reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.245 - Preliminary assessment of potential facility.

When the Department of Environmental Quality receives information about a release or a threat of release from a potential facility, the department shall evaluate the information and document its conclusions and may approve or conduct a preliminary assessment. However, if the department determines there is a significant threat to present or future public health, safety, welfare or the environment, the department shall approve or conduct a preliminary assessment according to rules of the Environmental Quality Commission. The preliminary assessment shall be conducted as expeditiously as possible within the budgetary constraints of the department. [Formerly 466.563]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.250 - Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.

(1) Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated, stored, transported to, disposed of or released at a facility and the dates thereof, or to the identity or financial resources of a potentially responsible person, shall, upon request by the Department of Environmental Quality or its authorized representative, disclose or make available for inspection and copying such information, documents or records.
(2) Upon reasonable basis to believe that there may be a release of a hazardous substance at or upon any property or facility, the department or its authorized representative may enter any property or facility at any reasonable time to:
(a) Sample, inspect, examine and investigate;
(b) Examine and copy records and other information; or
(c) Carry out removal or remedial action or any other action authorized by ORS 465.200 to 465.485 and 465.900.
(3) If any person refuses to provide information, documents, records or to allow entry under subsections (1) and (2) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry.
(4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the department or its authorized representative shall, upon request by the current owner or operator of the facility or property, provide a portion of any sample obtained from the property or facility to the owner or operator.
(b) The department may decline to give a portion of any sample to the owner or operator if, in the judgment of the department or its authorized representative, apportioning a sample:
(A) May alter the physical or chemical properties of the sample such that the portion of the sample retained by the department would not be representative of the material sampled; or
(B) Would not provide adequate volume to perform the laboratory analysis.
(c) Nothing in this subsection shall prevent or unreasonably hinder or delay the department or its authorized representative in obtaining a sample at any facility or property.
(5) Persons subject to the requirements of this section may make a claim of confidentiality regarding any information, documents or records, in accordance with ORS 466.090. [Formerly 466.565]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.257 - Right of contribution from other person liable for remedial action costs; allocation of orphan share.

(1) Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable under ORS 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following:
(a) The amount of hazardous substances contributed to the facility;
(b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment;
(c) The degree of involvement in the release of the hazardous substance by the liable persons;
(d) The relative culpability or negligence of the liable persons;
(e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility;
(f) The extent of the participation by the liable person in response actions at the facility;
(g) The length of time the facility was owned or operated by the liable person during the time the release occurred;
(h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits;
(i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release;
(j) The circumstances and conditions involved in the facility’s conveyance, including the price paid and any discounts granted; and
(k) The quality of evidence concerning liability and equitable shares.
(2) At the time of trial, if a person who is otherwise liable under ORS 465.255 is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that person’s equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share’s liable person and each other liable person. [1995 c.662 §5]
Note:
465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.265 - "Person" defined for ORS 465.265 to 465.310.

As used in ORS 465.265 to 465.310, "person" includes but need not be limited to a person liable under ORS 465.255. Except as provided in ORS 465.275 (2), "person" does not include the state or any state agency or the federal government or any agency of the federal government. [1989 c.833 §103]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.270 - Legislative findings and intent.

(1) The Legislative Assembly finds that:
(a) The costs of cleanup may result in economic hardship or bankruptcy for individuals and businesses that are otherwise financially viable;
(b) These persons may be willing to clean up their sites and pay the associated costs; however, financial assistance from private lenders may not be available to pay for the cleanup; and
(c) It is in the interest of the public health, safety, welfare and the environment to establish a program of financial assistance for cleanups, to help individuals and businesses maintain financial viability, increasing the share of cleanup costs paid by responsible persons and ultimately decreasing amounts paid from state funds.
(2) Therefore, the Legislative Assembly declares that it is the intent of ORS 465.265 to 465.310:
(a) To assure that moneys for financial assistance are available on a continuing basis consistent with the length and terms provided by the financial assistance agreements; and
(b) To provide authority to the Department of Environmental Quality to develop and implement innovative approaches to financial assistance for cleanups conducted under ORS 465.200 to 465.485 or, at the discretion of the department, under other applicable authorities. [1989 c.833 §102]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.275 - Remedial action and financial assistance program; contracts for implementation.

