reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0065 - Priority Ranking System

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall determine the order in which to use funds
				from the Account using standardized site assessment prioritization criteria.
				The criteria shall include but not be limited to:
(1) Risk to the environment based on the
			 following:
(a) Solvent and waste
			 containment;
(b) Depth to which
			 soil is contaminated with dry cleaning solvent;
(c) Depth to groundwater;
(d) Distance to known groundwater
			 wells;
(e) Soil type;
(f) Distance to surface water;
(g) Quantity of soil or groundwater
			 contaminated with dry cleaning solvent;
(h) Current and reasonably likely future use
			 of groundwater and land affected by contamination;
(i) Toxicity of dry cleaning
			 solvent;
(j) Water solubility of
			 dry cleaning solvent;
(k) Land use
			 and sensitive populations near hazardous substance;
(l) Vulnerable areas near hazardous
			 substance; and
(m) Likelihood for
			 direct exposure to hazardous substance.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0070 - Remedial Actions Prior to Funding from Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person performing remedial action at a
			 dry cleaning facility may apply to the Department to be reimbursed by the
			 Account for remedial action costs incurred. The Department may use funds from
			 the Account to reimburse the claimant for remedial action costs at the facility
			 under the following circumstances:
(a)
			 Reimbursement from the Account shall be made in accordance with a written
			 agreement or order between the claimant and the Department expressly
			 authorizing reimbursement from the Account. The agreement or order must be
			 entered into before the claimant conducts any remedial action for which
			 reimbursement will be sought;
(b)
			 Actions of the claimant expedite remedial action at the site;
(c) Remedial actions are conducted under
			 Departmental oversight pursuant to the agreement or order;
(d) Costs are preapproved and determined by
			 the Department to be reasonable and necessary;
(e) Funds from the Account will not be used
			 for costs incurred during remedial action due to negligence or incompetence of
			 claimant or claimant's agent; and
(f) A claim filed against the Account may be
			 paid only from monies in the Account and only in accordance with the provisions
			 of these rules. Any obligation to pay or reimburse claims against the Account
			 shall be expressly contingent upon availability of monies in the Account.
			 Neither the State nor any of its agencies shall have any obligation to pay or
			 reimburse any costs for which monies are not available in the
			 Account.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 124 - STANDARDS APPLICABLE TO DRY CLEANING FACILITIES AND DRY STORES › Section 340-124-0080 - Enrolled Inactive Site List

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The opportunity to be listed is limited to inactive dry cleaning facilities
			 eligible to receive funding from the Account as of December 31, 2001.
(2) To be eligible to receive funding from
			 the Dry Cleaner Environmental Response Account, the current or former owner or
			 former operator of an inactive dry cleaning facility or its representative must
			 submit a completed Listing Application Form as provided by the Department.
(a) For facilities that became inactive
			 before December 31, 2001, an application for listing must be submitted on or
			 before January 1, 2003.
(b) For
			 facilities that become inactive after January 1, 2002, an application for
			 listing must be submitted within 180 days of becoming an inactive dry cleaning
			 facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0001 - Purpose and Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules implementORS 466.360 to 466.385 (Notice of Environmental
			 Hazards).
(2) Recognizing that
			 sites with waste or contamination exist in the state that, if altered, are
			 potentially hazardous to the health, safety and welfare of Oregon's citizens,
			 the Commission declares that:
(a) Locations
			 of potentially hazardous sites should be made known to local governments,
			 property owners and occupants, and neighbors and future purchasers of
			 property;
(b) Use restrictions
			 implemented through city and county comprehensive plans and land use
			 regulations may be necessary on potentially hazardous sites to protect the
			 public health, safety and the environment;
(c) Changes in uses of potentially hazardous
			 sites should be reviewed; and
(d)
			 An environmental hazard notice is a long-term tool to ensure a potentially
			 hazardous site is not altered without first considering the impacts of the
			 activity on the public health, safety and the environment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this Division, the following definitions
				apply:
(1) "Commission" means the
			 Environmental Quality Commission.
(2) "Council" means the Energy Facility
			 Siting Council.
(3) "Department"
			 means the Department of Environmental Quality.
(4) "Director" means the Director of the
			 Department of Environmental Quality.
(5) "Dispose" or "Disposal" has the meaning
			 contained inORS 466.005(4).
