
(2) "Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America or a province or territory of Canada, that has enacted an Act to provide substantially equivalent access to its courts and administrative agencies as provided in ORS 468.076 to 468.087. [1991 c.826 §2]
Note:
468.076 to 468.089 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.078 - Action for pollution originating in Oregon.

Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in the reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon. [1991 c.826 §3]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.079 - Action for pollution originating in reciprocating jurisdiction.

A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Oregon as if the injury or threatened injury occurred in Oregon. [1991 c.826 §4]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.080 - Applicability of Oregon law.

The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes "pollution," is the law of Oregon excluding Oregon’s choice of law rules. Nothing in ORS 468.076 to 468.087 restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in ORS 468.076 to 468.087 determines whether state law or federal law applies in any particular legal action. [1991 c.826 §5]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.081 - Rights of injured person.

ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Oregon. [1991 c.826 §6]
Note:
See note under 468.076.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.083 - Right conferred under ORS 468.076 to 468.087 in addition to other rights.

The right provided in ORS 468.076 to 468.087 is in addition to, and not in derogation of, any other right. [1991 c.826 §7]
Note:
See note under 468.076.