reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0162 - Inability to Pay the Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 After a penalty is assessed, DEQ may reduce a penalty based on the respondent's
			 inability to pay the full penalty amount. In order to do so, DEQ must receive
			 information regarding the respondent's financial condition on a form required
			 by DEQ along with any additional documentation requested by DEQ.
(2) If the respondent is currently unable to
			 pay the full penalty amount, the first option is to place the respondent on a
			 payment schedule with interest. DEQ may reduce the penalty only after
			 determining that the respondent is unable to meet a payment schedule of a
			 length DEQ determines is reasonable.
(3) In considering the respondent's ability
			 to pay a civil penalty, DEQ may use the U.S. Environmental Protection Agency's
			 ABEL, INDIPAY or MUNIPAY computer models to evaluate a respondent's financial
			 condition or ability to pay the full civil penalty amount. Upon request of the
			 respondent, DEQ will provide the respondent the name of the version of the
			 model used and respond to any reasonable request for information about the
			 content or operation of the model;
(4) DEQ, at its discretion, may refuse to
			 reduce an assessed civil penalty. In exercising this discretion, DEQ may take
			 into consideration any factor related to the violations or the respondent,
			 including but not limited to the respondent's mental state, whether the
			 respondent has corrected the violation or taken efforts to ensure the violation
			 will not be repeated, whether the respondent's financial condition poses a
			 serious concern regarding the respondent's ability to remain in compliance, the
			 respondent's future ability to pay, and the respondent's real property or other
			 assets.
Stat. Auth.: ORS 468.020 & 468.130
Stats. Implemented: ORS 454.635, 454.645, 459.376, 459.995,
				  465.900, 465.992, 466.990 - 466.994, 468.090 - 468.140 & 468B.220 -
				  468B.450
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0165 - Stipulated Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in OAR chapter 340, division 12 affects the ability of
				the commission or DEQ to include stipulated penalties in a Mutual Agreement and
				Order, Consent Order, Consent Judgment or any other order or agreement issued
				under ORS Chapters 183, 454, 459, 465, 466, 467, 468, 468A, or
				468B.
Stat. Auth.: ORS 454.625, 459.995, 468.020 &
				  468.996
Stats. Implemented: ORS 183.090 &
				  183.415
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES › Section 340-012-0170 - Compromise or Settlement of Civil Penalty by DEQ

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may compromise or settle a civil
			 penalty assessed in a formal enforcement action at any amount that DEQ deems
			 appropriate. In determining whether a penalty should be compromised or settled,
			 DEQ may take into account the following:
(a)
			 New information obtained through further investigation or provided by the
			 respondent that relates to the penalty determination factors contained in OAR
			 340-012-0045;
(b) The effect of compromise or
			 settlement on deterrence;
(c)
			 Whether the respondent has or is willing to employ extraordinary means to
			 correct the violation or maintain compliance;
(d) Whether the respondent has had any
			 previous penalties which have been compromised or settled;
(e) Whether the respondent has the ability to
			 pay the civil penalty as determined by OAR
			 340-012-0162;
(f) Whether the compromise or
			 settlement would be consistent with DEQ's goal of protecting human health and
			 the environment; and
(g) The
			 relative strength or weakness of DEQ's evidence.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0005 - Statement of Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Wilderness areas represent a natural resource of unique
				importance. Congress has protected such areas by enacting the Wilderness Act,
				Public Law 88-577,
16 U.S.C. Sec. 1131, et seq
. Those wilderness
				areas located within the geographical limits of the state are a major part of
				the cultural heritage of the citizens of Oregon and are a key element in
				developing and maintaining tourism and recreation as a viable industry. Thus,
				the environment of wilderness areas is deserving of the highest level of
				protection and safeguarding by the state in order to preserve Oregon's unique
				primitive and natural land areas. The Wilderness Act allows certain activities
				in wilderness areas. Most of these have minimal present impact on the
				environment. However, mining and some other activities allowed by the
				Wilderness Act pose a serious threat of a substantial harm to the unique
				environment of wilderness areas. Therefore, it is declared to be the policy and
				purpose of the Department of Environmental Quality to maintain the environment
				of wilderness areas essentially in a pristine state and as free from air,
				water, and noise pollution as is practically possible and to permit its
				alteration only in a manner compatible with recreational use and the enjoyment
				of the scenic beauty and splendor of these lands by the citizens of Oregon and
				of the United States.
