reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.585 - Legislative findings.

The Legislative Assembly finds that:
(1) Maintaining sustainable rural and urban landscapes is important for the quality of life of all Oregonians. Sustainable forestry, agriculture and ranching practices can help to maintain and restore the vitality of Oregon’s communities while also helping to preserve Oregon’s natural landscapes and ecosystems. It is necessary to assist landowners in gaining access to additional sources of revenue such as emerging ecosystem services markets and to help landowners diversify their incomes, improve the ecological functions of their lands and pass along their lands and the lands’ associated benefits to future generations.
(2) Employment and economic opportunities are important to Oregonians in order to maintain a high quality of life and prosperity. A scarcity of land that is available for development is a significant limiting factor in some regions of Oregon. Oregon needs a system that will provide assurances that development will occur in suitable locations so that ecological values will be maintained and improve.
(3) Many different local, state and federal agencies and the private sector have obligations to protect natural resources, to regulate the use of natural resources and to promote economic development while also minimizing adverse impacts to natural resources. However, these efforts are generally fragmented and uncoordinated and often work at cross-purposes.
(4) Oregon’s natural resources, and the ways these natural resources are used, are important to Oregonians. These natural resources include native flora and fauna. These natural resources provide food and shelter, flood control, water filtration, clean air, fish and wildlife habitat, recreational opportunities, aesthetic benefits, jobs and a high quality of life for all Oregonians. Science has demonstrated the importance of these natural resources to our daily lives. The adverse impacts of climate change may stress some natural resources to the point that they no longer provide ecosystem services. It is necessary to improve the overall health of our natural resources in order to maintain these resources for present and future generations.
(5) The conservation and restoration of ecosystem services will help avoid carbon emissions, help address impacts associated with climate change and help natural resources adapt to these impacts. New or improved regulatory schemes and increased public awareness will make additional natural resources available to protect and enhance ecosystem services. Oregon has the opportunity to become a leader in developing and improving the ecological effectiveness and economic viability of payments for ecosystem services.
(6) Given appropriate oversight, ecosystem services markets can save money, lead to more efficient, innovative and effective restoration actions than pure regulatory approaches and facilitate improved integration of public and private investment. [2009 c.808 §3]
Note:
See note under 468.581.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.587 - State agencies and ecosystem services.

(1) State agencies are encouraged to adopt and incorporate adaptive management mechanisms in their programs in order to support the maintenance, restoration and enhancement of ecosystem services.
(2) State agencies are encouraged to use ecosystem services markets as a means to meet mitigation needs, after carefully avoiding the most sensitive resources and minimizing adverse impacts where development occurs. When a state agency adopts a strategy or a decision that calls for the mitigation of potentially adverse environmental consequences, the state agency must consider mitigation strategies that recognize the need for biological connectivity and the overall ecological viability of restoration efforts at a landscape scale rather than exercise an automatic preference for on-site, in-kind mitigation. [2009 c.808 §4]
Note:
See note under 468.581.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.920 - Definitions for ORS 468.922 to 468.956.

For purposes of ORS 468.922 to 468.956:
(1) "Knowingly":
(a) Has the meaning given that term in ORS 161.085; or
(b) Means a person acts with a conscious purpose to avoid knowledge of a conduct or a circumstance in violation of ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825.
(2) "Substantial harm to human health or the environment" means:
(a) Physical injury, as defined in ORS 161.015, to a human being or demonstrable substantial risk of serious physical injury, as defined in ORS 161.015, to a human being; or
(b) Substantial damage to wildlife, flora, aquatic or marine life, to habitat or to livestock or agricultural crops.
(3) Except as provided in ORS 161.155 or 161.450, an individual is not criminally liable solely because of the individual’s status in a business, organization or other public or private entity nor is knowledge possessed by an individual other than the defendant attributable to the defendant.
(4) Nothing in this section is intended to amend or modify ORS 161.150, 161.155, 161.160, 161.165, 161.170, 161.175, 161.450 or 161.455. [1993 c.422 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.922 - Unlawful disposal, storage or treatment of hazardous waste in the second degree.

