2007 Oregon Code - Chapter 466 :: Chapter 466 - Hazardous Waste and Hazardous Materials II
Chapter 466 —
Hazardous Waste and Hazardous Materials II
2007 EDITION
HAZARDOUS WASTE AND HAZARDOUS MATERIALS II
PUBLIC HEALTH AND SAFETY
STORAGE, TREATMENT AND DISPOSAL OF HAZARDOUS
WASTE AND PCB
(General Provisions)
466.005Â Â Â Â Definitions
for ORS 453.635 and 466.005 to 466.385
466.010Â Â Â Â Purpose
(Administration)
466.015Â Â Â Â Powers
and duties of department
466.020Â Â Â Â Rules
and orders
466.025Â Â Â Â Duties
of commission
466.030Â Â Â Â Designation
of classes of facilities subject to certain provisions
466.035Â Â Â Â Commission
authority to impose standards for hazardous waste or PCB at
466.040Â Â Â Â Application
period for PCB or hazardous waste permit
466.045Â Â Â Â Application
form; contents; fees; renewal application; rules
466.050Â Â Â Â Citizen
advisory committees
466.055Â Â Â Â Criteria
for new facility
466.060Â Â Â Â Criteria
to be met by owner and operator before issuance of permit
466.065Â Â Â Â Applicant
for renewal to comply with ORS 466.055 and 466.060; exceptions; permit
conditions; rules
466.067Â Â Â Â Modification
of PCB or hazardous waste permit to allow recycling operation; fee
(Hazardous Waste)
466.068Â Â Â Â Technical
assistance and information program for generators of hazardous waste; rules
466.069Â Â Â Â Hazardous
Waste Technical Assistance Fund; uses; limitations
466.070Â Â Â Â Standards
for rules
466.075Â Â Â Â Rules
for generators of hazardous waste
466.077Â Â Â Â Fee
for generators of hazardous waste to obtain identification number
466.080Â Â Â Â Rules
for transportation of hazardous waste
466.086Â Â Â Â Gaining
federal authorization; rules
466.090Â Â Â Â Inspection
and copying of records authorized; exceptions
466.095Â Â Â Â Hazardous
waste to be stored or treated at permitted site; exemptions
466.100Â Â Â Â Disposal
of waste restricted; permit required
466.105Â Â Â Â Duties
of permittee
466.107Â Â Â Â Action
under ORS 466.105 against guarantor
466.110Â Â Â Â Application;
form
466.115Â Â Â Â Required
application information
466.120Â Â Â Â Required
application information to operate site
466.125Â Â Â Â Notice
of hearings on applications
466.130Â Â Â Â Public
hearing in areas of proposed site required
466.135Â Â Â Â Recommendations
by state agencies on applications; effect
466.140Â Â Â Â Review
of applications; issuance
466.145Â Â Â Â Review
of treatment applications; issuance
466.150Â Â Â Â Permit
requirements
466.153Â Â Â Â Exemption
from state or local laws for sale or deeding of land
466.155Â Â Â Â Acquisition
by condemnation
466.160Â Â Â Â Site
permit fees; disposition; withdrawal by permittee
466.165Â Â Â Â Annual
fees; use
466.168Â Â Â Â Annual
fee for used oil processor
466.170Â Â Â Â Revocation
of permit; judicial review
466.175Â Â Â Â Disposition
of site or facility after revocation; acquisition of site by department
466.180Â Â Â Â Department
authority to limit storage, disposal or treatment
466.185Â Â Â Â Investigation
upon complaint; hearings; orders
466.190Â Â Â Â Investigation
upon motion of department; findings and orders
466.195Â Â Â Â Monitoring
and surveillance program; inspection
466.200Â Â Â Â Procedure
for emergencies
466.205Â Â Â Â Liability
for improper disposal of waste; costs; lien for department expenditures
466.208Â Â Â Â Requirement
to reimburse department for costs associated with implementing corrective
action
466.210Â Â Â Â Actions
or proceedings to enforce compliance
466.215Â Â Â Â Post-closure
permit for disposal site; rules; fee
466.225Â Â Â Â Monitoring
site; access
(PCB Disposal Facilities)
466.250Â Â Â Â Definition
of “PCB disposal facility”
466.255Â Â Â Â Disposal
of PCB restricted; permit required for PCB disposal facility
466.260Â Â Â Â Duties
of department
466.265Â Â Â Â Rules
for regulation of PCB disposal
466.270Â Â Â Â Criteria
for rules; study of disposal methods
466.275Â Â Â Â Permit
application for PCB disposal facility
466.280Â Â Â Â Copies
of application to be sent to affected state agencies
466.285Â Â Â Â Notice
of hearings on application
466.290Â Â Â Â Public
hearing in area of proposed facility required
466.295Â Â Â Â Examination
of applications; recommendation to commission; decision as to issuance; notice
to applicant
466.300Â Â Â Â Restrictions
on commission authority to issue permit
466.305Â Â Â Â Investigation
of complaints; hearing; order
466.310Â Â Â Â Monitoring,
inspection and surveillance program; access to facility and records
466.315Â Â Â Â Procedure
for emergency
466.320Â Â Â Â Conditions
for holding permit
466.325Â Â Â Â Annual
fee
466.330Â Â Â Â Acquisition
by state of real property for disposal of PCB
466.335Â Â Â Â Consequences
of revocation
466.340Â Â Â Â Restrictions
on treatment or disposal of PCB at facility
466.345Â Â Â Â PCB
facility permit fee
466.350Â Â Â Â Post-closure
permit; fee
466.355Â Â Â Â Interstate
cooperation regarding toxics use and hazardous waste reduction programs
466.357Â Â Â Â Requirements
for certain generators of hazardous waste
NOTICE OF ENVIRONMENTAL HAZARDS
466.360Â Â Â Â Policy
466.365Â Â Â Â Commission
authority to establish sites for which notice is required; rulemaking; report
to Legislative Assembly
466.370Â Â Â Â Notice
to owner; hearing; filing of notice if no objection
466.375Â Â Â Â Filing
of notice; content of notice
466.380Â Â Â Â Interagency
agreement for notices for radioactive waste disposal sites
466.385Â Â Â Â Amendment
of comprehensive plan and land use regulations; model language; appeal of land
use decision related to site requiring notice
USE OF PCB
466.505Â Â Â Â Definitions
for ORS 466.505 to 466.530
466.510Â Â Â Â
466.515Â Â Â Â Electric
transformers or capacitors exempted; rules
466.520Â Â Â Â Exemption
certificates; applications; conditions
466.525Â Â Â Â Additional
PCB compounds may be prohibited by rule
466.530Â Â Â Â Prohibited
disposal of waste containing PCB
SPILL RESPONSE AND CLEANUP OF HAZARDOUS
MATERIALS
466.605Â Â Â Â Definitions
for ORS 466.605 to 466.680
466.610Â Â Â Â Department
authority relating to cleanup of oil or hazardous material
466.615Â Â Â Â Limit
on commission and department authority over radioactive substances
466.620Â Â Â Â Emergency
response plan
466.625Â Â Â Â Rulemaking
466.630Â Â Â Â Commission
designation of substance as hazardous material
466.635Â Â Â Â Report
of spill or release of reportable quantity of hazardous material
466.640Â Â Â Â Strict
liability for spill or release; exceptions
466.645Â Â Â Â Cleanup;
failure to complete cleanup
466.670Â Â Â Â Oil
and Hazardous Material Emergency Response and Remedial Action Fund
466.675Â Â Â Â Use
of moneys in Oil and Hazardous Material Emergency Response and Remedial Action
Fund
466.680Â Â Â Â Responsibility
for expenses of cleanup; record; treble damages; order; appeal
OIL STORAGE TANKS
(General Provisions)
466.706Â Â Â Â Definitions
for ORS 466.706 to 466.882 and 466.994
466.710Â Â Â Â Application
of ORS 466.706 to 466.882 and 466.994
466.715Â Â Â Â Legislative
findings
(Administration)
466.720Â Â Â Â Statewide
underground storage tank program; federal authorization; rules
466.725Â Â Â Â Limitation
on local government regulation
466.727Â Â Â Â Prohibition
on local government tax, fee or surcharge
466.730Â Â Â Â Delegation
of program administration to state agency or local government by agreement
466.735Â Â Â Â Cooperation
with Department of Consumer and Business Services and State Fire Marshal
466.740Â Â Â Â Noncomplying
installation prohibited
466.743Â Â Â Â Training
on operation, maintenance and testing; rules
466.746Â Â Â Â Commission
rules; considerations
(Licenses; Permits)
466.750Â Â Â Â License
procedure for persons servicing underground tanks
466.760Â Â Â Â When
permit required; who required to sign application
466.765Â Â Â Â Duty
of owner or permittee of underground storage tank
466.770Â Â Â Â Corrective
action required on contaminated site
466.775Â Â Â Â Grounds
for refusal, modification, suspension or revocation of permit
466.780Â Â Â Â Variance
upon petition
(Finance)
466.783Â Â Â Â Installation
fee; permit modification fee
466.785Â Â Â Â Annual
storage tank fee; late payment fee
466.787Â Â Â Â Annual
service provider fee; biennial supervisor fee
466.791Â Â Â Â Underground
Storage Tank Compliance and Corrective Action Fund; sources; uses
466.795Â Â Â Â Underground
Storage Tank Insurance Fund
466.800Â Â Â Â Records
as public records; exceptions
(Enforcement)
466.805Â Â Â Â Site
inspection; subpoena or warrant
466.810Â Â Â Â Investigation
on noncompliance; findings and orders; decommissioning tank; hearings; other
remedies
466.815Â Â Â Â Financial
responsibility of owner or permittee; rules; legislative review
466.820Â Â Â Â Reimbursement
to department; procedure for collection; treble damages
466.825Â Â Â Â Strict
liability of owner or permittee
466.830Â Â Â Â Halting
tank operation upon clear and immediate danger
466.835Â Â Â Â Compliance
and correction costs as lien; enforcement
466.837Â Â Â Â Noncompliance
penalties for specific underground storage tank violations; waiver of right to
appeal; advisory committee; rules
(Financial Assistance Programs)
466.840Â Â Â Â Legislative
findings
466.845Â Â Â Â Commission
authority to accept and expend moneys received for financial assistance
programs
(Heating Oil Tanks)
466.858Â Â Â Â Heating
oil tank regulatory program; license to provide heating oil tank services;
certification of corrective action
466.862Â Â Â Â License
required to provide heating oil tank services
466.868Â Â Â Â Licensing
requirements; annual fee; registry of licensees; revocation of license
466.872Â Â Â Â Certification
of voluntary decommissioning or approval of corrective action; fee
466.878Â Â Â Â Required
actions when use of underground heating oil tank is terminated; requirements at
time of sale of real property containing abandoned heating oil tank
466.882Â Â Â Â Rules
UNDERGROUND STORAGE TANKS HOLDING AIRCRAFT OR
MARINE FUEL
466.901Â Â Â Â Definitions
for ORS 466.901 to 466.915
466.903Â Â Â Â Financial
assistance program for fuel tanks holding aircraft or marine fuel; application;
fees
466.905Â Â Â Â Eligibility
for financial assistance; amount of grants
466.907Â Â Â Â Rules
466.910Â Â Â Â Sources
of funds; disposition
466.913Â Â Â Â Fuel
Tank Compliance and Corrective Action Fund
466.915Â Â Â Â Memorandum
of understanding with State Marine Board or Department of Transportation
466.917Â Â Â Â Priority
of financial assistance granted by Director of Transportation
466.920Â Â Â Â Priority
for distribution of funds by State Marine Board
CIVIL PENALTIES
466.990Â Â Â Â Civil
penalties generally
466.992Â Â Â Â Civil
penalties for damage to wildlife resulting from contamination of food or water
supply
466.994Â Â Â Â Civil
penalties for violations of underground storage tank regulations
CRIMINAL PENALTIES
466.995Â Â Â Â Criminal
penalties
STORAGE, TREATMENT AND DISPOSAL OF HAZARDOUS
WASTE AND PCB
(General Provisions)
     466.005
Definitions for ORS 453.635 and 466.005 to 466.385. As used in ORS 453.635 and 466.005 to
466.385 and 466.992, unless the context requires otherwise:
     (1) “Commission” means the Environmental
Quality Commission.
     (2) “Department” means the Department of
Environmental Quality.
     (3) “Director” means the Director of the
Department of Environmental Quality.
     (4) “Dispose” or “disposal” means the
discharge, deposit, injection, dumping, spilling, leaking or placing of any
hazardous waste into or on any land or water so that the hazardous waste or any
hazardous constituent thereof may enter the environment or be emitted into the
air or discharged into any waters of the state as defined in ORS 468B.005.
     (5) “Facility” means all contiguous land,
structures, other appurtenances and improvements on the land used for treating,
storing or disposing of hazardous waste. “Facility” may consist of one or more
treatment, storage or disposal operational units.
     (6) “Generator” means the person, who by
virtue of ownership, management or control, is responsible for causing or
allowing to be caused the creation of a hazardous waste.
     (7) “Hazardous waste” does not include
radioactive material or the radioactively contaminated containers and
receptacles used in the transportation, storage, use or application of
radioactive waste, unless the material, container or receptacle is classified
as hazardous waste under paragraph (a), (b) or (c) of this subsection on some
basis other than the radioactivity of the material, container or receptacle.
Hazardous waste does include all of the following which are not declassified by
the commission under ORS 466.015 (3):
     (a) Discarded, useless or unwanted
materials or residues resulting from any substance or combination of substances
intended for the purpose of defoliating plants or for the preventing,
destroying, repelling or mitigating of insects, fungi, weeds, rodents or predatory
animals, including but not limited to defoliants, desiccants, fungicides,
herbicides, insecticides, nematocides and rodenticides.
