reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.310 - Eligibility to participate in management or operation of games.

(1) A licensee of the Department of Justice under ORS 167.117 and 167.118 and this chapter, or an applicant for a license under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530, without approval of the department, may not knowingly permit any person to participate in the management or operation of any bingo, lotto or raffle game or Monte Carlo event for which a license from the department is required if that person:
(a) Has been convicted of or forfeited bond upon, or has been granted diversion upon a charge:
(A) Involving forgery, theft, willful failure to make required payments or reports to a government agency at any level, or filing false reports to a government agency, or of any similar offense;
(B) Of bribing or otherwise unlawfully influencing a public official or employee of any state or the United States; or
(C) Of any crime, whether a felony or a misdemeanor, involving any gambling activity or physical injury to any person, or involving moral turpitude; or
(b) Has violated, failed to comply with, or refused to comply with provisions, requirements, conditions, limitations or duties imposed by ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530 or the rules of the department.
(2) A person other than a member or employee of a licensed organization, or any other person authorized under the rules of the department, may not participate in the management or operation of a licensed bingo, lotto, raffle or Monte Carlo event operation. A person who participates in the management or operation of any such bingo, lotto, raffle, Monte Carlo event, concession or related operation may concurrently participate in the management or operation of any other operation if the participation is approved by the department. [1987 c.914 §§17(1), 21; 1997 c.867 §8; 2001 c.228 §3; 2019 c.64 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.340 - Limitation on time spent administering or operating games; rules.

The Department of Justice by rule shall prohibit any licensee from allowing any person to spend more than 40 hours in any one week administering or operating the licensee’s games. [1987 c.914 §5; 1991 c.274 §4; 2001 c.228 §5; 2017 c.60 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.350 - Limitation on operation of games; rules.

(1)(a) The Department of Justice by rule may establish limits on the number of hours per day and days per week that organizations licensed by the department may operate bingo or lotto games or Monte Carlo events.
(b) By rule, the department may not permit the operation of bingo or lotto games by any licensee for more than 20 hours in any one week nor for more than four days in any one calendar week.
(2) An organization authorized by law to operate Monte Carlo events:
(a) May not conduct more than seven Monte Carlo events in any 12-month period;
(b) May not directly or indirectly rent a facility for a Monte Carlo event from a licensed manufacturer or supplier of Monte Carlo event equipment; and
(c) May not enter into a binding legal contract with a licensed supplier of Monte Carlo equipment to conduct events for a period in excess of one year.
(3) No Monte Carlo event shall be conducted that exceeds 12 hours in length. For the purposes of this subsection, each 12-hour period shall begin at the official starting time of the Monte Carlo event and run continuously, whether or not contests of chance are continuously operated.
(4) Monte Carlo events shall not be conducted at the same location more than 15 times in a calendar month or more than 40 times in a calendar year. [1987 c.914 §8; 1997 c.867 §9; 2003 c.14 §297; 2003 c.417 §3; 2017 c.60 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.360 - Limitation on number of games for which organization can be licensed.

(1) Except as provided in subsection (2) of this section, an organization may, at any one time, be licensed to conduct only one bingo, lotto or Monte Carlo event operation. The license shall authorize the organization to conduct its operation within only one county, which shall be a county designated by the licensee at the time of application for the license. The license shall authorize the organization to conduct games at a designated location that shall not vary except upon authorization of the Department of Justice.
(2) The department may license an organization to conduct one bingo game per county in not more than three counties provided that:
(a) The bingo games are conducted at a location in which the organization regularly conducts charitable program activities; and
(b) The organization has a cumulative annual handle from its bingo operation that does not exceed $250,000. [1987 c.914 §10; 1997 c.867 §10; 2005 c.355 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.380 - Variations depending on number, frequency or gross income authorized; rules.

