reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0170 - Trade Secrets - Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where a treating physician, registered
			 nurse, or emergency medical technician determines that a medical emergency
			 exists and the specific identity of a chemical substance or waste is necessary
			 for emergency or first-aid treatment, the covered employer, owner or operator
			 must immediately disclose the specific identity of a trade secret chemical to
			 that treating physician, registered nurse, or emergency medical technician
			 regardless of a written statement of need or a confidentiality agreement. The
			 covered employer, owner, or operator may require a written statement of need
			 and a confidentiality agreement in accordance with the provisions of sections
			 (2) and (3) of this rule as soon as the circumstances permit.
(2) In a non-emergency situation, a covered
			 employer, owner, or operator must, upon request, disclose a specific chemical
			 identity, otherwise permitted to be withheld under OAR 837-085-0140(1), to a
			 health professional, if:
(a) The request is
			 in writing on a form approved by the State Fire Marshal;
(b) The request describes, with reasonable
			 detail, one or more of the following community health needs for information:
(A) To assess the hazards of the chemical
			 substance or waste to which emergency service personnel will be
			 exposed;
(B) To provide medical
			 treatment to exposed employees, emergency service personnel or members of the
			 community;
(C) To select or assess
			 appropriate protective equipment for potential exposures;
(D) To design or assess engineering controls
			 or other protective measures for emergency situations.
(c) The request explains, in detail, why the
			 disclosure of the specific chemical identity is essential and that, in lieu
			 thereof, the disclosure of the following information would not enable the
			 health professional to provide the services described in subsection (2)(b) of
			 this rule:
(A) The properties and effects of
			 the chemical;
(B) Measures for
			 controlling community exposure to the chemical; and
(C) Methods of diagnosing and treating
			 harmful exposures to the chemical.
(d) The request includes a description of the
			 procedures to be used to maintain the confidentiality of the disclosed
			 information; and
(e) The health
			 professional, and the covered employer, owner or operator agree in a written
			 confidentiality agreement that the health professional will not use the trade
			 secret information for any purpose other than the health needs asserted and
			 will not release the information under any circumstances other than to the
			 State Fire Marshal, except as authorized by the terms of the agreement or by
			 the covered employer, owner, or operator.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0180 - Trade Secrets - Refusal to Disclose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the covered employer, owner, or
			 operator denies a written request, submitted in accordance with OAR
			 837-85-170(2), for disclosure of a specific chemical identity, the denial must:
(a) Be provided to the health professional
			 within 30 days of the request;
(b)
			 Be in writing;
(c) State the
			 specific reasons why the request is being denied;
(d) Include evidence to support the claim
			 that the specific chemical identity is a trade secret; and
(e) Explain in detail how alternative
			 information may satisfy the specific planning or health need without revealing
			 the specific chemical identity.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0190 - Hazardous Substance Report- Availability of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire Marshal shall provide
			 hazardous substance information furnished by a covered employer, owner, or
			 operator to:
(a) Each county public health
			 authority;
(b) Each local fire
			 district; and
(c) Each county
			 emergency manager.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0200 - Compliance Audit Program - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Fire Marshal shall provide a
			 compliance audit program to assist and ensure a covered employer, owner, or
			 operator complies with the statutes, regulations, rules, standards or orders of
			 the Community Right-to-Know and Protection Act.
(2) The compliance audit program shall
			 include, but is not limited to:
(a) Providing
			 training, guidance and assistance to a covered employer, owner, or operator and
			 the community;
(b) Evaluating and
			 auditing facilities where hazardous substances are likely to be manufactured,
			 generated, used, stored, possessed, or disposed of;
(c) Issuing Notice of Noncompliance and
			 Proposed/Final Penalty Assessment Orders for noncompliance with the Community
			 Right-to-Know and Protection Act and administrative rules;
(d) Issuing correction orders;
(e) Assessing civil monetary penalties for
			 noncompliance;
(f) Holding informal
			 conferences with a covered employer, owner, or operator or their
			 representatives to discuss notices of noncompliance, penalty assessments,
			 reporting requirements or correction orders without limiting or extending their
			 appeal rights;
(g) Granting or
			 denying requests for extensions of the time set by correction orders;
			 and
(h) Examining and auditing a
			 covered employer, owner, or operator's hazardous substance information
			 records.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0210 - Scheduling and Selection of Compliance Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Compliance audits may be conducted when
			 the State Fire Marshal deems it necessary to confirm or validate Hazardous
			 Substance Information Surveys or Hazardous Substance Reports.