     (b) Residues resulting from any process of
industry, manufacturing, trade or business or government or from the development
or recovery of any natural resources, if such residues are classified as
hazardous by order of the commission, after notice and public hearing. For
purposes of classification, the commission must find that the residue, because
of its quantity, concentration, or physical, chemical or infectious
characteristics may:
     (A) Cause or significantly contribute to
an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness; or
     (B) Pose a substantial present or
potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed.
     (c) Discarded, useless or unwanted
containers and receptacles used in the transportation, storage, use or
application of the substances described in paragraphs (a) and (b) of this
subsection.
     (8) “Hazardous waste disposal site” means
a geographical site in which or upon which hazardous waste is disposed.
     (9) “Hazardous waste storage site” means
the geographical site upon which hazardous waste is stored.
     (10) “Hazardous waste treatment site”
means the geographical site upon which or a facility in which hazardous waste
is treated.
     (11) “Manifest” means the form used for
identifying the quantity, composition, and the origin, routing and destination
of hazardous waste during its transportation from the point of generation to
the point of disposal, treatment or storage.
     (12) “PCB” has the meaning given that term
in ORS 466.505.
     (13) “Person” means the
     (14) “Store” or “storage” means the
containment of hazardous waste either on a temporary basis or for a period of
years, in a manner that does not constitute disposal of the hazardous waste.
     (15) “Transporter” means any person
engaged in the transportation of hazardous waste by any means.
     (16) “Treat” or “treatment” means any
method, technique, activity or process, including but not limited to
neutralization, designed to change the physical, chemical, or biological
character or composition of any hazardous waste so as to neutralize the waste
or so as to render the waste nonhazardous, safer for transport, amenable for
recovery, amenable for storage, or reduced in volume. [Formerly 459.410; 1987
c.540 §4]
     466.010
Purpose. (1)(a) The
Legislative Assembly finds that it is in the interest of public health and
safety and environment to protect
     (b) Therefore, the Legislative Assembly
declares that it is the purpose of ORS 466.005 to 466.385 and 466.992 to:
     (A) Protect the public health and safety
and environment of
     (B) Exercise the maximum amount of control
over actions within
     (C) Limit to the extent possible the
treatment or disposal of hazardous waste and PCB in Oregon to materials
originating in the states that are parties to the Northwest Interstate Compact
on Low-Level Radioactive Waste Management under ORS 469.930; and
     (D) Limit to the extent possible the size
of any hazardous waste or PCB treatment or disposal facility in
     (2) The Legislative Assembly further finds
and declares that in the interest of public health and safety and to protect
the environment, it is the policy of the State of Oregon to give priority in
managing hazardous waste in Oregon to methods that reduce the quantity and
toxicity of hazardous waste generated before using methods that reuse hazardous
waste, recycle hazardous waste that cannot be reused, treat hazardous waste or
dispose of hazardous waste by landfilling. [1985 c.670 §3; 1987 c.540 §4a; 1989
c.833 §95]
(Administration)
     466.015
Powers and duties of department. The Department of Environmental Quality shall:
     (1) Provide for the administration,
enforcement and implementation of ORS 466.005 to 466.385 and 466.992 and may
perform all functions necessary:
     (a) To insure the proper management of
hazardous waste by generators;
     (b) For the regulation of the operation
and construction of hazardous waste treatment, storage and disposal sites; and
     (c) For the permitting of hazardous waste
treatment, storage and disposal sites in consultation with the appropriate
county governing body or city council.
     (2) Coordinate and supervise all functions
of state and local governmental agencies engaged in activities subject to the
provisions of ORS 466.005 to 466.385 and 466.992.
     (3) After notice and public hearing
pursuant to ORS chapter 183, declassify as hazardous waste those substances
described in ORS 466.005 (7) which the Environmental Quality Commission finds,
after deliberate consideration, taking into account the public health, welfare
or safety or the environment, have been properly treated or decontaminated or
contain a sufficiently low concentration of hazardous material so that such
substances are no longer hazardous. [Formerly 459.430; 1987 c.540 §5]
     466.020
Rules and orders. In
accordance with applicable provisions of ORS chapter 183, the Environmental
Quality Commission shall:
     (1) Adopt rules and issue orders thereon,
including but not limited to establishing minimum requirements for the
treatment, storage and disposal of hazardous wastes, minimum requirements for
operation, maintenance, monitoring, reporting and supervision of treatment,
storage or disposal sites, and requirements and procedures for selection of
such sites.
     (2) Adopt rules and issue orders thereon
relating to the procedures of the Department of Environmental Quality to
hearings, filing of reports, submission of plans and the issuance, revocation
and modification of permits issued under ORS 466.005 to 466.385 and 466.992.
     (3) Adopt rules and issue orders thereon
to classify as hazardous waste those residues defined in ORS 466.005 (7)(b).
     (4) Adopt rules and issue orders thereon
relating to reporting by generators of hazardous waste concerning type, amount
and disposition of such hazardous waste and waste minimization activities.
Rules may be adopted exempting certain classes of generators from such
requirements.
     (5) Adopt rules and issue orders relating
to the transportation of hazardous waste by air or water.
     (6) Adopt rules and issue orders relating
to the production, marketing, distribution, transportation and burning of fuels
containing or derived from hazardous waste.
     (7) Adopt rules and issue orders relating
to corrective action, including corrective action within the facility or beyond
the facility boundary if necessary to protect public health or the environment,
for all releases of hazardous waste or constituents of hazardous waste
occurring from locations within the facility or originating within the facility
and releasing beyond the facility boundary, from any hazardous waste treatment,
storage or disposal facility, regardless of the time the hazardous waste was
placed in the facility.
     (8) Adopt rules and issue orders relating
to the restriction or prohibition of nonhazardous liquid waste in a hazardous
waste disposal site.
     (9) Adopt rules necessary to implement the
certification requirements of ORS 466.357. [Formerly 459.440; 1987 c.540 §6;
1989 c.833 §112]
     466.025
Duties of commission. In
order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the
Environmental Quality Commission shall:
     (1) Limit the number of facilities
disposing of or treating hazardous waste or PCB;
     (2) Establish classes of hazardous waste
or PCB that may be disposed of or treated;
     (3) Designate the location of a facility
designed to dispose of or treat hazardous waste or PCB; and
     (4) Limit to the extent otherwise allowed
by law, the hazardous waste or PCB accepted for treatment or disposal at a
facility first to hazardous waste or PCB originating in Oregon, or if the
capacity of the facility as established under ORS 466.055 allows, or it is
necessary for the commission to receive and maintain state authorization of a
hazardous waste regulatory program under P.L. 94-580 and P.L. 98-616, to states
that are parties to the Northwest Interstate Compact on Low-Level Radioactive
Waste Management as set forth in ORS 469.930. [1985 c.670 §4]
     466.030
Designation of classes of facilities subject to certain provisions. The Environmental Quality Commission may, by
rule, designate classes of facilities designed to treat or dispose of hazardous
waste or PCB that shall be subject to the provisions of ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.320. [1985 c.670 §8]
     466.035
Commission authority to impose standards for hazardous waste or PCB at
     466.040
Application period for PCB or hazardous waste permit. Whenever the Environmental Quality
Commission finds there is a need for an additional hazardous waste or PCB treatment
or disposal facility according to the criteria established in ORS 466.055, the
commission shall establish an application period during which persons may apply
for a PCB disposal facility permit according to the provisions of ORS 466.260
to 466.285 or a hazardous waste disposal facility permit under ORS 466.005 to
466.385 and 466.992. [1985 c.670 §10; 1987 c.540 §16]
     466.045
Application form; contents; fees; renewal application; rules. (1) Upon request, the Department of
Environmental Quality shall furnish an application form to any person
interested in developing or constructing a hazardous waste or PCB treatment or
disposal facility or a hazardous waste storage facility. Each such form shall
contain:
     (a) The name and address of the applicant.
     (b) A statement of financial condition of
the applicant, including assets, liabilities and net worth.
     (c) The experience of the applicant in
construction, management, supervision or development of hazardous waste or PCB
treatment or disposal facilities and in the handling of such substances.
     (2) The department shall also require the
submission of such information relating to the construction, development or
establishment of a proposed hazardous waste or PCB treatment or disposal site
and facilities to be operated in conjunction therewith, and such additional
information, data and reports as it deems necessary to make a decision on
granting or denying a permit.
     (3) If the application is for a new permit
to operate a new hazardous waste or PCB treatment or disposal facility or a new
hazardous waste storage facility, the applicant shall pay a fee as determined
under subsection (5)(a) of this section to cover the departmentÂ’s costs in
investigating and processing the application. Any portion of the fee that
exceeds the departmentÂ’s costs shall be refunded to the applicant.
     (4) If the application is for the renewal
of an existing permit, the applicant shall pay a fee as determined under
subsection (5)(a) of this section to cover the departmentÂ’s costs in
investigating and processing the renewal application. Under no circumstances
shall the renewal fee exceed a total of $150,000. Any portion of the fee that
exceeds the departmentÂ’s costs shall be refunded to the applicant.
     (5) The Environmental Quality Commission
by rule:
     (a) Shall specify chargeable elements,
rates and other appropriate mechanisms and procedures for determining the costs
of new and renewal permit processing as set forth in subsections (3) and (4) of
this section.
     (b) Shall specify a cost recovery mechanism
for reimbursing the costs of the department associated with the implementation
of corrective action required under ORS 466.105.
     (c) Shall adopt a schedule of fees to
defray the departmentÂ’s costs incurred during the processing of treatment,
storage or disposal permit modifications.
     (d) May adopt a schedule of fees to defray
the costs of the department incurred in investigating and processing
applications for hazardous waste declassifications under ORS 466.015, hazardous
waste delistings and petitions for universal waste listings.
     (6) For fees or funding mechanisms adopted
or applied under subsections (3) to (5) of this section, the fee structure or
recovery mechanism shall reflect as accurately as possible, and be limited to,
the costs of services and regulatory activities provided by the department to
the category of payers incurring fees or the party assessed cost recovery.
     (7) For funding mechanisms adopted or
applied under subsections (3) to (5) of this section other than fee schedules
adopted by the commission, the commission shall require the department to
provide to any party so assessed:
     (a) A good faith estimate of the total
projected costs prior to the commencement of the activity for which costs will
be accrued;
     (b) A detailed accounting of all costs
subsequently incurred; and
     (c) A description of the reasons for any
discrepancy between projected and assessed costs at the time the department
becomes aware that such a discrepancy has occurred or is likely to occur.
     (8) All fees received under this section
are continuously appropriated to the department for payment of the department
costs in carrying out the activity for which the fees were received. [1985
c.670 §11; 1987 c.540 §17; 1997 c.576 §1]
     466.050
Citizen advisory committees.
(1) To aid and advise the Director of the Department of Environmental Quality
and the Environmental Quality Commission in the selection of a hazardous waste
or PCB treatment or disposal facility or the site of such facility, the
director shall establish citizen advisory committees as the director considers
necessary. The director shall determine the representation, membership, terms
and organization of the committees and shall appoint their members. The
director or a designee shall be a nonvoting member of each committee.
     (2) The advisory committees appointed
under subsection (1) of this section shall review applications during an
application period established under ORS 466.040 and make recommendations on
the applications to the commission. [1985 c.670 §12]
     466.055
Criteria for new facility.
Before issuing a permit for a new facility designed to dispose of or treat
hazardous waste or PCB, the Environmental Quality Commission must find, on the
basis of information submitted by the applicant, the Department of
Environmental Quality or any other interested party, that the proposed facility
meets the following criteria:
     (1) The proposed facility location:
     (a) Is suitable for the type and amount of
hazardous waste or PCB intended for treatment or disposal at the facility;
     (b) Provides the maximum protection
possible to the public health and safety and environment of Oregon from release
of the hazardous waste or PCB stored, treated or disposed of at the facility;
and
     (c) Is situated sufficient distance from urban
growth boundaries, as defined in ORS 197.295, to protect the public health and
safety, accessible by transportation routes that minimize the threat to the
public health and safety and to the environment and sufficient distance from
parks, wilderness and recreation areas to prevent adverse impacts on the public
use and enjoyment of those areas.
     (2) Subject to any applicable standards
adopted under ORS 466.035, the design of the proposed facility:
     (a) Allows for treatment or disposal of
the range of hazardous waste or PCB as required by the commission; and
     (b) Significantly adds to:
     (A) The range of hazardous waste or PCB
handled at a treatment or disposal facility currently permitted under ORS
466.005 to 466.385; or
     (B) The type of technology employed at a
treatment or disposal facility currently permitted under ORS 466.005 to
466.385.
     (3) The proposed facility uses the best
available technology for treating or disposing of hazardous waste or PCB as
determined by the department or the United States Environmental Protection
Agency.
     (4) The need for the facility is
demonstrated by:
     (a) Lack of adequate current treatment or
disposal capacity in
     (b) A finding that operation of the
proposed facility would result in a higher level of protection of the public
health and safety or environment; or
     (c) Significantly lower treatment or
disposal costs to
     (5) The proposed hazardous waste or PCB
treatment or disposal facility has no major adverse effect on either:
     (a) Public health and safety; or
     (b) Environment of adjacent lands. [1985
c.670 §5; 1987 c.540 §18; 1989 c.833 §96]
     466.060
Criteria to be met by owner and operator before issuance of permit. (1) Before issuing a permit for a facility
designed to treat or dispose of hazardous waste or PCB, the permit applicant
must demonstrate, and the Environmental Quality Commission must find, that the
owner and operator meet the following criteria:
     (a) The owner, any parent company of the
owner and the operator have adequate financial and technical capability to
properly construct and operate the facility; and
     (b) The compliance history of the owner
including any parent company of the owner and the operator in owning and
operating other similar facilities, if any, indicates an ability and
willingness to operate the proposed facility in compliance with the provisions
of ORS 466.005 to 466.385 and 466.992 or any condition imposed on the permittee
by the commission.