(6)
			 "Environmental Hazard Notice" means a document prepared by the Department and
			 issued to a city and/or a county by the Commission containing:
(a) The legal description of the lot or
			 parcel, or lots or parcels, where the potential hazardous site is
			 located;
(b) A specific description
			 of the site, if different than the legal description of subsection (a) of this
			 section, for which the notice applies;
(c) A general map of the area where the site
			 is located;
(d) A description of
			 the types of waste and levels of contamination identified or known to be
			 present at the site;
(e) The use
			 restrictions that apply to the site; and
(f) Findings which support the decision to
			 issue an environmental hazard notice for the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0010 - Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 section (2) of this rule, an environmental hazard notice shall not be issued
			 for a site:
(a) Where investigation or
			 cleanup activities are occurring or where the Department has determined will
			 occur; or
(b) Which presently is
			 regulated by a disposal, discharge, or management permit or an order requiring
			 remedial action, closure or corrective action issued by the Department or
			 Commission; or
(c) Where spills and
			 releases have been or are being cleaned up pursuant to ORS 466.205, 466.645,
			 468.795, or the cleanup standards provided in OAR 340-108-0030.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0015 - Factors for Issuing a Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 One or more of the following factors shall be considered by the Commission when
			 determing whether to issue an environmental hazard notice for a particular
			 site:
(a) The likelihood that the site could
			 threaten public health, safety or the environment if altered;
(b) Population at risk;
(c) Routes of exposure;
(d) The amount, concentration and hazardous,
			 toxic and radioactive properties of the waste or contamination present at the
			 site;
(e) The environmental impact
			 of the waste or contamination (including, but not limited to, the impact on air
			 and water quality, flora, and fauna) if the site is altered;
(f) Surface water and groundwater
			 hydrological factors (including, but not limited to, soil permeability, depth
			 to saturated zone, hydrologic gradients, proximity to drinking water aquifers,
			 floodplains and wetlands proximity);
(g) Current and potential surface water and
			 groundwater impacts and use;
(h)
			 Climate;
(i) The requirements which
			 were or are part of the closure and post-closure program for the site
			 (including, but not limited to, final cover and cap, liners, leachate or gas
			 collection, control or treatment systems, surface water control systems, any
			 other components of containment, control or monitoring systems);
(j) The need to be consistent with any deed
			 or recording which already provides notice or is required to provide notice of
			 environmental hazards at a site.
(k) Level of regulatory control during the
			 active life of the site;
(l)
			 History of impacts to the public health, safety or the environment resulting
			 from the waste or contamination at the site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0020 - Use Restrictions to Accompany a Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission shall include use
			 restrictions when it issues an environmental hazard notice. Use restrictions
			 are included with a notice to ensure that uses at a potentially hazardous site
			 do not cause the site to be altered in a manner that threatens the public
			 health, safety or the environment.
(2) Subject to section (3) of this rule, the
			 list of use restrictions contained in section (4) of this rule shall accompany
			 an environmental hazard notice issued by the Commission.
(3) When the Commission issues an
			 environmental hazard notice, it may:
(a)
			 Delete or modify one or more use restrictions of section (4) of this rule if it
			 finds that the public health, safety, and the environment are sufficiently
			 protected; and
(b) Add or modify
			 one or more use restrictions of section (4) of this rule if it finds that the
			 public health, safety or the environment is not sufficiently
			 protected.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0025 - Procedure for Issuing a Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In additional to sites identified by the Department, any person may request, in
			 writing, that the Department ask the Commission to issue an environmental
			 hazard notice for a particular site. The request must include information which
			 supports the request. Following receipt of a request, the Department shall
			 review it an act upon the request. Within 30 days of receiving the request, the
			 Department shall notify the person making the request when the Department plans
			 to consider the request.
(2) Any
			 request from the Oregon Department of Energy to issue an environmental hazard
			 notice for a site, and any subsequent Department and Commission action in
			 response to the request, shall conform to an interagency agreement consistent
			 with these rules and approved by the Department of Energy and the
			 Department.
(3) At least 90 days
			 before the Commission considers issuance of an environmental hazard notice for
			 a site, the Department shall notify the site owner of the lot or parcel, or
			 lots or parcels, where the site is located of the proposed action. This
			 notification shall include preliminary proposed findings which would be used to
			 support a decision to issue an environmental hazard notice for the
			 site.