(2) The reasons the State Fire Marshal would
			 deem it necessary to conduct an audit include, but are not limited to, the
			 following:
(a) A covered employer, owner or
			 operator fails to submit their survey or report;
(b) A review of survey or report records show
			 reporting errors may have been made;
(c) Information is received that indicates
			 reporting errors may have been made;
(d) A covered employer, owner or operator
			 requests an audit be conducted;
(e)
			 A North American Industry Classification System code review indicates
			 misreporting may exist;
(f) To
			 verify survey or report information.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0220 - Right of Entry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS
			 453.317(8),
			 a compliance auditor has the right to enter and audit any facility of a covered
			 employer, owner or operator during normal working hours or at other reasonable
			 times.
(2) If the covered employer,
			 owner or operator or their representative are not present at the facility, an
			 audit will not be conducted, except when:
(a)
			 Executing an inspection warrant;
(b) The covered employer, owner or operator
			 has been notified that the audit is to be conducted.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0230 - Compliance Audit Warrants

Current through Register Vol. 63, No. 7, July 1, 2024
If a compliance auditor is denied entry, the State Fire Marshal
				may obtain an inspection warrant, as provided for in ORS
				476.155.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  453.317(8)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0240 - Compliance Audit Activities

Current through Register Vol. 63, No. 7, July 1, 2024
During a compliance audit, the compliance auditor is
				authorized, but not limited to, the following activities:
(1) Conduct an audit without unreasonably
			 disrupting operations in the facility;
(2) Conduct a physical audit of the facility
			 and all of its operations;
(3)
			 Examine and obtain copies of hazardous substance information records;
(4) Inform the covered employer, owner or
			 operator of reporting errors; and
(5) Conduct interviews and receive
			 information from anyone in the facility.
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  453.317(8)
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0250 - Notice of Noncompliance and Proposed/Final Penalty Assessment Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, during an
			 audit initiated by the State Fire Marshal, it is concluded that a covered
			 employer, owner or operator has not complied with the Community Right-to-Know
			 and Protection Act and its administrative rules, a Notice of Noncompliance and
			 Proposed/Final Penalty Assessment Order may be issued to the covered employer,
			 owner or operator. The Notice shall:
(a) State
			 the name of the covered employer, owner or operator, location of the facility,
			 and the date of the compliance audit. The period of time the employer, owner or
			 operator is in noncompliance will be included;
(b) Describe how the covered employer, owner
			 or operator was in noncompliance, such description to take the form of findings
			 of fact and conclusions of law and rule;
(c) State the classification of
			 noncompliance;
(d) Identify the
			 rule or order the covered employer, owner or operator failed to comply with and
			 any other statute or rules involved;
(e) Establish a compliance date if compliance
			 is not achieved by the facility prior to issuing a Notice of Noncompliance and
			 Proposed/Final Penalty Assessment Order;
(f) State the total dollar amount of
			 penalties assessed and the amount subject to suspension;
(g) Inform the covered employer, owner or
			 operator of the right to appeal the Notice of Noncompliance and Proposed/Final
			 Penalty Assessment Order; and
(h)
			 Notify the covered employer, owner or operator that the State Fire Marshal has
			 designated its file in this matter as the record in this case and that the
			 Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes
			 final if a written appeal is not filed within 30 days of its service.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0260 - Employer, Owner, or Operator Response to Notices of Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After receipt
			 of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, the
			 covered employer, owner or operator must submit all information requested by
			 the State Fire Marshal on or before the established compliance date.
(2) The above requirements shall not limit a
			 covered employer, owner, or operator's appeal rights.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0270 - Penalty Criteria for Noncompliance - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any covered employer, owner or operator
			 found to be in noncompliance may be assessed a penalty of up to a maximum of
			 $1,000 per day for each day of noncompliance in accordance with ORS
			 453.357.
(a) The number of days the covered employer,
			 owner, or operator is considered in noncompliance shall be based on the total
			 number of days that pass between the date compliance was required to the date
			 compliance is achieved.