Publications: The Publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.035 &  16 USC 1131  et
				  seq
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Commission" means the Environmental
			 Quality Commission.
(2)
			 "Department" means the Department of Environmental Quality.
(3) "Opacity" means the degree to which
			 emissions reduce the transmission of light or obscure the view of an object in
			 the background.
(4) "Wilderness
			 Area" means an area designated as wilderness by the Congress of the United
			 States pursuant to Public Law 88-577,
16 U.S.C., Sec. 1131, et
			 seq
.
(5) "Person" means the
			 federal government, any state, individual, public or private corporation,
			 political subdivision, governmental agency, municipality, industry,
			 co-partnership, association, firm, trust, estate, or any other legal entity
			 whatsoever.
Publications: The Publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.035 &  16 USC 1131  et
				  seq
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0015 - Emission Permit Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No person shall commence or initiate any activity other than emergency or
			 recreational in a wilderness area which causes the emission of air
			 contaminants, water pollutants or noise in excess of the standards set forth in
			 OAR
			 340-013-0020(1)
 
			 without first applying for and receiving a permit from the
			 Department.
(2) The permit shall be
			 in addition to and not in lieu of other permit requirements of federal, state
			 or local governments.
(3)
			 Application for the permit shall be made on forms supplied by the Department.
			 The application shall be made no less than 90 days prior to the proposed date
			 of commencing the activity.
(4) An
			 application for a permit may be considered at a public hearing before the
			 Commission or its authorized representative. At least 20 days notice of the
			 hearing shall be provided to the applicant and to any other interested person
			 who has requested notice.
(5) The
			 Commission shall consider the testimony, data and views presented at the public
			 hearing and either approve or disapprove a permit for the proposed activity
			 according to its evaluation of whether the air, water and noise emissions from
			 the activity are consistent with the policy and environmental standards as set
			 forth in OAR
			 340-013-0005  and
			 340-013-0020.
(6) Any permit issued for an activity within
			 a wilderness shall be properly conditioned to achieve the policy objectives and
			 environmental standards of OAR
			 340-013-0005  and
			 340-013-0020  and may be modified by the Department after a hearing before the Commission or
			 its authorized representative.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.035 &ORS
				  468.065
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0020 - Environmental Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in section (2) of this rule, no person engaged in an activity other
			 than emergency or recreational within a wilderness area shall:
(a) Cause, suffer, allow, or permit any
			 emission of air contaminants greater than five percent opacity;
(b) Discharge any waste into waters or
			 conduct any activity which causes or is likely to cause:
(A) Any measurable increase in color,
			 turbidity, temperature, or bacterial contamination;
(B) Any measurable decrease in dissolved
			 oxygen;
(C) Any change in hydrogen
			 ion concentration (pH); or
(D) Any
			 toxic effect on natural biota.
(c) Cause, suffer, allow or permit the
			 emission of noise from any source or sources which noise causes the maximum
			 ambient sound pressure level to exceed 50 dBA at any point at least 50 feet
			 from any source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0025 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to and not in lieu of any other judicial redress, a
				person violating this Division shall be subject to criminal prosecution as
				provided by Oregon Law.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS 468.090 -ORS
				  468.140
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0030 - National Emergency

Current through Register Vol. 63, No. 7, July 1, 2024
The Governor of Oregon may suspend the requirements in this
				Division for the duration of any national emergency.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS
				  401.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 13 - WILDERNESS, RECREATIONAL, AND SCENIC AREA RULES › Section 340-013-0035 - New Wilderness Areas

Current through Register Vol. 63, No. 7, July 1, 2024
This Division shall not apply to any wilderness area
				established after January 1, 1972, by the United States until a public hearing
				on the possible application of this Division or other rules thereto shall have
				first been held by the Commission.