(4) Within 30 days following
			 the notification of section (3) of this rule, an owner desiring to clean up a
			 site or more clearly define the waste or contamination at a site may submit a
			 proposed plan to the Department. The Department may extend the 30 day period
			 for submission of the plan if the Department is satisfied that the owner needs
			 more time to complete the plan. The Commission shall not issue an environmental
			 hazard notice for a site during implementation of a plan approved by the
			 Department for cleanup or more accurate definition of the waste or
			 contamination, if the plan is being followed.
(5) The Department shall issue a public
			 notice as to its intent to request that the Commission issue an environmental
			 hazard notice, allowing at least 30 days for written comment. The public notice
			 shall be sent to at least the following persons:
(a) The owner of the lot or parcel, or lots
			 or parcels, where the site is located;
(b) Property owners within 250 feet of the
			 site;
(c) Any water right holders
			 on the site;
(d) Any person with a
			 recorded interest in the site;
(e)
			 The affected city and/or county;
(f) Other interested persons who have
			 requested in writing that the Department notify them.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0030 - Procedures for Rescinding or Modifying a Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided by sections (2)
			 through (5) of this rule, any modification or rescission of an environmental
			 hazard notice shall follow the requirements for issuance of an environmental
			 hazard notice in OAR
			 340-130-0025.
(2) The owner of a site for which an
			 environmental hazard notice has been issued and who is proposing an alteration
			 or change of use on the site may request that the Department delete or modify
			 one or more use restrictions contained in the environmental hazard notice. The
			 request shall be in writing and include any information which aids the
			 Department in acting upon the request.
(3) The Department shall issue a public
			 notice as to its intent to modify or delete one or more use restrictions
			 contained in an environmental hazard notice, allowing at least 30 days for
			 written comment. The public notice shall be sent to at least the following
			 persons:
(a) The owner of the lot or parcel,
			 or lots or parcels, where the site is located;
(b) Property owners within 250 feet of the
			 site;
(c) Any water right holders
			 on the site;
(d) Any person with a
			 recorded interest in the site;
(e)
			 The affected city and/or county;
(f) Other interested persons who have
			 requested in writing that the Department notify them.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 130 - ENVIRONMENTAL HAZARD NOTICES › Section 340-130-0035 - Procedures for Cities and Counties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the adoption of OAR Chapter
			 340, Division 130 by the Commission, the Department shall notify all cities and
			 counties of their potential responsibilities to carry out the provisions ofORS
			 466.360 to 466.385 and this rule. The notification shall include:
(a) A copy and a brief summary explaining the
			 requirements ofORS 466.360 to 466.385 and OAR Chapter 340, Division
			 130;
(b) Model language for
			 amending comprehensive plans and land use regulations to incorporate procedures
			 to implement environmental hazard notices; and
(c) Information describing how to obtain
			 technical assistance from the Department of Land Conservation and Development
			 and the Department of Environmental Quality to assist cities and counties in
			 complying with this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to reference the Oregon statute
				that describes the planning and reporting requirements for toxic use reduction
				and hazardous waste reduction. The rules are adopted pursuant to the authority
				of and are to be used in conjunction with ORS 465.003 through 465.037. Other
				federal, state and local programs may contain additional
				requirements.
Stat. Auth.: ORS 465.003 - 465.037
Stats. Implemented: ORS 465.003 -
				  465.037
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0010 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 places a high priority on reducing toxic substances use and hazardous waste
			 whenever technically and economically practicable as described in ORS
			 465.006.
(2) The Department will
			 attempt to coordinate with universities and other state and federal toxics use
			 and hazardous waste programs, emphasizing data and information exchange,
			 training programs, and technology transfer.
Stat. Auth.: ORS 465.003 - 465.037, 466
Stats. Implemented: ORS 465.006,
				  465.012
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions in
			 ORS 465.003(1) through 465.003(13) apply to OAR
			 340-135-0000  through
			 340-135-0110.
(2) "Department" means the Department of
			 Environmental Quality.