     (2) If requested by the permit applicant,
information submitted as confidential under subsection (1)(a) of this section
shall be maintained confidential and exempt from public disclosure to the
extent provided by
     466.065
Applicant for renewal to comply with ORS 466.055 and 466.060; exceptions;
permit conditions; rules. As
a condition to the issuance of a renewal permit under ORS 466.005 to 466.385
and 466.992, the Environmental Quality Commission may require the applicant to
comply with all or some of the criteria set forth in ORS 466.055 and 466.060,
except that any application for a renewal permit for a treatment or disposal
facility located off the site of waste generation and operating on July 15,
1999, shall not have to comply with ORS 466.055 and 466.060 unless the
applicant proposes a different type of treatment or disposal than has been
authorized for use at any time at the facility. In issuing any renewal permit
for such a facility, the commission shall include in the permit conditions that
require all of the following:
     (1) The facility is limited to acceptance
of hazardous waste or PCB for treatment or disposal in an amount not to exceed
110 percent of the amount of hazardous waste or PCB treated or disposed by the
facility under any permit. The Department of Environmental Quality shall
approve acceptance of a greater amount of hazardous waste or PCB for treatment
or disposal as part of a permit renewal or modification process if the
applicant demonstrates that a greater amount of hazardous waste or PCB is
necessary either to protect or to provide a higher level of protection of the
public health and safety or of the environment.
     (2) The facility complies with all applicable
federal and
     (3) The facility meets property line
setback requirements established by the commission by rule.
     (4) The facility owner, any parent company
of the owner and the operator comply with all applicable
     (5) The facility owner or operator owns or
contracts with an emergency response provider or coordinator that can provide
for timely response to a spill or release in
     (6) Any person hired by the owner or operator
of the facility to transport hazardous waste or PCB to the facility owns or has
a contract with an emergency response provider or coordinator that can provide
for timely response to a spill or release in Oregon of hazardous waste or PCB
being transported by a motor vehicle to the facility.
     (7) Upon arrival at the facility of any
motor vehicle transporting hazardous waste or PCB not described in subsection
(5) or (6) of this section, the owner or operator of the facility shall request
to review the transporterÂ’s authorization to transport hazardous waste or PCB
in Oregon and the driverÂ’s authorization to drive a motor vehicle transporting
hazardous waste or PCB in Oregon. The owner or operator of the facility shall
report to the department the name of any transporter or driver failing to
demonstrate authorization. [1985 c.670 §6; 1987 c.540 §20; 1999 c.740 §4]
     466.067
Modification of PCB or hazardous waste permit to allow recycling operation;
fee. (1) The Department of
Environmental Quality may issue a permit modification under ORS 466.005 to
466.385 authorizing a recycling operation at a hazardous waste or PCB treatment
or disposal facility located off the site of waste generation and operating on
July 15, 1999, and shall not apply ORS 466.055 or 466.060, provided the owner
or operator of the facility obtains a determination from the department that,
in accordance with the Federal Resource Conservation and Recovery Act, P.L.
94-580, and the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended,
the recycling operation is legitimate and will produce material that is exempt
from the definition of solid waste.
     (2) The department shall apply the
schedule of fees authorized by ORS 466.045 (5)(c) and (d) to defray the costs
of processing the application for authorization for permit modification and
making the determination under subsection (1) of this section. [1999 c.740 §3]
(Hazardous
Waste)
     466.068
Technical assistance and information program for generators of hazardous waste;
rules. (1) The Department of
Environmental Quality shall implement a technical assistance and information
program for generators of hazardous waste. The program shall include but need
not be limited to:
     (a) Direct, on-site assistance;
     (b) Coordination with industry trade
associations;
     (c) Information clearinghouse activities;
     (d) Publications and workshops; and
     (e) Other activities related to technical
assistance.
     (2) Technical assistance services provided
under this section shall not result in inspections or other enforcement actions
unless there is reasonable cause to believe there exists a clear and immediate
danger to the public health and safety or to the environment. The Environmental
Quality Commission may develop rules to carry out the intent of this subsection.
[1991 c.721 §5; 2003 c.654 §5]
     466.069
Hazardous Waste Technical Assistance Fund; uses; limitations. (1) The Hazardous Waste Technical Assistance
Fund is established in the State Treasury, separate and distinct from the
General Fund. Interest earned on the Hazardous Waste Technical Assistance Fund
shall be credited to the fund.
     (2) Moneys in the Hazardous Waste
Technical Assistance Fund are continuously appropriated to the Department of
Environmental Quality to implement ORS 466.068.
     (3) The department may not expend more
than 15 percent of the moneys in the fund to pay for the departmentÂ’s
administrative and personnel costs in implementing ORS 466.068. [2003 c.654 §2]
     466.070
Standards for rules. (1) In
adopting rules under ORS 466.020 regulating the disposal of hazardous wastes,
including, but not limited to, rules for the operation and maintenance of
hazardous waste disposal sites, the Environmental Quality Commission shall
provide for the highest and best practicable disposal of the hazardous wastes
in a manner that will minimize:
     (a) The possibility of a dangerous
uncontrolled reaction, the release of leachate, noxious gases or odors, fire,
explosion or the discharge of the hazardous wastes; and
     (b) The amount of land used for burial of
the hazardous wastes.
     (2) The Department of Environmental
Quality shall investigate and analyze in detail the disposal methods and
procedures required to be adopted by rule under ORS 466.020 and subsection (1)
of this section and shall report its findings and recommendations to the
commission. [Formerly 459.442]
     466.075
Rules for generators of hazardous waste. (1) The Environmental Quality Commission may, by rule, require
generators of hazardous waste to:
     (a) Identify themselves to the Department
of Environmental Quality, list the location and general characteristics of
their activity and name the hazardous waste generated;
     (b) Keep records that accurately identify
the quantities of such hazardous waste, the constituents thereof, the
disposition of such waste and waste minimization activities;
     (c) Furnish information on the chemical
composition of such hazardous waste to persons transporting, treating, storing
or disposing of such waste;
     (d) Use a department approved manifest
system to assure that all such hazardous waste generated is destined for
treatment, storage or disposal in treatment, storage or disposal facilities
(other than facilities on the premises where the waste is generated) which are
operating pursuant to lawful authority;
     (e) Submit reports to the department
setting out quantities of hazardous waste generated during a given time period,
the disposition of all such waste and waste minimization activities;
     (f) Comply with specific waste management
standards; and
     (g) Minimize the amount or toxicity of
hazardous waste generated.
     (2) The generator of a hazardous waste
shall be allowed to store a hazardous waste produced by that generator on the
premises of that generator for a term not to exceed that set by rule without
obtaining a hazardous waste storage site permit. This shall not relieve any
generator from complying with any other rule or standard regarding storage of
hazardous waste.
     (3) The commission by rule may exempt
certain classes or types of hazardous waste generators from part or all of the
requirements upon generators adopted by the commission. Such an exemption can
only be made if the commission finds that, because of the quantity,
concentration, methods of handling or use of a hazardous waste, such a class or
type of generator is not likely either:
     (a) To cause or significantly contribute
to an increase in serious irreversible or incapacitating reversible illness; or
     (b) To pose a substantial present or
potential threat to human health or the environment.
     (4) The commission by rule may provide for
a special permit for the treatment of hazardous waste on the premises of a
generator. Such a special permit may be established only if such treatment has
no major adverse impact on:
     (a) Public health and safety; or
     (b) The environment of adjacent lands. [Formerly
459.445; 1987 c.540 §7]
     466.077
Fee for generators of hazardous waste to obtain identification number. (1) Generators of hazardous waste who are
required to obtain a United States Environmental Protection Agency identification
number from the Department of Environmental Quality pursuant to 40 C.F.R.
262.12 shall pay to the department a one-time processing fee of $200 at the
time of submitting an application for the identification number.
     (2) Fees paid under this section are
continuously appropriated to the department to pay the costs of implementing
ORS 466.005 to 466.385. [2003 c.654 §3]
     466.080
Rules for transportation of hazardous waste. In adopting rules governing transportation of any hazardous wastes for
which a permit is required, the Department of Transportation or the State
Department of Agriculture must consult with and consider the recommendations of
the Department of Environmental Quality prior to the adoption of any such
rules. Transporters shall be required to deliver hazardous wastes to a site
named in the manifest provided for in ORS 466.005 to 466.385, 466.990 (1) and
(2) and 466.992, or to an alternative site approved by the department. [Formerly
459.450; 1993 c.422 §22]
     466.085 [Formerly 459.455; repealed by 1987 c.540 §53
(466.086 enacted in lieu of 466.085)]
     466.086
Gaining federal authorization; rules. (1) The Environmental Quality Commission and the Department of
Environmental Quality are authorized to perform or cause to be performed any
act necessary to gain interim and final authorization of a hazardous waste
regulatory program under the provisions of the Federal Resource Conservation
and Recovery Act, P.L. 94-580 and the Hazardous and Solid Waste Amendments of
1984, P.L. 98-616 as amended, and federal regulations and interpretive and
guidance documents issued pursuant to the Federal Resource Conservation and
Recovery Act.
     (2) The commission may adopt, amend or
repeal any rule or license and the commission or department may enter into any
agreement necessary to implement this section. [1987 c.540 §54 (enacted in lieu
of 466.085)]
     466.090
Inspection and copying of records authorized; exceptions. (1) Except as provided in subsection (2) of
this section, any information filed or submitted pursuant to ORS 466.005 to
466.385 and 466.992 shall be made available for public inspection and copying
during regular office hours of the Department of Environmental Quality at the
expense of any person requesting copies.
     (2) Unless classified by the Director of the
Department of Environmental Quality as confidential, any records, reports or
information obtained under ORS 466.005 to 466.385 and 466.992 shall be
available to the public. Upon a showing satisfactory to the director by any
person that records, reports or information, or particular parts thereof, if
made public, would divulge methods or processes entitled to protection as trade
secrets of such person, the director shall classify as confidential such
record, report or information, or particular part thereof. However, such
record, report or information may be disclosed to other officers, employees or
authorized representatives of the state concerned with carrying out ORS 466.005
to 466.385 and 466.992 or when relevant in any proceeding under ORS 466.005 to
466.385 and 466.992.
     (3) Records, reports and information
obtained or used by the department or the Environmental Quality Commission in
administering the state hazardous waste program under ORS 466.005 to 466.385
and 466.992 shall be available to the United States Environmental Protection
Agency and the federal Agency for Toxic Substances and Disease Registry, upon
request. If the records, reports or information has been submitted to the state
under a claim of confidentiality, the state shall make that claim of
confidentiality to the Environmental Protection Agency and the Agency for Toxic
Substances and Disease Registry for the requested records, reports or
information. The federal agencies shall treat the records, reports or
information that is subject to the confidentiality claim as confidential in
accordance with applicable federal law. [Formerly 459.460; 1987 c.540 §8]
     466.095
Hazardous waste to be stored or treated at permitted site; exemptions. (1) Except as provided in ORS 466.075 (2),
no person shall:
     (a) Store a hazardous waste anywhere in
this state except at a permitted hazardous waste treatment, storage or disposal
site;
     (b) Establish, construct or operate a
hazardous waste storage site in this state without obtaining a hazardous waste
storage site permit issued pursuant to ORS 466.005 to 466.385, 466.990 (1) and
(2) and 466.992; or
     (c) Establish, construct or operate a
hazardous waste treatment site in this state without obtaining a hazardous
waste treatment site permit issued under ORS 466.005 to 466.385 and 466.992.
     (2) The Environmental Quality Commission
may exempt certain classes of hazardous waste storage or treatment sites from
part or all of the permitting requirements for these sites. Such an exemption
can only be made if the commission finds that, because of the quantity,
concentration or type of waste or duration of storage, such a class of storage
or treatment site is not likely to endanger the public health, welfare or
safety or the environment.
     (3) If the Director of the Department of
Environmental Quality finds an emergency condition to exist, the director may
authorize the short-term storage or treatment of a hazardous waste anywhere in
the state as long as such temporary storage or treatment shall not constitute a
hazard to public health, welfare or safety or to the environment. [Formerly
459.505; 1987 c.540 §9; 1993 c.422 §23]
     466.100
Disposal of waste restricted; permit required. (1) Except as provided in subsection (3) of
this section, no person shall dispose of any hazardous waste anywhere in this
state except at a hazardous waste disposal site permitted pursuant to ORS
466.110 to 466.170.
     (2) No person shall establish, construct
or operate a disposal site without a permit therefor issued pursuant to ORS
466.005 to 466.385 and 466.992.
     (3) The Department of Environmental
Quality may authorize disposal of specified hazardous wastes at specified solid
waste disposal sites operating under department permit issued pursuant to ORS
459.205 to 459.385. Such authorization may be granted only under procedures
approved by the Environmental Quality Commission, which shall include a
determination by the department that such disposal will not pose a threat to
public health, welfare or safety or to the environment. [Formerly 459.510; 1987
c.540 §21; 1993 c.560 §103]
     466.105
Duties of permittee. Each
hazardous waste storage or treatment site permittee shall be required to do the
following as a condition to holding the permit:
     (1) Maintain records of any hazardous
waste identified pursuant to provisions of ORS 466.005 to 466.385, 466.990 (1)
and (2) and 466.992 which is stored or treated at the site and the manner in
which such waste was stored or treated, transported and disposed of.