(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly treats, stores or disposes of hazardous waste.
(2)(a) Subject to ORS 153.022, unlawful disposal, storage or treatment of hazardous waste in the second degree is a Class B misdemeanor.
(b) Notwithstanding ORS 161.635, in addition to any term of imprisonment that the court may impose under paragraph (a) of this subsection, the court may impose a fine of up to $25,000. [1993 c.422 §4; 1999 c.1051 §305; 2009 c.267 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.924 - Applicability of ORS 161.655.

ORS 161.655 does not apply to offenses specified in ORS 468.922 to 468.956. [2009 c.267 §11]
Note:
468.924 was added to and made a part of 468.922 to 468.956 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.926 - Unlawful disposal, storage or treatment of hazardous waste in the first degree.

(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingly disposes of, stores or treats hazardous waste and:
(a) As a result, recklessly causes substantial harm to human health or the environment; or
(b) Knowingly disregards the law in committing the violation.
(2) Unlawful disposal, storage or treatment of hazardous waste in the first degree is a Class B felony.
(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful disposal, storage or treatment of hazardous waste in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.929 - Unlawful transport of hazardous waste in the second degree.

(1) A person commits the crime of unlawful transport of hazardous waste in the second degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly transports hazardous waste.
(2)(a) Subject to ORS 153.022, unlawful transport of hazardous waste in the second degree is a Class B misdemeanor.
(b) Notwithstanding ORS 161.635, in addition to any term of imprisonment that the court may impose under paragraph (a) of this subsection, the court may impose a fine of up to $25,000. [1993 c.422 §5; 1999 c.1051 §306; 2009 c.267 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.931 - Unlawful transport of hazardous waste in the first degree.

(1) A person commits the crime of unlawful transport of hazardous waste in the first degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly transports hazardous waste, and:
(a) As a result, recklessly causes substantial harm to human health or the environment; or
(b) Knowingly disregards the law in committing the violation.
(2) Unlawful transport of hazardous waste in the first degree is a Class B felony.
(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful transport of hazardous waste in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.933 - Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931.

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.922, 468.926, 468.929 or 468.931 is a separately punishable offense. [1993 c.422 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.936 - Unlawful air pollution in the second degree.

(1) A person commits the crime of unlawful air pollution in the second degree if the person knowingly violates any applicable requirement of ORS chapter 468A or a permit, rule or order adopted or issued under ORS chapter 468A.
(2) Subject to ORS 153.022, unlawful air pollution in the second degree is a specific fine violation punishable by a fine of not more than $25,000. [1993 c.422 §8; 1999 c.1051 §307; 2009 c.267 §14; 2011 c.597 §86]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.939 - Unlawful air pollution in the first degree.

(1) A person commits the crime of unlawful air pollution in the first degree if the person, in violation of ORS chapter 468A or any rule, permit, order or any applicable requirement adopted or issued under ORS chapter 468A, knowingly discharges, emits or allows to be discharged or emitted any air contaminant into the outdoor atmosphere, and:
(a) As a result, recklessly causes substantial harm to human health or the environment; or
(b) Knowingly disregards the law in committing the violation.
(2) Unlawful air pollution in the first degree is a Class B felony.
(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful air pollution in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.941 - Determination of number of punishable offenses under ORS 468.936 and 468.939.

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.936 or 468.939 is a separately punishable offense. [1993 c.422 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.943 - Unlawful water pollution in the second degree.

(1) A person commits the offense of unlawful water pollution in the second degree if the person with criminal negligence violates ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B.
(2) Subject to ORS 153.022, unlawful water pollution in the second degree is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $25,000. [1993 c.422 §11; 1999 c.1051 §308; 2011 c.597 §210]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.946 - Unlawful water pollution in the first degree.

(1) A person commits the crime of unlawful water pollution in the first degree if the person, in violation of ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B, knowingly discharges, places or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape or be carried into the waters of the state and:
(a) As a result, recklessly causes substantial harm to human health or the environment; or
(b) Knowingly disregards the law in committing the violation.
(2) Unlawful water pollution in the first degree is a Class B felony.
(3) Notwithstanding ORS 161.625 and subsection (2) of this section, upon a second conviction for unlawful water pollution in the first degree within a five-year period, the court may require the defendant to pay an amount, fixed by the court, not exceeding $200,000 in addition to any other sentence imposed under subsection (2) of this section. [1993 c.422 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.948 - Unlawful motorized in-stream placer mining.

