2007 Oregon Code - Chapter 453 :: Chapter 453 - Hazardous Substances - Radiation Sources
Chapter 453 —
Hazardous Substances; Radiation Sources
2007 EDITION
HAZARDOUS SUBSTANCES; RADIATION SOURCES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
453.001Â Â Â Â Definitions
for ORS 453.001 to 453.185 and 453.605 to 453.807
HAZARDOUS SUBSTANCES
(Generally)
453.005Â Â Â Â Definitions
for ORS 453.005 to 453.135
453.015Â Â Â Â Application
453.025Â Â Â Â Certain
practices not affected by ORS 453.005 to 453.135
(Regulation; Prohibited Acts)
453.035Â Â Â Â Standards
for labeling of hazardous substances
453.045Â Â Â Â Poison
registers; contents
453.055Â Â Â Â Hazardous,
banned hazardous, misbranded hazardous substances; declaration; removal from
commerce
453.065Â Â Â Â Detention
of suspected substances; petition for label of condemnation; judgment,
relabeling or destruction of substances; expenses
453.075Â Â Â Â Repurchase
of banned hazardous substances previously sold; refund of purchase price
453.085Â Â Â Â Prohibited
acts
(Administration)
453.095Â Â Â Â Rules;
determination of combustibility, flammability; designating strong sensitizers
(Enforcement)
453.105Â Â Â Â Authority
to enter premises; inspections; taking samples; payment
453.115Â Â Â Â Access
to records of persons carrying, receiving or storing in commerce; use as
evidence limited; exemption for carriers
453.125Â Â Â Â Enjoining
violations
453.135Â Â Â Â Notice
required prior to institution of criminal proceedings
(Miscellaneous)
453.175Â Â Â Â Necessity
for poison label; content
453.185Â Â Â Â False
representation by purchaser prohibited
ART AND CRAFT MATERIALS
(General Provisions)
453.205Â Â Â Â Definitions
for ORS 453.205 to 453.275
453.215Â Â Â Â Legislative
findings
(Regulation; Prohibited Acts)
453.225Â Â Â Â When
presumption of toxic ingredient arises
453.235Â Â Â Â Distribution
of material containing toxic substances; warnings required; exemptions
453.245Â Â Â Â Order
or purchase by school of material considered to contain toxic substance
prohibited; exceptions
(Information; Labeling)
453.255Â Â Â Â List
of authorized art and craft materials; distribution of lists; information about
and disposal of toxic materials
453.265Â Â Â Â Filing
of formulation information with poison control centers required; labeling
(Civil Penalty)
453.275Â Â Â Â Civil
penalty
COMMUNITY INFORMATION ON HAZARDOUS SUBSTANCES
453.307Â Â Â Â Definitions
for ORS 453.307 to 453.414
453.312Â Â Â Â Legislative
findings
453.317Â Â Â Â Hazardous
substance survey; rules; information to be supplied
453.322Â Â Â Â Retention
of information; distribution of and access to information
453.327Â Â Â Â Public
access; identity of requester
453.332Â Â Â Â When
disclosure of identity may be withheld
453.337Â Â Â Â When
disclosure of identity of hazardous substance required
453.342Â Â Â Â When
incident of injury to be reported; summary of injuries
453.347Â Â Â Â Emergency
response planning
453.352Â Â Â Â Exemption
from reporting requirements; rules
453.357Â Â Â Â Civil
penalty
453.362Â Â Â Â Department
of Consumer and Business Services to supply employersÂ’ names; reimbursement
453.367Â Â Â Â Rules
453.370Â Â Â Â Limitations
on local community right to know regulatory programs; local fees
453.372Â Â Â Â Short
title
453.374Â Â Â Â Hazardous
material emergency response system; implementation; contents; rules; fees
453.376Â Â Â Â Disclosure
of information to State Fire Marshal; entry onto premises
453.378Â Â Â Â Disclosure
of information to local government official; entry onto premises
453.380Â Â Â Â Regional
hazardous material response team; use
453.382Â Â Â Â Cost
of responding to emergency; responsibility; billing; recovery
453.384Â Â Â Â Immunity
of team members from liability
453.386Â Â Â Â Equipment
and personnel; loaning; grants
453.388Â Â Â Â Contracts
for equipment, personnel loans or equipment purchases; provisions; rules
453.390Â Â Â Â Revolving
fund; use
453.396Â Â Â Â Definitions
for ORS 453.396 to 453.414
453.398Â Â Â Â Purpose
453.400Â Â Â Â Possession
of hazardous substance; fee
453.402Â Â Â Â Fees;
statement; schedules; uses; collection; local hazardous substance fees
453.404Â Â Â Â Extension
of payment date
453.406Â Â Â Â Records
of hazardous substance possessed; examinations
453.408Â Â Â Â Rules
453.410Â Â Â Â Application
of ORS chapters 305 and 314
453.412Â Â Â Â Deposit
and distribution of moneys received from fees
453.414Â Â Â Â Exemption
for local government; circumstances allowing
453.520Â Â Â Â State
Fire Marshal as state emergency response commission
RADIATION SOURCES
(Generally)
453.605Â Â Â Â Definitions
for ORS 453.605 to 453.800
453.615Â Â Â Â Statement
of policy
453.625Â Â Â Â Purpose
of ORS 453.605 to 453.800
453.635Â Â Â Â State
Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800
453.645Â Â Â Â Radiation
Advisory Committee; composition; compensation and expenses
453.655Â Â Â Â License
or registration required for radiation source
453.665Â Â Â Â Licenses;
application; modifications; exemptions; rules
453.675Â Â Â Â State
assumption of federal responsibility for radiation sources; effect of federal
licenses
453.685Â Â Â Â Entry
on property for inspection purposes; issuance of warrant; liability for entry
453.695Â Â Â Â Records
concerning radiation source; notice of exposure to radiation source
453.705Â Â Â Â Impounding
radiation source upon violation
453.715Â Â Â Â Injunction
against violation
453.735Â Â Â Â ORS
453.605 to 453.800 and rules supersede contrary laws or regulations
453.745Â Â Â Â Intergovernmental
cooperation to control radiation sources
(X-ray Machines)
453.752Â Â Â Â X-ray
machine registration; inspection and testing requirements; evidence of
registration
453.754Â Â Â Â Application
for X-ray machine registration; renewal notice
453.757Â Â Â Â X-ray
machine biennial registration fee; annual license fees; use of fees; rules
453.761Â Â Â Â X-ray
machine registration period; denial, conditioning, suspension or revocation of
registration; termination
453.766Â Â Â Â Prohibited
conduct
453.771Â Â Â Â Imposition
of civil penalty for X-ray machine registration violations
453.775Â Â Â Â Duties
of Department of Human Services pertaining to X-ray machines
(Radiology Inspectors)
453.780Â Â Â Â Radiology
inspectors; license; minimum qualifications
453.785Â Â Â Â Accreditation;
renewal
453.790Â Â Â Â Authority
of Department of Human Services to condition, suspend, revoke or refuse to renew
radiology inspector accreditation
453.795Â Â Â Â Duties
of Department of Human Services pertaining to accreditation of radiology
inspectors; rules
453.800Â Â Â Â X-ray
Machine Inspection Account; sources; use of moneys in account
453.805Â Â Â Â Elimination
of radiation source danger; compelling compliance
453.807Â Â Â Â When
hearing required; procedure; rules
TRANSPORTATION OF HAZARDOUS SUBSTANCES AND
RADIOACTIVE MATERIALS
453.825Â Â Â Â Department
of Transportation plan for regulating transport of hazardous substances and
radioactive waste
453.835Â Â Â Â Report
to legislative committee
CLEANUP OF TOXIC CONTAMINATION FROM ILLEGAL
DRUG MANUFACTURING
453.855Â Â Â Â Purpose
453.858Â Â Â Â Definitions
for ORS 453.855 to 453.912
453.861Â Â Â Â Applicability
453.864Â Â Â Â Rules
453.867Â Â Â Â Restriction
on transfer of property used as illegal drug manufacturing site; contracts
voidable
453.870Â Â Â Â Transfer
allowed after full disclosure
453.873Â Â Â Â Entry
onto property; purposes; inspection
453.876Â Â Â Â Determination
that property is not fit for use; appeal; notice to local residents
453.879Â Â Â Â Director
of the Department of Consumer and Business Services to be notified of
determination
453.882Â Â Â Â Contaminated
property as public nuisance
453.885Â Â Â Â Decontamination
of property; certification process
453.886Â Â Â Â Notice
by county or local government required before incurring costs; ownerÂ’s or
lienholderÂ’s proposal for decontamination and certification; injunction to
prevent use of property; priority for liens for costs incurred
453.888Â Â Â Â License
required to perform decontamination; procedure; grounds for denial, revocation
or suspension of license; civil penalty; rules
453.891Â Â Â Â Department
of Human Services to provide information to licensed contractors and those
planning to become licensed
453.894Â Â Â Â Licensing
fees; rules
453.897Â Â Â Â Lists
of licensed contractors to be made available
453.900Â Â Â Â Inspection
of decontamination work; contracts to perform
453.903Â Â Â Â Evaluation
of decontamination projects; civil penalty
453.906Â Â Â Â Condemnation
or demolition of property; standards; rules
453.909Â Â Â Â Authority
of counties and cities
453.912Â Â Â Â Governmental
immunity from liability
PENALTIES
453.990Â Â Â Â Criminal
penalties
453.995Â Â Â Â Civil
penalties
GENERAL PROVISIONS
     453.001
Definitions for ORS 453.001 to 453.185 and 453.605 to 453.807. As used in ORS 453.001 to 453.185 and 453.605
to 453.807, unless the context requires otherwise:
     (1) “Department” means the Department of
Human Services.
     (2) “Director” means the Director of Human
Services. [1973 c.829 §15b; 2001 c.900 §200]
HAZARDOUS
SUBSTANCES
(Generally)
     453.005
Definitions for ORS 453.005 to 453.135. As used in ORS 453.005 to 453.135 unless the context requires
otherwise:
     (1) “Combustible” means any substance that
has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as
determined by the Tagliabue Open Cup Tester.
     (2) “Commerce” means any and all commerce
within the State of
     (3) “Corrosive” means any substance that
in contact with living tissue will cause destruction of tissue by chemical
action, but does not refer to action on inanimate surfaces.
     (4) “Electrical hazard” means an article
that because of its design or manufacture may cause personal injury or illness
by electric shock when in normal use or when subjected to reasonably
foreseeable damage or abuse.
     (5) “Extremely flammable” means any
substance that has a flash point at or below 20 degrees Fahrenheit as
determined by the Tagliabue Open Cup Tester.
     (6) “Flammable” means any substance that
has a flash point of above 20 degrees to and including 80 degrees Fahrenheit,
as determined by the Tagliabue Open Cup Tester.
     (7) “Hazardous substance” means:
     (a) Any substance that is toxic,
corrosive, an irritant, a strong sensitizer, flammable, combustible, or
generates pressure through decomposition, heat or other means, if such
substance or mixture of substances may cause substantial personal injury or
substantial illness during or as a proximate result of any customary or reasonably
foreseeable handling or use, including reasonably foreseeable ingestion by
children, or any substance that the Director of Human Services finds, pursuant
to the provisions of ORS 453.005 to 453.135, comes within the definition of
this paragraph.
     (b) Any radioactive substance, if, with
respect to such substance as used in a particular class of article or as
packaged, the director determines that the substance is sufficiently hazardous
to require labeling in accordance with ORS 453.005 to 453.135 in order to
protect the public health. However, “hazardous substance” does not include any
source material, special nuclear material, or by-product material as defined in
the Atomic Energy Act of 1954, as amended, and regulations issued pursuant
thereto by the Atomic Energy Commission.
     (c) Any toy or other article intended for
use by children that the director determines in accordance with ORS 453.055
presents an electrical, thermal or mechanical hazard.
     (d) Any article that is not pesticide
within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act
or regulated under ORS 616.335 to 616.385, but that is a hazardous substance
within the meaning of paragraph (a) of this subsection by reason of bearing or
containing pesticide.
     (e) The following brominated flame
retardant chemicals:
     (A) Pentabrominated diphenyl ether; and
     (B) Octabrominated diphenyl ether.
     (8) “Highly toxic” means any substance
that falls within any of the following categories:
     (a) Produces death within 14 days in
one-half or more of a group of 10 or more laboratory white rats each weighing
between 200 and 300 grams, at a single dose of 50 milligrams or less per
kilogram of body weight, when orally administered;
     (b) Produces death within 14 days in
one-half or more of a group of 10 or more laboratory white rats each weighing
between 200 and 300 grams, when inhaled continuously for a period of one hour
or less at an atmosphere concentration of 200 parts per million by volume or
less of gas or vapor or two milligrams per liter by volume or less of mist or
dust, provided such concentration is likely to be encountered by humans when
the substance is used in any reasonably foreseeable manner; or
     (c) Produces death within 14 days in
one-half or more of a group of 10 or more rabbits tested in a dosage of 200
milligrams or less per kilogram of body weight, when administered by continuous
contact with the bare skin for 24 hours or less.
     (9) “Immediate container” does not include
package liners.
     (10) “Irritant” means any substance not
corrosive within the meaning of subsection (3) of this section, but that on
immediate, prolonged, or repeated contact with normal living tissue will induce
a local inflammatory reaction.
     (11) “Label” means a display of written,
printed, or graphic matter upon the immediate container of any substance, or in
the case of an article that is unpackaged or is not packaged in an immediate
container intended or suitable for delivery to the ultimate consumer, a display
of such matter directly on the article involved or on a tag or other suitable
material affixed thereto, and a requirement made by or under authority of ORS
453.005 to 453.135 that any word, statement, or other information appearing on
the label shall not be considered to be complied with unless such word,
statement, or other information also appears on the outside container or
wrapper, if any, unless it is easily legible through the outside container or
wrapper and on all accompanying literature where there are directions for use,
written or otherwise.
     (12) “Mechanical hazard” means an article
that in normal use or when subjected to reasonably foreseeable damage or abuse
presents an unreasonable risk of personal injury or illness, by its design or
manufacture:
     (a) From fracture, fragmentation, or
disassembly of the article;
     (b) From propulsion of the article or any
part or accessory thereof;
     (c) From points or other protrusions,
surfaces, edges, openings, or closures;
     (d) From moving parts;
     (e) From lack or insufficiency of controls
to reduce or stop motion;
     (f) As a result of self-adhering
characteristics of the article;
     (g) Because the article or any part or
accessory thereof may be aspirated or ingested;
     (h) Because of instability; or
     (i) Because of any other aspect of the
articleÂ’s design or manufacture.
     (13) “Misbranded hazardous substance”
means a hazardous substance that does not meet the labeling requirements of ORS
453.035.
     (14) “Poison” means:
     (a) Arsenic and its preparations;
     (b) Corrosive sublimate;
     (c) Cyanides and preparations, including
hydrocyanic acid;
     (d) Hydrochloric acid and any preparation
containing free or chemically unneutralized hydrochloric acid (HCl) in a
concentration of 10 percent or more;
     (e) Nitric acid or any preparation
containing free or chemically unneutralized nitric acid (HNO3) in a
concentration of five percent or more;
     (f) Strychnine;
     (g) Sulfuric acid and any preparation
containing free or chemically unneutralized sulfuric acid (H2SO4)
in a concentration of 10 percent or more;
     (h) Solution of ammonia, U.S.P. 28
percent; or
     (i) Carbolic acid.
     (15) “Radioactive substance” means a
substance that emits ionizing radiation.
     (16) “Strong sensitizer” means a substance
that will cause on normal living tissue, through an allergic or photodynamic
process, a hypersensitivity that becomes evident on reapplication of the same
substances and that is designated as such by the Director of Human Services.
     (17) “Thermal hazard” means an article
that, in normal use or when subjected to reasonably foreseeable damage or abuse,
because of its design or manufacture presents an unreasonable risk of personal
injury or illness because of heat as from heated parts, substances or surfaces.
     (18) “Toxic substance” means any
substance, other than radioactive substance, that has the capacity to produce
personal injury or illness to humans through ingestion, inhalation, or
absorption through any body surface. [1971 c.409 §1; 1993 c.18 §111; 2005 c.496
§1]
     453.010 [Amended by 1969 c.631 §1; repealed by 1971
c.409 §16]
     453.015
Application. ORS 453.005 to
453.135 and 453.990 (2) do not apply to:
     (1) Articles such as chemical sets which
by reason of functional purpose require the inclusion of the hazardous
substance involved or necessarily present an electrical, mechanical or thermal hazard,
and which bear labeling giving adequate directions and warnings for safe use,
and are intended for use by children who have attained sufficient maturity and
may reasonably be expected to read and heed these directions and warnings.
     (2) Common fireworks regulated under ORS
480.110 to 480.165.
     (3) Pesticides subject to the Federal
Insecticide, Fungicide and Rodenticide Act or regulated by ORS 616.335 to
616.385.
     (4) Substances intended for use as fuels
when stored in containers and used in the heating, cooking or refrigeration
system of a house.