     (2) Report periodically to the Department
of Environmental Quality on types and volumes of wastes received, their manner
of disposition and waste minimization activities for any hazardous waste
generated on the premises.
     (3) Participate in the manifest system
designed by the department.
     (4) Maintain current contingency plans to
minimize damage from spillage, leakage, explosion, fire or other accidental or
intentional event.
     (5) Maintain sufficient liability
insurance or equivalent financial assurance in such amounts as determined by
the department to be reasonably necessary to protect the environment and the
health, safety and welfare of the people of this state.
     (6) Assure that all personnel who are
employed by the permittee are trained in proper procedures for handling,
transfer, transport, treatment and storage of hazardous waste including, but
not limited to, familiarization with all contingency plans.
     (7) Maintain other plans and exhibits and
take other actions pertaining to the site and its operation as determined by
the department to be reasonably necessary to protect the public health, welfare
or safety or the environment.
     (8) Restore, to the extent reasonably
practicable, the site to its original condition when use of the area is
terminated.
     (9) Maintain a cash bond or other
equivalent financial assurance in the name of the state in an amount estimated
by the department to be sufficient to cover any costs of closing the site,
including corrective actions, and monitoring it or providing for its security
after closure and to secure performance of all permit requirements. The
financial assurance shall remain available for the duration of the permit and
until the site is closed, except to the extent it is released or modified by
the department.
     (10) Provide corrective action, including
corrective action within the facility or beyond the facility boundary when
determined by the department to be necessary to protect public health, welfare,
safety or the environment, for all releases of hazardous wastes or constituents
of hazardous waste, occurring from locations within the facility or originating
within the facility and releasing beyond the facility boundary, regardless of
the time the hazardous waste was placed at the facility. The department shall
provide to the permittee a written directive for the necessary corrective
action. [Formerly 459.517; 1987 c.540 §10; 1993 c.422 §24]
     466.107
Action under ORS 466.105 against guarantor. (1) If a permittee is in bankruptcy, reorganization, or arrangement
under the Federal Bankruptcy Code or if, with reasonable diligence,
jurisdiction in any state court or any federal court cannot be obtained over a
permittee likely to be solvent at the time of judgment, any claim arising from
conduct for which evidence of financial responsibility is required under ORS
466.105 (5) and (9) may be asserted directly against the guarantor providing
the evidence of financial responsibility. In an action under this section, the
guarantor shall be entitled to all rights and defenses that would have been
available to the permittee if the action had been brought against the permittee
and that would have been available to the guarantor if the action had been
brought against the guarantor by the permittee.
     (2) The total liability of any guarantor
shall be limited to the aggregate amount the guarantor has provided as evidence
of financial responsibility to the permittee under ORS 466.105 (5) or (9).
Nothing in this section shall be construed to limit any other state or federal
statutory, constructual or common law liability of a guarantor to a permittee
including, but not limited to, the liability of a guarantor for bad faith
either in negotiating or in failing to negotiate the settlement of any claim.
     (3) As used in this section, “guarantor”
means any person other than the permittee, who provides evidence of financial
responsibility for a permittee under ORS 466.105 (5) or (9). [1987 c.540 §3]
     466.110
Application; form. (1) The
Department of Environmental Quality shall furnish an application form to anyone
who wishes to operate a hazardous waste storage or treatment site.
     (2) In addition to information requested
on the application form, the department shall also require the submission of
such information relating to the construction, development or establishment of
a proposed hazardous waste storage or treatment site and facilities to be
operated in conjunction therewith and such additional information, data and
reports as it deems necessary to make a decision on granting or denying a
license. [Formerly 459.535; 1987 c.540 §22]
     466.115
Required application information. Permit applications submitted to the Department of Environmental
Quality for managing, operating, constructing, developing or establishing a
hazardous waste disposal site must contain the following:
     (1) The management program for the
operation of the site, including the person to be responsible for the operation
of the site and a resume of the qualifications of the person, the proposed
method of disposal, the proposed method of pretreatment or decontamination upon
the site, if any, and the proposed emergency measures to be provided at such
site.
     (2) A description of the size and type of
facilities to be constructed upon the site, including the height and type of
fencing to be used, the size and construction of structures or buildings,
warning signs, notices and alarms to be used, the type of drainage and waste
treatment facilities and maximum capacity of such facilities, the location and
source of each water supply to be used and the location and the type of fire
control facilities to be provided at such site.
     (3) A preliminary engineering sketch and
flow chart showing proposed plans and specifications for the construction and
development of the site and the waste treatment and water supply facilities, if
any, to be used at such site.
     (4) The exact location and place where the
applicant proposes to operate and maintain the site, including the legal
description of the lands included within such site.
     (5) A preliminary geologist’s survey
report indicating land formation, location of water resources and direction of
the flows thereof and the opinion of the geologist relating to possible sources
of contamination of such water resources.
     (6) The names and addresses of the
applicantÂ’s current or proposed insurance carriers, including copies of
insurance policies then in effect. [Formerly 459.540; 1987 c.540 §23]
     466.120
Required application information to operate site. Applications for a permit to operate a
hazardous waste storage or treatment site shall include at a minimum:
     (1) The name and address of the applicant
and the exact location of the proposed storage or treatment site.
     (2) Estimates with respect to
compositions, quantities and concentrations of any hazardous waste identified
under ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, and the time,
frequency or rate at which such hazardous waste may be received, stored,
treated, transported or disposed.
     (3) A description of the operational plan
for the site, including handling methods, storage or treatment methods, hours
and days of operation and a preliminary engineering sketch showing layout of
the site, location of water supply and drainage facilities and traffic flow.
     (4) A description of security measures at
the site including, but not limited to, type, height and location of fencing,
manner for controlling access to the site, alarm systems and warning signs.
     (5) The name of any person who will be
responsible for managing the operation of the site and a statement of the
qualifications of such persons.
     (6) The name of the liability insurance
carrier who will provide coverage required in ORS 466.105. [Formerly 459.545;
1987 c.540 §24; 1993 c.422 §25]
     466.125
Notice of hearings on applications. (1) Prior to holding hearings on a hazardous waste disposal site permit
application, the Environmental Quality Commission shall cause notice to be
given in the county or counties where the proposed site is located in a manner
reasonably calculated to notify interested and affected persons of the permit
application.
     (2) The notice shall contain information
regarding the approximate location of the site and the type and amount of
materials intended for disposal at such site, and shall fix a time and place
for a public hearing. In addition, the notice shall contain a statement that
any person interested in or affected by the proposed site shall have
opportunity to testify at the hearing. [Formerly 459.550; 1987 c.540 §25]
     466.130
Public hearing in areas of proposed site required. The Environmental Quality Commission shall
conduct a public hearing in the county or counties where a proposed hazardous
waste disposal site is located and may conduct hearings at such other places as
the Department of Environmental Quality considers suitable. At the hearing the
applicant may present the application and the public may appear or be
represented in support of or in opposition to the application. [Formerly
459.560]
     466.135
Recommendations by state agencies on applications; effect. Upon receipt of an application for a
hazardous waste disposal site permit, the Department of Environmental Quality
shall cause copies of the application to be sent to affected state agencies,
including the Department of Human Services, the Public Utility Commission, the
State Fish and Wildlife Commission and the Water Resources Director. Each
agency shall respond by making a recommendation as to whether the permit
application should be granted. If the Department of Human Services recommends
against granting the permit, the Environmental Quality Commission must refuse
to issue the permit. Recommendation from other agencies shall be considered as
evidence in determining whether to grant the permit. [Formerly 459.570; 1987
c.540 §26]
     466.140
Review of applications; issuance. (1) The Department of Environmental Quality shall examine and review
all hazardous waste disposal site permit applications submitted to it and make
such investigations as it considers necessary, and make a recommendation to the
Environmental Quality Commission as to whether to issue the permit.
     (2) After reviewing the department’s
recommendations under subsection (1) of this section, the commission shall
decide whether or not to issue the permit. It shall cause notice of its
decision to be given to the applicant by certified mail at the address
designated in the application. The decision of the commission is subject to
judicial review under ORS 183.480. [Formerly 459.580; 1987 c.540 §27]
     466.145
Review of treatment applications; issuance. (1) The Department of Environmental Quality shall review and cause to
be investigated all hazardous waste treatment site permit applications
submitted to it.
     (2) After reviewing and investigating the
application, the department shall decide whether or not to issue the permit. It
shall cause notice of its decision to be given to the applicant by certified
mail at the address designated in the application. The decision of the
department is subject to review by the Environmental Quality Commission under
the provisions of ORS chapter 183 governing contested cases. [Formerly 459.585;
1987 c.540 §28]
     466.150
Permit requirements. Each
hazardous waste disposal site permittee under ORS 466.005 to 466.385 and
466.992 shall be required to do the following as a condition to holding the
permit:
     (1) Proceed expeditiously with and
complete the project in accordance with the plans and specifications approved
therefor pursuant to ORS 466.005 to 466.385 and 466.992 and the rules adopted
thereunder.
     (2) Commence operation, management or
supervision of the hazardous waste disposal site on completion of the project
and not to permanently discontinue such operation, management or supervision of
the site without the approval of the Department of Environmental Quality.
     (3) Maintain sufficient liability
insurance or equivalent financial assurance in such amounts as determined by
the department to be reasonably necessary to protect the environment, and the
health, safety and welfare of the people of this state.
     (4) Establish emergency procedures and
safeguards necessary to prevent accidents and reasonably foreseeable risks.
     (5) Restore, to the extent reasonably
practicable, the site to its original condition when use of the area is
terminated as a site.
     (6) Maintain a cash bond or other
equivalent financial assurance in the name of the state and in an amount
estimated by the department to be sufficient to cover any costs of closing the
site, including corrective actions, and monitoring it or providing for its
security after closure and to secure performance of permit requirements. The
financial assurance shall remain in effect for the duration of the permit and
until the end of the post-closure period, except as the assurance may be
released or modified by the department.
     (7) Report periodically on the volume of
material received at the site, the fees collected therefor and waste
minimization activities for any hazardous waste generated on the premises.
     (8) Maintain other plans and exhibits and
take other actions pertaining to the site and its operation as determined by
the department to be reasonably necessary to protect the public health, welfare
or safety or the environment. [Formerly 459.590; 1987 c.284 §1; 1987 c.540 §11;
1999 c.740 §5]
     466.153
Exemption from state or local laws for sale or deeding of land. The requirements of ORS chapters 92, 195 and
197 and other state and local laws for the sale or deeding of land do not apply
to:
     (1) Any portion of a hazardous waste
disposal site deeded to the state as a condition of issuance of a hazardous
waste disposal site license under ORS 466.150 (1) (1985 Replacement Part) that
the state deeds back to the licensee.
     (2) Any real property deeded to the state
as a condition of issuance of a PCB disposal facility license under ORS 466.320
(1) (1985 Replacement Part) that the state deeds back to the licensee. [1987
c.284 §5 and 1987 c.540 §55]
     Note: 466.153 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 466 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     466.155
Acquisition by condemnation.
The Environmental Quality Commission may acquire real property for the disposal
of hazardous wastes by instituting condemnation proceedings therefor to be
conducted in accordance with ORS chapter 35. [Formerly 459.595]
     466.160
Site permit fees; disposition; withdrawal by permittee. (1) The hazardous waste treatment, storage
or disposal site permit shall require a fee based either on the volume of
material accepted at the site or a percentage of the fee collected, or both.
The fees shall be calculated in amounts estimated to produce over the site use
period a sum sufficient to:
     (a) Secure performance of permit
requirements;
     (b) Close the site;
     (c) Provide for any monitoring or security
of the site after closure; and
     (d) Provide for any remedial action by the
state necessary after closure to protect the public health, welfare and safety
and the environment.
     (2) The amount so paid shall be held in a
separate account and when the amount paid in by the permittee together with the
earnings thereon equals the amount of the financial assurance required under
ORS 466.150 (6), the permittee shall be allowed to withdraw the financial
assurance.
     (3) If the site is closed before the fees
reach an amount equal to the financial assurance, appropriate adjustment shall
be made and the reduced portion of the financial assurance may be withdrawn. [Formerly
459.600; 1987 c.284 §3; 1987 c.540 §12]
     466.165
Annual fees; use. (1) An
annual fee may be required of every generator, air or water transporter and
permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an
amount determined by the Environmental Quality Commission to be adequate, less
any federal funds budgeted therefor by legislative action, to carry on the
monitoring, inspection and surveillance program established under ORS 466.195
and to cover related administrative costs.
     (2) A generator assessed an annual fee
established under subsection (1) of this section shall pay only that part of
the annual fee that exceeds the amount paid in the previous calendar year under
ORS 465.375 (3).
     (3) A generator assessed an annual fee
under subsection (1) of this section shall pay to the Department of
Environmental Quality, as part of the annual fee, an annual hazardous waste
generation fee of $130 per metric ton of waste generated during the year.
Notwithstanding the amount of waste generated during the year, the hazardous
waste generation fee paid under this subsection may not exceed $32,500.
     (4) The limitation on the hazardous waste
generation fee in subsection (3) of this section does not apply to late charges
assessed by the department for failure to pay the hazardous waste generation
fee by the due date.