(1) A person commits the offense of unlawful motorized in-stream placer mining if the person knowingly engages in motorized in-stream placer mining, as defined in ORS 468B.112, without a permit issued under ORS 468B.050 or in violation of any rule, permit, order or any applicable requirement adopted or issued under ORS 468B.050 or 468B.112 to 468B.118.
(2) Subject to ORS 153.022, unlawful motorized in-stream placer mining is a Class A violation.
(3) Notwithstanding ORS 153.042, an enforcement officer, as defined in ORS 153.005, may issue a citation under subsection (1) of this section when the conduct alleged to constitute a violation has not taken place in the presence of the enforcement officer, if the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation on the basis of information received from an employee of the Department of Environmental Quality. [2017 c.300 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.949 - Determination of number of punishable offenses under ORS 468.943 and 468.946.

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.943 or 468.946 is a separately punishable offense. [1993 c.422 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.951 - Environmental endangerment.

(1) A person commits the crime of environmental endangerment if the person:
(a) Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree, unlawful transport of hazardous waste in the first degree, unlawful air pollution in the first degree or unlawful water pollution in the first degree; and
(b) As a result, places another person in imminent danger of death or causes serious physical injury.
(2) Environmental endangerment is a felony punishable:
(a) If the defendant is an individual and notwithstanding ORS 161.625, by imprisonment of not more than 15 years, a fine of not more than $1,000,000, or both.
(b) If the defendant is other than an individual and notwithstanding ORS 161.625, by a fine of not more than $2,000,000.
(c) Notwithstanding ORS 161.625, in the case of a second or subsequent conviction under this section, by imprisonment of not more than 30 years, a fine of not more than $5,000,000, or both.
(3) As used in this section, "serious physical injury" has the meaning given in ORS 161.015. [1993 c.422 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.953 - Supplying false information to agency.

(1) A person commits the crime of supplying false information to any agency if the person:
(a) Makes any false material statement, representation or certification knowing it to be false, in any application, notice, plan, record, report or other document required by any provision of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted pursuant to ORS chapter 465, 466, 468, 468A or 468B;
(b) Omits any material or required information, knowing it to be required, from any document described in paragraph (a) of this subsection; or
(c) Alters, conceals or fails to file or maintain any document described in paragraph (a) of this subsection in knowing violation of any provision of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted pursuant to ORS chapter 465, 466, 468, 468A or 468B.
(2) Supplying false information is a Class C felony. [1993 c.422 §14]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.956 - Refusal to produce material subpoenaed by commission.

Refusal, without good cause, to produce books, papers or information subpoenaed by the Environmental Quality Commission, the Department of Environmental Quality or the regional air quality control authority or any report required by law or by the commission, the department or a regional authority 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 is a Class A misdemeanor. [1993 c.422 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.959 - Upset or bypass as affirmative defense.

(1) It is an affirmative defense to any offense under ORS 468.922 to 468.946 that the alleged violation was the result of an upset or bypass.
(2) For purposes of this section:
(a) "Bypass" means the temporary discharge of waste or an air contaminant in violation of ORS chapter 465, 466, 468, 468A or 468B or any rule adopted or order or permit issued thereunder, under circumstances in which the defendant reasonably believed that the discharge was necessary to prevent loss of life, personal injury or severe property damage, or to minimize environmental harm.
(b) "Upset" includes an exceptional and unexpected occurrence in which there is unintentional and temporary violation of the requirements of ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825 or of any rule adopted or permit or order issued under ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B, or 825 because of factors beyond the reasonable control of the regulated person or entity. "Upset" does not include a violation caused by:
(A) Operational error;
(B) Improperly designed facilities;
(C) Lack of preventive maintenance; or
(D) Careless or improper operation.
(3) To establish the affirmative defense of upset or bypass, the defendant must prove the occurrence of an upset or bypass and that the defendant:
(a) Reported the upset or bypass to the Department of Environmental Quality or other appropriate agency within 24 hours or as required by statute, rule, permit or order, whichever is sooner, and, if the original notice was oral, delivered written notice to the Department of Environmental Quality or other agency with regulatory jurisdiction within four calendar days;
(b) Submitted complete documentation of the upset or bypass to the Department of Environmental Quality or other agency with regulatory jurisdiction as required by statute, rule, order or permit; and
(c) Took appropriate corrective action, including action to minimize damage, as soon as reasonably possible.
(4) It is an affirmative defense to an offense under ORS 468.922 to 468.946 that the defendant:
(a) Did not cause or create the condition or occurrence that constitutes the offense;
(b) Reported the condition or occurrence to the Department of Environmental Quality or other agency with regulatory jurisdiction as soon as practicable after the defendant discovered it; and
(c) Took reasonable steps to correct the violation. [1993 c.422 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.962 - Notice to Department of Revenue of environmental felony.