Stat. Auth.: ORS 465.003, 466.005, 466.015 & 468
Stats. Implemented: ORS
				  465.003
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0030 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 340-135
			 applies to toxics users as defined in ORS
			 465.003,
			 which include:
(a) Facilities required to
			 submit a uniform toxic chemical release form under the federal Toxics Release
			 Inventory (TRI) program, defined as large users in ORS
			 465.003(6);
(b) Large quantity generators of hazardous
			 waste; and
(c) Small quantity
			 generators of hazardous waste.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0040 - Toxic Substances and Hazardous Wastes Identification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Toxic
			 substances as defined in ORS 465.003(9) and hazardous wastes as defined in
			 465.003(5) are subject to the planning and reporting requirements set forth in
			 this rule, except those materials listed in
			 340-135-0030(2)(b)
 
			 of this rule.
(2) The Environmental
			 Quality Commission may add or delete toxic substances and hazardous wastes or
			 modify the definition of large user as provided by ORS 465.009. The Commission
			 will consider, at a minimum, the following conditions when adding, modifying,
			 or deleting from the lists:
(a) Proportionate
			 volume of toxic substance or hazardous waste unique to Oregon; or
(b) Amount of regional solid waste or
			 hazardous waste off-site disposal or treatment capacity; or
(c) Impact on state-wide or regional air
			 quality, surface water quality, groundwater quality, or other environmental
			 qualities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0050 - Planning and Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Toxics users must:
(1)
			 Develop and implement a reduction plan or an environmental management system
			 according to ORS 465.015 that includes the toxic substances and hazardous
			 wastes specified in 465.015(4). Toxics users that have already met the
			 requirements in this subsection must also meet the requirements in subsections
			 (2), (3) and (4).
(2) Notify the
			 Department after completing a reduction plan or environmental management system
			 following ORS 465.015(1) and 465.018(1);
(3) Maintain the reduction plan or
			 environmental management system on site as provided in ORS 465.015(6);
			 and
(4) Update the reduction plan
			 or environmental management system to ensure it meets the requirements in ORS
			 465.015(4), 465.015(5) and 465.015(7).
Stat. Auth.: ORS 465.003 - 465.037
Stats. Implemented: ORS 465.015 &
				  465.018
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0055 - Implementation Summary

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Toxics users
			 that were in compliance with the Toxics Use Reduction and Hazardous Waste
			 Reduction law and rules before June 9, 2005 must complete one implementation
			 summary as provided in ORS 465.018 and 465.032.
(2) Toxics users that were not in compliance
			 with the Toxics Use and Hazardous Waste Reduction law and rules before June 9,
			 2005 as defined in ORS 465.018 or are new toxics users after June 9, 2005 must
			 complete two implementation summaries according to 465.018(2), 465.018(3) and
			 465.032.
(3) Using a Web-based
			 system provided by the Department, toxics users must submit an implementation
			 summary that meets the four minimum requirements described in ORS
			 465.032.
Stat. Auth.: ORS 465.003 - 465.037, 466
Stats. Implemented: ORS 465.018 &
				  465.032
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0090 - Information Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Toxics users
			 must keep the reduction plan and environmental management system on site in
			 accordance with ORS 465.015(6), and available for review by the Department in
			 accordance with 465.018(4).
(2)
			 Reduction plans and environmental management systems are confidential, except
			 as provided for in (1) of this section and by ORS 465.015(6).
(3) The Department will make implementation
			 summaries available to the public by placing them on the World Wide Web in
			 accordance with ORS 465.018(5).
Stat. Auth.: ORS 192.501, ORS 192.502, 65.003 - 465.037,
				  466
Stats. Implemented: ORS 465.015 &
				  465.018
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0105 - Technical Assistance and Restrictions on Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) According to ORS
			 465.012,
			 the Department will provide toxics users, including conditionally exempt
			 generators as defined by 465.003(1), with technical assistance.
(2) The Department will coordinate its
			 technical assistance efforts with industry trade associations, local colleges
			 and universities, and local agencies in accordance with ORS
			 465.012(3)
			 and
			 465.027.
(3) In accordance with ORS
			 465.012,
			 technical assistance services provided by the Department will not result in
			 compliance inspections or other enforcement actions, unless there is reasonable
			 cause to believe there exists a clear and immediate danger to the public health
			 and safety or to the environment:
(a) For the
			 purpose of initiating enforcement, the term "clear" means plain, evident, free
			 from doubt, and the term "immediate danger" means a situation where there is
			 substantial likelihood that serious harm may be experienced within the time
			 frame necessary for the Department to pursue an enforcement action (e.g.,
			 observation of a leaking drum).