     (5) Fees collected under this section are
continuously appropriated to the department to pay the cost of carrying on the
monitoring, inspection and surveillance program under ORS 466.195 and related
administrative costs. [Formerly 459.610; 1987 c.540 §29; 1991 c.721 §3; 2003
c.654 §6; 2007 c.84 §1]
     Note: Section 2, chapter 84, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
466.165 by section 1 of this 2007 Act apply to annual fees assessed on or after
the effective date of this 2007 Act [January 1, 2008] for waste generated on or
after January 1, 2007. [2007 c.84 §2]
     466.168
Annual fee for used oil processor. The Environmental Quality Commission may require every used oil
processor to pay an annual fee. The fee shall be in an amount determined by the
Environmental Quality Commission to be adequate to carry out used oil processor
technical assistance, monitoring and inspections necessary to implement the
used oil management requirements adopted by the commission under ORS 459A.590
and 466.086. [1997 c.576 §4]
     Note: 466.168 was added to and made a part of
466.005 to 466.385 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     466.170
Revocation of permit; judicial review. The Environmental Quality Commission may revoke any permit issued
under ORS 466.005 to 466.385 and 466.992 after public hearing upon a finding
that the permittee has violated any provision of ORS 466.005 to 466.385 and
466.992 or rules adopted pursuant thereto or any material condition of the
permit, subject to review under ORS chapter 183. [Formerly 459.620; 1987 c.540 §30]
     466.175
Disposition of site or facility after revocation; acquisition of site by
department. (1) If the
Environmental Quality Commission revokes a permit under ORS 466.170, the
commission may:
     (a) Close an existing hazardous waste
disposal site or facility; or
     (b) Direct the Department of Environmental
Quality to acquire an existing facility or site for the disposal, storage or
treatment of hazardous waste according to the provisions of subsection (2) of
this section.
     (2) The department may, upon direction of
the commission and upon payment of just compensation, acquire and own an
existing facility or site for use in the disposal, storage or treatment of
hazardous waste. In order to secure such a site, the commission may modify or
waive any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385,
466.990 (1) and (2) and 466.992, but not ORS 469.375 or 469.525, if it finds
that such waiver or modification:
     (a) Is necessary to make operation of the
facility or site economically feasible; and
     (b) Will not endanger the public health
and safety or the environment. [Formerly 459.635; 1987 c.540 §31; 1993 c.422 §26;
1993 c.560 §104]
     466.180
Department authority to limit storage, disposal or treatment. (1) The Department of Environmental Quality
may limit, prohibit or otherwise restrict the storage, treatment or disposal of
any hazardous waste if appropriate to protect public health, welfare or safety
or the environment or to prolong the useful life of a hazardous waste disposal
site.
     (2) The department shall monitor the
origin and volume of hazardous waste received at a hazardous waste treatment or
disposal site and may curtail or reduce the volume of the wastes that may be
accepted for disposal as necessary to prolong the useful life of the site.
     (3) The department may restrict or
prohibit the disposal of nonhazardous liquid waste in a hazardous waste
disposal site. [Formerly 459.640; 1987 c.540 §13]
     466.185
Investigation upon complaint; hearings; orders. (1) The Department of Environmental Quality
shall investigate any complaint made to it by any person that the operation of
any generator, air or water transporter or hazardous waste disposal, storage or
treatment site is unsafe or that the operation is in violation of the
provisions of ORS 466.005 to 466.385 and 466.992 or the rules adopted under ORS
466.005 to 466.385 and 466.992.
     (2) If, after making an investigation
under subsection (1) of this section, the department is satisfied that
sufficient grounds exist to justify a hearing upon the complaint, it shall give
10 daysÂ’ written notice of the time and place of the hearing and the matters to
be considered at the hearing. A copy of the complaint shall be furnished by the
department to the respondent. Both the complainant and the respondent are
entitled to be heard, produce evidence and offer exhibits and to require the
attendance of witnesses at the hearing.
     (3) An administrative law judge assigned
from the Office of Administrative Hearings established under ORS 183.605 shall
hear the matter. Within 30 days after the date of the hearing and after
considering all evidence and testimony submitted, the Environmental Quality
Commission shall make a specific order as it considers necessary. Any order
issued by the commission under this subsection shall be subject to judicial
review in the manner provided by ORS 183.480 for judicial review of orders in
contested cases. The costs of reporting and of transcribing the hearing for the
purpose of judicial review shall be paid by the party seeking judicial review. [Formerly
459.650; 1987 c.540 §32; 1999 c.849 §§93,94; 2003 c.75 §39]
     466.190
Investigation upon motion of department; findings and orders. (1) Whenever the Department of Environmental
Quality believes that the operation of any hazardous waste generator, air or
water transporter or disposal, storage or treatment site is unsafe, or in
violation of ORS 466.005 to 466.385 and 466.992 or not in compliance with rules
or orders, the department may, upon its own motion, investigate the operation
of the site.
     (2) The department may, after it has made
an investigation under subsection (1) of this section, without notice and
hearing, make such findings and orders as it considers necessary from the
results of its investigation.
     (3) The findings and orders made by the
department under subsection (2) of this section may:
     (a) Require changes in operations
conducted, practices utilized and operating procedures found to be in violation
of ORS 466.005 to 466.385 and 466.992 or the rules adopted thereunder.
     (b) Require compliance with the provisions
of the permit.
     (4) The department shall deliver a
certified copy of all orders issued by it under subsection (2) of this section
to the respondent or the respondentÂ’s duly authorized representative at the
address furnished to the department in the permit application. The order shall
take effect 20 days after the date of its issuance, unless the respondent
requests a hearing on the order before the Environmental Quality Commission
before the 20-day period has expired. The request for a hearing shall be
submitted in writing and shall include the reasons for requesting the hearing.
At the conclusion of the hearing, the commission may affirm, modify or reverse
the original order.
     (5) All hearings before the commission
shall be in compliance with applicable provisions of ORS chapter 183. Judicial
review of all orders entered after hearing or where no hearing is requested
shall be in accordance with the applicable provisions of ORS chapter 183 for
judicial review of contested cases. [Formerly 459.660; 1987 c.540 §33]
     466.195
Monitoring and surveillance program; inspection. (1) The Department of Environmental Quality
shall establish and operate a monitoring, inspection and surveillance program
over all hazardous waste generators, air or water transporters and disposal,
storage and treatment sites or may contract with any qualified public or
private agency to do so.
     (2) Any person who generates, stores,
treats, transports, disposes of or otherwise handles or has handled hazardous
waste, shall upon request of any officer, employee or representative of the
department, furnish information relating to such waste and permit such person
at all reasonable times to have access to and to copy all records relating to
such waste.
     (3) For the purposes of enforcing the
provisions of ORS 466.005 to 466.385, any officer, employee or representative
of the department may:
     (a) Enter at reasonable times any
establishment or other place where hazardous waste is or has been generated,
stored, treated, disposed of or transported from; and
     (b) Inspect and obtain samples from any
person of any such waste and samples of any containers or labeling for such
waste. [Formerly 459.670; 1987 c.540 §14]
     466.200
Procedure for emergencies.
(1) Whenever, in the judgment of the Department of Environmental Quality from
the results of monitoring or surveillance of operation of any generator, air or
water transporter or hazardous waste disposal, storage or treatment site, there
is reasonable cause to believe that a clear and immediate danger to the public
health, welfare or safety or to the environment exists from the continued
operation of the site, without hearing or prior notice, the department shall
order the operation of the site halted by service of the order on the site
superintendent.
     (2) Within 24 hours after the order is
served, the department must appear in the appropriate circuit court to petition
for the equitable relief required to protect the public health, welfare or
safety or the environment and may begin proceedings to revoke the permit if
grounds for revocation exist. [Formerly 459.680; 1987 c.540 §34]
     466.205
Liability for improper disposal of waste; costs; lien for department
expenditures. (1) Any person
owning a facility which generates, treats, stores or disposes of and any person
having the care, custody or control of a hazardous waste or a substance which
would be a hazardous waste except for the fact that it is not discarded,
useless or unwanted, who causes or permits any disposal of such waste or
substance in violation of law or otherwise than as reasonably intended for
normal use or handling of such waste or substance, including but not limited to
accidental spills thereof, shall be liable for the damages to person or
property, public or private, caused by such disposition.
     (2) It shall be the obligation of such
person to collect, remove or treat such waste or substance immediately, subject
to such direction as the Department of Environmental Quality may give.
     (3) If such person fails to collect,
remove or treat such waste or substance when under an obligation to do so as
provided by subsection (2) of this section, the department is authorized to
take such actions as are necessary to collect, remove or treat such waste or
substance.
     (4) The Director of the Department of
Environmental Quality shall keep a record of all necessary expenses incurred in
carrying out any cleanup projects or activities authorized under subsection (3)
of this section, including reasonable charges for services performed and
equipment and materials utilized.
     (5) Any person who fails to collect,
remove or treat such waste or substance immediately, when under an obligation
to do so as provided in subsection (2) of this section, shall be responsible
for the necessary expenses incurred by the state in carrying out a cleanup
project or activity authorized under subsections (3) and (4) of this section.
     (6) If the amount of state-incurred
expenses under subsections (3) and (4) of this section are not paid to the
department within 15 days after receipt of notice that such expenses are due
and owing, the Attorney General, at the request of the director, shall bring an
action in the name of the State of Oregon in any court of competent
jurisdiction to recover the amount specified in the final order of the
director.
     (7) All expenditures covered by this
section and all penalties and damages for which a person is liable to the state
under this chapter and ORS chapter 465 shall constitute a lien upon any real
and personal property owned by such person.
     (8) The department shall file a claim of
lien on real property to be charged with a lien under subsection (7) of this
section with the recording officer of each county in which the real property is
located and shall file a claim of lien on personal property to be charged with
a lien under subsection (7) of this section with the Secretary of State. The
lien shall attach and become enforceable on the date of such filing. The lien
claim shall contain:
     (a) A statement of the demand;
     (b) The name of the person against whose
property the lien attaches;
     (c) A description of the property charged
with the lien sufficient for identification; and
     (d) A statement of the failure of the
person to perform the cleanup or disposal, compliance and corrective action and
pay penalties and damages as required.
     (9) A lien created by this section may be
foreclosed by a suit on real and personal property in the circuit court in the
manner provided by law for the foreclosure of other liens.
     (10) Nothing in this section shall affect
the right of the state to bring an action against any person to recover all
costs and damages for which the person is liable under the provisions of this
chapter. [Formerly 459.685; 1987 c.540 §15]
     466.208
Requirement to reimburse department for costs associated with implementing
corrective action. In
accordance with the rules adopted by the Environmental Quality Commission under
ORS 466.045 (5), the permittee, owner or operator shall be responsible for
reimbursing the Department of Environmental Quality for the costs of the
department associated with the implementation of corrective action. [1997 c.576
§3]
     466.210
Actions or proceedings to enforce compliance. Whenever it appears to the Department of Environmental Quality that
any person is engaged or about to engage in any acts or practices which
constitute a violation of ORS 466.005 to 466.385 and 466.992 or the rules and
orders adopted thereunder or of the terms of the permit, without prior
administrative hearing, the department may institute actions or proceedings for
legal or equitable remedies to enforce compliance therewith or to restrain
further violations thereof. [Formerly 459.690; 1987 c.540 §35]
     466.215
Post-closure permit for disposal site; rules; fee. (1) At the time a hazardous waste disposal
site is closed, the person permitted under ORS 466.110 to 466.170 to operate
the site, must obtain a post-closure permit from the Department of
Environmental Quality.
     (2) A post-closure permit issued under
this section must be maintained until the end of the post-closure period
established by the Environmental Quality Commission by rule.
     (3) In order to obtain a post-closure
permit the permittee must provide post-closure care which shall include at
least the following:
     (a) Monitoring and security of the
hazardous waste disposal site; and
     (b) Any remedial action necessary to
protect the environment and the public health, welfare and safety.
     (4) The commission may by rule establish a
post-closure permit application fee. [Formerly 459.695; 1987 c.540 §36]
     466.225
Monitoring site; access. (1)
If the Department of Environmental Quality determines that the presence of
hazardous waste at a facility or site at which hazardous waste is or has been
stored, treated or disposed of, or that the release of hazardous waste from a
hazardous waste storage, treatment or disposal facility or site may present a
substantial hazard to human health or the environment, the department may order
the owner or operator of the facility or site to conduct any monitoring,
testing, analysis and reporting as the department considers necessary to
determine the nature and extent of the hazard.
     (2) If a facility or site is not in
operation at the time a determination is made under subsection (1) of this
section and the department finds that the owner of the facility or site could
not reasonably be expected to have actual knowledge of the presence of hazardous
waste at the facility or site and of its potential for release, the department
may order the most recent previous owner or operator of the facility or site,
who could most reasonably be expected to have such actual knowledge, to carry
out the actions required in subsection (1) of this section.
     (3) Within 30 days after the department
issues an order under subsection (1) or (2) of this section, the person to whom
the order is issued shall submit to the department a proposal for carrying out
the required monitoring, testing, analysis and reporting. The department may
require the person to carry out the monitoring, testing, analysis and reporting
described in the proposal and in any modifications to the proposal that the
department considers necessary to determine the nature and extent of the
hazard.
     (4) If the department determines that an
owner or operator is not able to conduct monitoring, testing, analysis or
reporting required under subsection (1) or (2) of this section in a manner
satisfactory to the department, or if the department considers any such action
carried out by an owner or operator to be unsatisfactory, or if the owner or
operator fails to comply with the order, or if the department initially cannot
determine that there is an owner or operator able to conduct such monitoring,
testing, analysis or reporting, the department may:
     (a)(A) Conduct any monitoring, testing or
analysis that the department considers reasonable to determine the nature and
extent of the hazard associated with the facility or site; or
     (B) Authorize another state agency, local
authority or person to conduct the necessary monitoring, testing or analysis;
and
     (b) Require, by order, the owner or
operator to reimburse the department, state agency, local authority or person
for the costs of conducting the monitoring, testing or analysis.