(1) In adopting rules for the licensing of bingo, lotto or Monte Carlo event operations, the Department of Justice may impose, to the extent it finds practicable, more or fewer requirements upon such operations on the basis of the number of games, the frequency of Monte Carlo events or the gross income of the operation.
(2) As used in subsection (1) of this section, "gross income" means the total amount of money or other thing of value bet, less a deduction therefrom of the amount returned to players as prizes. [1987 c.914 §6; 1997 c.867 §11; 2001 c.228 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.385 - Exemption from licensing and reporting requirements for organizations conducting certain raffles.

Charitable, fraternal or religious organizations that conduct raffles that have handles of less than $10,000 in one calendar year are exempt from the licensing and reporting requirements for raffles under ORS 167.108 to 167.164 and 464.270 to 464.530. [2001 c.576 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.390 - Exceptions; review; continuance of exception.

(1) When the Department of Justice determines that there is a compelling community need for the charitable activities funded by a bingo operation, and that funding will be seriously reduced by the operation of ORS 167.117 and 167.118 and this chapter, then the department may grant exceptions to ORS 464.250 (1)(i), 464.340 and 464.350 for any bingo licensee that was operating a bingo game in January 1987.
(2) The department shall review the exceptions granted under this section not less than once per year, unless the department determines that there has been a material change of circumstances since the time the exceptions were granted to the licensee, in which case the department shall initiate an immediate review of the license.
(3) The department may not continue an exception to a licensee that otherwise meets the requirements of this section if there has been a material change of circumstances since the time when the licensee was granted the exception.
(4) For purposes of this section, "a material change of circumstances" includes:
(a) Failure of the licensee to conduct a bingo game for 18 consecutive months in accordance with the exceptions previously granted by the department; or
(b) Operation by the licensee of its bingo game in a county other than the county in which it operated its bingo game in January 1987, unless the game remains in the same city.
(5)(a) Subject to this section, a bingo licensee may continue to operate a bingo game under the terms of an exception that was granted under this section prior to October 4, 1997, including but not limited to any limitation on the annual handle imposed or applicable under the terms of the exception.
(b) On written notice to the department, a licensee may elect to operate a bingo game under ORS 167.118 without a limitation on the annual handle of the licensee.
(c) A licensee that elects to operate a bingo game without a limitation on the annual handle of the licensee shall comply with ORS 464.350. [1987 c.914 §28; 1997 c.867 §12; 1999 c.218 §3; 2001 c.78 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.420 - Local prohibition in lieu of state regulation.

A county or city may prohibit the operation of bingo, lotto, raffles or Monte Carlo events. If the county or city does not prohibit the operation of bingo, lotto, raffles or Monte Carlo events, then such games shall be regulated only as provided under state law. [1987 c.914 §23; 1997 c.867 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.450 - Oregon Gaming Account; uses.

(1) There is hereby created in the General Fund of the State Treasury an account known as the Oregon Gaming Account.
(2) The Department of Justice shall pay into the State Treasury all moneys received by the department under ORS 167.117 and 167.118 and this chapter. The State Treasurer shall deposit the moneys in the General Fund to the credit of the Oregon Gaming Account. The moneys in the Oregon Gaming Account are continuously appropriated to the department to pay its expenses in administering and enforcing its rules and in otherwise performing its lawful duties under ORS 167.117 and 167.118 and this chapter. [1987 c.914 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.480 - Procedure for suspension, revocation or denial of license.

Whenever the Department of Justice proposes to suspend or revoke or refuse to issue or renew a license or permit, opportunity for a hearing shall be accorded as provided in ORS chapter 183. [1987 c.914 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.490 - Vacation of suspension upon payment of penalty.

If the Department of Justice or its designee suspends any license for a period of 30 days or less, the order may provide that the suspension shall be vacated upon payment to the department of a monetary penalty as fixed in the order. [1987 c.914 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.500 - Enforcement authority of department; hearings.