(1) The Department of Environmental Quality may conduct:
(a) A financial assistance program, including but not limited to loan guarantees, to assist persons in financing the cost of remedial action.
(b) Activities necessary to carry out the purpose of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310, including but not limited to entering into contracts or agreements, making and guaranteeing loans, taking security and instituting appropriate actions to enforce agreements made under ORS 465.285.
(2) The department may enter into a contract or agreement for services to implement a financial assistance program with any person, including but not limited to a financial institution or a unit of local, state or federal government. The services may include but need not be limited to evaluating creditworthiness of applicants, preparing and marketing financial assistance packages and administering and servicing financial assistance agreements. [1989 c.833 §104]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.280 - Rules; insuring tax deductibility of interest on bonds.

In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.381, 468.220, 468.230 and 465.265 to 465.310 and to insure that interest on bonds issued under ORS 468.195 to be used for removal or remedial action of hazardous substances is not includable in gross income under the United States Internal Revenue Code. [1989 c.833 §105]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.285 - Requirements for financial assistance; contents of agreements.

(1) The Department of Environmental Quality may provide financial assistance only to persons who meet all of the following eligibility requirements:
(a) The department has determined that removal or remedial action proposed by the applicant is necessary to protect the public health, safety and welfare or the environment.
(b) The applicant demonstrates to the department’s satisfaction that the applicant either is unable to obtain financing for the removal or remedial action from other sources or that financing for the removal or remedial action is not available to the applicant at reasonable rates and terms.
(c) The applicant demonstrates to the department’s satisfaction that there is a reasonable likelihood the applicant has the ability to repay.
(d) The applicant agrees to conduct the removal or remedial action according to an agreement with the department.
(e) Any other requirement the department considers necessary or appropriate.
(2) A financial assistance agreement shall include any provision the department considers necessary, but shall at least include the following provisions:
(a) Terms of the financial assistance; and
(b) A statement that moneys obligated by the department under the agreement are limited to moneys in the Hazardous Substance Remedial Action Fund expressly designated by the department for financial assistance purposes. [1989 c.833 §106]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.290 - Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations.

(1) The obligation of the Department of Environmental Quality to provide financial assistance or to advance money under a financial assistance agreement made under ORS 465.285 shall not constitute an obligation against the General Fund or any other state fund except against the Hazardous Substance Remedial Action Fund to the extent moneys in the Hazardous Substance Remedial Action Fund are expressly designated by the department for such financial assistance purposes.
(2) The department may provide a remedial action cost estimate for use by the department, a lender or a guarantor in determining the amount of financial assistance, evaluating the creditworthiness of a borrower, providing loan guarantees or as the department considers appropriate.
(3) When financial assistance is provided to a local governmental unit, the agreement may be secured as the department requires for adequate security.
(4) The department may take any action under ORS 465.260, 465.330 or 465.335 or other applicable authority to recover costs incurred or moneys advanced under a financial assistance agreement. Costs incurred or money advanced under a financial assistance agreement entered into under ORS 465.285 shall be remedial action costs. At the department’s discretion, the department may file a claim of lien for such remedial action costs in accordance with the procedures set forth in ORS 465.335 (1), (2)(a) to (c), (3) and (4).
(5) The department may settle, compromise or release all or part of any obligation arising under a financial assistance agreement so long as the department’s action is consistent with the purposes of ORS 465.265 to 465.310. [1989 c.833 §107]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.295 - Decision regarding financial assistance not subject to judicial review.

Notwithstanding any provision of ORS chapter 183, the decision of the Department of Environmental Quality to approve or deny financial assistance under ORS 465.265 to 465.310 or the department’s determination of the amount or use of a remedial action cost estimate under ORS 465.290 shall not be subject to appeal to the Environmental Quality Commission or subject to judicial review. [1989 c.833 §108]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.300 - Records and financial assistance applications exempt from disclosure as public record.

Financial records and other information that are submitted to the Department of Environmental Quality as part of an application for financial assistance under ORS 465.265 to 465.310 shall be exempt from disclosure under ORS 192.311 to 192.478, unless the public interest requires disclosure in a particular instance. [1989 c.833 §109]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.305 - Application fees; rules.