     (5) The department may not require an
owner or operator to reimburse the department for the costs of any action
carried out by the department under subsection (4) of this section if the
departmentÂ’s actions confirm the results of monitoring, testing, analyses or
reporting conducted by an owner or operator under subsection (1) or (2) of this
section.
     (6) Any order issued under this section
shall be subject to the provisions set forth in ORS 466.190 and 466.200.
     (7) In order to carry out the provisions
of this section, the owner or operator of the site or facility shall allow
necessary access according to the requirements of ORS 466.195 to the department
or any state agency, local authority or person conducting the monitoring,
testing or analysis required under subsection (4)(a) of this section. [1987
c.540 §2]
(PCB Disposal
Facilities)
     466.250
Definition of “PCB disposal facility.” As used in ORS 466.250, 466.255 (2) and (3) and 466.260 to 466.350, “PCB
disposal facility” includes a facility for the treatment or disposal of PCB. [1985
c.670 §13]
     466.255
Disposal of PCB restricted; permit required for PCB disposal facility. (1) No new PCB disposal facility shall be
constructed on or after January 1, 1985, without first complying with ORS
466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
     (2) No person shall treat or dispose of
any PCB anywhere in this state except at a PCB disposal facility operating
under a permit pursuant to ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3)
and 466.260 to 466.350.
     (3) No person shall establish, construct
or operate a PCB disposal facility without a permit therefor issued under ORS
466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. [1985
c.670 §§14,43; 1987 c.540 §37]
     466.260
Duties of department. The
Department of Environmental Quality shall:
     (1) Provide for the administration,
enforcement and implementation of ORS 466.025 to 466.065, 466.250, 466.255 (2)
and (3) and 466.260 to 466.350 and may perform all functions necessary:
     (a) To regulate the operation and
construction of a PCB disposal facility; and
     (b) For the permitting of a PCB disposal
facility in consultation with the appropriate county governing body or city
council.
     (2) Coordinate and supervise all functions
of state and local governmental agencies engaged in activities subject to the
provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260
to 466.350. [1985 c.670 §15; 1987 c.540 §38]
     466.265
Rules for regulation of PCB disposal. In accordance with applicable provisions of ORS chapter 183, the
Environmental Quality Commission shall:
     (1) Adopt rules and issue orders,
including but not limited to establishing minimum requirements for the disposal
of PCB, minimum requirements for operation, maintenance, monitoring, reporting
and supervision of disposal facilities, and requirements and procedures for
selection of such facilities.
     (2) Adopt rules and issue orders relating
to the procedures of the Department of Environmental Quality with respect to
hearings, filing of reports, submission of plans and the issuance, revocation
and modification of permits issued under ORS 466.005 to 466.385. [1985 c.670 §16;
1987 c.158 §88; 1987 c.540 §39]
     466.270
Criteria for rules; study of disposal methods. (1) In adopting rules under ORS 466.265
regulating the disposal of PCB including, but not limited to, rules for the
operation and maintenance of a PCB disposal facility, the Environmental Quality
Commission shall provide for the best practicable disposal of the PCB in a
manner that will minimize the possibility of adverse effects on the public
health and safety or environment.
     (2) The Department of Environmental
Quality shall investigate and analyze in detail the disposal methods and
procedures required to be adopted by rule under subsection (1) of this section
and ORS 466.265 and shall report its findings and recommendations to the
commission. [1985 c.670 §17]
     466.275
Permit application for PCB disposal facility. Permit applications submitted to the Department of Environmental
Quality for managing, operating, constructing, developing or establishing a PCB
disposal facility must contain the following:
     (1) The management program for the operation
of the facility including the person to be responsible for the operation of the
facility and a resume of the personÂ’s qualifications, the proposed method of
disposal, the proposed method of pretreatment or decontamination of the
facility, if any, and the proposed emergency measures to be provided at the
facility.
     (2) A description of the size and type of
facility to be constructed, including the height and type of fencing to be
used, the size and construction of structures or buildings, warning signs, notices
and alarms to be used, the type of drainage and waste treatment facilities and
maximum capacity of such facilities, the location and source of each water
supply to be used and the location and the type of fire control facilities to
be provided at the facility.
     (3) A preliminary engineering sketch and
flow chart showing proposed plans and specifications for the construction and
development of the disposal facility and the waste treatment and water supply
facilities, if any, to be used at the facility.
     (4) The exact location and place where the
applicant proposes to operate and maintain the PCB disposal facility, including
the legal description of the lands included within the facility.
     (5) A geologist’s survey report indicating
land formation, location of water resources and direction of the flows thereof
and the geologistÂ’s opinion relating to the potential of contamination of water
resources including but not limited to possible sources of such contamination.
     (6) The names and addresses of the applicant’s
current or proposed insurance carriers, including copies of insurance policies
then in effect. [1985 c.670 §18; 1987 c.540 §40]
     466.280
Copies of application to be sent to affected state agencies. Upon receipt of an application for a PCB
disposal facility permit, the Department of Environmental Quality shall cause
copies of the application to be sent to affected state agencies, including the
Department of Human Services, the Public Utility Commission, the State Fish and
Wildlife Commission and the Water Resources Director. Each agency shall respond
within the period specified by the Department of Environmental Quality by
making a written recommendation as to whether the permit application should be
granted. Recommendation from other agencies shall be considered in determining
whether to grant the permit. [1985 c.670 §19; 1987 c.540 §41]
     466.285
Notice of hearings on application. (1) Prior to holding hearings on a PCB disposal facility permit
application, the Environmental Quality Commission shall cause notice to be
given in the county or counties where the proposed facility is to be located in
a manner reasonably calculated to notify interested and affected persons of the
permit application.
     (2) The notice shall contain information
regarding the approximate location of the facility and the type and amount of
PCB intended for disposal at the facility, and shall fix a time and place for a
public hearing. In addition, the notice shall contain a statement that any
person interested in or affected by the proposed PCB disposal facility shall
have opportunity to testify at the hearing. [1985 c.670 §20; 1987 c.540 §42]
     466.290
Public hearing in area of proposed facility required. The Environmental Quality Commission shall
conduct a public hearing in the county or counties where a proposed PCB
disposal facility is located and may conduct hearings at other places as the
Department of Environmental Quality considers suitable. At the hearing the
applicant may present the application and the public may appear or be
represented in support of or in opposition to the application. [1985 c.670 §21]
     466.295
Examination of applications; recommendation to commission; decision as to issuance;
notice to applicant. (1) At
the close of the application period under ORS 466.040, the Department of
Environmental Quality shall examine and review all PCB disposal facility permit
applications submitted to the Environmental Quality Commission and make such
investigations as the department considers necessary, and make a recommendation
to the commission as to whether to issue the permit.
     (2) After reviewing the department’s
recommendations under subsection (1) of this section, the commission shall
decide whether or not to issue the permit. It shall cause notice of its
decision to be given to the applicant by certified mail at the address
designated in the application. The decision of the commission is subject to
judicial review under ORS 183.480. [1985 c.670 §22; 1987 c.540 §43]
     466.300
Restrictions on commission authority to issue permit. The Environmental Quality Commission may not
issue a permit under ORS 466.295 for any facility designed to dispose of PCB by
incineration unless:
     (1) The facility is also equipped to
incinerate hazardous waste; and
     (2) The applicant has received all federal
and state licenses and permits required to operate a hazardous waste
incinerator. [1985 c.670 §23; 1987 c.540 §44]
     466.305
Investigation of complaints; hearing; order.(1) The Department of Environmental Quality shall investigate any complaint
made to it by any person that the operation of any PCB disposal facility is
unsafe or that the operation is in violation of a condition of the operatorÂ’s
permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and
(3) and 466.260 to 466.340 or the rules adopted under ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a
complaint, the department shall furnish a copy of the complaint to the person
holding the permit to operate the PCB disposal facility.
     (2) If, after making an investigation
under subsection (1) of this section, the department is satisfied that
sufficient grounds exist to justify a hearing upon the complaint, it shall give
10 daysÂ’ written notice of the time and place of the hearing and the matters to
be considered at the hearing. Both the complainant and the respondent are
entitled to be heard, produce evidence and offer exhibits and to require the
attendance of witnesses at the hearing.
     (3) An administrative law judge assigned
from the Office of Administrative Hearings established under ORS 183.605 shall
hear the matter. Within 30 days after the date of the hearing and after
considering all evidence and testimony submitted, the Environmental Quality
Commission shall make a specific order as it considers necessary. Any order
issued by the commission under this subsection shall be subject to judicial
review in the manner provided by ORS 183.480 for judicial review of orders in
contested cases. The costs of reporting and of transcribing the hearing for the
purpose of judicial review shall be paid by the party seeking judicial review. [1985
c.670 §24; 1987 c.540 §45; 1999 c.849 §§96,97; 2003 c.75 §40]
     466.310
Monitoring, inspection and surveillance program; access to facility and records. The Department of Environmental Quality
shall establish and operate a monitoring, inspection and surveillance program
over all PCB disposal facilities or may contract with any qualified public or
private agency other than the owner or permittee to do so. Owners and operators
of a PCB disposal facility must allow necessary access to the PCB disposal
facility and to its records, including those required by other public agencies,
for the monitoring, inspection and surveillance program to operate. [1985 c.670
§25; 1987 c.540 §46]
     466.315
Procedure for emergency. (1)
Whenever, in the judgment of the Department of Environmental Quality, there is
reasonable cause to believe that a clear and immediate danger to the public
health or safety or to the environment exists from the continued operation of
the facility, without hearing or prior notice, the department shall order the
operation of the facility halted by service of the order on the facility
operator or an agent of the operator.
     (2) Within 24 hours after the order is
served, the department must appear in the appropriate circuit court to petition
for the equitable relief required to protect the public health or safety or the
environment and may begin proceedings to revoke the permit if grounds for
revocation exist. [1985 c.670 §26; 1987 c.540 §47]
     466.320
Conditions for holding permit.
Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,
466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the
following as a condition to holding the permit:
     (1) Proceed expeditiously with and
complete the project in accordance with the plans and specifications approved
and the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and
(3) and 466.260 to 466.350.
     (2) Commence operation, management or
supervision of the PCB disposal facility on completion of the project and not
to permanently discontinue the operation, management or supervision of the
facility without the approval of the Department of Environmental Quality.
     (3) Maintain sufficient liability
insurance or equivalent financial assurance in such amounts as determined by
the department to be reasonably necessary to compensate for damage to the
public health and safety and environment.
     (4) Establish emergency procedures and
safeguards necessary to prevent accidents and reasonably foreseeable risks.
     (5) Restore, to the extent reasonably
practicable, the area of the facility to its original condition when use of the
area is terminated as a facility.
     (6) Maintain a cash bond or other
equivalent financial assurance in the name of the state and in an amount
estimated by the department to be sufficient to cover any costs of closing the
facility and monitoring it or providing for its security after closure, to
secure performance of permit requirements and to provide for any remedial
action by the state necessary to protect the public health and safety and the
environment following facility closure. The financial assurance shall remain on
deposit for the duration of the permit and until the end of the post-closure
period, except as the assurance may be released or modified by the department.
     (7) Report periodically to the department
on the volume and types of PCB received at the facility, their manner of
disposition and the fees collected therefor.
     (8) Maintain other plans and exhibits
pertaining to the facility and its operation as determined by the department to
be reasonably necessary to protect the public health or safety or the
environment.
     (9) Maintain records of any PCB identified
under provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and
466.260 to 466.350 which is stored, treated or disposed of at the facility and
the manner in which the PCB was stored, treated, transported or disposed of.
The records shall be retained for the period of time determined by the
Environmental Quality Commission.
     (10) Assure that all personnel who are
employed by the permittee are trained in proper procedures for handling,
transfer, transport, treatment, disposal and storage of PCB including but not
limited to familiarization with all contingency plans.
     (11) If disposal is by incineration, the
facility must also incinerate a reasonable ratio of hazardous waste. [1985
c.670 §27; 1987 c.284 §2; 1987 c.540 §48]
     466.325
Annual fee. An annual fee
may be required of every PCB disposal facility permittee under ORS 466.025 to
466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. The fee shall be
in an amount determined by the Environmental Quality Commission to be adequate
to carry on the monitoring, inspection and surveillance program established
under ORS 466.310 and to cover related administrative costs. All such fees are
continuously appropriated to the Department of Environmental Quality to pay the
cost of the program under ORS 466.310. [1985 c.670 §28; 1987 c.540 §49]
     466.330
Acquisition by state of real property for disposal of PCB. The Environmental Quality Commission may
acquire real property for the disposal of PCB by instituting condemnation
proceedings therefor to be conducted in accordance with ORS chapter 35. [1985
c.670 §29]
     466.335
Consequences of revocation.
(1) If the Environmental Quality Commission revokes a PCB disposal facility
permit under ORS 466.170, the commission may:
     (a) Close the existing PCB disposal site
or facility; or
     (b) Direct the Department of Environmental
Quality to acquire an existing facility or site for the disposal or treatment
of PCB according to the provisions of subsection (2) of this section.