(1) In order to determine compliance with state law and rules of the department relating to the operation of bingo, lotto, raffles or Monte Carlo events, the Department of Justice or its designee may:
(a) Investigate whether a person has violated state law or rules of the department relating to the operation of bingo, lotto or raffle games or Monte Carlo events.
(b) Inspect the records of any person who lends money to, or in any other manner finances, any licensee or applicant for any license or who receives any income or profits from the use of the license.
(2) The department or its designee may conduct investigations into the operation of any bingo, lotto or raffle game or Monte Carlo event in this state. For that purpose, the department or its designee may subpoena witnesses, compel attendance, take depositions and testimony and require the production of material relevant to the investigation.
(3) The department or its designee may hold contested case hearings which shall be subject to ORS 183.413 to 183.470, subject to review as provided under ORS 183.480 to 183.490.
(4) Upon failure to obey a subpoena or to answer questions asked by the department’s designee and upon reasonable notice to all persons affected, the department may apply to the circuit court for an order compelling compliance.
(5) Hearings regarding suspension, revocation or denial of bingo, lotto, raffle or Monte Carlo event licenses or permits shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The administrative law judge may administer oaths and conduct the hearings as provided in ORS 183.413 to 183.470. [1987 c.914 §18; 1997 c.867 §15; 1999 c.849 §§90,91; 2003 c.75 §38]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.520 - Injunctive relief; when other licenses may be voided; investigation of off-race course mutuel wagering applicant or licensee.

(1) A bingo, lotto or raffle game or Monte Carlo event conducted in violation of state gambling law or in violation of rules adopted by the Department of Justice may be enjoined in an action commenced by:
(a) The department;
(b) The district attorney of the county in which the game is conducted;
(c) The governing body of any county in which the game is conducted; or
(d) The governing body of any city in which the game is conducted.
(2) When a violation of state law relating to the conduct of bingo, lotto or raffle games or Monte Carlo events, or a violation of any rule of the department relating thereto, occurs on premises for which a license, permit or certificate issued by this state, or by a political subdivision or public agency of this state, is in effect, any such license, permit or certificate may be voided by the issuing authority. No license, permit or certificate so voided shall be issued or reissued for the premises for a period of at least 60 days thereafter.
(3) The Department of Justice or its designee may conduct investigations into the operation of any off-race course mutuel wagering applicant or licensee. For that purpose, the department may subpoena witnesses, compel attendance, take depositions and testimony and require the production of material relevant to the investigation. [1987 c.914 §19; 1997 c.867 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.530 - Jurisdiction of Circuit Court for Marion County; liability of department personnel.

(1) No trial court of the State of Oregon other than the Circuit Court of Marion County shall have jurisdiction over any action or proceeding against the Department of Justice or any employee of the department, for anything done, omitted to be done in or arising out of the performance of the duties of the department.
(2) Neither the department nor any employee thereof shall be personally liable in any action for damages sustained by any person because of any act done or omitted by the department, or any employee of the department, in the performance of the duties of the department. [1987 c.914 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 464 - Games › Section 464.995 - Penalties.

(1) A person who, in applying for a license from the Department of Justice under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530, or in any book or record required to be maintained by the department, or in any report required to be submitted to the department under ORS 167.117 and 167.118 and this chapter, makes any false or misleading statement or entry, or who willfully fails to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the department or its designee, any book, record or document required to be maintained or made by federal or state law, commits a Class A misdemeanor.
(2) Except as otherwise provided by law, violation of any provision of ORS 167.117 or 167.118 or this chapter or any rules of the Department of Justice adopted pursuant thereto, by any licensee or permit holder of the department, is a Class A misdemeanor and grounds for suspension or revocation of the license or permit of the violator. [1987 c.914 §§22,24]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.006 - Policy.

(1) In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares that it is the policy of the State of Oregon to encourage reduction in the use of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental media or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste.
(2) The Legislative Assembly finds that the best means to achieve the policy set forth in subsection (1) of this section is by:
(a) Providing toxics users and generators with technical assistance;
(b) Requiring toxics users to engage in comprehensive planning and develop measurable performance goals; and
(c) Monitoring the use of toxic substances and the generation of hazardous waste. [1989 c.833 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.009 - Rules.