(b)
			 In the case of a "clear and immediate danger", the Department may initiate a
			 compliance and enforcement action immediately.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 135 - TOXIC USE REDUCTION AND HAZARDOUS WASTE REDUCTION REGULATIONS › Section 340-135-0110 - Compliance and Enforcement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may review and determine
			 the adequacy of a plan, environmental management system or implementation
			 summary during compliance inspections in accordance with ORS 465.021(1) and
			 465.021(5).
(2) If a toxics user
			 fails to complete an adequate plan, environmental management system, or
			 implementation summary, the Department may notify and work with the toxics user
			 to achieve compliance as provided in ORS 465.021(2), 465.021(3) and
			 465.021(5).
(3) If after receiving
			 notice of specified deficiencies described in ORS 465.021(2) and 465.021(3)
			 that provided at least 90 days for a toxics user to achieve compliance, the
			 Department may assess a civil penalty in an amount not to exceed $500 for each
			 day a toxics user fails to develop an adequate plan or environmental management
			 system and an implementation summary as provided in 456.021(4).
Stat. Auth.: ORS 183.745, 465.003 - 465.037 &
				  466.090
Stats. Implemented: ORS 465.015, 465.021 &
				  465.032
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0010 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules are promulgated in accordance with and under the authority of ORS
			 475.405 through 475.495.
(2) The
			 purpose of these rules is to establish the policies of the Department of
			 Environmental Quality when responding to a request made by a law enforcement
			 agency for assistance with the cleanup of hazardous materials and chemicals
			 related to the production of illegal drugs.
(3) These rules establish relationships and
			 responsibilities relative to:
(a) The
			 Department's role in drug lab waste management;
(b) The assisted law enforcement agency's
			 role in drug lab waste management;
(c) The taking of representative samples,
			 and/or packaging, of materials needed for evidence;
(d) The documentation of waste management and
			 site contamination;
(e) The role of
			 the Department in the recovery of funds from responsible parties;
(f) The disposition of those materials
			 managed by the Department as a result of the assistance provided that are not
			 disposed as waste.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0040 - Extent of Assistance to be Provided

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the request of a law enforcement
			 agency, the Department of Environmental Quality may identify, cleanup, store
			 and dispose of chemicals located at or resulting from an alleged drug
			 manufacturing site.
(2) To arrange
			 for assistance as provided in this rule the agency requesting services must
			 contact the DEQ either directly or through the Oregon Emergency Response
			 System, a 24 hour emergency reporting system at 1-800-452 -0311.
(3) The Department will issue where needed a
			 task order to a qualified vendor(s) to provide waste management services. Upon
			 receiving and accepting an official request for assistance, the Department will
			 schedule or dispatch the contractor to the location identified. It will be the
			 responsibility of the Department to see that the contractor is competent and
			 able to respond in a reasonable time to the requested location.
(4) The Department's contractor may be tasked
			 to manage all or part of the cleanup operation and disposal in stages, such as:
(a) Assessment of need for action and
			 implementation of appropriate pre-approved Department options;
(b) On-site cleanup and packaging of
			 materials, and transportation to the TSDF;
(c) On-site representative sampling, and/or
			 packing of materials to be transported by the law enforcement agency as
			 evidence to a storage location of their choice;
(d) If temporary storage has been used,
			 cleanup may take place at the storage location.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0050 - Responsibilities for Ownership of Waste, Storage, and Security

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the disposal of chemicals from an
			 illegal drug lab cannot be accomplished immediately after discovery, all
			 confiscated materials will be the responsibility of the law enforcement agency
			 and declared to be potential evidence pending investigation of an alleged
			 crime. The law enforcement agency will remain responsible for the materials
			 from the time of discovery to loading by the Department's contractor for final
			 transport to the TSDF or an alternate legal disposal. In those cases where the
			 law enforcement agency is the registered waste generator the responsibilities
			 will continue as defined by federal and state statutes.