Stat. Auth.:ORS 468.020
Stats. Implemented:ORS
				  468.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0100 - Purpose of Green Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the Green Permits program is to achieve
				environmental results that are significantly better than otherwise required by
				law through adoption of environmental management systems or use of innovative
				approaches or strategies. Agencies shall encourage applications that promote
				pollution prevention, source reduction, more efficient use of natural
				resources, improvements in technology or practices, utilization of
				environmental management systems and creation of public and private entity
				partnerships that can achieve environmental results that are significantly
				better overall than otherwise required by law.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506,
				  ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS
				  468.521
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agency" or
			 "Agencies" means either the Department of Environmental Quality or the Lane
			 Regional Air Pollution Authority or both, as the context requires.
(2) "Applicant" means a facility that has
			 applied for a Custom Waiver Permit or GEMS Permit.
(3) "Baseline" means the calendar year
			 preceding the year in which the Custom Waiver Permit or GEMS Permit is applied
			 for, or other 12-month period approved by the agency.
(4) "Custom Waiver Permit" means a type of
			 Green Permit that grants a waiver with respect to a particular facility
			 approved under OAR
			 340-014-0110.
(5) "Environmental impact" means any change
			 to the environment wholly or partially resulting from, either directly or
			 indirectly, the facility's activities, products, or services. An environmental
			 impact may be determined circumstantially, without direct
			 measurement.
(6) "Environmental
			 Laws" means ORS 454.605 to 454.780, 459.005 to 459.153, 459.705 to 459.790,
			 459.992, 459.995, 465.003 to 465.034, 466.005 to 466.385, 468.005 to 468.997,
			 468A.005 to 468A.992 and 468B.005 to 468B.500 and rules adopted thereunder. The
			 term does not include any provision of the Oregon Revised Statutes or of any
			 municipal ordinance or enactment that regulates the selection of a location for
			 a new facility.
(7) "Environmental
			 life cycle aspects" means elements of a facility's activities, products or
			 services that can interact with the environment at any stage of the system,
			 including but not limited to raw material acquisition, utilization of natural
			 resources, transportation of materials, and ultimate use and disposal of the
			 product.
(8) "Environmental
			 management system" (EMS) means a continual cycle of planning, implementing,
			 reviewing and improving the actions the facility takes to meet its
			 environmental obligations and improve environmental performance, and that can
			 be objectively verified.
(a) Environmental
			 management systems include the environmental management system standard
			 established by the International Organization for Standardization (ISO 14001)
			 and other standards that meet the criteria for approval for GEMS Permits under
			 OAR
			 340-014-0115  through
			 340-014-0125.
(b) A "robust" environmental management
			 system is a system that can function effectively without being dependent upon
			 particular individuals within the facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0110 - Criteria for Approval of a Custom Waiver Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agency or agencies may approve a
			 Custom Waiver Permit upon demonstration to the agency's satisfaction that:
(a) The waiver requested is necessary to
			 achieve environmental results that are significantly better than otherwise
			 required by law;
(b) The applicant
			 will achieve environmental results that are significantly better than otherwise
			 required by law;
(c) The applicant
			 has submitted a stakeholder involvement plan relating to the custom waiver and
			 has begun implementing the plan, considering the results of stakeholder
			 involvement in decision making, and responding to comments received from
			 stakeholders during the application review process;
(d) The waiver is not likely to create a
			 significant threat to human health or the environment; and
(e) The applicant will report on
			 environmental performance and stakeholder involvement activities related to the
			 custom waiver at least annually.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0115 - Criteria for Approval of a GEMS Participant Permit

Current through Register Vol. 63, No. 7, July 1, 2024
An agency or agencies may approve a GEMS Participant Permit
				(also known as Tier I) upon demonstration to the agency's satisfaction that the
				applicant has:
(1) Implemented a
			 basic, robust environmental management system that is driven by environmental
			 impacts, helps integrate environmental and business functions, provides a
			 mechanism for evaluating continual improvement, and supports verification;
			 committed to maintaining and exceeding regulatory compliance; committed to
			 applying the pollution prevention definition and pollution prevention hierarchy
			 when setting objectives and targets and implementing the environmental program;
			 and committed to continual improvement;
(2) Evaluated environmental impacts of at
			 least the facility's regulated pollutants, and set objectives and targets that