The Environmental Quality Commission by rule may:
(1) Add or remove any toxic substance or hazardous waste from the provisions of ORS 465.003 to 465.034; and
(2) Modify the definition of "large user" to coincide with the amounts specified in federal regulations for the reporting of toxic chemical releases. [1989 c.833 §4; 2005 c.206 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.012 - Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules.

(1) The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which the department shall give priority in providing technical assistance, the department shall consider at least the following:
(a) Amounts and toxicity of toxics used and amounts of hazardous waste disposed of, discharged and released;
(b) Potential for current and future toxics use reduction and hazardous waste reduction; and
(c) The toxics related exposures and risks posed to public health, safety and the environment.
(2) In providing technical assistance, the department shall give priority to assisting toxics users and conditionally exempt generators in completing and implementing an adequate toxics use reduction and hazardous waste reduction plan under ORS 465.015. The assistance may include but need not be limited to:
(a) Information clearinghouse activities;
(b) Telephone hotline assistance;
(c) Toxics use reduction and hazardous waste reduction training workshops;
(d) Establishing a technical publications library;
(e) The development of a system to evaluate the effectiveness of toxics use reduction and hazardous waste reduction measures;
(f) The development of a recognition program to publicly acknowledge toxics users and conditionally exempt generators that complete and implement successful toxics use reduction and hazardous waste reduction plans; and
(g) Direct on-site assistance to toxics users and conditionally exempt generators in completing the plans.
(3) The department shall:
(a) Coordinate its technical assistance efforts with industry trade associations and local colleges and universities as appropriate.
(b) Follow up with toxics users that receive technical assistance to determine whether the user or generator implemented a toxics use reduction and hazardous waste reduction plan.
(c) Coordinate and work with local agencies to provide technical assistance to businesses involved in the crushing of motor vehicles concerning the safe removal and proper disposal of mercury light switches from motor vehicles.
(4) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection. [1989 c.833 §5; 2001 c.924 §9; 2005 c.206 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.018 - Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system.

(1) Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics user shall notify the Department of Environmental Quality in a form determined by the department that the plan or system is in place.
(2) Twelve months after notifying the department under subsection (1) of this section, the toxics user shall provide an implementation summary to the department.
(3) Twenty-four months after notifying the department under subsection (1) of this section, the toxics user shall provide a second implementation summary to the department.
(4) A toxics user shall permit the Director of the Department of Environmental Quality or the director’s designee to inspect a plan or system to allow the department to:
(a) Determine the adequacy of the plan or system under ORS 465.021;
(b) Assess the implementation of the plan or system; and
(c) Provide technical assistance under ORS 465.012.
(5) The department shall make implementation summaries submitted to the department under this section available to the public, including making the summaries available in a commonly used, electronic format on the World Wide Web. [1989 c.833 §8; 2005 c.206 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.021 - Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty.

(1) The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental management system.
(2) If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inadequacy, identifying the specific deficiencies. The department also may specify a reasonable time frame, of not less than 90 days, within which the toxics user shall modify the plan, system or implementation summary to address the specified deficiencies. The department also may make technical assistance available to aid the toxics user in modifying its plan, system or implementation summary.
(3) If the department determines that a modified plan, system or implementation summary is inadequate, the department may require that further modifications be made within a time frame specified by the department.
(4) If after having received notice of specified deficiencies from the department, a toxics user fails to develop an adequate plan, system or summary within a time frame specified pursuant to subsection (2) or (3) of this section, the department may assess a civil penalty in the manner provided by ORS 183.745 in an amount not to exceed $500 for each day that the toxics user fails to develop an adequate plan, system or summary.
(5) In reviewing the adequacy of any plan, system or summary, the department shall base its determination solely on whether the plan, system or summary is complete and prepared in accordance with ORS 465.015 or 465.032. [1989 c.833 §9; 2005 c.206 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.027 - Contract for assistance with higher education institution.

Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out the provisions of ORS 465.003 to 465.034. The assistance shall emphasize strategies to encourage toxics use reduction and hazardous waste reduction and shall provide assistance to facilities under ORS 465.003 to 465.034. The assistance may include but need not be limited to:
(1) Engineering internships;
(2) Engineering curriculum development;
(3) Applied toxics use reduction and hazardous waste reduction research; and
(4) Engineering assistance to users and generators. [1989 c.833 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.032 - Form of implementation summary; information required.

An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include, but not be limited to:
(1) A summary of how the toxics use reduction and hazardous waste reduction plan or environmental management system has been implemented;
(2) A description of specific successes that the toxics user has had in reducing the use of toxic substances or the generation of hazardous wastes;
(3) An estimate of the challenges and impediments to implementing and evaluating toxics use reduction and hazardous waste reduction opportunities; and
(4) A description of future plans for toxics use reduction and hazardous waste reduction. [2005 c.206 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.034 - Application of ORS 465.003 to 465.034.

Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to:
(1) Hazardous wastes generated from a removal, as defined in ORS 465.200, or from a one-time event.
(2) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute. [1989 c.833 §16; 2005 c.206 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.101 - Definitions for ORS 465.101 to 465.131.

As used in ORS 465.101 to 465.131:
(1) "Bulk facility" means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge used to transport those products.
(2) "Cargo tank" means an assembly used for transporting, hauling or delivering petroleum products and consisting of a tank having one or more compartments mounted on a wagon, truck, trailer, truck-trailer, railcar or wheels. "Cargo tank" does not include any assembly used for transporting, hauling or delivering petroleum products that holds less than 100 gallons in individual, separable containers.
(3) "Department" means the Department of Revenue.
(4) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity and the federal government or any agency of the federal government.
(5) "Petroleum product" means a petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol-blended fuels, aviation gasoline, kerosene, distillate fuel oil and number 1 and number 2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or fuel sold to vessels engaged in interstate or foreign commerce.
(6) "Withdrawal from bulk" means the removal of a petroleum product from a bulk facility for delivery directly into a cargo tank or a barge to be transported to another location other than another bulk facility for use or sale in this state. [1989 c.833 §139]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.104 - Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators.

(1) The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person who orders the withdrawal a petroleum products withdrawal delivery fee in the maximum amount of $10.
(2) Any person who imports petroleum products in a cargo tank or a barge for delivery into a storage tank, other than a tank connected to a bulk facility, shall pay a petroleum products import delivery fee in the maximum amount of $10 to the Department of Revenue for each such delivery of petroleum products into a storage tank located in the state.
(3) Subsections (1) and (2) of this section do not apply to a delivery or import of petroleum products destined for export from this state if the petroleum products are in continuous movement to a destination outside the state.
(4) The seller of petroleum products withdrawn from a bulk facility and each person importing petroleum products shall remit payment on a quarterly basis on January 1, April 1, July 1 and October 1.
(5) Each operator of a bulk facility and each person who imports petroleum products shall register with the Department of Revenue at least 30 days prior to operating a bulk facility or importing a cargo tank of petroleum products. [1989 c.833 §140; 2005 c.22 §340]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.106 - Amount of fee to be set by State Fire Marshal; rules.

The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state’s oil, hazardous material and hazardous substance emergency response program, as described in ORS 465.127. [1993 c.707 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.111 - Department of Revenue to collect fee; exemption from fee of protected petroleum products.

(1) The Department of Revenue shall collect the fee imposed under ORS 465.104.
(2) Any petroleum product which the Constitution or laws of the United States prohibit the state from taxing is exempt from the fee imposed under ORS 465.104. [1989 c.833 §142]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.114 - Extension of time for paying fee; interest on extended payment.