     (2) The department may, upon direction
from the commission and after payment of just compensation, acquire and own an
existing facility for use in the disposal of PCB. In order to secure such a
facility, the commission may modify or waive any of the requirements of ORS
chapter 459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but
not ORS 469.375 or 469.525, if the commission finds that waiver or
modification:
     (a) Is necessary to make operation of the
facility economically feasible; and
     (b) Will not endanger the public health
and safety or the environment. [1985 c.670 §30; 1987 c.540 §50; 1993 c.422 §27;
1993 c.560 §105]
     466.340
Restrictions on treatment or disposal of PCB at facility. (1) The Department of Environmental Quality
may limit, prohibit or otherwise restrict the treatment or disposal of PCB at a
disposal facility if appropriate to protect public health and safety or the
environment.
     (2) The department shall monitor the
origin and volume of PCB received at a disposal facility acquired and regulated
under ORS 466.335, and may curtail or reduce the volume of the PCB that may be
accepted for disposal as necessary to:
     (a) Protect public health and safety or
the environment; or
     (b) Assure that the operation of the
facility is economically feasible.
     (3) The department shall not accept any
PCB at a disposal facility owned by the state from a state that is not a party
to the Northwest Interstate Compact on Low-Level Radioactive Waste Management
as set forth in ORS 469.930. [1985 c.670 §31]
     466.345
PCB facility permit fee. (1)
The PCB disposal facility permit shall require a fee based either on the volume
of PCB accepted at the facility or a percentage of the fee collected, or both.
The fees shall be calculated in amounts estimated to produce over the facility
use period a sum sufficient to:
     (a) Secure performance of permit
requirements;
     (b) Close the facility;
     (c) Provide for any monitoring or security
of the facility after closure; and
     (d) Provide for any remedial action by the
state necessary after closure to protect the public health and safety and the
environment.
     (2) The amount so paid shall be held in a
separate account and when the amount paid in by the permittee together with the
earnings thereon equals the amount of the financial assurance required under
ORS 466.320, the permittee shall be allowed to withdraw the financial
assurance.
     (3) If the facility is closed before the
fees reach an amount equal to the financial assurance, appropriate adjustment
shall be made and the reduced portion of the financial assurance may be
withdrawn. [1985 c.670 §32; 1987 c.284 §4; 1987 c.540 §51]
     466.350
Post-closure permit; fee.
(1) At the time a PCB disposal facility is closed, the person permitted under
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to
operate the facility must obtain a post-closure permit from the Department of
Environmental Quality.
     (2) A post-closure permit issued under
this section must be maintained until the end of the post-closure period
established by the Environmental Quality Commission by rule.
     (3) In order to obtain a post-closure
permit the permittee must provide post-closure care which shall include at
least the following:
     (a) Monitoring and security of the PCB
disposal facility; and
     (b) Any remedial action necessary to
protect the public health and safety and environment.
     (4) The commission may by rule establish a
post-closure permit application fee. [1985 c.670 §33; 1987 c.540 §52]
     466.355
Interstate cooperation regarding toxics use and hazardous waste reduction
programs. (1) The Department
of Environmental Quality shall work with representatives of the States of
Washington, Idaho and Alaska to establish provisions in each state to assure
that any generator disposing of hazardous waste or PCB at an Oregon hazardous
waste or PCB disposal facility has implemented a toxics use reduction and
hazardous waste reduction program substantially equivalent to any toxics use
reduction and hazardous waste reduction program required of Oregon generators.
     (2) The department shall report to the
appropriate legislative interim committee on the departmentÂ’s progress in
carrying out the purpose of subsection (1) of this section. [1989 c.833 §100]
     466.357
Requirements for certain generators of hazardous waste. Any person operating a hazardous waste or
PCB disposal facility pursuant to a permit issued under ORS 466.005 to 466.385
shall not accept hazardous waste or PCB from an Oregon generator unless the
generator first certifies that the generator has implemented a toxics use
reduction and hazardous waste reduction program as required under Oregon law,
or with respect to an out-of-state generator, the generator has certified
compliance with the waste minimization requirements of section 224(a) of the
Hazardous and Solid Waste Amendments of 1984, P.L. 98-616. [1989 c.833 §99]
NOTICE OF
ENVIRONMENTAL HAZARDS
     466.360
Policy. (1) The Legislative
Assembly finds that:
     (a) Disposal sites exist on certain lots
or parcels of real property within Oregon that may restrict future land
development or constitute a potential hazard to the health, safety and welfare
of OregonÂ’s citizens, particularly if present or future owners use or modify
the parcels without taking into consideration the use restrictions or
environmental hazards posed by the former disposal activity.
     (b) Permits, licenses and approvals that
have been or may be granted by the Environmental Quality Commission, the
Department of Environmental Quality or the Energy Facility Siting Council
authorizing disposal of waste upon real property protect the health, safety and
welfare of Oregon citizens only if adequate notice of post-closure use
restrictions is given to future purchasers of the real property.
     (c) Disposal sites created prior to
regulation may be potentially hazardous if use restrictions are not imposed.
     (d) Proper precautions and maintenance
cannot be taken and continued unless the location of the disposal site, the
nature and extent of its potential hazard and use restrictions are known to
cities and counties and those who own and occupy the property.
     (2) It is hereby declared to be the public
policy of this state to give notice to local governments of potential hazardous
disposal sites and to impose use restrictions on those sites. [1985 c.273 §2]
     466.365
Commission authority to establish sites for which notice is required;
rulemaking; report to Legislative Assembly. (1) The Environmental Quality Commission may establish by rule adopted
under ORS chapter 183:
     (a) A list of sites for which
environmental hazard notices must be given and use restrictions must be
imposed. The list shall be consistent with the policy set forth in ORS 466.360
and may include any of the following sites that contain potential hazards to
the health, safety and welfare of
     (A) A land disposal site as defined by ORS
459.005;
     (B) A hazardous waste disposal site as
defined by ORS 466.005;
     (C) A disposal site containing radioactive
waste as defined by ORS 469.300; and
     (D) A facility.
     (b) The form and content of use restrictions
to be imposed on the sites, which shall require at least that post-closure use
of the site not disturb the integrity of the final cover, liners or any other
components of any containment system or the function of the facilityÂ’s
monitoring systems, unless the Department of Environmental Quality finds that
the disturbance:
     (A) Will not increase the potential hazard
to human health or the environment; or
     (B) Is necessary to reduce a threat to
human health or the environment.
     (c) The form and content of the
environmental hazard notices to be filed with cities and counties.
     (d) The circumstances allowing and
procedures for removal or amendment of environmental hazard notices and use
restrictions provided by the department.
     (e) Any other provisions the commission
considers necessary for the department to accomplish the purpose of ORS 466.360
to 466.385.
     (2) Spills and releases cleaned up
pursuant to ORS 466.205 and 468B.315 shall not be listed as sites to be
regulated under subsection (1) of this section.
     (3) Before hearings on and adoption of
rules under subsection (1) of this section, the department shall notify each
person who owns a disposal site or an owner or operator of a facility of the
rulemaking proceedings.
     (4) The department shall report to each
Legislative Assembly on any site or facility for which environmental hazard
notices and use restrictions have been amended or removed as provided by rule
adopted under subsection (1)(d) of this section.
     (5) The commission shall not list a site, spill
or release under subsection (1) of this section, if the commission finds that
within 90 days of receipt of notice under subsection (3) of this section, the
owner cleaned up the site, spill or release so it is no longer a potential
hazard to the health, safety and welfare of OregonÂ’s citizens.
     (6) As used in this section, “facility”
has the meaning given in ORS 465.200. [1985 c.273 §3; 1987 c.735 §25; 1991
c.480 §10]
     466.370
Notice to owner; hearing; filing of notice if no objection. (1) The Department of Environmental Quality
shall notify by certified mail any person who owns a lot or parcel upon which a
disposal site listed under ORS 466.365 exists. The notice shall:
     (a) Describe the disposal site and
potentially hazardous environmental conditions;
     (b) Describe the use restrictions that
will be imposed;
     (c) Explain that an environmental hazard
notice will be sent to the appropriate city or county under ORS 466.375; and
     (d) Advise the person of the procedure for
requesting a hearing under subsection (2) of this section.
     (2) If any person receiving notice under
subsection (1) of this section objects to the use restrictions, the person may
request a hearing before the Environmental Quality Commission. The request
shall be in writing and must be submitted to the department within 20 days
after the person receives the notice under subsection (1) of this section. The
hearing shall be conducted according to the provisions for a contested case
hearing in ORS 183.413 to 183.497.
     (3) If no hearing is requested within 20
days after receipt of the notice, the department shall file the environmental
hazard notice with the appropriate city or county. [1985 c.273 §4]
     466.375
Filing of notice; content of notice. The Department of Environmental Quality shall file an environmental
hazard notice with the city or county in which a site listed under ORS 466.365
(1) is located. The notice shall contain the following information:
     (1) A description of the lot or parcel
upon which the disposal site is located;
     (2) The restrictions that apply to
post-closure use of the property; and
     (3) Information regarding the potential
environment hazards posed by the disposal site to assist the city or county in
complying with ORS 466.385. [1985 c.273 §5]
     466.380
Interagency agreement for notices for radioactive waste disposal sites. The Department of Environmental Quality and
the State Department of Energy shall enter into an interagency agreement
providing for the implementation of the provisions of ORS 466.360 to 466.385
relating to radioactive waste disposal sites. [1985 c.273 §6]
     466.385
Amendment of comprehensive plan and land use regulations; model language;
appeal of land use decision related to site requiring notice. (1) By the first periodic review after
development of model language under subsection (2) of this section, the
governing body of a city or county shall amend its comprehensive plan and land
use regulations as provided in ORS 197.610 to 197.650 to establish and
implement policies regarding potentially hazardous environmental conditions on
sites listed under ORS 466.365. The land use regulations shall provide that:
     (a) The city or county shall not approve
any proposed use of a disposal site for which the city or county has received
notice under ORS 466.370 until the Department of Environmental Quality has been
notified and provided the city or county with comments on the proposed use; and
     (b) Within 120 days of receipt of an
environmental hazard notice from the Department of Environmental Quality, the
city or county shall amend its zoning maps to identify the disposal site.
     (2) The Department of Environmental
Quality and the Department of Land Conservation and Development shall:
     (a) Develop model language for
comprehensive plans and land use regulations for use by cities and counties in
complying with this section; and
     (b) Provide technical assistance to cities
and counties in complying with ORS 466.360 to 466.385.
     (3) The Department of Environmental
Quality may appeal to the Land Use Board of Appeals any final land use decision
or limited land use decision made by a city or county regarding any proposed
use of a disposal site that has been identified under its comprehensive plan
and land use regulations pursuant to this section. [1985 c.273 §7; 1991 c.612 §22;
1991 c.817 §30; 2001 c.672 §12]
     466.450 [1987 c.86 §1; repealed by 1997 c.16 §3]
     466.455 [1987 c.86 §2; repealed by 1997 c.16 §3]
     466.460 [1987 c.86 §3; repealed by 1997 c.16 §3]
USE OF PCB
     466.505
Definitions for ORS 466.505 to 466.530. As used in ORS 466.505 to 466.530:
     (1) “PCB” means the class of chlorinated
biphenyl, terphenyl, higher polyphenyl, or mixtures of these compounds,
produced by replacing two or more hydrogen atoms on the biphenyl, terphenyl, or
higher polyphenyl molecule with chlorine atoms. “PCB” does not include
chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these
compounds, that have functional groups attached other than chlorine unless that
functional group on the chlorinated biphenyls, terphenyls, higher polyphenyls,
or mixtures thereof of these compounds, is determined to be dangerous to the
public health under ORS 466.525.
     (2) “Ppm” means parts per million. [Formerly
468.900]
     466.510
     (2) The commission by rule may prescribe a
lower maximum concentration of PCB for specific items, products or materials if
it finds the 100 ppm concentration specified in subsection (1) of this section
to be inadequate to protect the public health from the toxic dangers of the PCB
contained in that item, product or material. However, an item, product or
material for which a lower maximum concentration of PCB is prescribed by
federal law, rule or regulation shall not be allowed a concentration of PCB
higher than that federal maximum. [Formerly 468.903; 2007 c.71 §147]
     466.515
Electric transformers or capacitors exempted; rules. Notwithstanding ORS 466.510:
     (1) PCB or an item, product or material
containing PCB may be sold for use or used in this state if it is used in a
closed system as a dielectric fluid for an electric transformer or capacitor
pursuant to rules of the commission to insure the public health. However, upon
adequate documentation of the availability of reasonable substitutes which meet
performance standards and environmental acceptability, the commission after
public hearing by rule may modify these exclusions in whole or in part by
requiring the phasing in of the substitute or substitutes.
     (2) An item, product or material
containing PCB may be manufactured for sale, sold for use or used in this state
pursuant to an exemption certificate issued by the department under ORS
466.520. [Formerly 468.906]
     466.520
Exemption certificates; applications; conditions. (1) A person may make written application to
the department for an exemption certificate on forms provided by the
department. The department may require additional information or materials to
accompany the application as it considers necessary for an accurate evaluation
of the application.
     (2) The department shall grant an
exemption for residual amounts of PCB remaining in electric transformer cores
after the PCB in a transformer is drained and the transformer is filled with a
substitute approved under ORS 466.515.
     (3) The department may grant an exemption
for an item, product or material manufactured for sale, sold for use, or used
by the person if the item, product or material contains incidental
concentrations of PCB.
     (4) In granting a certificate of
exemption, the department shall impose conditions on the exemption in order
that the exemption covers only incidental concentrations of PCB.
     (5) As used in this section, “incidental
concentrations of PCB” means concentrations of PCB which are beyond the control
of the person and which are not the result of the person having:
     (a) Exposed the item, product or material
to concentrations of PCB.
     (b) Failed to take reasonable measures to
rid the item, product or material of concentrations of PCB.