			 will improve environmental performance in management and reduction of regulated
			 or unregulated pollutants;
(3)
			 Developed an environmental program that will achieve environmental results that
			 are significantly better than otherwise required by law, demonstrated by
			 projected reductions in targeted environmental impacts;
(4) Established performance measures that
			 will be used to explain environmental information in context with past
			 performance;
(5) Submitted a
			 baseline performance report that summarizes:
(a) Environmental policies affecting the
			 facility operations;
(b)
			 Environmental information regarding significant environmental impacts;
			 and
(c) The environmental program
			 that will achieve the results anticipated in (2) and (3) above.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0120 - Criteria for Approval of a GEMS Achiever Permit

Current through Register Vol. 63, No. 7, July 1, 2024
An agency or agencies may approve a GEMS Achiever Permit (also
				known as Tier II) upon demonstration to the agency's satisfaction that the
				applicant has:
(1) Implemented, and
			 will maintain and improve a robust environmental management system that is
			 certified as meeting the ISO 14001 standard, or meets the purpose or intent of
			 each of the ISO 14001 clauses, and supports verification; committed to
			 maintaining and exceeding regulatory compliance; committed to applying the
			 pollution prevention definition and pollution prevention hierarchy in setting
			 objectives and targets and developing the environmental program; and committed
			 to continual improvement;
(2)
			 Evaluated environmental impacts and set objectives and targets that will
			 achieve superior environmental performance for those site-based aspects that
			 have significant impacts, taking into consideration both regulated and
			 unregulated pollutants and other environmental impacts;
(3) Developed an environmental program that
			 will achieve environmental results that are significantly better than otherwise
			 required by law;
(4) Established
			 performance measures that will be used to explain environmental information in
			 context with past performance;
(5)
			 Submitted a baseline performance report that summarizes:
(a) Environmental policies affecting the
			 facility operations;
(b)
			 Environmental information regarding significant environmental impacts,
			 including those appropriate to the scope of the targeted impacts; and
(c) Performance measures and performance
			 achievements, including a description of the environmental program that will
			 achieve the results described in sections (2) and (3) above, and a
			 demonstration that the facility has reduced overall environmental impacts in
			 the three year period prior to applying for the GEMS Permit, or, for new
			 facilities, demonstrated by methods used to minimize environmental impacts in
			 the design of the facility; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0125 - Criteria for Approval of a GEMS Leader Permit

Current through Register Vol. 63, No. 7, July 1, 2024
An agency or agencies may approve a GEMS Leader Permit (also
				known as Tier III) upon demonstration to the agency's satisfaction that the
				applicant has or is able to meet the criteria for the GEMS Achiever Permit and
				has implemented the following activities:
(1) Implemented, and will maintain and
			 improve a robust environmental management system that is certified as meeting
			 the ISO 14001 standard, or meets the purpose or intent of each of the ISO 14001
			 clauses, and supports verification; committed to maintaining and exceeding
			 regulatory compliance; committed to applying the pollution prevention
			 definition and pollution prevention hierarchy in setting objectives and targets
			 and developing the environmental program; and committed to continual
			 improvement;
(2) Evaluated
			 environmental impacts and set objectives and targets that meet the expectations
			 for a GEMS Achiever Permit and demonstrates industry leadership in applying
			 sustainable development principles to the environmental life cycle aspects of
			 its activities, products and services;
(3) Developed an environmental program that
			 achieves environmental results that are significantly better than otherwise
			 required by law;
(4) Established
			 performance measures that will be used to explain environmental information in
			 context with past performance;
(5)
			 Submitted a baseline performance report that summarizes:
(a) Environmental policies affecting the
			 facility operations;
(b)
			 Environmental information regarding significant environmental impacts,
			 including those appropriate to the scope of the targeted impacts; and
(c) Performance measures and performance
			 achievements, including a description of the environmental program that
			 achieves the results anticipated in sections (2) and (3) above, and a
			 demonstration that the facility has reduced overall environmental impacts in
			 the three year period prior to applying for the GEMS Permit, or, for new
			 facilities, demonstrated by methods used to minimize environmental impacts in
			 the design of the facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0130 - Technical Assistance and Recognition Program for GEMS Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency
			 shall provide technical assistance to applicants that have applied for a GEMS
			 permit upon request by the applicant.