The Environmental Quality Commission may establish by rule reasonable fees for applicants for financial assistance sufficient to pay for the costs of the Department of Environmental Quality of carrying out the provisions of ORS 465.265 to 465.310. [1989 c.833 §110]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.310 - Accounting procedure for financial assistance moneys.

For the purposes of ORS 465.265 to 465.310, the Department of Environmental Quality may place moneys for the purpose of providing financial assistance in reserve status or subaccounts within the Hazardous Substance Remedial Action Fund. Moneys placed in reserve status or subaccounts under this section in connection with a financial assistance agreement shall not be subject to claims under ORS 465.260 or otherwise except as provided in the financial assistance agreement. [1989 c.833 §111]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.320 - Notice of proposed remedial action or release from liability; receipt and consideration of comment; notice of approval of remedial action or release from liability.

Except as provided in ORS 465.260 (3), before approval of any remedial action to be undertaken by the Department of Environmental Quality or any other person, adoption of a certification decision under ORS 465.325 or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, the department shall:
(1) Publish a notice and brief description of the proposed action in a local paper of general circulation and in the Secretary of State’s Bulletin, and make copies of the proposal available to the public.
(2) Provide at least 30 days for submission of written comments regarding the proposed action, and, upon written request by 10 or more persons or by a group having 10 or more members, conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding the proposed action.
(3) Consider any written or verbal comments before approving the removal or remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order.
(4) Upon final approval of the remedial action or providing a release from liability under ORS 465.327 to a party in a judicial consent judgment or an administrative consent order, publish notice, as provided under subsection (1) of this section, and make copies of the approved action available to the public. [Formerly 466.575; 2011 c.487 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.330 - State remedial action costs; payment; effect of failure to pay.

(1) The Department of Environmental Quality shall keep a record of the state’s remedial action costs.
(2) Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 465.255 or 465.260 to pay the amount of the state’s remedial action costs and, if applicable, punitive damages.
(3) If the state’s remedial action costs and punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount owed, plus reasonable legal expenses.
(4) All moneys received by the department under this section shall be deposited in the Hazardous Substance Remedial Action Fund established under ORS 465.381 if the moneys received pertain to a removal or remedial action taken at any facility. [Formerly 466.580]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.333 - Recovery of costs of program development, rulemaking and administrative actions as remedial action costs; determination of allocable costs.

Notwithstanding ORS 291.050 to 291.060, the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative actions required by the provisions of ORS 465.315, 465.325 and 465.327. After July 18, 1995, the department may recover such costs by requiring any person liable under ORS 465.255 or 465.260 or any person otherwise undertaking removal or remedial action under the department’s oversight to pay such costs. Each person shall pay that portion of costs under ORS 465.315, 465.325 and 465.327 that the department determines to be allocable to removal or remedial action at the person’s facility, using generally accepted accounting principles and as necessary to be charged per facility to recover the department’s costs of implementing ORS 465.315, 465.325 and 465.327. [1995 c.662 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.

(1) All of the state’s remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260 or 465.900 shall constitute a lien upon any real and personal property owned by the person.
(2) At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain:
(a) A statement of the demand;
(b) The name of the person against whose property the lien attaches;
(c) A description of the property charged with the lien sufficient for identification; and
(d) A statement of the failure of the person to conduct removal or remedial action and pay penalties and damages as required.
(3) The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens.
(4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 465.255, 465.260 or 465.900. [Formerly 466.583]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.375 - Monthly fee of operators; amount; use of moneys.

(1) Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a permit issued under ORS 466.005 to 466.385 and 466.992 shall pay a hazardous waste management fee by the 45th day after the last day of each month for all waste brought into the facility during that month for treatment by incinerator or for disposal by landfill at the facility. The operator of the facility shall provide to every person who disposes of waste at the facility a statement showing the amount of the hazardous waste management fee paid by the person to the facility.
(2) The hazardous waste management fee under subsection (1) of this section shall be $20 a ton.
(3) In addition to the fee required under subsection (2) of this section, $10 per ton shall be included as part of the hazardous waste management fee for waste described in subsection (1) of this section.
(4) The additional amounts collected under subsection (3) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to be used to carry out the department’s duties under ORS 466.005 to 466.385 related to the management of hazardous waste.
(5) At least 50 percent of the fees collected under subsection (3) of this section shall be used by the department to implement ORS 466.068. [Formerly 466.587; 1991 c.721 §1; 1995 c.552 §1; 2005 c.622 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.376 - Special hazardous waste management fees; use of fees.