     (5) Foods or drugs otherwise regulated by
this state.
     (6) Poisons sold to the ultimate consumer
for agricultural or industrial uses in amounts of 10 pounds or more.
     (7) Any substance for use in a scientific
laboratory. [1971 c.409 §3]
     453.020 [Amended by 1953 c.64 §2; 1969 c.514 §50;
renumbered 689.865]
     453.025
Certain practices not affected by ORS 453.005 to 453.135. (1) Nothing in ORS 453.005 to 453.135 and
453.990 (2) is intended to interfere with or prevent the legitimate sale of
completely denatured alcohol or methyl alcohol (methanol) by garages and
filling stations, when used for antifreeze purposes and poured directly into
the radiator of any automobile or motor vehicle by the seller thereof.
     (2) Stores and shops other than pharmacies
may sell completely denatured alcohol or methyl alcohol (methanol) in
quantities of not less than one gallon only in original containers and only
when properly labeled by distiller or wholesale distributor and bearing also
sellerÂ’s label. The name and address of seller must be applied by label on the
container. The record of such wholesale quantities must be kept by the seller
and information including date, means of identification and purported use must
also be kept.
     (3) Sellers of denatured alcohol or methyl
alcohol (methanol) only are not required to obtain a shopkeepersÂ’ license under
ORS 689.305.
     (4)(a) Subject to the exemption under
paragraph (b) of this subsection, retail sales of completely denatured alcohol,
methyl alcohol (methanol), heating fuel mixtures and other forms of denatured
alcohol except heating fuel mixtures and other forms of denatured alcohol
containing less than five percent methanol by weight and containing additives
that render them unpalatable for human consumption, in quantities of less than
one gallon, shall be confined to pharmacists and registration of the sales must
be made in their poison register.
     (b) Hotel, restaurant or food catering
wholesalers or suppliers of heating fuel mixtures and other forms of denatured
alcohol are exempt from paragraph (a) of this subsection when the supplying of
these products is restricted for use solely in the preparation of commercially
prepared foods in businesses supplying food needs directly to the public for
immediate consumption. Products so classified when purchased shall be used only
for this specified purpose and shall not be resold, given away or in any way
made available to the public.
     (5) Distributors and transporters, stores
and shops, other than pharmacies, may deliver, or sell carbolic acid (phenol),
for commercial use only in quantities of at least one pound but only when the
container is properly labeled by the manufacturer or wholesaler and also bears
a label containing the name and address of the seller or deliverer. Record of
sales or deliveries of quantities of one pound or more of carbolic acid
(phenol) shall be kept by the seller and deliverer. The record shall contain
information, including the date, name of purchaser or person receiving the
delivery and purported use.
     (6) A distributor, transporter, store or
shop shall not by reason of the delivery or sale of carbolic acid (phenol) in
quantities of at least one pound be required to obtain a shopkeepersÂ’ license
under ORS 689.305. Retail sales of carbolic acid (phenol) in quantities of less
than one pound shall be confined to pharmacies and registration of such sales
shall be made on their poison register.
     (7) Except as specifically provided by
law, the provisions of laws governing the sale and distribution of poisons do
not apply to the sale or distribution of compounds, preparations or remedies
which do not contain more than two grains of opium, or more than one-fourth
grain of morphine, or more than one-eighth grain of heroin, or more than one
grain of codeine, or any salt or derivative of any of them in one fluid ounce,
or, if solid or semisolid preparations, in one avoirdupois ounce; or to
liniments, ointments or other preparations which are prepared for external use
only, when sold or distributed for use as medicines.
     (8)(a) Whenever poisons are dispensed in
accordance with a written prescription by a practitioner, and such written
prescription is filed and retained by the pharmacist as required by law, all of
the requirements of ORS 453.005 to 453.135 and 453.990 (2) are satisfied.
     (b) A pharmacist shall affix a poison
label to a prescription when the prescribing practitioner so directs.
     (9) Nothing in ORS 453.005 to 453.135 and
453.990 (2) applies to the manufacture or wholesale of any poisons. However,
each box, vessel or package, other than prescriptions, in which any poison is
contained must be labeled as provided in ORS 453.035. [1971 c.409 §4; 1977
c.785 §4; 1979 c.777 §48]
     453.030 [Amended by 1969 c.631 §2; renumbered
453.175]
(Regulation;
Prohibited Acts)
     453.035
Standards for labeling of hazardous substances. (1) The Director of Human Services shall
adopt standards for the labeling of hazardous substances. The director may
permit or require the use of a recognized generic name or may require the
common or usual name or the chemical name, if there is no common or usual name,
of the hazardous substance or of each component which the director finds
contributes substantially to its hazard.
     (2) The director shall require:
     (a) The word “Danger” on substances which
are extremely flammable, corrosive or highly toxic;
     (b) The word “Warning” or “Caution” on
other hazardous substances;
     (c) An affirmative statement of the
principal hazard or hazards, such as “Flammable,” “Combustible,” “Vapor
Harmful,” “Causes Burns,” “Absorbed Through Skin,” or similar wording
descriptive of the hazard;
     (d) Precautionary measures describing the
action to be followed or avoided, except when modified by rule of the director
pursuant to subsection (4) of this section;
     (e) Instruction, when necessary or
appropriate, for first-aid treatment;
     (f) The word “Poison” for any hazardous
substance which is defined as “highly toxic” in ORS 453.005;
     (g) Instructions for handling and storage
of packages which require special care in handling or storage;
     (h) Adequate directions for the protection
of children from the hazard if the article is intended for use by children and
is not a banned hazardous substance, or the statement “Keep out of the reach of
children,” or its practical equivalent, if the article is not intended for use
by children; and
     (i) The name and place of business of the
manufacturer, packer, distributor or seller.
     (3) Any statement required by this section
must be in the English language, located prominently and in conspicuous and
legible type in contrast by typography, layout or color with other printed
matter on the label.
     (4) If the director finds that, because of
the size of the package involved or because of the minor hazard presented by
the substance contained therein, or for other good and sufficient reasons, full
compliance with the labeling requirements otherwise applicable under ORS
453.005 to 453.135 and 453.990 (2) is impracticable or is not necessary for the
adequate protection of the public health and safety, the director may authorize
the exemption of such substance from the requirements, to an extent consistent
with adequate protection of the public health and safety. [1971 c.409 §5]
     453.040 [Amended by 1969 c.631 §3; repealed by 1971
c.409 §16]
     453.045
Poison registers; contents.
(1) Every person who purchases poison shall be registered in a poison register,
kept solely for that purpose, stating the date and hour of the sale, the name
and address and the signature of the purchaser, the kind and quantity of the
poison sold, a statement by the purchaser of the purpose for which it is
required, and the name of the dispenser, who must be a pharmacist.
     (2) Official poison registers shall be
furnished by the State Board of Pharmacy only to pharmacists and shall be in
the form of columns with the following headings:
     (a) Date and hour.
     (b) Name of purchaser.
     (c) Residence address.
     (d) Kind and quantity.
     (e) Purpose of use.
     (f) Means of identification.
     (g) Signature of purchaser.
     (h) Signature of pharmacist.
     (3) Each official poison register shall be
open for inspection by the proper authorities at all times and shall be
preserved for at least five years after the date of the last entry therein. [1971
c.409 §14]
     453.050 [Amended by 1969 c.631 §4; repealed by 1971
c.409 §16]
     453.055
Hazardous, banned hazardous, misbranded hazardous substances; declaration;
removal from commerce. (1)
The Director of Human Services shall declare to be a hazardous substance any
substance or mixture of substances which the director finds to be within the
definition of hazardous substance in ORS 453.005.
     (2) If the director finds that any
hazardous substance is a misbranded hazardous substance, the director shall
require such reasonable variations or labeling requirements in addition to
those required by ORS 453.035 as the director finds necessary for the
protection of the public health and safety. However, if the director finds that
any hazardous substance cannot be labeled adequately to protect the public
health and safety, or the article presents an imminent danger to the public
health and safety, the director may declare the article to be a banned
hazardous substance and require its removal from commerce.
     (3) If the director finds that a toy or
other article intended for use by children is a hazardous substance, bears or
contains a hazardous substance in a manner as to be susceptible of access by a
child to whom the toy or other article is entrusted or presents an electrical,
mechanical or thermal hazard, the director shall declare a toy or other article
to be a banned hazardous substance and require its removal from commerce.
     (4) If the director finds that any
hazardous substance intended, or packaged in a form suitable, for use in a household,
notwithstanding cautionary labeling as required under ORS 453.005 to 453.135
and 453.990 (2), involves a degree or nature of the hazard by its presence or
use in households that the protection of the public health and safety can be
adequately served only by keeping the substance out of the channels of
commerce, the director shall declare the hazardous substance to be a banned
hazardous substance and require its removal from commerce.
     (5) Any hazardous substance intended, or
packaged in a form suitable for use in the household or by children, which
fails to bear a label in accordance with ORS 453.035 and the standards of the
director shall be deemed to be a misbranded hazardous substance.
     (6) Any hazardous substance contained in a
reused food, drug or cosmetic container is a misbranded hazardous substance. [1971
c.409 §6]
     453.060 [Amended by 1969 c.631 §5; repealed by 1971
c.409 §16]
     453.065
Detention of suspected substances; petition for label of condemnation;
judgment, relabeling or destruction of substances; expenses. (1) Whenever the Director of Human Services
or a designated representative finds or has probable cause to believe that any
hazardous household substance is misbranded, or is a banned hazardous
substance, the director or designated representative shall affix to such
article a tag or other appropriate marking, giving notice that such article is
or is suspected of being misbranded or is a banned hazardous substance, and has
been detained or embargoed, and warning all persons not to remove or dispose of
such article by sale or otherwise until permission for removal or disposal is
given by such agent or the court.
     (2) When an article detained or embargoed
under subsection (1) of this section has been found to be misbranded or a banned
hazardous substance, the director shall petition the circuit court of the
county within which the article is detained or embargoed for a label of
condemnation of such article. However, if the director or a designated
representative finds that an article so detained or embargoed is not misbranded
or a banned hazardous substance, the director or designated representative
shall remove the tag or other marking.
     (3) If the court finds that a detained or
embargoed article is misbranded or a banned hazardous substance, after entry of
the judgment, the article shall be destroyed at the expense of the owner or
claimant thereof, under supervision of the director or a designated
representative, and all court costs and fees, and storage and other proper
expenses, shall be taxed against the owner or claimant of such article or the
owner or claimant agent. However, when the misbranding can be corrected by
proper labeling of the article, after entry of the judgment and after such
costs, fees, and expenses have been paid and a good and sufficient bond or
irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, conditioned that such article shall be so labeled, has been
executed, the court may order that such article be delivered to the owner or
claimant thereof for such labeling under the supervision of an agent of the
director. The expense of such supervision shall be paid by claimant. The
article shall be returned to the claimant on the representation to the court by
the director that the article is no longer in violation of ORS 453.005 to
453.135 and 453.990 (2), and that the expenses of such supervision have been
paid. [1971 c.409 §8; 1991 c.331 §64; 1997 c.631 §474; 2003 c.576 §458]
     453.070 [Amended by 1969 c.631 §17; renumbered
453.185]
     453.075
Repurchase of banned hazardous substances previously sold; refund of purchase
price. (1) Any article or
substance sold by its manufacturer, distributor, or dealer that is a banned
hazardous substance, whether or not it was such at the time of its sale, shall,
in accordance with rules of the Director of Human Services, be repurchased as
provided in this section.
     (2) The manufacturer or distributor of any
such article shall repurchase it from the person to whom the manufacturer or
distributor sold it, and shall:
     (a) Refund to that person the purchase
price paid for such article or substance;
     (b) If that person has repurchased such
article or substance pursuant to this paragraph or paragraph (a) of this
subsection, reimburse the person for any amounts paid in accordance with this
section for the return of such article or substance in connection with its
repurchase; and
     (c) If the manufacturer requires the
return of such article or substance in connection with the repurchase of it,
reimburse that person for any reasonable and necessary expenses incurred in
returning it to the manufacturer.
     (3) In the case of any such article or
substance sold at retail by a dealer, if the person who purchased it from the
dealer returns it to the dealer, the dealer shall refund to the purchaser the
purchase price paid for it and reimburse the person for any reasonable and
necessary transportation charges incurred in its return.
     (4) As used in this section:
     (a) “Distributor” includes a dealer who
sells at wholesale an article or substance with respect to that sale.
     (b) “Manufacturer” includes an importer
for resale. [1971 c.409 §13; 2005 c.22 §324]
     453.080 [Repealed by 1969 c.631 §17]
     453.085
Prohibited acts. A person
may not perform any of the following acts:
     (1) The introduction or delivery for
introduction into commerce of any misbranded hazardous substance or banned
hazardous substance.
     (2) The alteration, mutilation,
destruction, obliteration, or removal of the whole or any part of the label of
a hazardous substance.
     (3) The performance of any act with
respect to a hazardous substance while the substance is in commerce, or while
the substance is held for sale or resale after shipment in commerce, that
results in the hazardous substance being a misbranded hazardous substance or a
banned hazardous substance.
     (4) The receipt of or delivery into
commerce of any misbranded hazardous substance or banned hazardous substance
for pay or otherwise.
     (5) The giving of a guarantee or
undertaking that is false, except as a person who relied upon a guarantee or
undertaking to the same effect signed by, and containing the name and address
of, a person residing in the
     (6) The failure to permit entry or
inspection as authorized by ORS 453.005 to 453.135 or to permit access to and
copying of any record as authorized by ORS 453.005 to 453.135.
     (7) The introduction or delivery for
introduction into commerce, or the receipt in commerce and subsequent delivery
or proffered delivery for pay or otherwise, of a hazardous substance in a
reused food, drug or cosmetic container or in a container that, though not a
reused container, is identifiable as a food, drug or cosmetic container by its
labeling or by other identification.
     (8) The use by any person to the advantage
of the person, or the revealing other than to the Director of Human Services or
the authorized representative of the director or to a court of any information
acquired under authority of ORS 453.005 to 453.135 concerning any method or
process that is a trade secret entitled to protection.
     (9) The sale or delivery of any poison to
a minor under 18 years of age without the written order of a person 21 years of
age or over, which written order shall be retained in the records of the seller
and the poison register of the seller shall show by the name of the purchaser
the fact that the sale or delivery was to a minor on order of an adult and show
the adultÂ’s name and address.
     (10) The sale or delivery of completely
denatured alcohol, methyl alcohol (methanol), canned heat or other solidified
forms of denatured alcohol, or any preparation containing those substances, to
be used for beverage purposes.
     (11) The sale or delivery of any poison without
making or causing to be made an entry in a poison register of the seller in the
manner required by law.
     (12) The sale or delivery to any person of
any poison without having learned by due inquiry that such person is aware of
the poisonous character thereof and that it is desired for a lawful purpose.
     (13) The giving of a fictitious name or
making any false representations to the seller or dealer when buying any of the
poisons.
     (14) The sale or delivery to any person by
anyone other than a pharmacist of a poison.
     (15) The removal or disposal of any
detained or embargoed article without permission of the Director of Human
Services or a designated representative.
     (16) The introduction or delivery for
introduction into commerce of any product containing more than one-tenth of one
percent by mass of pentabrominated diphenyl ether or octabrominated diphenyl
ether. This subsection does not apply to:
     (a) Used products; or
     (b) Replacement parts for products
introduced into commerce before January 1, 2006. [1971 c.409 §2; 2005 c.496 §2]
     453.090 [Amended by 1953 c.351 §2; 1969 c.631 §7;
repealed by 1971 c.409 §16]
(Administration)
     453.095
Rules; determination of combustibility, flammability; designating strong
sensitizers. (1) The
authority to adopt rules for the administration and enforcement of ORS 453.005
to 453.135 and 453.990 (2) is vested in the Director of Human Services pursuant
to ORS chapter 183.
     (2) The director shall cause the rules
adopted under ORS 453.005 to 453.135 and 453.990 (2) to be no less strict than
rules established pursuant to the Federal Hazardous Substances Act.
     (3) The combustibility, and extreme
flammability of solids and of the contents of self-pressurized containers shall
be determined by methods found by the director to be generally applicable to
such materials or containers, respectively, and established by the director.
     (4) Before designating any substance as a
strong sensitizer, the director, upon consideration of the frequency of
occurrence and severity of the reaction, shall find that the substance has a
significant potential for causing hypersensitivity. [1971 c.409 §10]
     Note: Sections 4 and 6, chapter 496, Oregon Laws
2005, provide:
     Sec.
4. (1) The Department of
Human Services shall submit a report in January of each even-numbered year to
the appropriate interim committee with jurisdiction over natural resources
matters. The report shall include:
     (a) A summary review of relevant new
studies on decabrominated diphenyl ether and recent findings and rulings by the
United States Environmental Protection Agency and the European Union; and
     (b) Recommendations regarding the disposal
of products containing pentabrominated diphenyl ether or octabrominated
diphenyl ether.