(2) The agency shall establish a program for
			 recognizing achievements of facilities that have an approved GEMS Permit
			 commensurate with the type of GEMS Permit approved. Facilities with a Custom
			 Waiver Permit are not eligible for the recognition program.
(3) Facilities with an approved GEMS Permit
			 may promote their achievements in a manner that is commensurate with the type
			 and duration of GEMS permit approved.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506,
				  ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS
				  468.521
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0135 - Waivers or Incentives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Custom Waiver Permit shall identify the environmental requirements that are
			 waived or replaced and under what conditions. A GEMS Permit shall identify the
			 regulatory flexibility granted by the permit, including the environmental
			 requirements that are waived or replaced and under what conditions.
(2) Notwithstanding any other provision of
			 law, any requirement under the environmental laws, except those required by
			 treaty, interstate compact, court order or by a federal law, that is contrary
			 to the terms and provisions of a Custom Waiver Permit or a GEMS Permit shall
			 not apply to a facility operating under a Custom Waiver Permit or a GEMS
			 Permit. Any prior conflicting permit condition shall be revised by an agency
			 that has jurisdiction over the Custom Waiver Permit or GEMS Permit through the
			 procedures for issuing a Custom Waiver Permit or GEMS Permit. Except as
			 specifically revised in a Custom Waiver Permit or a GEMS Permit, any existing
			 environmental permit or requirement shall remain in effect.
(3) GEMS Permits may provide incentives that
			 vary by the type of GEMS Permit received, in which increasing levels of
			 performance receive increasing regulatory benefits.
(a) For all GEMS permits, the agency may
			 apply its enforcement discretion to address appropriate compliance issues
			 through improvements to the environmental management system;
(b) For GEMS Achiever and GEMS Leader
			 Permits, the agency may provide expeditious reviews of proposed modifications
			 to existing permits, modify existing permits for maximum flexibility for
			 process changes which do not negatively impact the environment, extend the
			 duration of permits or synchronize the timeframes of permit renewals, modify
			 recordkeeping or reporting requirements, coordinate reporting cycles among
			 permits, or provide other benefits that streamline regulatory interactions or
			 benefit the facility. For GEMS Achiever and GEMS Leader Permits, the agency may
			 provide waivers of environmental laws, if needed, to make these incentives
			 possible.
(c) For GEMS Leader
			 Permits, the agency may facilitate innovative approaches that involve more than
			 one facility (e.g., multiple applications for the same project, such as
			 facilitating a supplier-customer relationship).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0140 - Conditions and Limitations of Custom Waiver Permits or GEMS Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All Custom
			 Waiver Permits shall expire after five years unless renewed.
(2) All GEMS Participant Permits shall expire
			 after three years unless renewed. GEMS Participant Permits may only be renewed
			 one time. After one renewal, the participant shall apply for a different type
			 of GEMS permit or the permit shall be terminated.
(3) The renewal period for a GEMS Achiever or
			 GEMS Leader Permit shall be negotiable, subject to the following limitations:
(a) No GEMS Achiever or GEMS Leader Permit
			 period shall exceed ten years; and
(b) No GEMS Achiever or GEMS Leader Permit
			 shall provide any waiver that extends for a period that exceeds two times the
			 length of the period that otherwise would have been required in the absence of
			 the GEMS permit by any environmental law applicable to the requirement being
			 waived.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0150 - Procedures for Renewing Custom Waiver Permits or GEMS Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of an application for renewal of the Custom Waiver
				Permit or GEMS Permit, the agency shall verify that the permittee continues to
				meet the criteria for approval of the Custom Waiver Permit or GEMS Permit, and
				evaluate whether the waivers should be continued. The agency shall provide
				public notice of the renewal application and proposed changes in the Custom
				Waiver Permit or GEMS Permit, in accordance with the procedures described in
				OAR
				340-014-0145(6).