(1) Notwithstanding ORS 465.375 (2) and (3), the hazardous waste management fee shall be:
(a) $20 per ton for waste received by the facility that is:
(A) PCB under Oregon or federal law;
(B) Hazardous waste that becomes subject to regulation solely as a result of removal or remedial action taken in response to environmental contamination; or
(C) Hazardous waste that results from corrective action or closure of a regulated or nonregulated waste management unit.
(b) $5 per ton for waste that is:
(A) A characteristic hazardous waste at the point of generation and that has been treated at the facility or at an off-site location so that the waste no longer exhibits the characteristics of hazardous waste and so that the waste complies with any applicable land disposal requirements;
(B) Liquid waste when the waste is received and treated at a wastewater treatment unit at the facility so that the waste does not exhibit any characteristics of hazardous waste and so that the resulting liquid is managed at a permitted unit at the facility;
(C) Solid waste that results from cleanup activities and that must be disposed of in a facility for the disposal of hazardous waste as a result of restrictions imposed under ORS 459.055 (8) or 459.305 (7); or
(D) Solid waste that is not hazardous waste or PCB under a state or federal law at the point of generation and that is not a hazardous waste under Oregon law.
(2) Upon the request of the Department of Environmental Quality, a facility shall allow the department to review the information relating to waste received by the facility that the facility used to determine the hazardous waste management fee for the types of waste described in subsection (1)(a) of this section.
(3) Fees collected by the department under subsection (1) of this section shall be deposited in the State Treasury to the credit of an account of the department. Such moneys are continuously appropriated to the department to be used:
(a) To carry out the department’s duties under ORS 466.005 to 466.385 related to the management of hazardous waste; and
(b) For the purposes described in ORS 465.381 (5).
(4)(a) Notwithstanding ORS 465.375 and subsection (1) of this section, the department, in consultation with the Environmental Quality Commission, may proportionally adjust the fees established under ORS 465.375 and subsection (1) of this section to meet, but not exceed, the revenue needs of the department consistent with the budget authorized by the Legislative Assembly.
(b) The increased amount of fees under paragraph (a) of this subsection may not exceed the amount necessary for the department to accomplish the purposes set forth in ORS 465.381 (5) and 466.005 to 466.385. [2005 c.622 §3; 2021 c.567 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.378 - Department to work with other states to avoid disruption of waste flows.

The Department of Environmental Quality shall work cooperatively with other states to avoid disrupting or changing waste flows between states that may be caused by the establishment or adjustment of state disposal fees. [1995 c.552 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.386 - Commission authorized to increase fees; rules; basis of increase; amount of increase.

(1) Notwithstanding the totals established in ORS 459.236, the Environmental Quality Commission by rule may increase the total amount to be collected annually as a fee and deposited into the Orphan Site Account under ORS 459.236. The commission shall approve an increase if the commission determines:
(a) Existing fees being deposited into the Orphan Site Account are not sufficient to pay debt service on bonds sold to pay for removal or remedial actions at sites where the Department of Environmental Quality determines the responsible party is unknown or is unwilling or unable to undertake all required removal or remedial action; or
(b) Revenues from the sale of bonds cannot be used to pay for activities related to removal or remedial action, and existing fees being deposited into the Orphan Site Account are not sufficient to pay for these activities.
(2) The increased amount approved by the commission under subsection (1) of this section:
(a) Shall be no greater than the amount needed to pay anticipated costs specifically identified by the Department of Environmental Quality at sites where the department determines the responsible party is unknown, unwilling or unable to undertake all required removal or remedial action; and
(b) Shall be subject to prior approval by the Oregon Department of Administrative Services and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board during the interim period between sessions. [1993 c.707 §7 (enacted in lieu of 465.385); 1999 c.534 §2; 2007 c.71 §146; 2023 c.602 §12]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.391 - Effect of certain laws on liability of person.

Nothing in ORS 453.396 to 453.408, 453.414, 459.236 and 459.311, including the limitation on the amount a local government unit must contribute under ORS 459.236 and 459.311, shall be construed to affect or limit the liability of any person. [1993 c.707 §9 (enacted in lieu of 465.390)]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.400 - Rules; designation of hazardous substance.