     (2) The Department of Human Services shall
make the report required in subsection (1) of this section available to the
public and shall request public comment for a period of at least 30 days prior
to submitting the report to the appropriate interim committee. Public comments
received by the department shall be submitted to the interim committee with the
report. [2005 c.496 §4]
     Sec.
6. Section 4 of this 2005
Act is repealed on December 31, 2008. [2005 c.496 §6]
     453.100 [Amended by 1969 c.631 §8; repealed by 1971
c.409 §16]
(Enforcement)
     453.105
Authority to enter premises; inspections; taking samples; payment. (1) For the purposes of enforcement of ORS
453.005 to 453.135 and 453.990 (2), the Director of Human Services or a
designated representative upon presenting appropriate credentials to the owner,
operator or agent in charge, may:
     (a) Enter, at reasonable times, any
factory, warehouse or establishment in which hazardous substances are
manufactured, processed, packed, or held for introduction into commerce or are
held after such introduction, or to enter any vehicle being used to transport
or hold such hazardous substances in commerce.
     (b) Inspect, at reasonable times, and
within reasonable limits and in a reasonable manner, such factory, warehouse,
establishment or vehicle, and all pertinent equipment, finished and unfinished
materials, and labeling therein.
     (c) Obtain samples of such materials or
packages thereof, or of such labeling.
     (2) If the director or a designated
representative obtains any sample, prior to leaving the premises, the director
or designated representative shall pay or offer to pay the owner, operator, or
agent in charge for such sample and give a receipt describing the sample
obtained. [1971 c.409 §11]
     453.110 [Amended by 1953 c.351 §2; 1965 c.90 §1;
1967 c.381 §1; 1969 c.631 §9; repealed by 1971 c.409 §16]
     453.115
Access to records of persons carrying, receiving or storing in commerce; use as
evidence limited; exemption for carriers. (1) For the purpose of enforcing the provisions of ORS 453.005 to
453.135 and 453.990 (2), carriers engaged in commerce, and persons receiving
hazardous substances in commerce or holding such hazardous substances so
received shall, upon request, permit the Director of Human Services or a
designated representative at reasonable times, to have access to and to copy
all records showing the movement in commerce of any such hazardous substances,
or the holding thereof during or after such movement, and the quantity,
shipper, and consignee thereof. Such request must be accompanied by a statement
in writing specifying the nature or kind of such hazardous substance to which
such request relates.
     (2) Evidence obtained under this section
shall not be used in a criminal prosecution of the person from whom obtained.
     (3) Carriers shall not be subject to the
other provisions of ORS 453.005 to 453.135 and 453.990 (2) by reason of their
receipt, carriage, holding or delivery of hazardous substances in the usual
course of business as carriers. [1971 c.409 §12]
     453.120 [Amended by 1969 c.631 §10; repealed by 1971
c.409 §16]
     453.125
Enjoining violations. In
addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2),
the Director of Human Services may apply to the circuit court for, and such
court shall have jurisdiction upon hearing and for cause shown, to grant a
temporary or permanent injunction restraining any person from violating any
provision of ORS 453.085. [1971 c.409 §7]
     453.130 [Amended by 1969 c.631 §11; repealed by 1971
c.409 §16]
     453.135
Notice required prior to institution of criminal proceedings. Before any violation of ORS 453.005 to
453.135 and 453.990 (2) is reported to any district attorney or police official
for the institution of a criminal proceeding, the person against whom such
proceeding is contemplated shall be given appropriate notice and an opportunity
to present the personÂ’s views before the Director of Human Services or the
designated agent of the director, either orally or in writing, in person, or by
attorney, with regard to such contemplated proceeding. [1971 c.409 §9]
     453.140 [Amended by 1969 c.631 §12; repealed by 1971
c.409 §16]
     453.150 [Amended by 1969 c.631 §13; repealed by 1971
c.409 §16]
     453.160 [Repealed by 1971 c.409 §16]
     453.170 [Amended by 1969 c.631 §14; repealed by 1971
c.409 §16]
(Miscellaneous)
     453.175
Necessity for poison label; content. Except as otherwise specifically provided by law, no person shall sell
or dispense at retail any poison without affixing to the box, bottle, vessel or
package containing the poison, a clear and legible label, either printed or
written, bearing the name of the poison in English with the name and the place
of business of the pharmacist, owner or manager by whom it is sold. [Formerly
453.030; 1977 c.582 §50]
     453.185
False representation by purchaser prohibited. It is unlawful for any person to give a fictitious name or make any
false representations to the seller or dealer when buying any of the poisons or
any caustic or corrosive substances specified in ORS 453.005 (14) or in the
rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 §51]
ART AND CRAFT
MATERIALS
(General
Provisions)
     453.205
Definitions for ORS 453.205 to 453.275. As used in ORS 453.205 to 453.275:
     (1) “Art or craft material” means any raw
or processed material or manufactured product marketed or being represented by
the manufacturer, repackager or principal importer as being suitable for use in
any phase of the creation of any work of visual or graphic art of any medium. “Art
or craft material” does not include economic poisons subject to the Federal
Insecticide, Fungicide, and Rodenticide Act (61 Stats. 163) or drugs, devices
or cosmetics, which are subject to the Federal Food, Drug and Cosmetics Act (52
Stats. 1040).
     (2) “Department” means the Department of
Human Services.
     (3) “Human carcinogen” means any substance
listed as a human carcinogen by the International Agency for Research on
Cancer.
     (4) “Medium” includes, but is not limited
to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained
glass, plastic sculpture, photographs and leather and textile goods.
     (5) “Potential human carcinogen” means one
of the following:
     (a) Any substance which does not meet the
definition of human carcinogen, but for which there exists sufficient evidence
of carcinogenicity in animals, as determined by the International Agency for
Research on Cancer.
     (b) Any chemical shown to be changed by
the human body into a human carcinogen.
     (6) “Toxic substance causing chronic
illness” means any of the following:
     (a) Human carcinogens.
     (b) Potential human carcinogens.
     (c) Any substance included in the list of
hazardous substances prepared by the Department of Consumer and Business
Services pursuant to the Hazard Communication Rule, Division 155,
notwithstanding exemptions made for substances on the list which are used in
particular forms, circumstances or concentrations, if the health hazard
presented by the substance is not the subject of label statements required by
federal law. [1985 c.539 §1]
     453.210 [Repealed by 1971 c.409 §16]
     453.215
Legislative findings. The
Legislative Assembly:
     (1) Finds and declares that there exists a
significant danger to the public health and safety from exposure to art or
craft material which contains toxic chemicals. This health risk threatens not
only professional artists and craftspersons, but art teachers, students at
every educational level, hobbyists and children. Toxic substances may be
employed during the course and scope of creating art or craft objects of all
varieties.
     (2) Finds and declares that present
labeling of ingredients and hazards of art or craft material is insufficient to
adequately protect the consumers of this state from chronic adverse health
effects. Because many persons do not know what toxic chemical substances they
work with, proper precautionary actions cannot be taken. Disclosure of toxic
ingredients, their possible adverse effects on health, and instructions for
safe handling, will substantially minimize unnecessary exposure to excessive
risk.
     (3) Finds and declares that it is
consistent to impose upon those who manufacture, repackage and distribute art
or craft material a duty to convey to consumers information about the potential
health hazards of the products they manufacture.
     (4) Finds and declares that school
children are not sufficiently protected by present health laws insofar as
materials which may be seriously harmful are not so labeled and therefore
children are not properly warned as to the dangers inherent in the use of these
materials.
     (5) Intends by ORS 453.205 to 453.275 to
insure that consumers be provided information concerning the nature of the
toxic substances with which they are working and the known and suspected health
hazards of these substances and to insure the uniformity of labeling standards,
so that materials with similar hazards also have essentially similar labels and
to insure that elementary school children are protected by prohibiting the sale
of those toxic substances to schools and school districts for use in
kindergarten and grades 1 through 6. [1985 c.539 §2]
     453.220 [Repealed by 1971 c.409 §16]
(Regulation;
Prohibited Acts)
     453.225
When presumption of toxic ingredient arises. For the purposes of ORS 453.205 to 453.275, an art or craft material
shall be presumed to contain an ingredient which is a toxic substance causing
chronic illness if the ingredient, whether an intentional ingredient or an
impurity, is one percent or more by weight of the mixture or product, or if the
Department of Human Services determines that the toxic or carcinogenic
properties of the art or craft material are such that labeling is necessary for
the adequate protection of the public health and safety. [1985 c.539 §3]
     453.230 [Repealed by 1971 c.409 §16]
     453.235
Distribution of material containing toxic substances; warnings required;
exemptions. (1) No person
shall distribute any art or craft material containing toxic substances causing
chronic illness on which the person:
     (a) Has failed to affix a conspicuous
label containing the signal word “WARNING,” to alert users of potential adverse
health effects.
     (b) Has failed to affix a conspicuous
label warning of the health-related dangers of the art or craft material. If a
product contains:
     (A) A human carcinogen, the warning shall
contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.”
     (B) A potential human carcinogen and does
not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE
CANCER HAZARD! Overexposure might create cancer risk.”
     (C) A toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the following
statement or statements where applicable:
     (i) “May cause sterility or damage to
reproductive organs.”
     (ii) “May cause birth defects or harm to
developing fetus.”
     (iii) “May be excreted in human milk
causing harm to nursing infant.”
     (iv) “May cause central nervous system
depression or injury.”
     (v) “May cause numbness or weakness in the
extremities.”
     (vi) “Overexposure may cause damage to
(specify organ).”
     (vii) “Heating above (specify degrees) may
cause hazardous decomposition products.”
     (D) More than one chronically toxic
substance, or if a single substance can cause more than one chronic health
effect, the required statements may be combined into one warning statement.
     (c) Has failed to affix on the label a
list of ingredients that are toxic substances causing chronic illness.
     (d) Has failed to affix on the label a
statement or statements of safe use and storage instructions, conforming to the
following list. The label shall contain, but not be limited to, as many of the
following risk statements as are applicable:
     (A) “Keep out of reach of children.”
     (B) “When using, do not eat, drink or
smoke.”
     (C) “Wash hands after use and before
eating, drinking or smoking.”
     (D) “Keep container tightly closed.”
     (E) “Store in well-ventilated area.”
     (F) “Avoid contact with skin.”
     (G) “Wear protective clothing (specify
type).”
     (H) “Wear National Institute of
Occupational Safety and Health (NIOSH) certified masks for dusts, mists or
fumes.”
     (I) “Wear NIOSH certified respirator with
appropriate cartridge for (specify type).”
     (J) “Wear NIOSH certified supplied air
respirator.”
     (K) “Use window exhaust fan to remove
vapors and ensure adequate ventilation (specify explosion proof if necessary).”
     (L) “Use local exhaust hood (specify
type).”
     (M) “Do not heat above (specify degrees)
without adequate ventilation.”
     (N) “Do not use or mix with (specify
material).”
     (e) Has failed to affix on the label a
statement on where to obtain more information, such as “call your local poison
control center for more health information.”
     (f) Has failed to affix on the label the
name and address of the manufacturer.
     (2)(a) If the information listed in
subsection (1)(d) of this section cannot fit on the package label, a package
insert shall be required to convey all the necessary information to the
consumer. In this event, the label shall contain a statement to refer to the
package insert, such as “CAUTION: See package insert before use.” The language
on this insert shall be nontechnical and nonpromotional in tone and content.
     (b) For purposes of this subsection, “package
insert” means a display of written, printed or graphic matter upon a leaflet or
suitable material accompanying the art supply.
     (3) The requirements set forth in this
section shall not be considered to be complied with unless the required words,
statements or other information appear on the outside container or wrapper, or
on a package insert that is easily legible through the outside container or
wrapper and is painted in a color in contrast with the product or the package
containing the product.
     (4) The Department of Human Services may
exempt a material from full compliance with ORS 453.205 to 453.275. In considering
this exemption, the department shall take into consideration the potential for
reasonably foreseeable misuse of a material by a child.
     (5) If an art or craft material complies
with labeling standards D-4236 of the American Society for Testing and Materials
(ASTM), the material complies with the provisions of ORS 453.205 to 453.275,
unless the department determines that the label on an art or craft material
does not satisfy the purposes of ORS 453.205 to 453.275. [1985 c.539 §4; 2003
c.14 §277]
     453.240 [Repealed by 1971 c.409 §16]
     453.245
Order or purchase by school of material considered to contain toxic substance
prohibited; exceptions. (1)
Art or craft material that is considered by the Department of Human Services to
contain a toxic substance causing chronic illness may not be ordered or
purchased by a school or school district for use by students in kindergarten
and grades 1 through 6.
     (2) Any substance that is a toxic
substance causing chronic illness may not be ordered or purchased by a school
or school district for use by students in grades 7 through 12 unless the
substance meets the labeling standards specified in ORS 453.235.
     (3) If the department finds that, because
the chronically toxic, carcinogenic or radioactive substances contained in an
art or craft material cannot be ingested, inhaled or otherwise absorbed into
the body during any reasonably foreseeable use of the material in a way that
could pose a potential health risk, the department may exempt the material from
these requirements to the extent the department determines to be consistent
with adequate protection of the public health and safety. [1985 c.539 §5; 2005
c.22 §325]
(Information;
Labeling)
     453.255
List of authorized art and craft materials; distribution of lists; information
about and disposal of toxic materials. (1) By June 1, 1986, the Department of Human Services shall develop a
list of those art or craft materials which can be purchased or ordered for use
in kindergarten and in grades 1 through 6 and a list of materials which, while
not currently sold or manufactured, may be reasonably suspected to still exist
at some schools. In developing the lists, the department shall consult with
manufacturers of art supplies, artistsÂ’ groups, health organizations and
toxicologists as the department considers appropriate.
     (2) The Superintendent of Public
Instruction shall distribute the lists to all school districts and shall make
the lists available to preschools, child care centers and other businesses and
organizations which involve children in the use of art or craft materials.
     (3) The superintendent shall inform school
districts of the requirements of ORS 453.205 to 453.275 and shall encourage
school districts to dispose of art or craft materials which may contain human
carcinogens, potential human carcinogens or toxic substances causing chronic
illness, but which are not affected by ORS 453.205 to 453.275. [1985 c.539 §§6,7]
     453.265
Filing of formulation information with poison control centers required;
labeling. (1) The
manufacturer of any art or craft material sold, distributed, offered for sale
or exposed for sale in this state shall supply to a national poison control
network approved by the Director of Human Services the formulation information
required by that network for dissemination to poison control centers. Failure
to file formulation information with an approved poison control network is a
violation of ORS 453.205 to 453.275.
     (2) The requirements set forth in ORS
453.235 shall not be considered to be complied with unless all required words,
statements or other information accompany art or craft materials from
manufacturer to consumer, not excluding any distributor, packager or
repackager. [1985 c.539 §8; 2003 c.14 §278]
(Civil
Penalty)
     453.275
Civil penalty. Violation of
ORS 453.235 or 453.265 is punishable by a civil penalty of not to exceed $1,000
that may be imposed and collected in the manner prescribed in ORS 441.705 to
441.745. [1985 c.539 §9]
     453.305 [1971 c.609 §2; 1975 c.606 §21; renumbered
469.300]
COMMUNITY
INFORMATION ON HAZARDOUS SUBSTANCES
     453.307
Definitions for ORS 453.307 to 453.414. As used in ORS 453.307 to 453.414:
     (1) “Community right to know regulatory
program” or “local program” means any law, rule, ordinance, regulation or
charter amendment established, enforced or enacted by a local government that
requires an employer to collect or report information relating to the use,
storage, release, possession or composition of hazardous substances and toxic
substances if a primary intent of the law, rule, ordinance, regulation or
charter amendment is the public distribution of the information.
     (2) “Emergency service personnel” includes
those entities providing emergency services as defined in ORS 401.025.
     (3) “Employer” means:
     (a) Any person operating a facility that
is included in one or more of the 21 standard industrial classification
categories in Appendix B of the Natural Resources Defense Council v. Train
Consent Decree of June 8, 1976 (8 E.R.C. 2120); or
     (b) Any person operating a facility
designated by the State Fire Marshal.
     (4) “Fire district” means any agency
having responsibility for providing fire protection services.
     (5) “Hazardous substance” means:
     (a) Any substance designated as hazardous
by the Director of the Department of Consumer and Business Services or by the
State Fire Marshal;
     (b) Any substance for which a material
safety data sheet is required by the Director of the Department of Consumer and
Business Services under ORS 654.035 and which appears on the list of Threshold
Limit Values for Chemical Substances and Physical Agents in the Work
Environment by the American Conference of Governmental Industrial Hygienists;
or
     (c) Radioactive waste and material as
defined in ORS 469.300 and radioactive substance as defined in ORS 453.005.
     (6) “Health professional” means a
physician as defined in ORS 677.010, registered nurse, industrial hygienist,
toxicologist, epidemiologist or emergency medical technician.
     (7) “Law enforcement agency” has the
meaning given that term in ORS 181.010.