(b)
			 Compliance shall be considered achieved when the required and correct
			 information is received by the State Fire Marshal or in the case of
			 noncompliance with OAR 837-85-0170(1) or (2) the required information is
			 received by the requesting health professional.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0280 - Noncompliance Classes

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of determining the penalties that may be
				assessed for noncompliance, the following Noncompliance Classes are
				established:
(1) Class I
			 Noncompliance. A covered employer, owner, or operator shall be considered in
			 Class 1 Noncompliance for the following:
(a)
			 Failing to notify the State Fire Marshal they have reportable quantities of
			 hazardous substances;
(b) Failing
			 to submit their Hazardous Substance Survey or annual Hazardous Substance
			 Report, revision, or a substantive change when required.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0290 - Penalties for Class I, II and III Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
When a determination has been made to assess a civil penalty,
				the following applicable daily penalty shall be assessed for Class I, II or III
				Noncompliance:
(1) Class I -
			 $100.
(2) Class II - $15.
(3) Class III - $20.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0300 - Penalties for Class IV Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a determination has been made to
			 assess a civil penalty, a covered employer, owner, or operator identified as
			 being in class IV Noncompliance shall have a $50 penalty assessed daily for any
			 number of unreported radioactive substances, radioactive wastes, explosives or
			 highly toxic materials or unreported or uncorrected misreported associated
			 maximum amounts. These substances are required to be reported at the "Lower
			 Reporting Levels" (LRL) of five gallons, ten pounds or 20 cubic feet. Penalties
			 for all Extremely Hazardous Substances shall be calculated at the
			 LRL.
(2) When a determination has
			 been made to assess a civil penalty, a covered employer, owner, or operator
			 shall have a separate penalty of $25 assessed daily for any number of all other
			 unreported hazardous substances or unreported or uncorrected misreported
			 associated maximum amounts. These substances are required to be reported at the
			 "Upper Reporting Levels" (URL) of 500 gallons, pounds, or cubic feet.
(3) For the purpose of determining individual
			 substances, Safety Data Sheets will be used.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0305 - Penalties for Class V Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
A covered employer, owner, or operator identified as being in
				Class V Noncompliance shall be assessed a $1000 penalty for each day they are
				in noncompliance.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0310 - Penalty Suspensions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Penalties assessed for Class I, II, III and IV Noncompliance will be suspended
			 in accordance with the following criteria:
(a)
			 To receive a penalty suspension a covered employer, owner, or operator
			 receiving a Notice of Noncompliance and Proposed/Final Penalty Assessment Order
			 must demonstrate that they have resolved all noncompliance issues identified in
			 the notice and are now fully in compliance.
(b) Compliance must be achieved no later than
			 the established compliance date set forth in the notice.
(c) Penalty suspensions will be calculated
			 for each class of noncompliance identified in the Notice of Noncompliance and
			 Proposed/Final Penalty Assessment Order.
(d) Penalty suspensions will be calculated
			 using the Penalty Suspension Schedule set forth in section 3 of this
			 rule.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0320 - Payment of Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 civil penalties become due and owing ten days after the Notice of Noncompliance
			 and Proposed/Final Penalty Assessment Order becomes final.
(2) If payment is not received within ten
			 days after the order becomes final, it may be docketed as a judgment as
			 provided by law.
Stat. Auth.: ORS
				  453.367
Stats. Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0330 - Contested Case Process-General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person directly affected may request a hearing to contest, in part or in
			 total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order,
			 decisions related to a request to review the assessment of the Hazardous
			 Substance Possession Fee, or an application for exemption from all or part of
			 the reporting requirements of the Community Right-to-Know and Protection Act
			 and its administrative rules.
(2)
			 Any person directly affected may participate in the appeals process which
			 includes, but is not limited to:
(a) An
			 informal conference to discuss, consider and determine if there is a basis for
			 informal disposition of an appeal by stipulation, agreed settlement, consent
			 order, default or other means; or
(b) A formal hearing before a hearings
			 officer where the laws, rules and evidence are presented and considered and a
			 proposed opinion and order is issued.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0340 - Requesting a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Hearing
			 requests must be filed in writing, within 30 days following:
(a) The service of a Notice of Noncompliance
			 and Proposed/Final Penalty Assessment Order; or
(b) Issuing a decision related to an
			 application for exemption.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0350 - Alternative Dispute Resolutions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The State Fire Marshal will provide an opportunity for a person to discuss
			 their case during an informal conference. An informal conference may be
			 requested and held prior to or in lieu of a formal hearing.