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.200 to 465.485 and 465.900.
(2)(a) Within one year after July 16, 1987, the commission shall adopt rules establishing the levels, factors, criteria or other provisions for the degree of cleanup including the control of further releases of a hazardous substance, and the selection of remedial actions necessary to assure protection of the public health, safety, welfare and the environment.
(b) In developing rules pertaining to the degree of cleanup and the selection of remedial actions under paragraph (a) of this subsection, the commission may, as appropriate, take into account:
(A) The long-term uncertainties associated with land disposal;
(B) The goals, objectives and requirements of ORS 466.005 to 466.385;
(C) The persistence, toxicity, mobility and propensity to bioaccumulate of such hazardous substances and their constituents;
(D) The short-term and long-term potential for adverse health effects from human exposure to the hazardous substance;
(E) Long-term maintenance costs;
(F) The potential for future remedial action costs if the alternative remedial action in question were to fail;
(G) The potential threat to human health and the environment associated with excavation, transport and redisposal or containment; and
(H) The cost effectiveness.
(3)(a) By rule, the commission may designate as a hazardous substance any element, compound, mixture, solution or substance or any class of substances that, should a release occur, may present a substantial danger to the public health, safety, welfare or the environment.
(b) Before designating a substance or class of substances as a hazardous substance, the commission must find that the substance, because of its quantity, concentration, or physical, chemical or toxic characteristics, may pose a present or future hazard to human health, safety, welfare or the environment should a release occur. [Formerly 466.553]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.405 - Rules; "confirmed release"; "preliminary assessment."

(1) The Environmental Quality Commission shall adopt by rule:
(a) A definition of "confirmed release" and "preliminary assessment"; and
(b) Criteria to be applied by the Director of the Department of Environmental Quality in determining whether to remove a facility from the list and inventory under ORS 465.230.
(2) In adopting rules under this section, the commission shall exclude from the list and inventory the following categories of releases to the extent the commission determines the release poses no significant threat to present or future public health, safety, welfare or the environment:
(a) De minimis releases;
(b) Releases that by their nature rapidly dissipate to undetectable or insignificant levels;
(c) Releases specifically authorized by and in compliance with a current and legally enforceable permit issued by the Department of Environmental Quality or the United States Environmental Protection Agency; or
(d) Other releases that the commission finds pose no significant threat to present and future public health, safety, welfare or the environment.
(3) The director shall exclude from the list and inventory releases the director determines have been cleaned up to a level that:
(a) Is consistent with rules adopted by the commission under ORS 465.400; or
(b) Poses no significant threat to present or future public health, safety, welfare or the environment. [1989 c.485 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.410 - Ranking of inventory according to risk; rules.

In addition to the rules adopted under ORS 465.405, the Environmental Quality Commission shall adopt by rule a procedure for ranking facilities on the inventory based on the short-term and long-term risks they pose to present and future public health, safety, welfare or the environment. [1989 c.485 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.420 - Remedial Action Advisory Committee.

The Director of the Department of Environmental Quality shall appoint a Remedial Action Advisory Committee in order to advise the Department of Environmental Quality in the development of rules for the implementation of ORS 465.200 to 465.485 and 465.900. The committee shall be comprised of members representing at least the following interests:
(1) Citizens;
(2) Local governments;
(3) Environmental organizations; and
(4) Industry. [Formerly 466.555]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.425 - "Security interest holder" defined for ORS 465.430 to 465.455.

As used in ORS 465.430 to 465.455, "security interest holder" means a person who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in a facility. [1991 c.680 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.430 - Legislative findings.

(1)(a) The Legislative Assembly finds that existing federal and state law related to liability of a security interest holder for environmental contamination is unclear, and that such lack of clarity has created uncertainty on the part of security interest holders as to whether security interest holders are liable for environmental contamination caused by their borrowers or other third parties.
(b) The Legislative Assembly therefore declares that clarification regarding such potential liability in a manner consistent with federal statutes and regulations is desirable in order to provide certainty for security interest holders and to encourage responsible practices by security interest holders and borrowers to protect the public health and the environment.
(2)(a) The Legislative Assembly also finds that uncertainty exists in state law as to potential liability of certain fiduciaries for environmental contamination at property held in their fiduciary capacity.
(b) The Legislative Assembly therefore declares that it is in the public interest to provide an exemption from such potential liability in certain circumstances. [1991 c.680 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.435 - Rules relating to exemption from liability for security interest holder.