     (8) “Local government” means a city, town,
county, regional authority or other political subdivision of this state.
     (9) “Person” includes individuals,
corporations, associations, firms, partnerships, joint stock companies, public
and municipal corporations, political subdivisions, the state and any agency
thereof, and the federal government and any agency thereof.
     (10) “Trade secret” has the meaning given
that term in ORS 192.501 (2). [1985 c.726 §1; 1987 c.259 §5; 1991 c.956 §14;
1993 c.187 §25; 1999 c.1089 §5; 2005 c.825 §17]
     453.310 [Amended by 1969 c.514 §51; renumbered
689.855]
     453.312
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) The public’s health and safety may be
endangered by a lack of knowledge about hazardous substances located within
this state.
     (2) Information on the use of hazardous
substances in this state should be made readily available to members of the
public, allowing them to take measures to protect themselves against dangers
posed to health and safety.
     (3) Emergency service personnel must know
what types and amounts of hazardous substances are present within this state
and where they are located in order to properly protect human life and
property.
     (4) A need exists to coordinate and make
available to emergency service personnel information about the nature and
amount of hazardous substances in
     (5) Access by emergency service personnel
to information about hazardous substances assures better protection of homes
and recreational facilities, increases safety in the place of employment,
improves livability and allows more control over emergency situations. [1985
c.726 §3]
     453.315 [1971 c.609 §1; 1975 c.606 §22; renumbered
469.310]
     453.317
Hazardous substance survey; rules; information to be supplied. (1) The State Fire Marshal shall develop a
hazardous substance survey and distribute the survey to employers in this
state. The survey shall request the following information from such employers:
     (a) The identity and hazard classification
of the hazardous substance as listed on a material safety data sheet;
     (b) The approximate amount and location of
the hazardous substance;
     (c) The name and telephone number of
personnel qualified to give technical, onsite information about hazardous
substances; and
     (d) Any procedures established by the
employer for the control of hazardous substances in the event of an emergency.
     (2) In addition to the information to be
provided under subsection (1) of this section, the State Fire Marshal may by
rule establish additional requirements for obtaining hazardous substance
information the State Fire Marshal considers necessary. All rules adopted under
this subsection shall be adopted after public hearing in accordance with ORS
chapter 183.
     (3) Any employer receiving a hazardous
substance survey shall complete the hazardous substance survey and return it to
the State Fire Marshal not later than March 1 of each year or within 60 days
after the date the State Fire Marshal mails the hazardous substance survey,
whichever is later.
     (4) The State Fire Marshal shall update
the hazardous substance survey once every 12 months.
     (5) An employer shall update and return
the hazardous substance survey on or before March 1 of each year or within 60
days after the date the State Fire Marshal mails the survey, whichever is
later, or an employer shall update the hazardous substance survey whenever any
substantive information required to be provided changes, whichever situation
occurs most often.
     (6) The Director of the Department of
Consumer and Business Services shall participate in the development and
updating of the hazardous substance survey and shall have access to the data
included in the survey.
     (7) The State Fire Marshal may conduct an
inspection to confirm the validity of a hazardous substance survey required by
this section. The inspection shall be conducted according to the provisions of
ORS 476.150. [1985 c.683 §6; 1985 c.696 §6; 1985 c.726 §4; 1987 c.259 §6; 1991
c.804 §1; 2005 c.825 §13]
     453.320 [Amended by 1969 c.514 §52; renumbered
689.860]
     453.322
Retention of information; distribution of and access to information. (1) The State Fire Marshal shall retain for
at least five years the information provided by the employer under ORS 453.317.
     (2) The State Fire Marshal shall provide
copies of the information to each local public health authority, fire district
and any public or private safety agency administering a 9-1-1 emergency
reporting system pursuant to ORS 401.710 to 401.816 and, upon request, provide
copies of the information to the following agencies located within the
geographic jurisdiction of the fire district:
     (a) Fire districts and other emergency
service personnel responding to a hazardous substance incident;
     (b) Health professionals;
     (c) Law enforcement agencies; and
     (d) Local emergency management agencies as
defined in ORS 401.025.
     (3) The State Fire Marshal may distribute
the information provided by an employer under ORS 453.317 to persons outside
the jurisdiction of the fire district if the State Fire Marshal considers the
information essential to the safe control of an emergency.
     (4) In addition to the requirements of
subsections (2) and (3) of this section, the State Fire Marshal shall provide,
upon request, access to the information provided by employers under ORS 453.317
to any agency of this state. [1985 c.726 §6; 1989 c.793 §27]
     453.325 [1971 c.609 §3; 1975 c.606 §23; renumbered
469.320]
     453.327
Public access; identity of requester. (1) Notwithstanding any other provision of ORS 453.307 to 453.414 and
476.030, the public is permitted access to records retained under ORS 453.322
relating to hazardous substances not otherwise protected as a trade secret or
by a confidentiality agreement described in ORS 453.332 and 453.337. A person
requesting information under this section may be required to complete the form
provided by the State Fire Marshal pursuant to subsection (2) of this section.
     (2) If, in the discretion of the State
Fire Marshal, it is necessary to protect the public safety and welfare, the
State Fire Marshal may require a person requesting information under subsection
(1) of this section to complete a form developed by the State Fire Marshal. The
form shall require the person making the request for information to provide the
name and address and proof of identity of the person making the request. [1985
c.726 §7]
     453.332
When disclosure of identity may be withheld. (1) An employer responding to a request under ORS 453.317 may withhold
the specific hazardous substance identity, including the chemical name and any
other specific identification of a hazardous substance, if:
     (a) Upon a showing satisfactory to the
State Fire Marshal, the records, reports or information, or particular parts
thereof, if made public, would divulge product identities, methods or processes
and are entitled to protection as a trade secret under ORS 192.501; and
     (b) Other information provided by the
employer describes the properties, quantities stored and used and effects of
the hazardous substance.
     (2) Under no circumstances shall this
section be construed to require the disclosure of information about a process
or percentage of mixture that is a trade secret.
     (3) A claim of trade secret by the
employer, if the claim is substantiated by the Department of Consumer and
Business Services or any other agency, may be recognized by the State Fire
Marshal as sufficient for purposes of trade secret protection under ORS 453.307
to 453.414 and 476.030.
     (4) Site specific information regarding
the exact amount and location of a hazardous substance provided to or obtained
by the State Fire Marshal or by an agency identified in ORS 453.322 shall be
treated by the State Fire Marshal or the agency as confidential.
     (5) Any claim of trade secret by an
employer pursuant to this section must be made at the time the employer
provides the information to the State Fire Marshal. [1985 c.726 §8]
     453.335 [1971 c.609 §7a; 1975 c.606 §25; renumbered
469.330]
     453.337
When disclosure of identity of hazardous substance required. (1) If a health professional determines that
a medical emergency exists and the specific identity of a hazardous substance
is necessary for emergency or first-aid treatment, the employer shall
immediately, if known, disclose the specific hazardous substance identity
without first requiring a written statement of need or a confidentiality
agreement. The employer may request a written statement of need and
confidentiality agreement as required under subsection (2) of this section as
soon as circumstances permit.
     (2) In a nonemergency situation, an
employer shall disclose a specific hazardous substance identity, if known,
otherwise permitted to be withheld under ORS 453.332, to a health professional
if the health professional provides a statement of need and enters into a
confidentiality agreement with the employer.
     (3) A statement of need required under
subsection (2) of this section shall:
     (a) Be in writing;
     (b) Describe in sufficient detail the
reason the information is needed;
     (c) Explain in detail why disclosure of
the specific hazardous substance identity is essential and that without
disclosure the health professional would be unable to provide adequate medical
assistance; and
     (d) Include a description of the
procedures to be used to maintain the confidentiality of the disclosed
information.
     (4) The health professional providing
medical assistance and the employer shall enter into a written confidentiality
agreement stating that:
     (a) The health professional will not use
the trade secret information for any purpose other than the health needs
asserted; and
     (b) The health professional agrees not to
release the information under any circumstances except as otherwise authorized
by the terms of the agreement or in writing by the employer.
     (5) The State Fire Marshal shall establish
a uniform form for the confidentiality agreement required under this section. [1985
c.726 §9]
     453.342
When incident of injury to be reported; summary of injuries. Any fire department, emergency service
personnel or law enforcement agency responding to an incident of injury to a
human, wildlife, domestic animal or property resulting from a hazardous
substance emergency shall make a report of the incident, in writing, to the
office of the State Fire Marshal. The State Fire Marshal annually shall
summarize all incidents reported to the State Fire Marshal and the information
received as a result of the survey conducted under ORS 453.317. The State Fire
Marshal shall submit a copy of the summary to:
     (1) The Governor;
     (2) The Legislative Assembly;
     (3) The Department of Environmental
Quality;
     (4) The Department of Consumer and
Business Services;
     (5) The Department of Transportation;
     (6) The Department of Human Services;
     (7) The Environmental
     (8) The Office of Emergency Management;
and
     (9) Every public library as defined in ORS
357.400. [1985 c.726 §10; 1993 c.187 §26; 2007 c.740 §38]
     453.345 [1971 c.609 §8; 1973 c.80 §57; 1975 c.606 §26;
renumbered 469.350]
     453.347
Emergency response planning.
(1) The State Fire Marshal shall assist with emergency response planning by
appropriate agencies of government at the local, state and national levels to
assure that the response to a hazardous substance fixed site or transportation
accident is swift and appropriate to minimize damage to any person, property or
wildlife. This planning shall include assisting in and training for the
preparation of localized plans setting forth agency responsibilities for
on-scene response.
     (2) The State Fire Marshal may apply for
funds as available to train, equip and maintain an appropriate response
capability at the state and local level.
     (3) The State Fire Marshal shall issue
certificates to local agency personnel who have completed the training.
     (4) To the extent practicable, the
emergency preparedness and response program for hazardous substances as
provided in this section shall be consistent with the program for radioactive
material, wastes and substances developed by the State Department of Energy and
Department of Human Services under ORS chapters 453 and 469. [1985 c.726 §11]
     453.352
Exemption from reporting requirements; rules. The State Fire Marshal may exempt by rule certain hazardous substances
from all or part of the reporting requirements of ORS 453.317 and 453.342. Such
an exemption can be made only if the State Fire Marshal finds that the
location, quantity, concentration or type of hazardous substance or substances
is not likely to endanger the public health, welfare or safety or the
environment. [1985 c.726 §12]
     453.355 [1971 c.609 §9; 1975 c.606 §27; renumbered
469.360]
     453.357
Civil penalty. (1) In
addition to any other liability or penalty provided by law the State Fire
Marshal may impose a civil penalty in an amount not to exceed $1,000 per day
against any employer who, by a complete or partial failure to report hazardous
substances, does not comply with the provisions of ORS 453.307 to 453.352 or
any order or rule entered or adopted under ORS 453.307 to 453.414.
     (2) Civil penalties under this section
shall be imposed as provided in ORS 183.745. [1985 c.726 §§13,14; 1987 c.259 §7;
1991 c.734 §29]
     453.362
Department of Consumer and Business Services to supply employersÂ’ names;
reimbursement. In order to
conduct the hazardous substance survey under ORS 453.317, the State Fire
Marshal may obtain employersÂ’ names and addresses from the Department of
Consumer and Business Services. The State Fire Marshal shall pay for the
expenses incurred by the Department of Consumer and Business Services in
providing such information. [1985 c.726 §15]
     453.365 [1971 c.609 §10; 1975 c.552 §38; 1975 c.606 §28;
renumbered 469.370]
     453.367
Rules. In accordance with
applicable provisions of ORS chapter 183, the State Fire Marshal shall adopt
rules necessary to carry out the provisions of ORS 453.307 to 453.414. [1985
c.726 §5]
     453.370
Limitations on local community right to know regulatory programs; local fees. (1) In order to maintain and ensure the
effectiveness of state programs established under ORS 453.307 to 453.414, as
well as to ensure the effectiveness of local efforts, a local government may
establish, enforce or enact a local community right to know regulatory program
provided that the local program complies with the requirements of this section.
     (2) To the extent that a local program is
supported in whole or in part by fees, those fees may be set, imposed or
assessed only by the local government that is implementing the local program.
Such fees are allowed only to the extent not otherwise prohibited or limited by
law. Such fees:
     (a) Shall be adopted by ordinance as a fee
schedule, after notice and public hearing; and
     (b) May not exceed $2,000 for any single
facility in any calendar year.
     (3)(a) All local community right to know
regulatory program enforcement, including but not limited to penalties, may be
imposed only by a local fire official or a board established by the local
government to implement the local community right to know regulatory program.
     (b) Penalties for violations of a
community right to know regulatory program may not exceed $1,000 per day and
shall be assessed according to a schedule adopted by the local government after
notice and public hearing. Except when a local government has reasonable
grounds to find that an employer willfully and knowingly avoided compliance
with the local program, and as long as the employer submits the required
information within 30 days following a written notification of noncompliance,
penalties shall be suspended if the employer has no history of violating the
local program.
     (4) After notice and public hearing, the
local government must determine that:
     (a) Existing reporting to local, state or
federal agencies is inadequate to meet the needs and concerns of the local
government;
     (b) The state or federal government does
not collect data that will provide substantially the same information desired
by the local government;
     (c) The local government has asked the
appropriate state agency to operate the program desired by the local government
and the state agency has not committed to do so within 180 days;
     (d) The Department of Environmental
Quality, the State Fire Marshal and the Department of Human Services have had
an opportunity to comment on the proposed program and the local government has
responded to those comments; and
     (e) The local government has provided an
opportunity for written and oral public comment on the proposed program.
     (5) Any local government that operates a
local community right to know regulatory program shall:
     (a) Provide for an opportunity to report
data electronically;
     (b) Place data reported under the program
on the Internet with instructions for the general public that explain the
organization of the data; and
     (c) Keep records of data usage and otherwise
document interest in the collected data.
     (6) Data and other information presented
under a local community right to know regulatory program:
     (a) Shall clearly distinguish, where
appropriate, public health interpretations from the raw data;
     (b) May, where feasible, indicate
specifically which hazardous substances and toxic substances are being released
into the local air, water and land; and
     (c) Shall include locations where a person
may obtain epidemiological statistics related to health effects of the
hazardous substances and toxic substances, if available.
     (7) For any hazardous substance or toxic
substance that a local government proposes to require an employer to report
under a local community right to know regulatory program established pursuant
to this section, the local government shall seek written and oral public
comment and provide written notice to interested parties prior to adoption as a
reporting requirement. The local government must provide the public with an
opportunity to comment on the appropriateness of reporting on the proposed
hazardous substance or toxic substance, including but not limited to commenting
on health and environmental considerations, economic concerns and feasibility
of compliance. The local government shall consider the comments before adopting
a list or making additions to a list of hazardous substances and toxic
substances to be reported.
     (8) In administering a local community
right to know regulatory program, a local government shall establish procedures
to exempt, when reasonable, an entity from all or part of the local program for
the purpose of protecting trade secrets or where the local government
determines that the operations of the entity pose little or no risk to the
public health or the environment.
     (9) Except as prohibited by federal or
state law, a local program may not differentiate between public and private
employers.
     (10) Nothing in this section shall be
construed to limit the authority of a local government to:
     (a) Distribute information collected under
the state Community Right to Know and Protection Act; or
     (b) Adopt or enforce a local ordinance,
rule or regulation strictly necessary to comply with:
     (A) The Uniform Building Code as adopted
and amended by the Director of the Department of Consumer and Business
Services;
     (B) A uniform fire code; or
     (C) Any requirement of a state or federal
statute, rule or regulation, including but not limited to those controlling
hazardous substances, toxic substances or other environmental contaminants. [1999
c.1089 §3; 2001 c.104 §191; 2005 c.22 §326]
     453.372
Short title. ORS 453.307 to
453.414 may be cited as the Community Right to Know and Protection Act. [1985
c.726 §2]
     453.374
Hazardous material emergency response system; implementation; contents; rules;
fees. The State Fire Marshal
shall establish by rule a plan for the effective implementation of a statewide
hazardous material emergency response system, which, to the extent practicable,
shall be consistent with the emergency response plan adopted under ORS 466.620.
The statewide hazardous material emergency response system shall include, but
need not be limited to:
     (1) Provisions for coordinating the duties
and responsibilities of regional hazardous material response teams, including
related procedures for 24-hour dispatching and emergency communications;
     (2) A schedule of fees for computing the
reimbursement for extraordinary response costs incurred by a regional hazardous
material response team as authorized by ORS 453.374 to 453.390; and
     (3) Provisions for ongoing training
programs for local government and state agency employees involved in response
to spills or releases of oil and hazardous material. The Department of Public
Safety Standards and Training may coordinate its training programs with
emergency response training programs offered by local, state and federal
agencies, community colleges and institutes of higher education and private
industry in order to reach the maximum number of employees, avoid unnecessary
duplication and conserve limited training funds. [1989 c.833 §82; 1993 c.185 §18;
1997 c.853 §39]
     453.375 [1971 c.609 §22; 1975 c.606 §29; renumbered
469.380]
     453.376
Disclosure of information to State Fire Marshal; entry onto premises. (1) In order to determine the need for response
to a spill or release or threatened spill or release under ORS 453.307 to
453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who
prepares, manufactures, processes, packages, stores, transports, handles, uses,
applies, treats or disposes of oil or hazardous material shall, upon the
request of the State Fire Marshal:
     (a) Furnish information relating to the
oil or hazardous material; and
     (b) Permit the State Fire Marshal at all
reasonable times to have access to, and to make copies of, records relating to
the type, quantity, storage locations and hazards of the oil or hazardous
material.