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506,
				  ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS
				  468.521
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0155 - Procedures for Modifying Custom Waiver Permits or GEMS Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A facility with
			 a GEMS permit may apply for a different type of GEMS Permit at any
			 time.
(2) A facility with a Custom
			 Waiver Permit or a GEMS permit may apply for a modification of the terms or
			 conditions of a Custom Waiver Permit or GEMS permit at any time. Upon receipt
			 of an application for modification, the agency shall determine whether the
			 proposed modification is a minor modification or a significant modification,
			 taking into consideration whether modifications to waivers are proposed. If the
			 proposal is a significant modification, the agency shall follow the procedures
			 described in OAR
			 340-014-0145.
			 If the proposal is a minor modification, the agency shall provide public notice
			 in accordance with
			 340-014-0145(5),
			 and if, within 30 days after commencement of the public notice period, the
			 Department receives written requests from ten persons, or from an organization
			 or organizations representing at least ten persons, for reconsideration as a
			 significant modification, then the agency shall follow all of the remaining
			 procedures described in
			 340-014-0145.
(3) An agency may propose to modify a
			 facility's GEMS permit in accordance with the procedures described in OAR
			 340-014-0160(4)
 
			 if the facility no longer meets the criteria for its GEMS permit but may meet
			 the criteria for a different type of GEMS permit. Upon receipt of the
			 corrective action report and upon completion of such additional investigation
			 as may be required, the agency will either modify the permit in accordance with
			 the procedures above, or withdraw its intent to modify the permit.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, 468.503, 468.506, 468.508,
				  468.511, 468.513, 468.516, 468.518&
				  468.521
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0160 - Termination of Green Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 facility may terminate a Custom Waiver Permit or GEMS Permit by providing 30
			 days written notice to the agency.
(2) An agency may terminate the facility's
			 GEMS Permit in accordance with the procedures in subsection (4) if:
(a) The facility does not develop an annual
			 performance report and make it available to the agency and the public in a
			 timely fashion;
(b) The facility no
			 longer meets the criteria for approval for a GEMS Permit or the facility is not
			 effectively implementing its environmental management system;
(c) The facility is found guilty of a
			 criminal violation of environmental law;
(d) The facility fails to correct a violation
			 discovered through routine environmental management system reviews or agency
			 inspections within a reasonable time frame; or
(e) The facility experiences repeat
			 violations that reflect a serious underlying deficiency in the facility's
			 environmental management system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 14 - PROCEDURES FOR ISSUANCE, DENIAL, MODIFICATION, AND REVOCATION OF GREEN PERMITS › Section 340-014-0165 - Cost Recovery

Current through Register Vol. 63, No. 7, July 1, 2024
The agency shall recover the costs of the agency in developing,
				negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may
				recover the costs of administering a Custom Waiver Permit or GEMS Permit,
				including permit modifications and renewals, in the following manner:
(1) The applicant or permittee shall fully
			 reimburse the agency for the agency's invoiced direct and indirect costs of
			 conducting the review, negotiating the relevant permit revisions or conditions,
			 responding to public comment, administering the Custom Waiver Permit or GEMS
			 Permit, monitoring the provisions in the Custom Waiver Permit or GEMS Permit
			 and environmental outcomes resulting from the Custom Waiver Permit or GEMS
			 Permit, and publicizing and conducting the public hearings. Indirect costs
			 shall be comprised of general management, support, administrative and overhead
			 costs of the agency that the agency deems to be allocable using generally
			 accepted accounting principles.
(2)
			 The agency shall provide the applicant with a budget that estimates the direct
			 and indirect costs that will be charged to the applicant under this section
			 upon acceptance of the application. During the permit application process and
			 during the term of the permit once issued, the agency shall provide quarterly
			 updates of estimated future costs.