(2) The request for, or the holding of an
			 informal conference shall not extend the 30 days allowed for requesting a
			 hearing.
(3) The informal
			 conference may be used to:
(a) Clarify
			 requirements of the Community Right-to-Know and Protection Act;
(b) Discuss the basis for any Notice of
			 Noncompliance and Proposed/Final Penalty Assessment Order;
(c) Discuss correction dates;
(d) Clarify the wording and meaning of the
			 Notice of Noncompliance and Proposed/Final Penalty Assessment Order;
(e) Improve a person's understanding of the
			 Community Right-to-Know and Protection Act;
(f) Correct errors in a Notice of
			 Noncompliance and Proposed/Final Penalty Assessment Order or penalty;
(g) Narrow issues of concern; or
(h) Arrive at the basis for an informal
			 disposition of the dispute.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0360 - Formal Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Fire Marshal will arrange for a hearings officer to conduct a formal hearing if
			 it is deemed that the dispute being contested cannot be resolved
			 informally.
(2) The State Fire
			 Marshal will set a date, time and location for the formal hearing.
(3) The State Fire Marshal will notify, by
			 letter, the person filing an appeal or their designated representative of the
			 date, time, location and hearings officer conducting the formal
			 hearing.
(4) The hearings officer
			 will hear the case and render a proposed Opinion and Order, including
			 recommended findings of fact and conclusion of law, according to the
			 Administrative Procedures Act (APA), ORS
			 183.025 to
			 183.725.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0370 - Manifest Injustice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To prevent a
			 manifest injustice, if a timely appeal has not been filed, the State Fire
			 Marshal, at the State Fire Marshal's own discretion or upon request from the
			 affected employer, owner or operator, may vacate or amend the Community
			 Right-to-Know reporting requirements, Notice of Noncompliance and
			 Proposed/Final Penalty Assessment Order for a facility.
(2) The State Fire Marshal may refer a matter
			 arising under this rule to a hearings officer for a formal hearing or a
			 regional appeals advisory board.
(3) All requests by an employer, owner or
			 operator for consideration based on a manifest injustice shall be in writing
			 and contain a statement indicating the basis of their request.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0380 - Incident Reporting System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Emergency service personnel responding to an incident of threatened or actual
			 injury to a human, wildlife, domestic animal, or in which damage to the
			 environment, or any property loss occurs resulting from a chemical substance or
			 waste incident must make a written report of the incident to the State Fire
			 Marshal:
(a) This report must be on a form
			 approved by the State Fire Marshal;
(b) Only one written incident report for each
			 incident is required. Responsibility for completing the written report shall be
			 in the following order:
(A) Where fire
			 department units have responded to the incident, the fire department having
			 jurisdiction shall be responsible for completing and forwarding the written
			 report;
(B) Where no fire
			 department unit has responded to the incident and where one or more law
			 enforcement agency is at the scene, the first law enforcement agency to have
			 arrived at the scene shall be responsible for completing and forwarding the
			 written report;
(C) Where no fire
			 department unit or law enforcement agency has responded to the incident and
			 where health professionals, including emergency medical technicians or
			 ambulance personnel, are at the scene, the first health professional to arrive
			 at the scene shall be responsible for completing and forwarding the written
			 report; and
(D) Where no fire
			 department unit, law enforcement agency or health professional has responded to
			 the incident, any other emergency service agency, including agencies of this
			 state, who are at the scene shall confer and determine who shall be responsible
			 for completing and forwarding the written report.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 85 - COMMUNITY RIGHT-TO-KNOW SURVEY AND COMPLIANCE PROGRAMS › Section 837-085-0390 - Annual Summaries

Current through Register Vol. 63, No. 7, July 1, 2024
The State Fire Marshal shall annually summarize all incidents
				reported and information received from the Hazardous Substance Information
				Survey. Copies of these summaries will be distributed at no charge to:
(1) Governor;
(2) Legislative Assembly;
(3) Department of Environmental
			 Quality;
(4) Workers' Compensation
			 Division;
(5) Department of
			 Transportation;
(6) Health Division
			 of the Department of Human Resources;
(7) Environmental Health Sciences Center at
			 Oregon State University;
(8) Poison
			 Control Center at Oregon Health Sciences University;
(9) Oregon Emergency Management Division of
			 the Department of State Police;
(10) Oregon State Police;
(11) Every public library as defined in ORS
			 357.400;
(12) Public fire departments;
(13) Local law enforcement
			 agencies.