     (2) In order to carry out subsection (1)
of this section, the State Fire Marshal may enter to inspect at reasonable
times any establishment or other place where oil or hazardous material is
present.
     (3) Any person possessing or holding a
quantity of oil or hazardous material meeting or exceeding the reporting
criteria established by the State Fire Marshal shall notify the State Fire
Marshal of the presence, quantity and other information required under statute
or rule, and shall conform to the requirements of ORS 453.307 to 453.414. [1989
c.833 §83; 1999 c.1089 §6; 2001 c.104 §193]
     453.378
Disclosure of information to local government official; entry onto premises. (1) In order to determine the need for
response to a spill or release or threatened spill or release under ORS 453.307
to 453.414, any person who prepares, manufactures, processes, packages, stores,
transports, handles, uses, applies, treats or disposes of oil or hazardous
material shall, upon the request of any authorized local government official,
permit the official at all reasonable times to have access to and copy, records
relating to the type, quantity, storage locations and hazards of the oil or
hazardous material.
     (2) In order to carry out subsection (1)
of this section a local government official may enter to inspect at reasonable
times any establishment or other place where oil or hazardous material is
present.
     (3) As used in this section, “local
government official” includes but is not limited to an officer, employee or
representative of a county, city, fire department, fire district or police
agency. [1989 c.833 §84]
     453.380
Regional hazardous material response team; use. In order to protect life and property
against the dangers of emergencies involving a hazardous substance as defined
in ORS 453.307, the State Fire Marshal may assign and make available for use
and duty in any county, city or district, under the direction and command of a
person designated by the State Fire Marshal, any part of a regional hazardous
material response team and specialized equipment that may be necessary to
respond to the emergency. [1989 c.833 §81]
     453.382
Cost of responding to emergency; responsibility; billing; recovery. (1) Whenever the State Fire Marshal or a
local fire department or district dispatches a regional hazardous material
response team to an emergency involving a hazardous material or hazardous
substance, the State Fire Marshal or local fire department or district may bill
the person responsible for causing the emergency for the cost of responding to
the emergency. The State Fire Marshal or the local fire department or district
also may bill the responsible party for the cost of billing for and collecting
the emergency response costs, including but not limited to the costs of
administration, investigation and legal services. The billing shall be on forms
established by the State Fire Marshal for such purposes.
     (2) If the person fails to pay the cost
set forth in a billing within 30 days after the second billing, the State Fire
Marshal, acting for the State Fire Marshal or on behalf of the local fire
department or district, may either:
     (a) Bring an action for the recovery of
such unpaid cost from the person responsible for causing the hazardous material
or hazardous substance emergency; or
     (b) Initiate a contested case hearing
according to the applicable provisions of ORS chapter 183.
     (3) Notwithstanding any provision of ORS
chapter 183, nothing in subsection (2) of this section shall be considered to
require the State Fire Marshal to conduct a contested case hearing as a
prerequisite to bringing an action under subsection (2)(a) of this section. [1989
c.833 §89; 1991 c.804 §3; 1993 c.707 §10]
     453.384
Immunity of team members from liability. During operations authorized under ORS 453.374 to 453.390, members of
regional hazardous materials response teams shall be protected and defended
from liability under ORS 30.260 to 30.300. [1989 c.833 §85]
     453.385 [1971 c.609 §11; 1975 c.606 §30; renumbered
469.390]
     453.386
Equipment and personnel; loaning; grants. (1) In order to accomplish the purposes of ORS 453.374 to 453.390, the
State Fire Marshal may lend equipment and personnel and make grants for the
purchase of equipment and for personnel costs, as funds are available, to any
local government participating in the statewide hazardous material emergency
response system.
     (2) In allocating state equipment and
personnel grants under ORS 453.374 to 453.390, the State Fire Marshal may
provide up to 90 percent of the financing for the equipment and personnel. A
local government receiving grant moneys shall contribute at least 10 percent to
the costs. Such contribution may be in a form agreed upon by the local
government and the State Fire Marshal and may include, but need not be limited
to, providing emergency response to areas outside the local jurisdiction,
paying of insurance costs of the equipment or providing maintenance for the equipment.
[1989 c.833 §86; 1991 c.356 §1]
     453.388
Contracts for equipment, personnel loans or equipment purchases; provisions;
rules. (1) The State Fire
Marshal and any local government may enter into contracts with each other
concerning eligible equipment or personnel loans or equipment purchases. The
contract may include any provisions agreed upon by the parties thereto, and for
grants shall include the following provisions:
     (a) An estimate of the reasonable
personnel costs or cost of the eligible equipment purchases, as determined by
the State Fire Marshal.
     (b) An agreement by the local government:
     (A) To proceed expeditiously with, and
complete, the equipment purchases in accordance with plans approved by the
State Fire Marshal; and
     (B) To provide for the payment of the
local governmentÂ’s share of the personnel costs or the cost of the equipment
purchases.
     (2) The State Fire Marshal may adopt rules
necessary for making and enforcing contracts under this section and
establishing procedures to be followed in applying for state equipment and
personnel loans or grants authorized by ORS 453.386.
     (3) All contracts entered into pursuant to
this section shall be subject to approval by the Attorney General as to form.
All payments by the state pursuant to such contracts shall be made after audit
and upon warrant on vouchers approved by the State Fire Marshal. [1989 c.833 §87;
1991 c.356 §2]
     453.390
Revolving fund; use. (1)
When requested in writing by the State Fire Marshal, the Oregon Department of
Administrative Services shall draw a warrant on the State Fire Marshal Fund in
favor of the State Fire Marshal for use as a revolving fund. The State
Treasurer shall hold the revolving fund in a special account against which the
State Fire Marshal may draw checks.
     (2) The State Fire Marshal may use the
revolving fund for the purposes specified in ORS 453.386 and 453.388.
     (3) All claims by the State Fire Marshal
for reimbursement of advances paid from the revolving fund are subject to
approval by the Oregon Department of Administrative Services. When such claims
have been approved, a warrant covering them shall be drawn in favor of the
State Fire Marshal, charged against the appropriate funds and accounts and used
to reimburse the revolving fund.
     (4) The State Fire Marshal may disburse
moneys from the revolving fund established under subsections (1) to (3) of this
section to any local government unable to pay the expenses incurred by a
regional hazardous material response team that responds to an emergency within
the jurisdiction of the local government or to defray any extraordinary costs
of a local response team responding to the emergency. [1989 c.833 §§88,90]
     453.395 [1971 c.609 §12; 1975 c.606 §31; renumbered
469.400]
     453.396
Definitions for ORS 453.396 to 453.414. As used in ORS 453.396 to 453.414:
     (1) “Department” means the Department of
Revenue.
     (2) “Facility” means all buildings,
equipment, structures and other stationary items that are located on a single
site or on contiguous or adjacent sites and that are owned or operated by the
same person or by any person who controls, is controlled by or under common
control with such person.
     (3) “Hazardous substance” means any
chemical substance or waste for which a material safety data sheet is required
by the Department of Consumer and Business Services.
     (4) “Material safety data sheet” means
written or printed material concerning a hazardous chemical which is prepared
in accordance with rules of the Department of Consumer and Business Services.
     (5) “Person” includes any entity operating
a facility that is included in one or more of the standard industrial
classification categories identified by the State Fire Marshal or added by the
State Fire Marshal under ORS 453.408 (2). “Entity” includes any individual, trust,
firm, association, corporation, partnership, joint stock company, joint
venture, public or municipal corporation, commission, political subdivision,
the state or any agency or commission thereof, interstate body, and the federal
government and any agency thereof.
     (6) “Possess” or “possession” means the
physical possession of a hazardous substance within this state. [1989 c.833 §121;
1993 c.744 §228]
     453.398
Purpose. It is the intent of
ORS 453.396 to 453.414 to impose a fee on the possession of hazardous
substances at facilities in this state. These provisions are not intended to
relieve any person from any other duty or responsibility imposed by law. [1989
c.833 §122]
     453.400
Possession of hazardous substance; fee. (1) Beginning January 1, 1990, and annually thereafter, any person
possessing a hazardous substance at a facility in this state in aggregate
amounts at or above the threshold quantities designated by rule by the State
Fire Marshal shall pay a fee for each facility in accordance with the fee
schedules established under ORS 453.402.
     (2) If any person fails to pay the fee
imposed under subsection (1) of this section within 60 days, there shall be
added to the fee a penalty of five percent of the amount of the fee. Any
payment made after 60 days shall bear interest at the rate prescribed under ORS
305.220.
     (3) The fee imposed by this section is in
addition to all other state, county or municipal fees on a hazardous substance.
[1989 c.833 §§123,130]
     453.402
Fees; statement; schedules; uses; collection; local hazardous substance fees. (1) The State Fire Marshal shall annually
send a statement to each person subject to the fee imposed under ORS 453.400,
indicating the amount of the fee due. The amount of the fee shall be in
accordance with the fee schedules established under subsection (2) of this
section.
     (2) By rule and after hearing, the State
Fire Marshal shall establish three schedules of fees to be submitted annually
by each employer returning a hazardous substance survey under ORS 453.317,
except as otherwise provided in subsection (4) of this section. In each case
the fee shall be based upon the aggregate amount of the single largest annual
aggregate substance reported that is manufactured, stored or used at the
facility. The fee schedule shall be graduated and shall include but need not be
limited to categories of fees for minimally hazardous substances, generally
hazardous substances and very hazardous substances. In addition, the State Fire
Marshal may establish a registration fee to be paid for certain hazardous
substances and quantities of hazardous substances in lieu of the fee under the
graduated schedule. When the State Fire Marshal assesses a registration fee, no
local fee shall be assessed for those substances. The programs to be funded
from fees collected under ORS 453.396 to 453.414 and the maximum range of the
fees that may be considered are as follows:
     (a) For funding the Community Right to
Know and Protection Act, not less than $25 and not more than $2,000.
     (b) For funding the Toxics Use Reduction
and Hazardous Waste Reduction Act, not less than $25 and not more than $2,000.
     (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. This schedule
shall not require an employer to pay more than $25,000.
     (3) The Department of Revenue shall
collect fees established under this section. The department shall determine the
amounts to be distributed under subsection (2) of this section and shall
transfer the appropriate amounts to the State Fire Marshal, the Department of
Environmental Quality and the Orphan Site Account in accordance with
expenditures approved by the Legislative Assembly for the State Fire Marshal
and the Department of Environmental Quality. The remaining moneys are
continuously appropriated to the State Fire Marshal to pay the expenses of the
State Fire Marshal in administering and enforcing the provisions of ORS 453.396
to 453.414.
     (4) The following are exempt from the fee
imposed under this section:
     (a) Crude oil and petroleum products
derived from the refining of crude oil, including plant condensate, gasoline,
diesel motor fuel, aviation fuel, lubrication oil, crankcase motor oil, kerosene,
benzol, fuel oil, residual fuel, petroleum coke, asphalt base, liquefied or
liquefiable gases such as butane, ethane and propane and other products
described during petroleum processing, but not including derivatives, such as
petroleum jellies, cleaning solvents or asphalt paving.
     (b) Solid waste as defined in ORS 459.005.
     (c) Hazardous waste as defined in ORS
466.005.
     (d) Any substance or activity which the
Constitution or laws of the
     (e) From the fee imposed under the
schedule established under subsection (2)(c) of this section, any person whose
property is exempt from taxation under ORS 307.090.
     (f) Natural gas unless stored in liquefied
form for nonvehicular use in quantities greater than 200 cubic feet.
     (5)(a) Except as provided in paragraph (b)
of this subsection, propane, butane and blended or compounded petroleum
products produced by processes other than the refining of crude oil and for
nonvehicle use are not exempt from the fees imposed by subsection (2) of this
section.
     (b) Propane produced by processes other
than the refining of crude oil and for nonvehicle use is exempt from the fee
imposed by subsection (2)(b) of this section.
     (6) Local government assessments of
hazardous substance fees based on quantity or the hazardous substance survey
shall be used solely to supplement and not to duplicate the State Fire MarshalÂ’s
programs under ORS 453.307 to 453.414 and shall be billed and collected only
through contract with the State Fire Marshal. A local government shall not
charge any fee under its program for a hazardous substance for which an
employer pays a registration fee to the State Fire Marshal under subsection (2)
of this section.
     (7) The State Fire Marshal shall not enter
into a contract with a local government under subsection (6) of this section
unless the local government meets the following requirements:
     (a) The local government certifies that
the revenue from the local hazardous substance fee will be used solely to
supplement and not duplicate the State Fire MarshalÂ’s programs under ORS
453.307 to 453.414;
     (b) The local hazardous substance fee
system is structured to be compatible with the fee schedule adopted under
subsection (2)(a) of this section;
     (c) The local hazardous substance fee
system will not raise moneys in excess of that needed to carry out the local
governmentÂ’s supplemental community right to know programs; and
     (d) The contract under this section shall
include:
     (A) Provisions that ensure that the local
government pays the portion of the costs that may be attributed to its fee
assessment program; and
     (B) Conditions that require the local
government to bear all costs related to collection of its fee, including but
not limited to costs associated with conducting hearings or appeals on the fee.
     (8) In addition to collecting the fees due
to the State Fire Marshal under this section, the Department of Revenue also
may collect the fees authorized for collection under a contract established
under subsection (6) of this section. The Department of Revenue shall determine
the amount to be distributed to each local government according to fee
assessment totals provided by the State Fire Marshal for each local government
for whom the State Fire Marshal has contracted to assess a fee. [1989 c.833 §124;
1991 c.804 §2; 2003 c.95 §1]
     453.404
Extension of payment date.
(1) The State Fire Marshal for good cause may extend, for not to exceed one
month, the time for payment of the fee due under ORS 453.396 to 453.414. 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. 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.
     (2) If the person fails to pay the amount
due, the State Fire Marshal may either:
     (a) Bring an action for the recovery of
the fee due; or
     (b) Initiate a contested case hearing
according to the applicable provisions of ORS chapter 183.
     (3) Notwithstanding any provision of ORS
chapter 183, nothing in subsection (2) of this section shall be considered to
require the State Fire Marshal to conduct a contested case hearing as a
prerequisite to bringing an action under subsection (2)(a) of this section. [1989
c.833 §125]
     453.405 [1971 c.609 §21; 1973 c.687 §2; 1975 c.606 §32;
renumbered 469.420]
     453.406
Records of hazardous substance possessed; examinations. (1) Every person who possesses a hazardous
substance shall keep at its 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. [1989 c.833 §126]
     453.408
Rules. (1) The Department of
Revenue, in consultation with the State Fire Marshal, is authorized to
establish those rules and procedures for the implementation and enforcement of
ORS 453.396 to 453.414 that are consistent with its provisions and are
considered necessary and appropriate.
     (2) The State Fire Marshal by rule may add
persons or substances to or exempt persons or substances from liability for the
fee imposed under ORS 453.396 to 453.414 to conform to the reporting
requirements established by the State Fire Marshal under the Community Right to
Know and Protection Act.