If a person is convicted of a felony under ORS 468.922 to 468.956, the county district attorney or the Attorney General, whichever was the prosecuting officer, shall give notice of the conviction to the Department of Revenue. [2001 c.928 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.990

[1973 c.835 §28; subsection (5) formerly part of 448.990, enacted as 1973 c.835 §177a; 1989 c.859 §6; 1991 c.764 §7; renumbered 468B.990 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.995

[1973 c.835 §27; subsection (6) enacted as 1975 c.366 §3; 1983 c.338 §938; 1991 c.920 §20; renumbered 468A.990 in 1991]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.996 - Civil penalty for intentional or reckless violation; rules.

(1) In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B or any rule or standard or order of the Environmental Quality Commission adopted or issued pursuant to ORS 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B, which results in or creates the imminent likelihood for an extreme hazard to the public health or which causes extensive damage to the environment shall incur a civil penalty not to exceed $250,000. The Environmental Quality Commission shall adopt by rule a schedule and the criteria for determining the amount of a civil penalty that may be imposed for an extreme violation.
(2) As used in this section:
(a) "Intentionally" means conduct by a person with a conscious objective to cause the result of the conduct.
(b) "Recklessly" means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care a reasonable person would observe in that situation. [1991 c.650 §2; 2009 c.267 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468 - Environmental Quality Generally › Section 468.997 - Joinder of certain offenses.

Where any provision 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 provides that each day of violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 or a section of ORS chapters 468, 468A and 468B constitutes a separate offense, violations of that section that occur within the same court jurisdiction may be joined in one indictment, or complaint, or information, in several counts. [Formerly 449.992]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.005 - Definitions for air pollution laws.

As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise:
(1) "Air-cleaning device" means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere.
(2) "Air contaminant" means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or particulate matter or any combination thereof.
(3) "Air contamination" means the presence in the outdoor atmosphere of one or more air contaminants which contribute to a condition of air pollution.
(4) "Air contamination source" means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes.
(5) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants, or any combination thereof, in sufficient quantities and of such characteristics and of a duration as are or are likely to be injurious to public welfare, to the health of human, plant or animal life or to property or to interfere unreasonably with enjoyment of life and property throughout such area of the state as shall be affected thereby.
(6) "Area of the state" means any city or county or portion thereof or other geographical area of the state as may be designated by the Environmental Quality Commission. [Formerly 468.275; 2009 c.387 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.010 - Policy.

(1) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Oregon:
(a) To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent with the overall public welfare of the state.
(b) To provide for a coordinated statewide program of air quality control and to allocate between the state and the units of local government responsibility for such control.
(c) To facilitate cooperation among units of local government in establishing and supporting air quality control programs.
(2) The program for the control of air pollution in this state shall be undertaken in a progressive manner, and each of its successive objectives shall be sought to be accomplished by cooperation and conciliation among all the parties concerned. [Formerly 449.765 and then 468.280]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.015 - Purpose of air pollution laws.

It is the purpose of the air pollution laws contained 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 to safeguard the air resources of the state by controlling, abating and preventing air pollution under a program which shall be consistent with the declaration of policy in this section and with ORS 468A.010. [Formerly 449.770 and then 468.285]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.020 - Application of air pollution laws.