(1) The Environmental Quality Commission may adopt rules necessary to clarify the scope and meaning of the exemption from liability under ORS 465.255 of a security interest holder. The rules shall:
(a) Identify activities that are consistent with holding and protecting a security interest in a facility and therefore exempt from liability under ORS 465.255;
(b) Identify the extent to which a security interest holder may undertake activities to oversee the affairs of a borrower for purposes of protecting a security interest in a facility and continue to be exempt from the liability imposed under ORS 465.255;
(c) Identify the activities a security interest holder may undertake in connection with foreclosure on a security interest in a facility and continue to be exempt from the liability imposed under ORS 465.255; and
(d) Allow a security interest holder to encourage and require responsible environmental management by borrowers.
(2) In adopting rules under subsection (1) of this section, the commission shall:
(a) Exclude the mere capacity or unexercised right to influence a facility’s management of hazardous substance from activities that might void a security interest holder’s exemption from liability; and
(b) Distinguish activities that are consistent with holding, protecting and foreclosing of a security interest, and that are therefore exempt from liability, from activities that constitute actual participation in the management of a facility that may be grounds for liability under ORS 465.255.
(3) In adopting rules under subsection (1) of this section, the commission shall consider and, to the extent consistent with subsections (1) and (2) of this section, adopt rules parallel in effect to any federal statute or regulation, adopted and effective on or after May 1, 1991, pertaining to the scope and meaning of the exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (P.L. 96-510 and 99-499), of a security interest holder. [1991 c.680 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.440 - Rules relating to exemption from liability for fiduciary.

In accordance with the purposes of ORS 465.425 to 465.455, the Environmental Quality Commission by rule shall define the instances in which a person acting under ORS chapter 709 and in a fiduciary capacity shall be exempt from liability for environmental contamination at property the fiduciary holds in a fiduciary capacity. In adopting the rules, the commission shall consider and, to the extent appropriate, provide exemptions from liability for the fiduciaries that are similar in purpose and effect to those exemptions provided for security interest holders under rules adopted under ORS 465.435. [1991 c.680 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.445 - Advisory committee.

The Director of the Department of Environmental Quality shall appoint an advisory committee to advise the Department of Environmental Quality and the Environmental Quality Commission in the development of rules under ORS 465.435 and 465.440. [1991 c.680 §6]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.450 - Limitation on commission’s discretion to adopt rules.

Notwithstanding the discretion otherwise allowed under ORS 465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the Environmental Quality Commission shall adopt rules under ORS 465.435. [1991 c.680 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.455 - Construction of ORS 465.425 to 465.455.

Nothing in ORS 465.425 to 465.455 or any rule adopted under ORS 465.435 or 465.440 shall be construed to impose liability on a security interest holder or fiduciary or to expand the liability of a security interest holder or fiduciary beyond that which might otherwise exist. [1991 c.680 §8]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.475 - Definitions for ORS 465.475 to 465.484.

For the purposes of ORS 465.475 to 465.484:
(1) "Environmental claim" means a claim for defense or indemnity submitted under a general liability insurance policy by an insured facing, or allegedly facing, potential liability for bodily injury or property damage arising from a release of pollutants onto or into land, air or water.
(2) "General liability insurance policy" means any contract of insurance that provides coverage for the obligations at law or in equity of an insured for bodily injury, property damage or personal injury to others. "General liability insurance policy" includes but is not limited to a pollution liability insurance policy, a commercial general liability insurance policy, a comprehensive general liability policy, an excess liability policy, an umbrella liability insurance policy or any other kind of policy covering the liability of an insured for the claims of third parties. "General liability insurance policy" does not include homeowner or motor vehicle policies or portions of other policies relating to homeowner or motor vehicle coverages, claims-made policies or portions of other policies relating to claims-made policies or specialty line liability coverage such as directors and officers insurance, errors and omissions insurance or other similar policies.
(3) "Insured" means any person included as a named insured on a general liability insurance policy who has or had a property interest in a site in Oregon that involves an environmental claim.
(4) "Lost policy" means any part or all of a general liability insurance policy that is alleged to be ruined, destroyed, misplaced or otherwise no longer possessed by the insured.
(5) "Policy" means the written contract or agreement, and all clauses, riders, endorsements and papers that are a part of the contract or agreement, for or effecting insurance. [1999 c.783 §2; 2003 c.799 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.478 - Legislative findings.