(3) The agency shall appropriately document
			 the direct and indirect costs of the agency and collect payment for such costs
			 from the permittee. The agency shall collect a deposit from the applicant,
			 against which the agency shall bill until the deposit is depleted. When the
			 deposit is depleted, the agency shall collect an additional deposit. The
			 initial deposit shall accompany the applicant's initial Custom Waiver Permit or
			 GEMS Permit application and shall be in the amount of $5000. The agency shall
			 deliver to the applicant or permittee an accounting of all charges and the
			 amount of the deposit remaining at the closure of each month's accounting
			 records.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506,
				  ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS
				  468.521
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to prescribe procedures and
				criteria to be used by the Department and Commission for issuance of tax credit
				certificates for pollution control facilities. These rules are to be used in
				connection with ORS 468.150 to 468.190. These rules become effective upon
				filing with the Secretary of State or on February 1, 2001 whichever is the
				later date and apply to all applications received by the Department on or after
				that date except where otherwise noted herein. An applicant with an application
				pending Commission action on the date these rules become effective may elect to
				proceed under these rules by informing the Department in
				writing.
Stat. Auth.: ORS 468.150
Stats. Implemented: ORS 468.150 - ORS
				  468.190
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0007 - Facilities certified under the 1999 Edition

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS 468.173(1), a facility may be certified
				under the 1999 edition of 468.155 to 468.190 if the facility was substantially
				completed on or before December 31, 2001, and an application was filed with the
				Department within two years after the date of substantial
				completion.
Stat. Auth.: ORS 468.020 & 483.335(5)
Stats. Implemented: ORS
				  468.155-468.190
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0009 - Certification of wood chippers

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of subdelegating authority to approve and issue
				final certification of pollution control facilities under OAR
				340-016-0080(2):
(1) The Environmental Quality Commission
			 authorizes the Director of the Department of Environmental Quality or the
			 Director's delegate to certify wood chippers as provided in OAR
			 340-016-0060(4)(h)(C)
 
			 if:
(a) The Department determines the facility
			 is otherwise eligible under OAR
			 340-016-0060;
			 and
(b) The claimed facility cost
			 does not exceed $50,000 as set forth in OAR
			 340-016-0075(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in this rule give meaning to the term or phrase
				as used in OAR
				340-016-0005  through OAR
				340-016-0080.
(1) "Applicant" means any person who applies
			 for a pollution control tax credit under these rules.
(2) "Circumstances Beyond the Control of the
			 Applicant" means facts, conditions and circumstances which the applicant's due
			 care and diligence would not have avoided.
(3) "Commission" means Environmental Quality
			 Commission or the Commission's delegate.
(4) "Department" means Department of
			 Environmental Quality.
(5)
			 "Facility" as used in context means:
(a) A
			 pollution control facility as set forth in ORS 468.150 and ORS 468.155;
			 or
(b) The facility as claimed on
			 the application.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0055 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Any Oregon taxpayer may apply for the certification of a
				pollution control facility to take relief from their Oregon tax liability. The
				applicant and the facility shall be eligible under ORS 307.405, 315.304, and
				468.150 to 468.190. The applicant shall submit the application to the
				Department on the application form provided by the Department.
(1) Application for Preliminary
			 Certification. An applicant may apply for preliminary certification of a
			 pollution control facility to determine if a future facility would meet the
			 certification requirements as set forth in OAR
			 340-016-0060. The
			 applicant may submit the optional preliminary application anytime before the
			 construction of the pollution control facility is complete. If the Commission
			 issues a preliminary certificate and if the applicant constructs the facility
			 as represented on the preliminary application and the preliminary certificate
			 then the facility shall meet the requirements as set forth in
			 340-016-0060. The
			 preliminary certification of a facility does not exempt the applicant from
			 submitting a timely application for final certification as set forth in section
			 (2) of this rule.