Statutory/Other Authority: ORS
				  453.367
Statutes/Other Implemented: ORS
				  435.357
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1000 - Coverage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons with
			 facilities covered by ORS
			 453.317 and OAR 837-090-1000  through 837-090-1045  shall be subject to a fee assessment for those hazardous
			 substances classified as minimally, generally, very hazardous, or subject only
			 to a registration fee.
(2) Each
			 facility site shall have a separate fee assessed based upon the amounts and
			 classification of hazardous substances possessed.
(3) Hazardous Substance Possession Fees
			 assessed by local governments based on quantity or the Hazardous Substance
			 Information Survey shall be billed and collected only through contract with the
			 Department of the State Fire Marshal.
Statutory/Other Authority: ORS
				  453.408
Statutes/Other Implemented: ORS
				  453.396 -
				  453.414
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1005 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annually any
			 person possessing a hazardous substance at a covered facility in this state
			 shall pay a fee for each facility site.
(2) The annual fee shall be due following the
			 requirement for submission of a Hazardous Substance Survey. See OAR
			 837-090-1000  to 837-090-1045.
(3)
			 The annual fee shall be in accordance with the fee schedules in OAR
			 837-090-1030  unless the substance is subject only to a registration
			 fee.
(4) The assessment of a
			 Hazardous Substance Possession Fee does not relieve any person from any other
			 duty or responsibility imposed by law or rule.
(5) The Hazardous Substance Possession Fee
			 imposed by these rules is in addition to all other state, county, or municipal
			 fees on hazardous substances.
(6)
			 Local government Hazardous Substance Possession Fees shall be in accordance
			 with fee schedules established by local government rule or ordinance.
Stat. Auth.: ORS
				  453.408
Stats. Implemented: ORS
				  453.398 - ORS
				  353.402
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1010 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 837-090-1000  through 837-090-1045  are effective upon date of filing.
(2) Local government Hazardous Substance
			 Possession Fee programs shall be in compliance with these rules.
Stat. Auth.: ORS
				  453.408
Stats. Implemented: ORS
				  453.396 - ORS
				  453.414
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Aerosol" means
			 any material which is dispensed from its container as a mist, spray or foam by
			 propellant under pressure.
(2)
			 "Blasting Agent" means any material or mixture consisting of a fuel and
			 oxidizer intended for blasting, not otherwise classified as an explosive, in
			 which none of the ingredients are classified as explosives, provided that the
			 finished product as mixed and packaged for use or shipment cannot be detonated
			 by means of a No. 8 test blasting cap when unconfined. Materials or mixtures
			 classified as nitrocarbonitrates by the Department of Transportation
			 regulations shall be included in this definition.
(3) "Carcinogen" means any substance that
			 causes the development of cancerous growths in living tissue. A chemical is
			 considered to be a carcinogen if:
(a) It has
			 been evaluated by the International Agency for Research on Cancer (IARC) and
			 found to be carcinogenic; or
(b) It
			 is listed as a carcinogen in the latest edition of the Annual Report on
			 Carcinogens published by the National Toxicology Program (NTP); or
(c) It is regulated by the Occupational
			 Safety and Health Administration (OSHA) as a carcinogen.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1020 - Hazardous Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Hazardous substances shall be classified according to the hazard(s) they
			 present.
(2) Hazardous substances
			 shall be classified as generally hazardous unless they meet the criteria for
			 classification as minimally hazardous, very hazardous or are subject only to a
			 registration fee.
(3) For purposes
			 of the Hazardous Substance Possession Fee, the most hazardous classification
			 that can be assigned to a substance will be used.
(4) A hazardous substance shall be classified
			 as subject only to a registration fee if, under normal or reasonably expected
			 conditions:
(a) Its primary hazard is that
			 only of a nuisance dust and/or minor irritant; and
(b) It has no other hazard that would
			 classify it as a minimally, generally or very hazardous substance; or
(c) It is classified as such by the
			 Department of the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1025 - Payments and Billings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Hazardous Substance Possession Fee payments are due by January 1 unless
			 otherwise specified on the fee assessment statement.