The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 465.101 to 465.131. The extension may be granted at any time if a written request is filed with the department within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, from the time the payment was originally due to the time payment is actually made, shall be added and paid. [1989 c.833 §143; 2017 c.278 §23]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.

(1) Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person’s registered place of business complete and accurate records of any petroleum products sold, purchased by or brought in or caused to be brought in to the place of business.
(2) The Department of Revenue, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 465.101 to 465.131. [1989 c.833 §144]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.121 - Rules.

The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent with its provisions and are considered necessary and appropriate. [1989 c.833 §145]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.124 - Application of ORS chapters 305 and 314 to fee collection.

The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 465.101 to 465.131, except where the context requires otherwise. [1989 c.833 §146; 1995 c.650 §61]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.127 - Disposition of fees; administrative expenses; other uses.

All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state’s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 §147; 1989 c.935 §4; 1993 c.707 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.131 - Fee imposed by ORS 465.104 in addition to fees established by local government.

The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 §148]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.205 - Legislative findings.

(1) The Legislative Assembly finds that:
(a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and
(b) The threats posed by the release of a hazardous substance can be minimized by prompt identification of facilities and implementation of removal or remedial action.
(2) Therefore, the Legislative Assembly declares that:
(a) It is in the interest of the public health, safety, welfare and the environment to provide the means to minimize the hazards of and damages from facilities.
(b) It is the purpose of ORS 465.200 to 465.485 and 465.900 to:
(A) Protect the public health, safety, welfare and the environment; and
(B) Provide sufficient and reliable funding for the Department of Environmental Quality to expediently and effectively authorize, require or undertake removal or remedial action to abate hazards to the public health, safety, welfare and the environment. [Formerly 466.547]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.210 - Authority of department for removal or remedial action.

(1) In addition to any other authority granted by law, the Department of Environmental Quality may:
(a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity necessary to conduct removal or remedial action and to carry out the provisions of ORS 465.200 to 465.485 and 465.900; and
(b) Recover the state’s remedial action costs.
(2) The Environmental Quality Commission and the department may participate in or conduct activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499, and the corrective action provisions of Subtitle I of the federal Solid Waste Disposal Act, as amended, P.L. 96-482 and P.L. 98-616. Such participation may include, but need not be limited to, entering into a cooperative agreement with the United States Environmental Protection Agency.
(3) Nothing in ORS 465.200 to 465.485 and 465.900 shall restrict the State of Oregon from participating in or conducting activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499. [Formerly 466.550]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.215 - List of facilities with confirmed release.

(1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405.
(2) The director shall make the list available for the public at the offices of the Department of Environmental Quality.
(3) The list shall include but need not be limited to the following items, if known:
(a) A general description of the facility;
(b) Address or location;
(c) Time period during which a release occurred;
(d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;
(e) Type and quantity of a hazardous substance released at the facility;
(f) Manner of release of the hazardous substance;
(g) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;
(h) Status of removal or remedial actions at the facility; and
(i) Other items the director determines necessary.
(4) At least 60 days before a facility is added to the list the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the list. The notice shall inform the owner and operator that the owner and operator may comment on the decision of the director to add the facility to the list within 45 days of receiving the notice. The decision of the director to add a facility to the list is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183. [Formerly 466.557]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.220 - Comprehensive statewide identification program; notice.

(1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action.
(2) The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection (1) of this section. The notice shall include information about how the public may provide information on a release or threat of release from a facility.
(3) In developing the program under subsection (1) of this section, the department shall examine, at a minimum, any industrial or commercial activity that historically has been a major source in this state of releases of hazardous substances.
(4) The department shall include information about the implementation and progress of the program developed under subsection (1) of this section in the report required under ORS 465.235. [Formerly 466.560]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.225 - Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory.