(1) Except as provided in subsection (2) of this section, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to:
(a) Agricultural operations, including but not limited to:
(A) Growing or harvesting crops;
(B) Raising fowl or animals;
(C) Clearing or grading agricultural land;
(D) Propagating and raising nursery stock;
(E) Propane flaming of mint stubble; and
(F) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year.
(b) Equipment used in agricultural operations, except boilers used in connection with propagating and raising nursery stock.
(c) Barbecue equipment used in connection with any residence.
(d) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except solid fuel burning devices, as defined in ORS 468A.485, that are subject to regulation under this section and ORS 468A.140 and 468A.460 to 468A.515.
(e) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary.
(f) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction.
(2) Subsection (1) of this section does not apply to the extent:
(a) Otherwise provided in ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and 478.960;
(b) Necessary to implement the federal Clean Air Act (P.L. 88-206 as amended) under ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330; or
(c) Necessary for the Environmental Quality Commission, in the commission’s discretion, to implement a recommendation of the Task Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007, for the regulation of dairy air contaminant emissions.
(3)(a) Except to the extent necessary to implement the federal Clean Air Act (P.L. 88-206 as amended), the air pollution laws contained in ORS 468A.025, 468A.030, 468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330 do not apply to carbon dioxide emissions from the combustion or decomposition of biomass.
(b) As used in this subsection, "biomass" means:
(A) Nonfossilized and biodegradable organic materials that originate from plants, animals and microorganisms and that are products, byproducts, residues or wastes from agriculture, forestry and related industries;
(B) Nonfossilized and biodegradable organic fractions of industrial and municipal wastes; and
(C) Gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic matter. [Formerly 468.290; 1997 c.473 §2; 1999 c.439 §1; 2007 c.799 §4; 2009 c.387 §14; 2015 c.500 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.030 - When liability for violation not applicable.

The several liabilities which may be imposed 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 upon persons violating the provisions of any rule, standard or order of the Environmental Quality Commission pertaining to air pollution shall not be so construed as to include any violation which was caused by an act of God, war, strife, riot or other condition as to which any negligence or willful misconduct on the part of such person was not the proximate cause. [Formerly 449.825 and then 468.300]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.035 - General comprehensive plan.

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality shall prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of new air pollution in any area of the state in which air pollution is found already existing or in danger of existing. The plan shall recognize varying requirements for different areas of the state. [Formerly 449.782 and then 468.305]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.040 - Permits; rules.

(1) By rule the Environmental Quality Commission may require permits for air contamination sources classified by type of air contaminants, by type of air contamination source or by area of the state. The permits shall be issued as provided in ORS 468.065. A permit subject to the federal operating permit program shall be issued in accordance with the rules adopted under ORS 468A.310.
(2) If a request for review of the final Department of Environmental Quality action, or any part thereof, is made on an application for a permit issued under the federal operating permit program established under ORS 468A.310 in accordance with the rules adopted by the commission, the effect of the contested conditions and any conditions that are not severable from those contested shall be stayed upon a showing that compliance with the contested conditions during the pendency of the appeal would require substantial expenditures or losses that would not be incurred if the permittee prevails on the merits of the review and there exists a reasonable likelihood of success on the merits. The department may require that the contested conditions not be stayed if the department finds that substantial endangerment of public health or welfare would result from the staying of the conditions.
(3) Any source under an existing permit shall:
(a) Comply with the conditions of the existing permit during any modification or reissuance proceeding; and
(b) To the extent conditions of any new or modified permit are stayed under subsection (2) of this section, comply with the conditions of the existing permit that correspond to the stayed conditions, unless compliance would be technologically incompatible with compliance with other conditions of the new or modified permit that have not been stayed.
(4) For purposes of this section, a small scale local energy project, as defined in ORS 470.050, located in a maintenance area or nonattainment area, and any infrastructure related to that project located in the same area, is considered to provide a net air quality benefit to the extent required by this chapter if the project provides reductions in each air contaminant in the maintenance area or nonattainment area equal to the ratio specified in rules adopted by the commission, unless the department determines that the project will pose a material threat to compliance with air quality standards in the maintenance area or nonattainment area.
(5) As used in this section:
(a) "Maintenance area" has the meaning given that term in rules adopted by the commission.
(b) "Nonattainment area" has the meaning given that term in rules adopted by the commission. [Formerly 449.727 and then 468.310; 2009 c.519 §1; 2013 c.8 §13]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.045 - Activities prohibited without permit; limit on activities with permit.