(2) Hazardous Substance Possession Fees shall
			 be due retroactively to January 1 of each year, for those persons who had been
			 notified but failed to previously submit required complete and accurate
			 Hazardous Substance Information Surveys as required by OAR 837-085-0010  to
			 837-085-0090.
(3) In the absence of
			 other data, current survey data will be used to assess the fee(s) for the
			 previous year(s) when a firm was subject to the Hazardous Substance Information
			 Survey and assessed fees.
(4)
			 Persons who fail to pay the assessed fee within 60 days of the due date shall
			 be assessed a late penalty fee of five percent of the fee amount.
(5) Persons who pay the assessed fee 60 days
			 or more after the due date on the fee assessment statement shall be subject to
			 payment of interest at the rate prescribed under ORS
			 305.220.
(6) Persons subject to retroactive fee
			 assessments shall be subject to payment of interest at the rate prescribed
			 under ORS 305.220.
(7) The Department of the State Fire Marshal
			 shall, for each year a fee is due, send a statement to each person subject to
			 the fee indicating the amount of fee due and the due date.
(8) The Department of the State Fire Marshal
			 may extend for good cause, up to one month, the due date for fee payment:
(a) The extension may be granted at any time
			 if a written request is filed with the State Fire Marshal within or prior to
			 the period for which the extension may be granted;
(b) If the time for payment is extended at
			 the request of a person, interest at the rate established under ORS
			 305.220, for each month, or
			 fraction of a month, from the time the payment was originally due to the time
			 payment is actually made, shall be added and paid.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1030 - State Fee Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Three state
			 fee schedules shall be developed annually as the basis for assessing each
			 person returning Hazardous Substance Information Survey (see OAR 837-090-1000  to 837-090-1045) a Hazardous Substance Possession Fee.
(2) The annual fee assessed under each
			 schedule shall be based upon the single largest maximum aggregate quantity of
			 substance reported in the Hazardous Substance Information Survey that is
			 manufactured, stored, or otherwise possessed by a facility during the survey
			 year.
(3) The programs to be funded
			 from fees collected under ORS
			 453.396 to
			 453.414 and these rules, and the
			 range of the fee schedules that may be considered, beginning July 1989, are as
			 follows:
(a) For funding the Community Right
			 to Know and Protection Act, not less than $25 and not more than $2,000 per
			 facility;
(b) For funding the
			 Toxics Use Reduction and Hazardous Waste Reduction Act, not less than $25 and
			 not more than $2,000 per facility;
(c) For each employer's share of a total of
			 up to $1 million to be deposited into the Orphan Site Account established under
			 ORS 465.381, not less than zero and
			 not more than $9,000 per facility. This schedule shall not require an employer
			 to pay a total more than $25,000 for all facilities.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1035 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every person
			 who possesses a hazardous substance shall keep at the registered place of
			 business complete and accurate records for each facility of any hazardous
			 substance purchased by, or brought in or caused to be brought in to the
			 facility, or stored, used, or manufactured at the facility.
(2) The State Fire Marshal or an authorized
			 representative of the State Fire Marshal, upon oral or written reasonable
			 notice, may make such examinations of the books, papers, records and equipment
			 required to be kept under this section as it may deem necessary in carrying out
			 the provisions of ORS
			 453.396 to
			 453.414 and these
			 rules.
Stat. Auth.: ORS
				  453.408
Stats. Implemented: ORS
				  453.406
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1040 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Units of local
			 government are exempted from the assessment of Hazardous Substance Possession
			 Fees for those substances which the unit of local government:
(a) Is specifically required to use by a
			 state or federal law or rule; or
(b) Uses to meet a standard imposed by state
			 or federal law or rule; or
(c)
			 Produces as a by-product of processes employed to meet a standard imposed by
			 state or federal law or rule.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1045 - Local Government Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 government Hazardous Substance Possession Fees based on quantity or the
			 Hazardous Substance Information Survey shall be used solely to supplement and
			 not to duplicate the Department of the State Fire Marshal's programs under ORS
			 453.307 to
			 453.372.
(2) Local government Hazardous Substance
			 Possession Fees based on quantity or the Hazardous Substance Information
			 Survey, shall be billed and collected only through contract with the Department
			 of the State Fire Marshal.