(2) Application
			 for Final Certification. The applicant shall submit all information, exhibits
			 and substantiating documents requested on the application for final
			 certification. The Department shall reject the application for final
			 certification if the applicant fails to submit the application:
(a) After the construction of the facility is
			 substantially complete and the facility is placed in service;
(b) Within one year after construction of the
			 facility is substantially completed; and
(c) On or before December 31, 2008.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0060 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 Facilities. Facilities eligible for pollution control tax credit certification
			 shall include any land, structure, building, installation, excavation,
			 machinery, equipment or device, or alternative methods for field sanitation and
			 straw utilization and disposal. An eligible facility shall be reasonably used,
			 erected, constructed or installed as:
(a) A
			 new facility;
(b) An addition or
			 improvement to an existing facility; or
(c) The reconstruction or replacement of an
			 existing facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0065 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The application fee shall be made payable to the Department of
				Environmental Quality and shall not be refunded to the applicant except as set
				forth in section (3) of this rule. The application fee shall be based upon the
				facility cost after any reductions as set forth ORS
				340-016-0070(1).
(1) Application Fee for Preliminary
			 Certification. If the applicant chooses to submit the optional application for
			 preliminary certification as set forth in OAR
			 340-016-0055(1),
			 the applicant shall submit the appropriate preliminary application fee of:
(a) One-half of one percent of the estimated
			 facility cost as claimed on the preliminary application. The minimum fee shall
			 be $50 and the maximum fee shall be $7,500; or
(b) $50 for preliminary applications claiming
			 alternatives to open field burning.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0070 - Determining the Facility Cost

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Facility Cost. The applicant shall provide documentation sufficient to
			 substantiate the facility cost. The facility cost shall be reduced by the:
(a) Salvage value of a pre-existing facility
			 if the applicant is replacing a facility. The salvage value shall never be less
			 than zero and shall be the value of the pre-existing facility at the end of its
			 useful life minus the cost to remove it from service;
(b) Amount of any government grants received
			 to pay part of the facility cost;
(c) Present value of any other state tax
			 credits for which the investment is eligible; and
(d) Ineligible facility costs as set forth in
			 section (3) and as determined by comparing the actual facility costs with
			 eligible costs as set forth in section (2).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 16 - POLLUTION CONTROL TAX CREDITS › Section 340-016-0075 - Determination of Portion of Facility Cost Allocable to Pollution Control

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant shall provide the information necessary for the
				Commission and the Department to determine the portion of the facility cost
				allocable to pollution control as set forth in ORS
				468.190 and this rule. The portion of the facility cost properly allocable to pollution
				control shall be from zero to 100 percent in increments of one percent. If the
				portion is zero percent, the Commission shall issue an order denying the
				certification. The facility cost for this rule shall be the cost as set forth
				in OAR 340-016-0070(1)  after the reduction of the salvage value.
(1) Facility Cost Does Not Exceed $50,000.
			 The Commission shall only consider the percentage of time the facility is used
			 for pollution control as opposed to any other purpose when determining the
			 percentage of the facility cost allocable to pollution control for facilities
			 with costs that do not exceed $50,000. The remaining sections in this rule
			 shall not be applicable to these facilities.
(2) Facility Cost Exceeds $50,000. The
			 Commission shall consider the five factors in this section when establishing
			 the portion of the facility costs properly allocable to pollution control for
			 facilities qualifying for certification under ORS
			 468.170.
			 These five factors shall be considered only when the facility cost exceeds
			 $50,000 under sections (3), (4) and (5) of this rule. In considering the five
			 factors and their applicability to these rules, the Commission may determine in
			 its findings that one or more factors are more important than others and may
			 assign different weights to the factors when determining the portion of costs
			 properly allocable to pollution control:
(a)
			 The extent to which the facility is used to recover and convert waste products
			 into a salable or usable commodity;
(b) The estimated annual percent return on
			 the investment in the facility;
(c)
			 The alternative methods, equipment and costs for achieving the same pollution
			 control objective;
(d) Related
			 savings or increases in costs which occur or may occur as a result of the
			 installation of the facility; or
(e) Other factors which are relevant in
			 establishing the portion of the actual cost of the facility properly allocable
			 to the prevention, control or reduction of air, water or noise pollution, solid
			 or hazardous waste or to recycling or properly disposing of used oil.