(1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which:
(a) A confirmed release is documented by the department; and
(b) The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment.
(2) The determination that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed under subsection (1) of this section shall be based upon a preliminary assessment approved or conducted by the department.
(3) Before the department conducts a preliminary assessment, the director shall notify the owner and operator, if known, that the department is proceeding with a preliminary assessment and that the owner or operator may submit information to the department that would assist the department in conducting a complete and accurate preliminary assessment.
(4) At least 60 days before the director adds a facility to the inventory, the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the inventory. The decision of the director to add a facility to the inventory is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183.
(5) The notice provided under subsection (4) of this section shall include the preliminary assessment and shall inform the owner or operator that the owner or operator may comment on the information contained in the preliminary assessment within 45 days after receiving the notice. For good cause shown, the department may grant an extension of time to comment. The extension shall not exceed 45 additional days.
(6) The director shall consider relevant and appropriate information submitted by the owner or operator in making the final decision about whether to add a facility to the inventory.
(7) The director shall review the information submitted and add the facility to inventory if the director determines that a confirmed release has occurred and that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment. [1989 c.485 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.230 - Removal of facilities from inventory; criteria.

(1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines:
(a) Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future public health, safety, welfare and the environment;
(b) No further action is needed to assure protection of present and future public health, safety, welfare and the environment; or
(c) The facility satisfies other appropriate criteria for assuring protection of present and future public health, safety, welfare and the environment.
(2) The director shall not remove a facility if continuing environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare and the environment, so long as such controls are related to removal or remedial action. [1989 c.485 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.235 - Public inspection of inventory; information included in inventory; organization; report; action plan.

(1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality.
(2) The inventory shall include but need not be limited to:
(a) The following information, if known:
(A) A general description of the facility;
(B) Address or location;
(C) Time period during which a release occurred;
(D) Name of current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;
(E) Type and quantity of a hazardous substance released at the facility;
(F) Manner of release of the hazardous substance;
(G) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;
(H) Hazard ranking and narrative information regarding threats to the environment and public health;
(I) Status of removal or remedial actions at the facility; and
(J) Other items the director determines necessary; and
(b) Information that indicates whether the remedial action at the facility will be funded primarily by:
(A) The department through the use of moneys in the Hazardous Substance Remedial Action Fund;
(B) An owner or operator or other person under an agreement, order or consent judgment under ORS 465.200 to 465.485; or
(C) An owner or operator or other person under other state or federal authority.
(3) The department may organize the inventory into categories of facilities, including but not limited to the types of facilities listed in subsection (2) of this section.
(4) On or before January 15 of each year, the department shall submit the inventory and a report to the Governor, the Legislative Assembly and the Environmental Quality Commission. The annual report shall include a quantitative and narrative summary of the department’s accomplishments during the previous fiscal year and the department’s goals for the current fiscal year, including but not limited to each of the following areas:
(a) Facilities with a suspected release added to the department’s database;
(b) Facilities with a confirmed release added to the department’s list;
(c) Facilities added to and removed from the inventory;
(d) Removals initiated and completed;
(e) Preliminary assessments initiated and completed;
(f) Remedial investigations initiated and completed;
(g) Feasibility studies initiated and completed; and
(h) Remedial actions, including long-term environmental controls and institutional controls, initiated and completed.
(5) Beginning in 1991, and every fourth year thereafter, the report required under subsection (4) of this section shall include a four-year plan of action for those items under subsection (4)(e) to (h) of this section. The four-year plan shall include projections of funding and staffing levels necessary to implement the four-year plan. [1989 c.485 §5; 2003 c.576 §459]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.240 - Inventory listing not prerequisite to other remedial action.

Nothing in ORS 465.225 to 465.240, 465.405 and 465.410 or placement of a facility on the list under ORS 465.215 shall be construed to be a prerequisite to or otherwise affect the authority of the Director of the Department of Environmental Quality to undertake, order or authorize a removal or remedial action under ORS 465.200 to 465.485 and 465.900. [1989 c.485 §6]