(3)
			 Local governments shall not assess a hazardous Substance Possession Fee for the
			 same substance to persons who are assessed a Hazardous Substance Possession
			 Registration Fee by the Department of the State Fire Marshal.
(4) The Department of the State Fire Marshal
			 shall not enter into a contract with a local government under OAR
			 837-090-1000(3)  or section (2) of this rule, unless the local government meets
			 the following requirements:
(a) The local
			 government certifies that the revenue from the local Hazardous Substance
			 Possession Fee will be used solely to supplement and not duplicate the
			 Department of the State Fire Marshal's programs under ORS
			 453.307 to
			 453.372; and
(b) The local Hazardous Substance Possession
			 Fee system is structured to be compatible with the fee schedules adopted by OAR
			 837-090-1030; and
(c) The local
			 Hazardous Substance Possession Fee assessment program will not raise moneys in
			 excess of that needed to carry out the local government's supplemental
			 Community Right-To-Know programs.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 90 - HAZARDOUS MATERIALS › Section 837-090-1145 - Petroleum Load Fee

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				465.101 to
				465.131,
				the petroleum load withdrawal fee is established to implement the statewide
				hazardous materials emergency response system provided in ORS
				453.374 as it relates to the maintenance, operation, and use of the public highways,
				roads, streets, and roadside rest areas. Effective October 1, 2019 the fee
				shall be $9.00 per load, effective July 1, 2020 the fee shall be $10.00 per
				load.
Statutory/Other Authority: ORS
				  465.106
Statutes/Other Implemented: ORS
				  465.106
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 95 - STATE EMERGENCY RESPONSE COMMISSION › Section 837-095-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish emergency planning districts as required
				by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001  et seq.). The rules provide guidelines for
				the establishment of a Local Emergency Planning Committee (LEPC) within each
				emergency planning district. The rules also establish a State Emergency
				Response Commission (SERC) Executive Committee.
Stat. Auth.: ORS
				  476.030(2)
Stats. Implemented: ORS
				  453.520
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 95 - STATE EMERGENCY RESPONSE COMMISSION › Section 837-095-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of Oregon Revised Statutes (ORS) 453.520 only, the
				following definitions apply:
(1)
			 "Emergency Planning District" means geographic boundaries designated by the
			 State Emergency Response Commission to facilitate preparation and
			 implementation of emergency plans related to hazardous materials
			 incidents.
(2) "Industry" means
			 facilities subject to the Emergency Planning and Community Right to Know Act of
			 1986 (42 U.S.C. Chapter 11001 et seq.).
(3) "Local Emergency Planning Committee"
			 means a federally mandated, quasi-governmental entity representing local
			 government, emergency response officials, facility owners/operators,
			 environmental and citizen groups and other interested parties.
(4) "State Emergency Response Commission"
			 means the Department of the State Fire Marshal as designated by the Governor
			 pursuant to the Emergency Planning and Community Right to Know Act of 1986 (42
			 U.S.C. Chapter 11001 et seq.).
(5)
			 "State Emergency Response Commission Executive Committee" means a body
			 established to assist the SERC in carrying out the responsibilities mandated in
			 EPCRA.
Statutory/Other Authority: ORS
				  476.030(2)
Statutes/Other Implemented: ORS
				  453.520
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 95 - STATE EMERGENCY RESPONSE COMMISSION › Section 837-095-0030 - SERC Executive Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The State Emergency Response Commission shall maintain a SERC Executive
			 Committee whose purposes include but are not limited to:
(a) Advising the SERC on the designation of
			 Emergency Planning Districts consistent with Oregon Administrative Rules (OAR)
			 837-095;
(b) Advising the SERC on
			 the creation, modification, or dissolving of Local Emergency Planning
			 Committees (LEPC) and on the confirmation of appointments to those
			 committees;
(c) Reviewing plans
			 developed by Local Emergency Planning Committees and making plan
			 recommendations to the SERC;
(d)
			 Supporting Local Emergency Planning Committee efforts to implement EPCRA and
			 ORS 453.520;
(e) Supporting and assisting SERC and Local
			 Emergency Planning Committee efforts to enhance hazardous materials emergency
			 preparedness and response capabilities;
(f) Coordinating hazardous materials
			 training, education, exercises, and outreach activities as well as grant and
			 technical assistance opportunities in support of the SERC and Local Emergency
			 Planning Committees; and
(g)
			 Setting priorities for spending Oregon's allocation of federal Hazardous
			 Materials Emergency Preparedness (HMEP) funds and evaluating requests from
			 LEPCs to fund planning, training, and exercise projects using HMEP
			 funds.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 95 - STATE EMERGENCY RESPONSE COMMISSION › Section 837-095-0040 - Emergency Planning Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The SERC designates each of the 36 counties of Oregon as an
				Emergency Planning District (EPD) for the purposes of EPCRA.