(2) The Department will serve as the legal
			 generator of any hazardous wastes identified at the time of loading for
			 transport to disposal, unless:
(a) Any such
			 material is transported to disposal from a site owned by the law enforcement
			 agency or the governmental entity it represents and that site already has a
			 waste generator identification number for some other generator. Drug lab waste
			 shipped from such sites will not be counted in calculating the waste generator
			 fees assessed by DEQ for other waste management activities;
(b) Opportunity and justification exists to
			 assign this responsibility to the responsible party;
(c) The Department has been unable to secure
			 sufficient funds to properly manage the materials and has returned control of
			 the disposal to the law enforcement agency.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0060 - Evidence Management

Current through Register Vol. 63, No. 7, July 1, 2024
After site cleanup operations there may be confiscated
				materials that must be managed by the law enforcement agency receiving cleanup
				assistance under some conditions:
(1)
			 Materials transported to temporary storage because they are needed in the
			 prosecution of an alleged crime shall be labeled as evidence, and will be the
			 responsibility of the law enforcement agency involved.
(2) Materials, such as laboratory equipment
			 and clean glassware, that present a hazard but are not hazardous waste may
			 require temporary storage or local disposal options. Actions taken will be at
			 the discretion of the law enforcement agency.
Stat. Auth.: ORS 475.405 -ORS 475.495
Stats. Implemented:ORS
				  475.445
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0070 - Funding Participation

Current through Register Vol. 63, No. 7, July 1, 2024
The initial funds needed to support the operation of this
				program will be provided by the Department:
(1) Federal law enforcement agencies will be
			 asked to repay the full cost of the cleanup.
(2) Any agency that is invoiced for cleanup
			 costs must make payment within 30 days, or further assistance may be
			 withheld.
Stat. Auth.: ORS 468.020 &ORS 475.425
Stats. Implemented:ORS
				  475.495
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0080 - Records of Cleanups and Disposals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall keep records of drug
			 lab cleanups and resulting hazardous materials and waste management activities
			 of its contractors.
(2) Each
			 operation will be recorded in a file available in accordance with the public
			 records law, and include:
(a) The operation
			 date based on the request for assistance;
(b) The law enforcement agency's name and
			 representative making the request for assistance;
(c) The location of the initial
			 response;
(d) The cleanup and
			 disposal contractor's name;
(e) The
			 location of the disposal facility or temporary storage if used;
(f) Costs for each part of the
			 operation;
(g) Cost recovery
			 information if applicable;
(h) And
			 any related information.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0090 - Recovered Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may demand repayment of cleanup costs from the responsible party
			 when that person is known to the Department.
(2) The law enforcement agency assisted shall
			 provide the Department with a schedule of any court actions involving the
			 prosecution of persons potentially liable for cleanup costs.
(3) The Department will prepare invoices for
			 the actual or estimated amount of the total cleanup costs and forward these
			 invoices to the District Attorney's office handling the criminal prosecution of
			 the case prior to the scheduled hearing date.
(4) Where a law enforcement agency cannot
			 assist the Department in cost recovery through court ordered restitution in a
			 criminal proceeding, the law enforcement agency may be requested to provide
			 assistance in a civil cost recovery action:
(a) Law enforcement agencies may be asked to
			 provide information on the identity and whereabouts of the responsible
			 party;
(b) Law enforcement agencies
			 may be requested to serve notices on behalf of the Department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 140 - ILLEGAL DRUG LAB CLEANUP ASSISTANCE › Section 340-140-0100 - Confiscated Materials Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In carrying out cleanup operations, items with residual contamination, in
			 addition to hazardous waste, may be taken into custody and turned over to the
			 Department by a law enforcement agency to protect public health and/or the
			 environment. Any such items will be managed according to the appropriate
			 statutes and rules for those materials. Unless otherwise regulated, these items
			 may be handled in the following ways:
(a)
			 Items where the value after decontamination will be less than the cost of
			 decontamination will be disposed of as solid waste, or to provide additional
			 security, as hazardous waste;
(b)
			 Items not characterized as hazardous waste may be held until an acceptable
			 recipient capable of decontaminating the items, and/or salvaging parts of the
			 items, can be found. Recipients may be considered acceptable and capable of
			 decontaminating or salvaging if they engage in that business professionally and
			 have proper business license, and if required, Health Division approval. They
			 must be willing to accept all risks and liabilities associated with ownership,
			 operating, or reselling potentially contaminated items.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0001 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of these rules is to establish:
(a) Fees for covered vessels and
			 facilities;
(b) Contingency
			 preparedness and planning standards for covered vessels and facilities needing
			 approved plans before operating in Oregon; and
(c) Standards for preparation, management and
			 maintenance of contingency plans.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0005 - Definitions as used in this Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Average Most Probable" spill, release or
			 discharge means the probable volume of oil that may spill as defined in a plan
			 considering the history of spills from similar facilities or vessels of the
			 same class operating on the west coast of the United States. It may also be
			 defined as the lesser of one percent of the worst case spill, release or
			 discharge, or 50 barrels, when used as a planning volume.