(1) Without first obtaining a permit pursuant to ORS 468.065, 468A.040 or 468A.155, no person shall:
(a) Discharge, emit or allow to be discharged or emitted any air contaminant for which a permit is required under ORS 468A.040 into the outdoor atmosphere from any air contamination source.
(b) Construct, install, establish, develop, modify, enlarge or operate any air contamination source for which a permit is required under ORS 468A.040.
(2) No person shall increase in volume or strength discharges or emissions from any air contamination source for which a permit is required under ORS 468A.040 in excess of the permissive discharges or emission specified under an existing permit. [Formerly 449.731 and then 468.315]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.060 - Duty to comply with laws, rules and standards.

Any person who complies with the provisions of ORS 468A.055 and receives notification that construction may proceed in accordance therewith is not thereby relieved from complying with any other applicable law, rule or standard. [Formerly 449.739 and then 468.330]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.065 - Furnishing copies of rules and standards to building permit issuing agencies.

Whenever under the provisions of ORS 468A.050 to 468A.070 rules or standards are adopted by either the Environmental Quality Commission or a regional authority, the commission or regional authority shall furnish to all building permit issuing agencies within its jurisdiction copies of such rules and standards. [Formerly 449.722 and then 468.335]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.070 - Measurement and testing of contamination sources; rules.

(1) Pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality shall establish a program for measurement and testing of contamination sources and may perform such sampling or testing or may require any person in control of an air contamination source to perform the sampling or testing, subject to the provisions of subsections (2) to (4) of this section. Whenever samples of air or air contaminants are taken by the department for analysis, a duplicate of the analytical report shall be furnished promptly to the person owning or operating the air contamination source.
(2) The department may require any person in control of an air contamination source to provide necessary holes in stacks or ducts and proper sampling and testing facilities, as may be necessary and reasonable for the accurate determination of the nature, extent, quantity and degree of air contaminants which are emitted as the result of operation of the source.
(3) All sampling and testing shall be conducted in accordance with methods used by the department or equivalent methods of measurement acceptable to the department.
(4) All sampling and testing performed under this section shall be conducted in accordance with applicable safety rules and procedures established by law. [Formerly 449.702 and then 468.340]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.075 - Variances from air contamination rules and standards; delegation to local governments; notices.

(1) The Environmental Quality Commission may grant specific variances which may be limited in time from the particular requirements of any rule or standard to such specific persons or class of persons or such specific air contamination source, upon such conditions as it may consider necessary to protect the public health and welfare. The commission shall grant such 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 granted such variance; or
(b) Special circumstances render strict compliance unreasonable, burdensome or impractical due to special physical conditions or cause; or
(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 handling is yet available.
(2) The commission may delegate the power to grant variances to legislative bodies of local units of government or regional air quality control authorities in any area of the state on such general conditions as it may find appropriate. However, if the commission delegates authority to grant variances to a regional authority, the commission shall not grant similar authority to any city or county within the territory of the regional authority.
(3) A copy of each variance granted, renewed or extended by a local governmental body or regional authority shall be filed with the commission within 15 days after it is granted. The commission shall review the variance and the reasons therefor within 60 days of receipt of the copy and may approve, deny or modify the variance terms. Failure of the commission to act on the variance within the 60-day period shall be considered a determination that the variance granted by the local governmental body or regional authority is approved by the commission.
(4) In determining whether or not a variance shall be granted, the commission or the local governmental body or regional authority 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.
(5) A variance may be revoked or modified by the grantor thereof after a public hearing held upon not less than 10 days’ notice. Such notice shall be served upon all persons who the grantor knows will be subjected to greater restrictions if such variance is revoked or modified, or are likely to be affected or who have filed with such grantor a written request for such notification. [Formerly 449.810 and then 468.345]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.080 - Air and water pollution control permit for geothermal well drilling and operation; enforcement authority of director.