     (3) Before final adoption of initial rules
to carry out the provisions of ORS 453.396 to 453.414 or subsequent amendment
of the initial fee schedules established under ORS 453.398, the State Fire
Marshal shall obtain prior approval of the fees by the Oregon Department of
Administrative Services and shall submit a report to the Emergency Board prior
to adopting the fees. The fees established under ORS 453.396 to 453.414 shall
be within the budget authorized by the Legislative Assembly as that budget may
be modified by the Emergency Board. The fees shall not exceed the cost of the
program. [1989 c.833 §§127,131,134; 1991 c.703 §11]
     453.410
Application of ORS chapters 305 and 314. The provisions of ORS chapters 305 and 314 as to liens, delinquencies,
claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax
Court, stay of collection pending appeal, cancellation, waiver, reduction or
compromise of fees, penalties or interest, subpoenaing and examining witnesses
and books and papers, and the issuance of warrants and the procedures relating
thereto, shall apply to the collection of fees, penalties and interest by the
Department of Revenue under ORS 453.396 to 453.414, except where the context
requires otherwise. [1989 c.833 §128; 1995 c.650 §54]
     453.412
Deposit and distribution of moneys received from fees. All moneys received by the Department of
Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury
and credited to a suspense account established under ORS 293.445. After payment
of administration expenses incurred by the department in the administration of
ORS 453.396 to 453.414 and of refunds or credits arising from erroneous
overpayments, the balance of the money shall be distributed according to the
provisions of ORS 453.402. Moneys collected under ORS 453.396 to 453.414 and
credited to the Orphan Site Account shall not be used for removal or remedial
action costs at solid waste disposal sites for which a fee is collected under
ORS 459.311 or 459.236. [1989 c.833 §129]
     453.414
Exemption for local government; circumstances allowing. Nothing in ORS 453.396 to 453.412 shall
require units of local government to pay a fee imposed under the schedules
established under ORS 453.402 (2)(a) and (b) because of the use of material
which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the
use of such material by the unit of local government is specifically required
by a state or federal law or rule or if the use of such material is reasonably
necessary to enable the unit of local government to meet a standard imposed by
state or federal law or rule, or is the by-product of processes employed to
meet a standard imposed by state or federal rule or law. [1989 c.833 §135]
     453.415 [1971 c.609 §13; 1975 c.606 §33; renumbered
469.430]
     453.425 [1971 c.609 §23; renumbered 469.440]
     453.435 [1971 c.609 §5; 1975 c.606 §34; renumbered
469.450]
     453.445 [1971 c.609 §19; 1975 c.606 §35; renumbered
469.460]
     453.455 [1971 c.609 §6; 1975 c.606 §36; renumbered
469.470]
     453.465 [1971 c.609 §16; repealed by 1975 c.606 §60]
     453.475 [1971 c.609 §17; 1975 c.606 §37; renumbered
469.480]
     453.485 [1971 c.609 §21a; repealed by 1975 c.606 §60]
     453.495 [1971 c.609 §6a; renumbered 469.490]
     453.505 [1971 c.609 §14; 1975 c.606 §38; renumbered
469.500]
     453.510 [1985 c.696 §§4,7; 1987 c.597 §4; 1989 c.6 §13;
1989 c.171 §57; 1993 c.187 §27; 1995 c.162 §84; 1997 c.249 §152; 1997 c.632 §8;
repealed by 2005 c.825 §19]
     453.515 [1971 c.609 §7; 1975 c.606 §39; renumbered
469.510]
     453.517 [1987 c.597 §2; repealed by 2005 c.825 §19]
     453.520
State Fire Marshal as state emergency response commission. (1) The Governor shall designate the office
of the State Fire Marshal as the state emergency response commission as
required by the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. 11001 et seq.).
     (2) The office shall:
     (a) Provide, in a timely manner, advice to
a state agency that is required to consult with the office about programs that
involve hazardous materials or hazardous substances; and
     (b) Undertake all duties of a state
emergency response commission required by the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but not limited
to:
     (A) Designating emergency planning
districts;
     (B) Establishing local emergency planning
committees within emergency planning districts and appointing members to the
local emergency planning committees; and
     (C) Providing comments on local emergency
plans. [1987 c.597 §1; 2005 c.825 §14; 2007 c.71 §139]
     453.525 [1971 c.609 §18; 1975 c.606 §40; renumbered
469.520]
     453.527 [1987 c.597 §3; 1993 c.187 §28; repealed by
2005 c.825 §19]
     453.535 [1971 c.609 §15; 1975 c.606 §41; renumbered
469.530]
     453.545 [1971 c.609 §25; 1975 c.606 §42; renumbered
469.540]
     453.555 [1971 c.609 §26; 1975 c.606 §43; renumbered
469.550]
     453.565 [1971 c.609 §20; 1975 c.606 §44; renumbered
469.560]
     453.575 [1971 c.609 §24; renumbered 469.570]
     453.590 [1973 c.246 §1; 1975 c.606 §45; renumbered
453.765]
     453.595 [1973 c.246 §3; renumbered 453.770]
RADIATION
SOURCES
(Generally)
     453.605
Definitions for ORS 453.605 to 453.800. In ORS 453.605 to 453.800, unless the context requires otherwise:
     (1) “By-product material” means
radioactive material, other than special nuclear material, that is yielded or
made radioactive by exposure to the radiation incident to the process of
producing or utilizing special nuclear material.
     (2) “Department” means the Department of
Human Services.
     (3) “Director” means the Director of Human
Services.
     (4) “Electronic product” means any
manufactured product or device or component part of such a product or device
that has an electronic circuit which during operation can generate or emit a
physical field of radiation, such as, but not limited to microwave ovens, laser
systems or diathermy machines.
     (5) “Federal government” means the
     (6) “General license” means a license,
effective under rules of the department without the filing of an application,
to acquire, own, possess, use or transfer a device or equipment that produces
radiation, or a quantity of, or a device or equipment that utilizes, by-product
material, source material, special nuclear material or other radioactive
material that occurs naturally or is produced artificially.
     (7) “Person” means any of the following
other than the United States Atomic Energy Commission or any successor thereto:
     (a) Individual, group, association, firm,
partnership, corporation, trust, estate, agency or public or private
institution;
     (b) Political subdivision or agency of
this state;
     (c) State other than this state or any
political subdivision or agency of a state other than this state; or
     (d) The legal successor, representative,
agent or agency of a person listed in paragraphs (a) to (c) of this subsection.
     (8) “Radiation” means:
     (a) Ionizing radiation including gamma
rays, X-rays, alpha and beta particles, protons, neutrons and other atomic or
nuclear particles or rays.
     (b) Any electromagnetic radiation that can
be generated during the operations of electronic products and that the
department has determined to present a biological hazard to the occupational or
public health and safety but does not mean electromagnetic radiation that can
be generated during the operation of an electronic product that is licensed by
the Federal Communications Commission.
     (c) Any sonic, ultrasonic or infrasonic
waves that are emitted from an electronic product as a result of the operation
of an electronic circuit in such product and that the department has determined
to present a biological hazard to the occupational or public health and safety.
     (9) “Source material” means:
     (a) Uranium, thorium or any other material
that the department declares to be essential to the production of special
nuclear material by an order made after the United States Atomic Energy
Commission or any successor thereto has determined the material to be source
material; or
     (b)
     (10) “Special nuclear material” means any
of the following that is not source material:
     (a) Plutonium, uranium 233, uranium
enriched in the isotope 233 or in the isotope 235, or any other material that
the department declares to be capable of releasing substantial quantities of
atomic energy by an order made after the United States Atomic Energy Commission
or any successor thereto has determined the material to be special nuclear material.
     (b) Material artificially enriched by any
material mentioned in paragraph (a) of this subsection.
     (11) “Specific license” means a license,
issued after application, to receive, acquire, own, possess, use, manufacture,
produce or transfer a device or equipment that produces radiation, or a
quantity of, or a device or equipment that utilizes, by-product material,
source material or special nuclear material or other radioactive material that
occurs naturally or is produced artificially.
     (12) “X-ray machine” means a device or
equipment that produces radiation when in operation but does not utilize
by-product material, source material, special nuclear material or other
radioactive material that occurs naturally or is produced artificially.
     (13) “X-ray machine registration” means an
authorization granted by the department allowing the operation of an X-ray
machine. [1961 c.664 §3; 1973 c.90 §1; 1995 c.444 §12; 2001 c.900 §258]
     453.610 [1957 c.399 §2; repealed by 1961 c.664 §16]
     453.615
Statement of policy. It is
the policy of the State of
     (1) To institute and maintain a regulatory
program for radiation sources so as to provide for:
     (a) Compatibility with the standards and
regulatory programs of the federal government;
     (b) An integrated effective system of
regulation within the state; and
     (c) A system consonant insofar as possible
with those of other states; and
     (2) To institute and maintain a program to
permit development and utilization of radiation sources for peaceful purposes
consistent with the health and safety of the public. [1961 c.664 §1]
     453.620 [1957 c.399 §1; repealed by 1961 c.664 §16]
     453.625
Purpose of ORS 453.605 to 453.800. It is the purpose of ORS 453.605 to 453.800 to effectuate the policies
set forth in ORS 453.615 by providing for:
     (1) A program of effective regulation of
radiation sources for the protection of the occupational and public health and
safety;
     (2) A program to promote an orderly
regulatory pattern within the state, among the states and between the federal
government and this state and to facilitate intergovernmental cooperation with
respect to use and regulation of radiation sources to the end that duplication
of regulation may be minimized;
     (3) A program to establish procedures for
assumption and performance of certain regulatory responsibilities with respect
to by-product materials, source materials and special nuclear materials; and
     (4) A program to permit maximum
utilization of radiation sources consistent with the health and safety of the
public. [1961 c.664 §2]
     453.630 [1957 c.399 §§3,4; repealed by 1961 c.664 §16]
     453.635
State Radiation Control Agency; duties; applicability of ORS 453.605 to
453.800. (1) The Department
of Human Services is the State Radiation Control Agency, but ORS 453.605 to
453.800 do not apply to a radiation source while it is being transported on a
railroad car or in a motor vehicle subject to and in conformity with rules
adopted by the Department of Transportation nor do they apply to any matter
other than transportation of radiation sources within the authority of the
Energy Facility Siting Council under ORS chapter 469. To protect occupational
and public health and safety against radiation hazards the Department of Human
Services shall:
     (a) Develop programs to evaluate hazards
associated with the use of radiation sources; and
     (b) With due regard for compatibility with
the regulatory programs of the federal government, promulgate standards and make
reasonable regulations relating to registration, licensing, use, handling,
transport, storage, disposal, other than disposal regulated by ORS 469.300 to
469.563, 469.590 to 469.619 and 469.930, and control of radiation sources,
including but not limited to by-product materials, source materials and special
nuclear materials.
     (2) To protect occupational and public
health and safety against radiation hazards the department or its authorized
representative may:
     (a) Advise, consult and cooperate with
other agencies of this state, the federal government, other states, interstate
agencies, political subdivisions of this state or other states and with groups
concerned with control of radiation sources;
     (b) Encourage, participate in or conduct
studies, investigations, training, research or demonstrations relating to
control of radiation sources;
     (c) Accept and administer loans, grants or
other funds or gifts, conditional or otherwise, from the federal government or
from any other source, public or private;
     (d) Collect and disseminate information
relating to control of radiation sources; and
     (e) Subject to any applicable provision of
the State Personnel Relations Law, appoint officers and employees and prescribe
their duties and fix their compensation. [1961 c.664 §4; 1971 c.699 §17; 1977
c.796 §6; 1995 c.733 §44]
     453.640 [1957 c.399 §5; repealed by 1961 c.664 §16]
     453.645
Radiation Advisory Committee; composition; compensation and expenses. The Director of Human Services shall appoint
a Radiation Advisory Committee to advise the Department of Human Services on
matters relating to radiological health and radiation protection. The committee
shall consist of eight persons who because of their training and experience are
qualified to advise the department on such matters and they shall serve at the
pleasure of the director. The members of the Radiation Advisory Committee are
entitled to compensation and expenses as provided in ORS 292.495. [1961 c.664 §4a;
1969 c.314 §47; 1973 c.90 §2]
     453.650 [1957 c.399 §6; repealed by 1961 c.664 §16]
     453.655
License or registration required for radiation source. When under ORS 453.605 to 453.800 a license
or registration or both, as the case may be, is required for that purpose, no
person shall receive, acquire, own, possess, use, manufacture, produce or
transfer any radiation source without the license or registration or both, as
the case may be. [1961 c.664 §6]
     453.665
Licenses; application; modifications; exemptions; rules. (1) Subject to subsection (2) of this section,
the Department of Human Services shall provide for the issuance, allowance,
modification, amendment, revision, suspension and revocation of general and
specific licenses that relate to by-product materials, source materials or
special nuclear materials and to devices or equipment that utilize any of those
materials. The department may not require a specific license for the use of an
X-ray machine within the limits of the license by a licensed dentist,
chiropodist or veterinarian or by a person licensed to practice medicine,
surgery, osteopathy, chiropractic, naturopathic medicine or any other system or
method of healing. Otherwise the department may require registration or a
general or specific license or both registration and a general or specific license
with respect to any radiation source.
     (2)(a) Each application for a specific
license shall be in writing and shall state such information as the department
by rule determines both to be necessary to decide the applicantÂ’s technical,
insurance, financial or other qualifications and to be reasonable and necessary
to protect occupational and public health and safety. At any time after the
filing of the application for and before the expiration of a specific license
the department may require further written statements, and may cause
inspections to be made as the department considers necessary, to determine
whether the license should be granted, denied, modified, amended, revised,
suspended or revoked. An application for a specific license or any statement relating
to that application or to any license must be signed by the applicant or
licensee.
     (b) Each license shall be in such form and
contain terms and conditions the department considers necessary to protect the
occupational and public health and safety.
     (c) A general or specific license or right
to possess or use a radiation source under a general or specific license may
not be assigned in any manner without the approval of the department.
     (d) The terms and conditions of any
general or specific license may be modified, amended or revised by rule or
order.
     (e) Subject to any requirement for
registration, the department may by rule recognize a license from any other
state or from the federal government as compliance with a license requirement
of this section or of ORS 453.635.
     (f) When the department finds that a
radiation source, a use of a radiation source, a user of a radiation source or
a class of such sources, uses or users will not constitute a significant risk
to the health and safety of the public, the department may exempt the source,
use, user or class, as the case may be, from any requirement for registration
or a license. [1961 c.664 §5; 2005 c.21 §1]
     453.670 [1969 c.304 §2; 1973 c.182 §10; 1979 c.696 §9;
1989 c.436 §1; 1993 c.728 §1; 1995 c.444 §13; renumbered 453.757 in 1995]
     453.675
State assumption of federal responsibility for radiation sources; effect of
federal licenses. (1) When
in the opinion of the Governor, such agreements will promote public health and
safety and assist in the peaceful uses of radiation sources, the Governor on
behalf of this state shall enter into agreements with the federal government
providing for discontinuance of certain of the federal governmentÂ’s
responsibilities with respect to radiation sources and the assumption thereof
by this state.
     (2) When a person immediately before the
effective date of an agreement under subsection (1) of this section has a
license from the federal government to do anything which relates to by-product
material, source material or special nuclear material and which on the
effective date of the agreement is subject to the control of this state, the
person shall be considered to have a like license under ORS 453.605 to 453.800
until the expiration date specified in the license from the federal government
or until the end of the 90th day after the person receives notice from the
Department of Human Services that the license will be considered expired,
whichever is earlier. [1961 c.664 §7]
     453.685
Entry on property for inspection purposes; issuance of warrant; liability for
entry. (1) The Director of
Human Services may enter at any reasonable time upon any private or public
property, with the permission of the owner or custodian, to determine whether
there is compliance with ORS 453.605 to 453.800 and rules lawfully issued
pursuant thereto. When such permission is not obtained or given, if the
director has grounds to believe that a violation of ORS 453.605 to 453.800 or
rules lawfully issued pursuant thereto exists, the director may apply to the
proper judicial officer for a warrant to enter upon the property for purposes
of inspection, search or seizure consonant with the scope of ORS 453.605 to
453.800; except that in a case where the director has grounds to believe that a
violation of ORS 453.605 to 453.800 or rules pursuant thereto exists which
presents a clear and present danger to the health, safety or security of the
state or its citizens, the director may make such entry of property as is
reasonable to abate the danger involved and for that purpose.
     (2) Upon application to the proper
judicial officer for a warrant to enter property under this section, the
judicial officer shall forthwith summarily determine whether or not grounds to
issue such warrant exists, and if the judicial officer finds such exists, the
judicial officer shall immediately issue a warrant authorizing entry by the
director upon the described property for the purposes of ORS 453.605 to
453.800. The director shall not be liable for injury or damage resulting from the
action taken or authorized in good faith and without malice under the apparent
authority of this section, even though such action is later judicially
determined to be unlawful. [1961 c.664 §8; 1973 c.90 §3]
     453.695
Records concerning radiation source; notice of exposure to radiation source. (1) When the Department of Human Services by
regulation so requires, any person who possesses or uses a radiation source
shall cause to be made, in the manner prescribed by the department, records
relating to the receipt, storage, transfer and disposition of the source and to
such other matters as the department prescribes.
     (2) Any person who possesses or uses a
radiation source shall cause to be made, in the manner prescribed by the
department, records showing the radiation exposure of any individual who is
affected by such possession or use and for whom the department by regulation
requires personnel monitoring.
     (3)(a) Each person who possesses or uses a
radiation source and who has reason to believe that any individual has received
from that source radiation exposure in excess of the maximum permissible
exposure established for an individual by regulations of the department shall
give that individual notice of the possible exposure with a copy of any record
of the exposure.
     (b) Any person who possesses or uses a
radiation source and who, in connection with that possession or use, employs an
individual for whom the department by regulation requires personnel monitoring,
in addition to any requirement of paragraph (a) of this subsection shall, if
the individual so requests or if regulations of the department so require, give
the individual a copy of the individualÂ’s personnel monitoring exposure record
annually and at the end of the employment.