(a) Two or more emergency planning districts
			 may combine resources and function as a single EPD by providing documentation
			 of such request to the SERC from an authorized representative of each county.
(b) Should any county
			 participating in a combined EPD desire to dissolve the combined EPD for any
			 reason, an authorized representative of the county must notify the SERC as well
			 as the other county(ies) involved in the combined EPD of their desire to
			 withdraw from the combined EPD.
Stat. Auth.: ORS
				  476.030(2)
Stats. Implemented: ORS
				  453.520
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 95 - STATE EMERGENCY RESPONSE COMMISSION › Section 837-095-0050 - Local Emergency Planning Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Local Emergency Planning Committee
			 (LEPC) shall be formed in each EPD.
Membership in the LEPC should be guided by the EPCRA and be
				reflective of the stakeholders within each EPD.
(2) The duties and responsibilities of the
			 LEPC should be consistent with the intent of EPCRA and focus on enhancing
			 hazardous materials emergency planning, preparedness and response capabilities
			 within the EPD.
(3) Each LEPC
			 shall appoint a chairperson and adopt such policies and procedures as are
			 necessary to conduct its work.
(4)
			 Each LEPC shall maintain and provide to the SERC a list of contact information
			 for all committee members.
(5)
			 Each LEPC shall prepare an emergency plan, or annex to an appropriate county
			 emergency operations plan, in accordance with EPCRA.
(6) Each LEPC shall review its community
			 emergency response plan annually and submit the reviewed plan to the SERC for
			 review and recommendations.
Stat. Auth.: ORS
				  476.030(2)
Stats. Implemented: ORS
				  453.520
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0005 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to increase the degree of public
				safety by preventing unwanted wild fires and smoke from field burning and
				propaning near highways and freeways within the State of Oregon. These rules
				shall apply to that area west of the crest of the Cascade Range and south to
				the Douglas/Lane County lines.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0007 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local services
			 road: Serves isolated areas that have little or no potential for further
			 development and those serving a minimal number of parcels of land. Most of
			 these roads will not be through roads (connected to public roads on both ends)
			 but will dead end at the service to the last parcel on the road.
(2) Trained Flagger: Has successfully
			 completed a training course taught by a competent person. The training course
			 must comply in substance with Oregon Department of Transportation flagging
			 course content.
Stat. Auth.: ORS
				  476.030, ORS
				  476.380 & ORS
				  478.960
Stats. Implemented: ORS
				  476.380 & ORS
				  478.960
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0010 - Field Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 burning, all fields shall be prepared by providing a barrier around the
			 perimeter free of combustibles.
(2)
			 The barrier shall prevent any fire spread and shall be prepared by using one or
			 more of the following methods:
(a) Plowing or
			 disking a 17-foot strip around the field perimeter; or
(b) Plowing or disking a 5-foot strip around
			 the field perimeter and the removal of loose, combustible straw from a 12-foot
			 strip immediately adjacent to the 5-foot strip; or
(c) Having a 17-foot strip of green cover
			 crop or bare earth; or
(d)
			 Retaining a least a 50 foot strip of green cover crop or bare earth in the
			 immediately adjacent field(s) at the time of burning; or
(e) Other alternatives may be used with the
			 specific written approval of the State Fire Marshal.
Oregon Administrative Rules › Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL › Division 110 - FIELD BURNING AND PROPANING RULES › Section 837-110-0020 - Firefighting Water Supplies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 burning acreage, the following firefighting vehicles shall be provided:
(a) Up to 50 acres -- At least two water tank
			 vehicles with a minimum of 1,000 gallon water capacity shall be on
			 site;
(b) 50 to 200 acres -- At
			 least three water tank vehicles with a minimum of 1,500 gallon water capacity
			 shall be on site;
(c) Over 200
			 acres -- At least four water tank vehicles with a minimum of 3000 gallon water
			 capacity shall be on site.