The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted sites in this state. The State of Oregon has a substantial public interest in promoting the fair and efficient resolution of environmental claims while encouraging voluntary compliance and regulatory cooperation. [1999 c.783 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.481 - General liability insurance policies; assignment.

(1) A general liability insurance policy that contains a provision that requires the consent of an insurance company before the rights under an insurance policy may be assigned may not prohibit the assignment without consent of an environmental claim for payment under the policy for losses or damages that commenced prior to the assignment. The assignment and any release or covenant given for the assignment may not extinguish the cause of action against the insurer unless the assignment specifically so provides.
(2) The provisions of this section apply without limitation to voluntary assignments, assignments made in settlement of an environmental claim against a policyholder, assignments made as a matter of law and assignments made in the course of a corporate insured reorganization, merger, acquisition or liquidation. [2013 c.350 §2]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.

(1) If the provisions of a general liability insurance policy impose a duty to defend upon an insurer, and the insurer has undertaken the defense of an environmental claim on behalf of an insured under a reservation of rights, or if the insured has potential liability for the environmental claim in excess of the limits of the general liability insurance policy, the insurer shall provide independent counsel to defend the insured who shall represent only the insured and not the insurer.
(2)(a)(A) Independent counsel retained by the insurer to defend the insured under the provisions of this section must be experienced in handling the type and complexity of the environmental claim at issue.
(B) If independent counsel who meet the requirements specified in this paragraph are not available within the insured’s community, then independent counsel from outside the insured’s community who meet the requirements of this paragraph must be considered.
(b)(A) An insurer may retain environmental consultants to assist an independent counsel described in subsection (1) of this section. Any environmental consultants retained by the insurer must be experienced in responding to the type and complexity of the environmental claim at issue.
(B) If environmental consultants who meet the requirements specified in this paragraph are not available within the insured’s community, then environmental consultants from outside the insured’s community who meet the requirements of this paragraph must be considered.
(c) As used in this subsection, "experienced" means an established environmental practice that includes substantial defense experience in the type and complexity of environmental claim at issue.
(3)(a) The obligation of the insurer to pay fees to independent counsel and environmental consultants is based on the regular and customary rates for the type and complexity of environmental claim at issue in the community where the underlying claim arose or is being defended.
(b) In the event of a dispute concerning the selection of independent counsel or environmental consultants, or the fees of the independent counsel or an environmental consultant, either party may request that the other party participate in nonbinding environmental claim mediation described in ORS 465.484 (2).
(4) The provisions of this section do not relieve the insured of its duty to cooperate with the insurer under the terms of the insurance contract. [2013 c.350 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 465 - Hazardous Waste and Hazardous Materials I › Section 465.550 - Definitions for ORS 465.550 and 465.555.

As used in ORS 465.550 and 465.555:
(1) "Chemical agents" means:
(a) Blister agents, such as mustard gas;
(b) Nerve agents, such as sarin and VX;
(c) Residues from demilitarization, treatment and testing of blister agents; and
(d) Residues from demilitarization, treatment and testing of nerve agents.
(2) "Major recovery action" means a recovery action that will take more than one year to complete and that will employ 200 or more individuals.
(3) "Major remedial action" means a remedial action that will take more than one year to complete and that will employ 200 or more individuals.
(4) "Owner" means a person or the State of Oregon, the United States of America or any agency, department or political subdivision thereof that owns, possesses or controls property upon which a remedial or recovery action involving stored chemical agents is conducted.
(5) "Recovery action" means any activity designed to mitigate the effects of an unintended release of chemical agents into the air, water or soil of this state.
(6) "Remedial action" means any activity intended to prevent the release of chemical agents into the air, water or soil of this state. "Remedial action" includes controlled destruction of chemical agents. [1997 c.554 §1]
Note:
465.550 and 465.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.