     (4) Upon the request of the department or
its authorized representative, the custodian of any record required by this
section shall give a copy of that record to the department or its authorized
representative. [1961 c.664 §10]
     453.705
Impounding radiation source upon violation. When a radiation source is in the possession, custody or control of
any person who is not equipped to observe or who fails to observe any
applicable provision of or regulation pursuant to ORS 453.605 to 453.800, upon
the issuance of an emergency order under ORS 453.807 the Department of Human
Services or its authorized representative may cause that source to be
impounded. [1961 c.664 §11; 1975 c.241 §1]
     453.715
Injunction against violation.
When the Department of Human Services in writing notifies the Attorney General
that, in the judgment of the department, a person has engaged or is about to
engage in any act or practice that constitutes or will constitute a violation
of any provision of or regulation pursuant to ORS 453.605 to 453.800, if the
department so requests, the Attorney General shall apply to the circuit court
for the county of that personÂ’s residence for an order enjoining such act or
practice, or for an order directing compliance; and upon a showing by the
department that that person has engaged or is about to engage in any such act
or practice, the court may grant a permanent or temporary injunction or
restraining order or other order. [1961 c.664 §12]
     453.725 [1961 c.664 §13; repealed by 1971 c.734 §21]
     453.735
ORS 453.605 to 453.800 and rules supersede contrary laws or regulations. Each provision of ORS 453.605 to 453.800 or
rules pursuant thereto supersedes any inconsistent provision of any ordinance,
resolution, regulation, rule or order of any county, city, other political
subdivision or public corporation of this state. [1961 c.664 §14; 1973 c.90 §4]
     453.745
Intergovernmental cooperation to control radiation sources. (1) Subject to the approval of the Governor,
to protect the public health and safety and to assist in the peaceful uses of
radiation sources the Department of Human Services may cooperate with the
federal government, other states or interstate agencies to perform functions,
including inspection, that relate to control of radiation sources.
     (2) The department may institute programs
to qualify personnel to carry out the provisions of ORS 453.605 to 453.800 and
may make those personnel available for participation with the federal
government, other states or interstate agencies in any program in furtherance
of the purposes of ORS 453.605 to 453.800. [1961 c.664 §9]
     453.750 [1975 c.241 §3; 1987 c.158 §85; renumbered
453.805 in 1995]
(X-ray
Machines)
     453.752
X-ray machine registration; inspection and testing requirements; evidence of
registration. (1) An X-ray
machine may not be operated unless the X-ray machine has a valid X-ray machine
registration.
     (2) Prior to issuance of an X-ray machine
registration to a hospital, the X-ray machine shall be approved by an X-ray
machine inspector employed by the Department of Human Services or inspected by
an accredited radiology inspector. The inspector shall also review procedures
used during X-ray machine operation and the adequacy of the physical
surroundings and equipment used in conjunction with operation of the X-ray
machine.
     (3) Prior to issuance of an X-ray machine
registration to a facility other than a hospital, the X-ray machine shall be
approved by an X-ray machine inspector employed by the department.
     (4) An accredited radiology inspector
conducting a registration inspection on a hospital X-ray machine shall conduct
information gathering tests in the manner required by the department. The
inspector shall make calculations in the manner prescribed by the department
and shall enter the results and such other information as the department may
require on a form provided by the department.
     (5) The department shall evaluate the test
results submitted by an accredited radiology inspector and shall grant a
hospital X-ray machine registration provided that all standards adopted by rule
of the department are met, a properly completed registration application has
been submitted by the X-ray machine owner and all required fees have been paid.
     (6) When an X-ray machine is registered by
the department, the department shall issue the X-ray machine owner a document,
sticker, plate or other device selected by the department to evidence
registration of the X-ray machine. [1995 c.444 §2; 2005 c.22 §327]
     453.754
Application for X-ray machine registration; renewal notice. (1) Each application for an X-ray machine
registration shall be in writing and shall state such information as the
Department of Human Services by regulation determines to be necessary. The
application shall be accompanied by the registration fee due under ORS 453.757.
     (2) Not less than 90 nor more than 120
days prior to the expiration of an X-ray machine registration, the department
shall mail notice to the X-ray machine owner of the pending expiration of the
registration. The notice shall inform the owner of the requirements for
renewing the registration. [1995 c.444 §4]
     453.755 [1971 c.734 §66; 1975 c.241 §2; renumbered
453.807 in 1995]
     453.757
X-ray machine biennial registration fee; annual license fees; use of fees;
rules. (1) The Department of
Human Services shall charge a biennial registration fee for a registration
granted pursuant to ORS 453.752 in the following amounts for:
     (a) Hospital, radiological, chiropractic,
osteopathic or medical X-ray machine, $228.
     (b) Hospital X-ray machine when X-ray
machine inspection is performed by an accredited radiology inspector, $116.
     (c) Industrial or podiatry X-ray machine,
$152.
     (d) Dental, academic or veterinary X-ray
machine, $112.
     (e) Microwave oven repair facility, $112.
     (2) The Department of Human Services shall
charge an annual license fee for a specific license granted pursuant to ORS
453.665 that may not exceed $3,000 as determined by rule of the Department of
Human Services and approved by the Oregon Department of Administrative
Services.
     (3) The fees prescribed by the Department
of Human Services pursuant to subsections (1)(e) and (2) of this section are
due and payable as prescribed by rule of the department.
     (4) The department shall impose a $264 fee
for accreditation as a radiology inspector and a biennial renewal fee of $264.
     (5) All moneys received by the department
under subsections (1)(e) and (2) of this section shall be paid into the State
Treasury, deposited in the General Fund to the credit of the Public Health
Account, and used exclusively by the department for the purposes of ORS 453.605
to 453.800. [Formerly 453.670; 2007 c.856 §2]
     Note: 453.757 was added to and made a part of
453.605 to 453.800 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     453.761
X-ray machine registration period; denial, conditioning, suspension or
revocation of registration; termination. (1) An X-ray machine registration for a hospital radiological provider
shall be valid for two years, expiring in the second year on the last day of
the month of issuance.
     (2) An X-ray machine registration for a
chiropractic, osteopathic or medical doctor office or clinic shall be valid for
two years, expiring in the second year on the last day of the month of
issuance.
     (3) An X-ray machine registration for a
podiatry, dental or veterinary office or clinic or an academic or industrial
facility shall be valid for two years, expiring in the second year on the last
day of the month of issuance.
     (4) Notwithstanding subsection (1), (2) or
(3) of this section, the Department of Human Services shall, at the request of
the X-ray machine owner, adjust the registration expiration date of any X-ray
machine to coincide with the registration expiration date of other X-ray
machines registered to the machine owner. The department shall prorate the
registration fee accordingly.
     (5) If an X-ray machine or the physical
surroundings or equipment associated with the operation of the X-ray machine
does not comply with one or more standards adopted by rule of the department,
the department may deny the registration or may grant a provisional
registration permitting temporary operation pending compliance with department
standards.
     (6) The department may require that X-ray
machines having a valid registration be repaired, calibrated or modified or the
physical surroundings or equipment used in conjunction with the operation of
the registered X-ray machine be changed to comply with new standards adopted by
rule of the department provided that compliance prior to expiration of the
registration is determined by the department to be necessary to protect
occupational and public health and safety.
     (7) The department may deny, condition,
suspend or revoke an X-ray machine registration if the department reasonably
believes that the X-ray machine or the physical surroundings or equipment used
in conjunction with the operation of the X-ray machine presents a danger to the
health or safety of the operator or the public.
     (8) An X-ray machine registration shall
terminate if the X-ray machine is relocated for use in a physical surrounding
other than the physical surrounding the X-ray machine occupied when inspected. [1995
c.444 §3; 2007 c.856 §3]
     453.765 [Formerly 453.590; 1979 c.726 §1; renumbered
469.533]
     453.766
Prohibited conduct. A person
shall not knowingly:
     (1) Misrepresent a device evidencing X-ray
machine registration as evidencing the registration of a different X-ray
machine.
     (2) Alter, obscure, deface or remove a
device evidencing registration of an X-ray machine registration.
     (3) Operate an X-ray machine not having a
valid X-ray machine registration. [1995 c.444 §5]
     453.770 [Formerly 453.595; 1979 c.726 §2; renumbered
469.536]
     453.771
Imposition of civil penalty for X-ray machine registration violations. Upon a complaint by any person, the
Department of Human Services may investigate any alleged act prohibited by ORS
453.766. If, after investigation by a department-employed X-ray machine
inspector, the department has reason to believe a prohibited act has been
committed, the department may impose a civil penalty. Any person subject to a
civil penalty under this section may request a hearing before the department.
The hearing shall be conducted in accordance with ORS 183.413 to 183.470. [1995
c.444 §6]
     453.775
Duties of Department of Human Services pertaining to X-ray machines. The Department of Human Services shall:
     (1) Develop programs to evaluate hazards
associated with the use of X-ray machines.
     (2) Promulgate standards and make
reasonable regulations relating to the registration of X-ray machines, X-ray
machine operation, physical surroundings and equipment related to the operation
of X-ray machines, operator training and approved X-ray machine operating
practices.
     (3) Collect and disseminate information
relating to proper X-ray machine operation.
     (4) Provide technical assistance and
safety information to X-ray machine users. [1995 c.444 §7]
(Radiology
Inspectors)
     453.780
Radiology inspectors; license; minimum qualifications. (1) All applicants for accreditation as
radiology inspectors shall possess at a minimum one of the following
combinations of education and experience:
     (a) One year of experience and one of the
following:
     (A) Certification by the American Board of
Radiology or the American Board of Health Physics;
     (B) A doctoral degree in a physical or
biological science; or
     (C) A Doctor of Medicine degree or a
degree recognized by the Department of Human Services as an equally qualified
health professional degree.
     (b) Two years of experience and a master’s
degree in a physical or biological science.
     (c) Four years of experience and a
bachelorÂ’s degree in a physical or biological science.
     (d) Six years of experience and an
associateÂ’s degree in a physical or biological science.
     (2) Experience required of an applicant
includes, but is not limited to, measuring ionizing radiation, evaluating
radiation safety and documenting radiation protection needs.
     (3) In addition to meeting the education
and experience requirements of this section, applicants shall be tested on
knowledge of department rules governing the X-ray machine inspection program,
including but not limited to safety requirements and inspection procedures.
Applicants shall also complete such additional written or practical testing as
the department may require.
     (4) A license shall not be issued to an
applicant unless the applicant has paid all required fees. [1995 c.444 §8]
     453.785
Accreditation; renewal. (1)
Accreditation as a radiology inspector shall be valid for two years and shall
expire in the second year on the last day of the month of issuance unless
renewed.
     (2) Accreditation may be renewed if the
radiology inspector has complied with the continuing education requirements
adopted by rule of the Department of Human Services and has paid the renewal
fee. [1995 c.444 §9]
     453.790
Authority of Department of Human Services to condition, suspend, revoke or
refuse to renew radiology inspector accreditation. The Department of Human Services may
condition, suspend, revoke or refuse to renew accreditation of a radiology
inspector for the following reasons:
     (1) Knowingly falsifying information
included on the inspection report form supplied by the department.
     (2) Substantially failing to comply with
department procedures.
     (3) Failing to meet department accuracy
requirements.
     (4) Such other grounds as the department
may establish by rule. [1995 c.444 §10]
     453.795
Duties of Department of Human Services pertaining to accreditation of radiology
inspectors; rules. The
Department of Human Services shall:
     (1) Develop testing, training and
continuing education standards for accredited radiology inspectors.
     (2) Adopt rules for the proper inspection
of X-ray machines for registration purposes and for regulating the professional
activities of accredited radiology inspectors.
     (3) Develop and implement audit programs
using department-employed X-ray machine inspectors to monitor accredited
radiology inspector results and to monitor changes in the performance of
registered X-ray machines during the registration period. No charge shall be
made to an X-ray machine owner for an audit.
     (4) Investigate and resolve complaints
against accredited radiology inspectors and their employers. [1995 c.444 §11]
     453.800
X-ray Machine Inspection Account; sources; use of moneys in account. (1) There is created in the General Fund of
the State Treasury an X-ray Machine Inspection Account. Moneys credited to the
account are continuously appropriated to the Department of Human Services for
the carrying out of ORS 453.752 to 453.795.
     (2) All registration fees paid pursuant to
ORS 453.757 (1) by owners of X-ray machines, all application or renewal fees
paid by applicants for accreditation as radiology inspectors under ORS 453.757
(4) and all civil penalties collected under ORS 453.771 are credited to the
X-ray Machine Inspection Account. [1995 c.444 §14]
     453.805
Elimination of radiation source danger; compelling compliance. (1) Whenever it appears to the Director of
Human Services that a radiation source is presenting an imminent and
substantial endangerment to the health or safety of persons, the director may,
without the necessity of prior administrative procedures or hearing, enter an
order requiring the person or persons responsible for the radiation source to
immediately take such action as is necessary to eliminate the endangerment. The
director shall, if requested, provide a prompt hearing after such order, in
accordance with ORS chapter 183, after which the order shall be continued,
modified or revoked.
     (2) If any person fails to comply with an
order issued pursuant to subsection (1) of this section, the circuit court for
the county in which the radiation source is located shall compel compliance
with the order in the same manner as with an order of that court. [Formerly
453.750]
     453.807
When hearing required; procedure; rules. (1) Where the Department of Human Services proposes to refuse to issue
or renew a license, to modify, amend, revise, revoke or suspend a license or to
determine compliance with or grant exemption from a regulation of the
department, opportunity for hearing shall be accorded as provided in ORS
chapter 183.
     (2) Promulgation of rules, conduct of
hearings, issuance of orders and judicial review of rules and orders shall be
in accordance with ORS chapter 183. [Formerly 453.755]
     453.810 [1969 c.444 §1; repealed by 1979 c.290 §7]
     453.820 [1969 c.444 §2; repealed by 1979 c.290 §7]
TRANSPORTATION
OF HAZARDOUS SUBSTANCES AND RADIOACTIVE MATERIALS
     453.825
Department of Transportation plan for regulating transport of hazardous substances
and radioactive waste. (1)
The Department of Transportation shall coordinate development of a single plan
and procedure for the regulation of the transportation of hazardous material
and waste and radioactive material and waste in
     (2) In developing the plan under
subsection (1) of this section, the Department of Transportation shall
cooperate with the office of the State Fire Marshal.
     (3) As used in this section, “hazardous
waste” has the meaning given that term in ORS 466.005. [1985 c.696 §1; 2005
c.825 §15]
     453.830 [1969 c.444 §3; 1979 c.750 §1; repealed by
1979 c.290 §7]
     453.835
Report to legislative committee. The Department of Transportation shall submit regular reports on
progress made toward completion of the plans to a committee designated by the
Speaker of the House and the President of the Senate. If no such committee is
designated, the reports shall be submitted to the Emergency Board. [1985 c.696 §3]
     453.840 [1969 c.444 §4; repealed by 1979 c.290 §7]
     453.850 [1969 c.444 §5; repealed by 1979 c.290 §7]
CLEANUP OF
TOXIC CONTAMINATION FROM ILLEGAL DRUG MANUFACTURING
     453.855
Purpose. It is the purpose
of ORS 105.555, 431.175 and 453.855 to 453.912 to provide a just, equitable and
practicable method, to be cumulative with and in addition to any other remedy
provided by law, whereby property which endangers the life, safety or welfare
of the general public or occupants of property because of toxic chemical
contamination that may result from illegal drug manufacturing may be required
to be decontaminated, vacated and secured against use, or demolished. [1989
c.915 §1]
     453.858
Definitions for ORS 453.855 to 453.912. As used in ORS 453.855 to 453.912:
     (1) “Controlled substance” does not
include marijuana.
     (2) “Illegal drug manufacturing site”
means any property on which there is a reasonably clear possibility of
contamination with chemicals associated with the manufacturing of controlled
substances and:
     (a) Where activity involving the
unauthorized manufacture of a controlled substance listed on Schedules I and II
or any precursor chemical for such substances occurs; or
     (b) Wherein are kept, stored or located
any of the devices, equipment, things or substances used for the unauthorized
manufacture of a controlled substance listed on Schedules I and II.
     (3) “Property” means any:
     (a) Real property, improvements on real
property or portions of the improvements;
     (b) Boat, trailer, motor vehicle or manufactured
dwelling; or
     (c) Contents of the items listed in
paragraph (a) or (b) of this subsection. [1989 c.915 §2; 1999 c.861 §1]
     453.861
Applicability. The
provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any property
that is known to have been used as an illegal drug manufacturing site or for
which there are reasonable grounds to believe that the property has been used
as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and
453.855 to 453.912 applies to property to the extent that the devices,
equipment, things or substances that are used for delivery, manufacture or
possession of a controlled substance are kept, stored or located in or on the
property for the purpose of lawful sale or use of these items. [1989 c.915 §3;
1999 c.861 §4]
     453.864
Rules. The Director of Human
Services shall adopt rules to carry out ORS 105.555, 431.175 and 453.855 to
453.912. The rules shall be developed in consultation with:
     (1) The State Fire Marshal or designee;
     (2) The director of the Poison Control and
Drug Information Program of the Oregon Health and
     (3) The Director of the Department of
Environmental Quality, or a designee thereof;
     (4) The Director of the Department of
Consumer and Business Services, or a designee thereof;
     (5) The Director of Transportation, or a
designee thereof; and
     (6) Any other governmental agency
determined appropriate by the Department of Human Services whose advice and
information is necessary for the formulation of the rules authorized by this
section. [1989 c.915 §6]
     453.867
Restriction on transfer of property used as illegal drug manufacturing site;
contracts voidable. (1)
Unless determined fit for use, pursuant to ORS 105.555, 431.175 and 453.855 to
453.912 and rules of the Department of Human Services, or as authorized by ORS
453.870, no person shall transfer, sell, use or rent any property knowing or
having reasonable grounds to believe it was used as an illegal drug
manufacturing site.