(2) "Best Achievable Protection" means the
			 highest level of protection that can be achieved through the use of the best
			 achievable technology and those staffing levels, training procedures and
			 operational methods that provide the greatest degree of protection available
			 considering:
(a) The additional protection
			 provided by the measures;
(b) The
			 technological feasibility of the measures; and
(c) The cost of the measures.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0010 - Program Administration and Compliance Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All offshore and onshore facilities
			 required to develop oil spill prevention and emergency response plans under ORS
			 468B.345 are required to pay the annual fee established in 468B.405(1). Fees for
			 offshore and onshore facilities are due July 1 each year and cover the
			 following 12 month period.
(2)
			 Covered vessels are required to pay the per trip or daily fee established in
			 468B.405(1). Fees for covered vessels must be remitted to DEQ within 60 days of
			 the conclusion of each trip.
(3)
			 Moneys collected under this rule will be deposited in the State Treasury to the
			 credit of the Oil Spill Prevention Fund established by ORS
			 468B.410.
			 DEQ may not use funds deposited in the Oil Spill Prevention Fund to pay DEQ's
			 costs that it may pay with funds deposited in the High Hazard Train Route Oil
			 Spill Preparedness Fund.
Statutory/Other Authority: ORS
				  468.020 &
				  468B.345 - 468B.500
Statutes/Other Implemented: ORS
				  468B.405
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0100 - Plan Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 owner or operator of each onshore and offshore facility handling or storing
			 10,000 gallons of oil or more per day and of each covered vessel must prepare a
			 contingency plan for the prevention, containment and cleanup of oil spills from
			 the facility or vessel into the navigable waters of the state, and for the
			 protection of fisheries and wildlife, other natural resources and public or
			 private property from such spills.
(2) Plans must be in a form usable for oil
			 spill prevention, control, containment, cleanup and disposal operations and
			 must be capable of being located as required by OAR
			 340-141-0210(1) and
			 (2).
(3) Plans must be thorough and contain enough
			 information, analyses, supporting data and documentation to demonstrate the
			 plan holder's ability to meet the requirements of this Division.
(4) Plans must be designed to promptly and
			 properly remove oil and minimize environmental damage to the maximum extent
			 practicable. They must cover a variety of spill sizes, including average most
			 probable spills and worst case spills. At a minimum, plans must meet the plan
			 content criteria specified in OAR
			 340-141-0140  and meet the planning standards in
			 340-141-0150.
Stat. Auth.: ORS 468.020, 468B.395
Stats. Implemented: ORS
				  468B.355
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0130 - Plan Format Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Plans must be prepared using a combination of narrative and graphic formats
			 that provide both detailed spill response information and quick access to
			 general information needed during an emergency response.
(2) Plans must be divided into a system of
			 chapters and appendices. Chapters and appendices must be numbered. Chapters
			 should be reserved primarily for information on emergency response and cleanup
			 operations, such as notification procedures or description of the spill
			 response organization structure. The plan must include at least the information
			 listed in OAR 340-141-0140  for vessels and facilities, or the information
			 listed in OAR 340-141-0265  for Railroads. Appendices should be used primarily
			 for supplemental background information and documentation such as response
			 strategies or descriptions of drills and exercises. The spill prevention
			 strategies may be part of the appendices.
(3) A system of index tabs must be used to
			 provide easy reference to particular chapters and appendices.
(4) Plans must be formatted to allow
			 replacement of revised pages and components without requiring replacement of
			 the entire plan.
(5) Plans must
			 include a simplified field document that summarizes key notification and action
			 elements of the plan and is suitable for onsite use in the event of a
			 spill.