(1) Upon issuance of a permit pursuant to ORS 522.115, the Director of the Department of Environmental Quality shall accept applications for such appropriate permits under air and water pollution control laws as are necessary for the drilling of a geothermal well for which the permit has been issued and shall, within 30 days, act upon such application.
(2) The director shall continue to exercise enforcement authority over a permit issued pursuant to this section; and shall have primary responsibility in carrying out the policy set forth in ORS 468A.010, 468B.015 and rules adopted pursuant to ORS 468B.030, for air and water pollution control at geothermal wells which have been unlawfully abandoned, unlawfully suspended, or completed. [Formerly 468.350]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.085 - Residential open burning of vegetative debris; rules; local government authority.

(1) The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environmental Quality.
(2) After June 30, 1982, the commission may prohibit residential open burning in areas of the state if the commission finds:
(a) Such prohibition is necessary in the area affected to meet air quality standards; and
(b) Alternate disposal methods are reasonably available to a substantial majority of the population in the affected area.
(3)(a) Nothing in this section prevents a local government from taking any of the following actions if that governmental entity otherwise has the power to do so:
(A) Prohibiting residential open burning;
(B) Allowing residential open burning on fewer days than the number of days on which residential open burning is authorized by the commission; or
(C) Taking other action that is more restrictive of residential open burning than a rule adopted by the commission under this section.
(b) Nothing in this section affects any local government ordinance, rule, regulation or provision that:
(A) Is more restrictive of residential open burning than a rule adopted by the commission under this section; and
(B) Is in effect on August 21, 1981.
(c) As used in this subsection, "local government" means a city, county, other local governmental subdivision or a regional air quality control authority established under ORS 468A.105. [Formerly 468.355]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.100 - Definitions for ORS 468A.010 and 468A.100 to 468A.180.

As used in ORS 468A.010 and 468A.100 to 468A.180, unless the context requires otherwise:
(1) "Board of directors" means the board of directors of a regional air quality control authority.
(2) "Governing body" means the county court or city legislative body.
(3) "Participating city" or "participating county" means a city or county or part of a county, or combination thereof, meeting the population requirements of ORS 468A.105 or having had such requirements waived under ORS 468A.110 that has joined with other eligible cities or counties or parts of counties to form a regional air quality control authority.
(4) "Regional authority" means a regional air quality control authority established under the provisions of ORS 468A.105. [Formerly 449.850 and then 468.500]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.105 - Formation of regional air quality control authorities.

(1) Notwithstanding the provisions of any law or charter to the contrary, a regional air quality control authority may be formed of contiguous territory having a population of at least 130,000 and consisting of two or more counties or parts of counties, two or more cities, or any combination thereof, or any county and a city or cities within the county.
(2) A regional authority shall be formed in the following manner:
(a) The cities and counties proposing to form a regional authority shall adopt ordinances or resolutions specifying the name of the proposed regional authority and setting forth the participating cities and counties, the principal places of business and the boundaries of the proposed regional authority; and
(b) A certified copy of the ordinances or resolutions adopted by each city or county shall be filed with the Secretary of State and with the Director of the Department of Environmental Quality; and
(c) The Environmental Quality Commission shall order the regional authority formed if it finds that the participating governments plan adequate financing and the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control.
(3) From and after the date of issuance of the order of the commission, the regional authority shall exercise its functions. [Formerly 449.855 and then 468.505]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.110 - Waiver of population requirements.

The Environmental Quality Commission may waive the population requirement of ORS 468A.105 whenever it is satisfied that adequate financing is planned by the participating governments and that the boundaries of the proposed region encompass territory reasonably included within a regional authority for purposes of air quality control. [Formerly 449.857 and then 468.510]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 468A - Air Quality › Section 468A.115 - Nature of authority.

A regional air quality control authority is a body corporate, having perpetual succession and may:
(1) Sue and be sued.
(2) Adopt a seal.
(3) Acquire and hold real and other property necessary or incident to the exercise of its functions and sell or otherwise dispose of such property. [Formerly 449.870 and then 468.515]