     (2) All contracts, oral or written, for
the transfer, sale, use or rent of property in violation of subsection (1) of
this section are voidable between the parties, at the instance of the
purchaser, transferee, user or renter. This subsection shall not make voidable
any promissory note or other evidence of indebtedness or any mortgage, trust
deed or other security interest securing such a promissory note or evidence of
indebtedness, where such note or evidence and any such mortgage, trust deed or
other security interest were given to a person other than the person
transferring, selling, using or renting the property to induce such person to
finance the transfer, sale, use or rental of the property. This section shall
not impair obligations or duties required to be performed upon termination of a
contract, as required by the provisions of the contract, including but not
limited to payment of damages or return of refundable deposits. [1989 c.915 §4]
     453.870
Transfer allowed after full disclosure. (1) Any property that is not fit for use as determined under ORS
453.876 may be transferred or sold if full, written disclosure, as required by
rules of the Department of Human Services, is made to the prospective
purchaser, attached to the earnest money receipt, if any, and shall accompany
but not be a part of the sale document nor be recorded. However, such property
shall continue to be subject to the provisions of ORS 453.876, regardless of
transfer or sale under this section.
     (2) Any transferee or purchaser who does
not receive the notice described in subsection (1) of this section may set
aside the transfer or sale as voidable and bring suit to recover damages for
any losses incurred because of the failure to give such notice.
     (3) The transferor or seller of any
property described in subsection (1) of this section shall notify the
department of the transfer or sale as required by rule of the department. [1989
c.915 §5]
     453.873
Entry onto property; purposes; inspection. For the purposes of enforcement of ORS 105.555, 431.175 and 453.855 to
453.912, the Director of Human Services or a designee thereof or the State Fire
Marshal or a designee thereof, upon presenting appropriate credentials and a
warrant, if necessary, issued under ORS 431.175 to the owner or agent of the
owner, may:
     (1) Enter, at reasonable times, any
property that is known to have been used as an illegal drug manufacturing site
or for which there are reasonable grounds to believe that the property has been
used as an illegal drug manufacturing site.
     (2) Inspect, at reasonable times, within
reasonable limits and in a reasonable manner, property known to have been used
as an illegal drug manufacturing site or for which there are reasonable grounds
to believe the property has been used as an illegal drug manufacturing site. [1989
c.915 §7; 1999 c.861 §5]
     453.876
Determination that property is not fit for use; appeal; notice to local
residents. (1) The Director
of Human Services or a designee thereof, the State Fire Marshal or a designee
thereof or any law enforcement agency may determine that property is not fit
for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable
rules adopted by the Department of Human Services and may make that
determination on site. The determination is effective immediately and renders
the property not fit for use.
     (2) The owner may appeal the
determination, to the agency that made the determination, within 30 working
days after the determination, pursuant to rules of the agency, or to circuit
court.
     (3) The appeal to the agency is not a
contested case under ORS chapter 183. The question on appeal is limited to
whether the site is an illegal drug manufacturing site.
     (4) If a determination that property is
not fit for use is made under subsection (1) of this section, a local
government or the state may provide notice that the real property has been
determined to be an illegal drug manufacturing site and not fit for use to:
     (a) A person in each residence located
within 300 feet of the real property if the real property is located within an
urban growth boundary; or
     (b) A person in each residence located
within one quarter mile of the real property if the real property is not
located within an urban growth boundary.
     (5) The notice described in subsection (4)
of this section shall be in writing and shall include:
     (a) The address of the real property that
is determined to be not fit for use;
     (b) A statement that the determination is
subject to appeal and that the real property may be determined to be fit for
use if the appeal is successful or if the real property is certified as
decontaminated;
     (c) The telephone number of the office of
the Department of Human Services that is responsible for overseeing the
decontamination of illegal drug manufacturing sites; and
     (d) The website for the Department of
Human Services office responsible for overseeing the decontamination of illegal
drug manufacturing sites that contains information on the dangers associated
with real property that has been used as an illegal drug manufacturing site. [1989
c.915 §9; 1999 c.861 §2; 2003 c.559 §1]
     453.879
Director of the Department of Consumer and Business Services to be notified of
determination. When the
Director of Human Services or a designee thereof, the State Fire Marshal or
designee thereof or any law enforcement agency makes a determination that
property subject to ORS 105.555, 431.175 and 453.855 to 453.912 is not fit for
use, the Director of Human Services or designee thereof shall notify the
Director of the Department of Consumer and Business Services of the
determination. The Director of the Department of Consumer and Business Services
shall list the property as not fit for use until the Director of the Department
of Consumer and Business Services is notified that the property has been
certified by the Department of Human Services pursuant to ORS 453.885, or the
initial determination is reversed on appeal, or the property is destroyed. Upon
receipt of the certificate, the Director of the Department of Consumer and
Business Services shall cause the property to be removed from the list
described in this section. [1989 c.915 §10; 2003 c.14 §279]
     453.882
Contaminated property as public nuisance. The owner of property shall be considered to be maintaining a public
nuisance subject to being enjoined or abated under ORS 105.550 to 105.600 if
the property has been determined to be not fit for use under ORS 453.876 and
the owner:
     (1) Allows the property to be used as if
it were fit for use; or
     (2) Fails to have the property
decontaminated and certified as fit for use under ORS 453.885 within 180 days
after the determination under ORS 453.876. [1989 c.915 §12; 1999 c.168 §10;
2005 c.706 §2]
     453.885
Decontamination of property; certification process. (1) The owner of property determined to be
not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires
to have the property certified as fit for use may use the services of a
contractor licensed by the Department of Human Services to decontaminate the
property or, upon approval by the department, the owner, or an agent of the
owner, may perform the decontamination work. The contractor, in coordination
with the owner or agent of the owner, shall prepare and submit a written work
plan for decontamination to the department. If the work plan is approved and
the decontamination work is completed according to the plan and is properly
documented, the department shall certify the property as having been
decontaminated in compliance with rules of the department. Upon the completion
of the work plan, the department shall require the licensed contractorÂ’s
affidavit of compliance with the approved work plan.
     (2) The property owner shall notify the
Director of the Department of Consumer and Business Services of the
certification. No person who is not licensed by the Department of Human
Services under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise to
undertake or perform the work necessary to decontaminate property determined to
be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912.
     (3) Upon receipt of the certificate and a
request by the property owner to remove the property from the list, the
Director of the Department of Consumer and Business Services shall cause the
property to be removed from the list. [1989 c.915 §11; 1999 c.861 §3]
     453.886
Notice by county or local government required before incurring costs; ownerÂ’s
or lienholderÂ’s proposal for decontamination and certification; injunction to
prevent use of property; priority for liens for costs incurred. (1) Before incurring costs to decontaminate
a property that is a nuisance described in ORS 105.555 (1)(c) or to have the
property certified as fit for use under ORS 453.885, a county or other local
government shall give notice to each owner of record for the property and to
each person that has a mortgage, trust deed or other lien on the property
recorded in the county deed records. A notice given by the county or local
government to an owner or lienholder shall allow the owner or lienholder not
less than 60 days to respond.
     (2) An owner or lienholder making a timely
response to a notice given under subsection (1) of this section may propose a
course of action by the owner or lienholder to decontaminate and obtain
certification of the property within a reasonable time. If the owner or
lienholder proposes a course of action that may be reasonably expected to
achieve the decontamination and certification of the property, except as
provided in this subsection the county or other local government shall suspend
other efforts to decontaminate or obtain certification of the property. This
subsection does not prevent the county or local government from securing the
property by obtaining an injunction against use of the property.
     (3) If more than one owner or lienholder proposes
a reasonable course of action for a property, the county or other local
government may require that the owners and lienholders proposing courses of
action work together to decontaminate and obtain certification of the property.
The county or local government may require an owner or lienholder to
periodically report to the county or local government regarding efforts to
carry out a course of action. The county or local government may resume efforts
to decontaminate and obtain certification of a property if the county or local
government determines, after opportunity for a hearing, that an owner or
lienholder has failed to diligently pursue the course of action proposed by the
owner or lienholder and to complete the course of action within a reasonable
time.
     (4) A lien under ORS 105.585 (2) for costs
incurred by the county or local government in decontaminating and obtaining
certification of the property is superior to, has priority over and shall be
fully satisfied before all other liens, judgments, mortgages, security
interests or encumbrances on the property other than tax liens, regardless of
the date of creating, filing or recording of the lien, judgment, mortgage,
security interest or encumbrance, if the county or other local government
incurs the cost after giving notice to owners and lienholders under subsection
(1) of this section and:
     (a) No owner or lienholder provided a
response on or before the 60th day after the giving of the notice; or
     (b) An owner or lienholder for the
property timely responded to the notice with a proposed course of action for
decontaminating and obtaining certification of the property, but failed to
complete the course of action within:
     (A) Eight months after the notice date; or
     (B) A date more than eight months after
the notice date that was agreed to by the county or local government that gave
the notice and the owner or lienholder that timely responded to the notice. [2007
c.673 §1]
     Note: 453.886 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 453 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     453.888
License required to perform decontamination; procedure; grounds for denial,
revocation or suspension of license; civil penalty; rules. (1) The Department of Human Services by rule
shall establish performance standards for contractors under ORS 105.555,
431.175 and 453.855 to 453.912.
     (2) The department shall train and test,
or may approve courses to train and test, contractorsÂ’ personnel on the
essential elements in assessing premises used as an illegal drug manufacturing
site to determine hazard reduction measures needed, techniques for adequately
reducing contaminants, use of personal protective equipment and relevant
federal regulations and state rules.
     (3) Upon the contractor’s supervisory
personnelÂ’s successful completion of the training and testing and the
contractor having complied with the rules of the department and having paid the
required fee, the contractor shall be licensed. Licenses are renewable
biennially, as determined by rule of the department, upon supervisory personnelÂ’s
successful completion of any required refresher course.
     (4) The department may deny, suspend or
revoke the license of any contractor pursuant to ORS chapter 183 for:
     (a) Failing to:
     (A) Perform decontamination work under the
supervision of trained personnel;
     (B) File a work plan;
     (C) Perform work pursuant to the plan;
     (D) Pay a civil penalty imposed under ORS
105.555, 431.175 and 453.855 to 453.912; or
     (E) Perform work that meets the
requirements of ORS 453.903.
     (b) Committing fraud or misrepresentation
in:
     (A) Applying for a license;
     (B) Seeking approval of a work plan; or
     (C) Documenting completion of the work to
the department.
     (5) The department may impose a civil
penalty not to exceed $500, in addition to or in lieu of license denial,
suspension or revocation, pursuant to ORS chapter 183. [1989 c.915 §13; 1991
c.67 §126]
     453.891
Department of Human Services to provide information to licensed contractors and
those planning to become licensed. Between the dates of scheduled training for contractors under ORS
453.888, the Department of Human Services shall be available to consult with
licensed contractors, as well as those planning to become licensed, on
information pertinent to illegal drug manufacturing sites, including but not
limited to chemicals found at such sites and their toxicity, new or revised
decontamination procedures, personal protective equipment and applicable
federal regulations and state rules. [1989 c.915 §19]
     453.894
Licensing fees; rules. (1)
The Department of Human Services shall establish by rule a schedule of fees for
at least the following:
     (a) Initial licenses and renewal under ORS
105.555, 431.175 and 453.855 to 453.912.
     (b) Training courses and examinations
conducted by or on behalf of the department.
     (c) Reexaminations for failing the initial
examinations.
     (d) Review of work plans.
     (2) The fees established under subsection (1)
of this section shall be based upon the costs of the department in carrying out
the provisions of ORS 105.555, 431.175 and 453.855 to 453.912.
     (3) If a license renewal application and
fee is not received by the department within 15 days after the expiration of
the license, a penalty of $100 shall be added and collected.
     (4) The fees collected under this section
shall be paid into the State Treasury and deposited in the General Fund to the
credit of the Public Health Account. Such moneys are continuously appropriated
to the Department of Human Services to pay the departmentÂ’s expenses in
administering the provisions of ORS 105.555, 431.175 and 453.855 to 453.912.
     (5) Subject to prior approval by the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fee, any fee or change shall be within the budget
authorized by the Legislative Assembly as that budget may be modified by the
Emergency Board. [1989 c.915 §14; 1991 c.703 §12; 1999 c.861 §8]
     453.897
Lists of licensed contractors to be made available. The Department of Human Services shall
provide lists of the names of contractors licensed under ORS 105.555, 431.175
and 453.855 to 453.912 to the Director of the Department of Consumer and
Business Services who shall distribute the lists to local building code
enforcement agencies. The local agencies shall make the list available on
request and shall supply a copy to any property owner whose property is
determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to
453.912. [1989 c.915 §15]
     453.900
Inspection of decontamination work; contracts to perform. The Department of Human Services may
contract with state or local agencies or private persons to perform any
inspection or to obtain any samples relative to determining the adequacy of
decontamination work. [1989 c.915 §16]
     453.903
Evaluation of decontamination projects; civil penalty. The Department of Human Services shall
evaluate annually a number of the property decontamination projects performed
by licensed contractors to determine the adequacy of the decontamination work,
using the services of an independent environmental contractor or state or local
agency. If a project fails the evaluation and inspection, the contractor is
subject to a civil penalty and license suspension that prohibits the contractor
from performing additional work until deficiencies have been corrected on the
project. Civil penalties under this section shall be imposed as provided in ORS
183.745. [1989 c.915 §18; 1991 c.734 §30]
     453.906
Condemnation or demolition of property; standards; rules. The Director of the Department of Consumer
and Business Services shall adopt rules fixing uniform standards whereby local
building code enforcement agencies may require that property determined under
ORS 105.555, 431.175 and 453.855 to 453.912 to be not fit for use may be
subject to action to condemn or demolish the property or to require the
property be vacated or contents be removed from the property. [1989 c.915 §17]
     453.909
Authority of counties and cities. Counties and cities by ordinance may prohibit use or occupancy of or
provide for regulation of any property so long as such prohibition or
regulation is consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and
rules of the Department of Human Services. [1989 c.915 §20; 1999 c.861 §6]
     453.912
Governmental immunity from liability. The state and any local government, their officers, agents and
employees shall not be liable for loss or injury resulting from the presence of
any chemical or controlled substance at a site used to manufacture illegal
drugs or from actions taken to carry out the provisions of ORS 105.555, 431.175
and 453.855 to 453.912 except for liability for damages resulting from gross
negligence or intentional misconduct by the state or local government. [1989
c.915 §21]
PENALTIES
     453.990
Criminal penalties. (1) Any
violation of ORS 453.175 or 453.185 or any rules of the State Board of Pharmacy
thereunder is a Class C misdemeanor.
     (2) Violation of any of the provisions of
ORS 453.005 to 453.135 is a Class B misdemeanor. A second and subsequent
violation of any of the provisions of ORS 453.005 to 453.135 is a Class A
misdemeanor.
     (3) Violation of any provision of ORS
453.605 to 453.800 is a Class A misdemeanor.
     (4) In addition to the provisions of ORS
453.882 regarding enjoinder and abatement, a person who knowingly uses property
that has been determined to be not fit for use pursuant to ORS 105.555, 431.175
and 453.855 to 453.912 as if it were fit for use commits a Class B misdemeanor.
     (5) Violation of ORS 453.885 (2) is a
Class B misdemeanor. [Subsection (10) enacted as 1961 c.664 §15; 1969 c.631 §15;
subsection (6) enacted as 1971 c.409 §15; 1977 c.582 §52; subsection (4)
enacted as 1989 c.915 §22; 1997 c.769 §2]
     453.992 [Amended by 1969 c.631 §16; 1977 c.582 §53;
repealed by 1995 c.658 §127]
     453.994 [1971 c.609 §27; renumbered 469.992]
     453.995
Civil penalties. (1) In
addition to any other liability or penalty provided by law, the Department of
Human Services may impose a civil penalty on a person for violation of:
     (a) ORS 453.885; or
     (b) ORS 453.005 to 453.135 or rules
adopted under ORS 453.005 to 453.135 by the department.
     (2) A civil penalty imposed under this
section may not exceed $2,000.
     (3) ORS 183.745 applies to civil penalties
imposed under this section. [1999 c.861 §7; 2005 c.496 §5]
     Note: 453.995 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 453 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
_______________
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