(6) Plans may be submitted
			 and updated electronically if all required plan components are in a form DEQ
			 can easily access. DEQ will determine which types of electronic media are
			 acceptable for the plan submittal.
(7) Composite plans that rely on standard
			 documents DEQ already has on file may incorporate those documents by
			 reference.
Statutory/Other Authority: ORS
				  468.020 &
				  468B.395
Statutes/Other Implemented: ORS
				  468B.345  - 468B.390
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0140 - Plan Content Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Submittal Agreement. Each plan must contain a submittal agreement that:
(a) Includes the name, address and phone
			 number of the submitting party;
(b)
			 Verifies acceptance of the plan, including any incorporated contingency plans,
			 by the owner or operator of the facility or covered vessel by either signature
			 of the owner or operator or a person with authority to bind the corporation
			 that owns or operates the facility or covered vessel;
(c) Commits to execution of the plan,
			 including any incorporated contingency plans, by the owner or operator of the
			 facility or covered vessel, and verifies authority for the plan holder to make
			 appropriate expenditures in order to execute plan provisions; and
(d) Includes:
(A) In the case of a facility, the name,
			 location including latitude, longitude and river mile, and address of the
			 facility, type of facility, starting date of operations, types of oils (see
			 definition of oil) handled, volume of oil stored and maximum volume of oil
			 capable of being stored.
(B) In the
			 case of a covered vessel, the vessel's name, the name, location and address of
			 the owner or operator, official identification code or call sign, country of
			 registry, common ports of call in Oregon, type of oils (see definition of oil)
			 handled, volume of oil transported as fuel and expected period of operation in
			 state waters.
(C) In the case of a
			 covered vessel enrolled in a cooperative or maritime association plan, the
			 vessel may provide evidence of coverage in lieu of paragraph (B) of this
			 subsection.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0150 - Oil Spill Contingency Planning Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 oil spill prevention and emergency response contingency planning standards for
			 onshore and offshore facilities, pipelines and vessels that will, when
			 followed:
(a) Promote the prevention of oil
			 spills;
(b) Promote a consistent
			 west coast approach to oil spill prevention and response;
(c) Maximize the effectiveness and timeliness
			 of oil spill response by responsible parties and response
			 contractors;
(d) Ensure readiness
			 of equipment and personnel;
(e)
			 Support coordination with state, federal and other contingency plans in
			 particular the state plan required under ORS
			 468B.495 - 468B.500; and
(f) Protect Oregon
			 waters and other natural resources from the impacts of oil spills.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0160 - Prevention Strategies for Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The owner or operator of each onshore and
			 offshore facility must develop spill prevention strategies that will, when
			 implemented, provide the best achievable protection from damages caused by the
			 discharge of oil into the waters of the state. The strategies may be in the
			 form of:
(a) Appendices to oil spill
			 prevention and emergency response plans required under this chapter;
			 or
(b) A standalone prevention plan
			 that meets all requirements of OAR 340-141-0100  to 340-141-0230.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0170 - Prevention Strategies for Vessels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each covered vessel must have spill
			 prevention strategies that when implemented will provide the best achievable
			 protection from damages caused by the discharge of oil into the waters of the
			 state.
(2) Prevention documents
			 prepared to meet federal requirements under the Oil Pollution Act of 1990 or
			 plans prepared to meet the requirements of other states may be used to satisfy
			 the criteria of this section.
(3)
			 Vessel owners or operators will make maintenance and inspection records, and
			 oil transfer procedures available to DEQ upon request.
Statutory/Other Authority: ORS
				  468.020 &
				  468B.395
Statutes/Other Implemented: ORS
				  468B.345  - 468B.390
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 141 - OIL SPILL CONTINGENCY PLANNING AND FEES › Section 340-141-0180 - Plan Submittal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 operating in Oregon, facilities must submit plans for review as follows:
(a) Except as provided in (c), plans for
			 facilities must be submitted to DEQ at least 90 days before oil is moved into
			 or out of the facility.
(b) Plans
			 for covered vessels of 300 gross tons or more which transit the Columbia River
			 and Willamette River must be submitted to DEQ at least 90 days before that
			 vessel enters navigable waters of the state.
(c) Plans for existing pipelines in the
			 Inland Zone must be submitted by June 30, 2003. After June 30, 2003 plans for
			 new pipelines must be submitted 90 days before pipeline operations
			 commence.