     (c) Failed to use a reasonable substitute
for the item, product or material for which the exemption is sought. [Formerly
468.909]
     466.525
Additional PCB compounds may be prohibited by rule. The commission after hearing by rule may
include as a PCB and regulate accordingly any chlorinated biphenyls, terphenyls,
higher polyphenyls, or mixtures of these compounds that have functional groups
attached other than chlorine if that functional group on the chlorinated
biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds is
found to constitute a danger to public health. [Formerly 468.912]
     466.530
Prohibited disposal of waste containing PCB. After October 4, 1977, a person shall not dispose of solid or liquid
waste resulting from the use of PCB or an item, product or material containing
or which has contained a concentration equal to or greater than 100 ppm of PCB
except in conformity with rules of the commission adopted pursuant to ORS
466.005 to 466.385 and 466.992. [Formerly 468.921]
     466.540 [1987 c.539 §52; 1987 c.735 §1; 1989 c.171 §60;
renumbered 465.200 in 1989]
     466.547 [1987 c.735 §2; renumbered 465.205 in 1989]
     466.550 [1987 c.735 §3; renumbered 465.210 in 1989]
     466.553 [1987 c.735 §4; renumbered 465.400 in 1989]
     466.555 [1987 c.735 §5; renumbered 465.420 in 1989]
     466.557 [1987 c.735 §6; 1989 c.485 §1; renumbered
465.215 in 1989]
     466.560 [1987 c.735 §7; 1989 c.485 §9; renumbered
465.220 in 1989]
     466.563 [1987 c.735 §8; 1989 c.485 §10; renumbered
465.245 in 1989]
     466.565
[1987 c.735 §9; renumbered
465.250 in 1989]
     466.567 [1987 c.735 §10; renumbered 465.255 in 1989]
     466.570 [1987 c.735 §11; renumbered 465.260 in 1989]
     466.573 [1987 c.735 §12; renumbered 465.315 in 1989]
     466.575 [1987 c.735 §13; renumbered 465.320 in 1989]
     466.577 [1987 c.735 §14; renumbered 465.325 in 1989]
     466.580 [1987 c.735 §15; renumbered 465.330 in 1989]
     466.583 [1987 c.735 §16; renumbered 465.335 in 1989]
     466.585 [1987 c.735 §17; renumbered 465.340 in 1989]
     466.587 [1987 c.735 §18; 1989 c.485 §11; renumbered
465.375 in 1989]
     466.590 [1987 c.735 §19; 1989 c.833 §§113,169; 1989
c.966 §53; renumbered 465.380 in 1989]
SPILL
RESPONSE AND CLEANUP OF HAZARDOUS MATERIALS
     466.605
Definitions for ORS 466.605 to 466.680. As used in ORS 466.605 to 466.680 and 466.990 (3) and (4):
     (1) “Barrel” means 42
     (2) “Cleanup” means the containment,
collection, removal, treatment or disposal of oil or hazardous material; site
restoration; and any investigations, monitoring, surveys, testing and other
information gathering required or conducted by the Department of Environmental
Quality.
     (3) “Cleanup costs” means all costs
associated with the cleanup of a spill or release incurred by the state, its
political subdivision or any person with written approval from the department
when implementing ORS 466.205, 466.605 to 466.680, 466.990 (3) and (4) and
466.995 (2) or 468B.320.
     (4) “Commission” means the Environmental
Quality Commission.
     (5) “Department” means the Department of
Environmental Quality.
     (6) “Director” means the Director of the
Department of Environmental Quality.
     (7) “Hazardous material” means one of the
following:
     (a) A material designated by the
commission under ORS 466.630.
     (b) Hazardous waste as defined in ORS
466.005.
     (c) Radioactive waste as defined in ORS
469.300, radioactive material identified by the Energy Facility Siting Council
under ORS 469.605 and radioactive substances as defined in ORS 453.005.
     (d) Communicable disease agents as
regulated by the Department of Human Services under ORS 431.035 to 431.530,
433.001 to 433.045 and 433.110 to 433.770.
     (e) Hazardous substances designated by the
United States Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
     (8) “Oils” or “oil” includes gasoline,
crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any
other petroleum related product.
     (9) “Person” means an individual, trust,
firm, joint stock company, corporation, partnership, association, municipal
corporation, political subdivision, interstate body, the state and any agency
or commission thereof and the federal government and any agency thereof.
     (10) “Reportable quantity” means one of
the following:
     (a) A quantity designated by the
commission under ORS 466.625.
     (b) The lesser of:
     (A) The quantity designated for hazardous
substances by the United States Environmental Protection Agency pursuant to
section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as
amended;
     (B) The quantity designated for hazardous
waste under ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992;
     (C) Any quantity of radioactive material,
radioactive substance or radioactive waste;
     (D) If spilled into waters of the state,
or escape into waters of the state is likely, any quantity of oil that would
produce a visible oily slick, oily solids, or coat aquatic life, habitat or
property with oil, but excluding normal discharges from properly operating
marine engines; or
     (E) If spilled on land, any quantity of
oil over one barrel.
     (c) Ten pounds unless otherwise designated
by the commission under ORS 466.625.
     (11) “Respond” or “response” means:
     (a) Actions taken to monitor, assess and
evaluate a spill or release or threatened spill or release of oil or hazardous
material;
     (b) First aid, rescue or medical services,
and fire suppression; or
     (c) Containment or other actions
appropriate to prevent, minimize or mitigate damage to the public health,
safety, welfare or the environment which may result from a spill or release or
threatened spill or release if action is not taken.
     (12) “Spill or release” means the
discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking
or placing of any oil or hazardous material into the air or into or on any land
or waters of the state, as defined in ORS 468B.005, except as authorized by a
permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B or 469, ORS
466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal law or while
being stored or used for its intended purpose.
     (13) “Threatened spill or release” means
oil or hazardous material is likely to escape or be carried into the air or
into or on any land or waters of the state. [1985 c.733 §1; 1987 c.735 §26;
1989 c.6 §14; 1993 c.422 §28; 1997 c.249 §162; 2007 c.445 §41]
     466.610
Department authority relating to cleanup of oil or hazardous material. Subject to policy direction by the
Environmental Quality Commission, the Department of Environmental Quality may:
     (1) Conduct and prepare independently or
in cooperation with others, studies, investigations, research and programs
pertaining to the containment, collection, removal or cleanup of oil and
hazardous material.
     (2) Advise, consult, participate and
cooperate with other agencies of the state, political subdivisions, other
states or the federal government, in respect to any proceedings and all matters
pertaining to responses, remedial actions or cleanup of oil and hazardous
material and financing of cleanup costs, including radioactive waste, materials
and substances otherwise subject to ORS chapters 453 and 469.
     (3) Employ personnel, including
specialists and consultants, purchase materials and supplies and enter into
contracts with public and private parties necessary to carry out the provisions
of ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2).
     (4) Conduct and supervise educational
programs about oil and hazardous material, including the preparation and
distribution of information regarding the containment, collection, removal or
cleanup of oil and hazardous material.
     (5) Provide advisory technical
consultation and services to units of local government and to state agencies.
     (6) Develop and conduct demonstration
programs in cooperation with units of local government.
     (7) Perform all other acts necessary to
carry out the duties, powers and responsibilities of the department under ORS
466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2). [1985 c.733 §2; 1993
c.422 §29; 1999 c.849 §§99,100; 2003 c.75 §41]
     466.615
Limit on commission and department authority over radioactive substances. Nothing in ORS 466.605 to 466.680, 466.990
(3) and (4) and 466.995 (2) is intended to grant the Environmental Quality
Commission or the Department of Environmental Quality authority over any
radioactive substance regulated by the Department of Human Services under ORS
chapter 453, or any radioactive material or waste regulated by the State
Department of Energy or Energy Facility Siting Council under ORS chapter 469. [1985
c.733 §3; 1993 c.422 §30]
     466.620
Emergency response plan. In
accordance with the applicable provisions of ORS chapter 183, the Environmental
Quality Commission shall adopt an oil and hazardous material emergency response
master plan consistent with the plan adopted by the Department of Transportation
under ORS 453.825 and 453.835, and after consultation with the office of the
State Fire Marshal, the Oregon State Police, the Oregon Fire Chiefs Association
and any other appropriate agency or organization. [1985 c.733 §4; 1989 c.833 §92;
2005 c.825 §16]
     466.625
Rulemaking. In accordance
with applicable provisions of ORS chapter 183, the Environmental Quality
Commission may adopt rules including but not limited to:
     (1) Provisions to establish that quantity
of oil or hazardous material spilled or released which shall be reported under
ORS 466.635. The commission may determine that one single quantity shall be the
reportable quantity for any oil or hazardous material, regardless of the medium
into which the oil or hazardous material is spilled or released.
     (2) Establishing procedures for the
issuance, modification and termination of permits, orders, collection of
recoverable costs and filing of notifications.
     (3) Any other provision consistent with
the provisions of ORS 401.025, 466.605 to 466.680, 466.900 (3) and (4), 466.995
(2) and 468.070 that the commission considers necessary to carry out ORS
401.025, 466.605 to 466.680, 466.990 (3) and (4), 466.995 (2) and 468.070. [1985
c.733 §5; 1993 c.422 §31]
     466.630
Commission designation of substance as hazardous material. (1) By rule, the Environmental Quality
Commission may designate as a hazardous material any element, compound,
mixture, solution or substance which when spilled or released into the air or
into or on any land or waters of the state may present a substantial danger to
the public health, safety, welfare or the environment.
     (2) Before designating a substance as
hazardous material, the commission must find that the hazardous material,
because of its quantity, concentration or physical or chemical characteristics
may pose a present or future hazard to human health, safety, welfare or the
environment when spilled or released. [1985 c.733 §6]
     466.635
Report of spill or release of reportable quantity of hazardous material. Any person owning or having control over any
oil or hazardous material who has knowledge of a spill or release shall
immediately notify the Office of Emergency Management as soon as that person
knows the spill or release is a reportable quantity. [1985 c.733 §7; 2007 c.740
§39]
     466.640
Strict liability for spill or release; exceptions. Any person owning or having control over any
oil or hazardous material spilled or released or threatening to spill or
release shall be strictly liable without regard to fault for the spill or
release or threatened spill or release. However, in any action to recover
damages, the person shall be relieved from strict liability without regard to
fault if the person can prove that the spill or release of oil or hazardous
material was caused by:
     (1) An act of war or sabotage or an act of
God.
     (2) Negligence on the part of the United
States Government or the State of
     (3) An act or omission of a third party
without regard to whether any such act or omission was or was not negligent. [1985
c.733 §8]
     466.645
Cleanup; failure to complete cleanup. (1) Any person liable for a spill or release or threatened spill or
release under ORS 466.640 shall immediately clean up the spill or release under
the direction of the Department of Environmental Quality. Any person liable for
a spill or release or a threatened spill or release shall immediately initiate
cleanup, whether or not the department has directed the cleanup. The department
may require the responsible person to undertake such investigations,
monitoring, surveys, testing and other information gathering as the department
considers necessary or appropriate to:
     (a) Identify the existence and extent of
the spill or release;
     (b) Identify the source and nature of oil
or hazardous material involved; and
     (c) Evaluate the extent of danger to the
public health, safety, welfare or the environment.
     (2) If any person liable under ORS 466.640
does not immediately commence and promptly and adequately complete the cleanup,
the department may clean up, or contract for the cleanup of the spill or
release or the threatened spill or release.
     (3) Whenever the department is authorized
to act under subsection (2) of this section, the department directly or by
contract may undertake such investigations, monitoring, surveys, testing and
other information gathering as it may deem appropriate to identify the
existence and extent of the spill or release, the source and nature of oil or
hazardous material involved and the extent of danger to the public health, safety,
welfare or the environment. In addition, the department directly or by contract
may undertake such planning, fiscal, economic, engineering and other studies
and investigations it may deem appropriate to plan and direct cleanup actions,
to recover the costs thereof and legal costs and to enforce the provisions of
ORS 466.605 to 466.680. [1985 c.733 §9; 1987 c.158 §89; 1991 c.650 §5]
     466.650 [1985 c.733 §10; repealed by 1987 c.735 §27]
     466.653 [1987 c.539 §42; repealed by 1989 c.833 §175]
     466.655 [1985 c.733 §11; repealed by 1987 c.735 §27]
     466.660 [1985 c.733 §12; 1987 c.158 §90; repealed by
1989 c.833 §175]
     466.665 [1985 c.733 §13; 1987 c.158 §91; repealed by
1989 c.833 §175]
     466.670
Oil and Hazardous Material Emergency Response and Remedial Action Fund. (1) The Oil and Hazardous Material Emergency
Response and Remedial Action Fund is established separate and distinct from the
General Fund in the State Treasury. Interest earned on the fund shall be
credited to the fund. Moneys received by the Department of Environmental
Quality for the purpose of oil or hazardous material emergency response or
remedial action shall be paid into the State Treasury and credited to the fund.
     (2) The State Treasurer shall invest and
reinvest moneys in the Oil and Hazardous Material Emergency Response and
Remedial Action Fund in the manner provided by law.
     (3) The moneys in the Oil and Hazardous
Material Emergency Response and Remedial Action Fund are appropriated
continuously to the Department of Environmental Quality to be used in the
manner described in ORS 466.675. [1985 c.733 §14; 1989 c.833 §93; 1989 c.966 §54]
     466.675
Use of moneys in Oil and Hazardous Material Emergency Response and Remedial
Action Fund. Moneys in the
Oil and Hazardous Material Emergency Response and Remedial Action Fund may be
used by the Department of Environmental Quality for the following purposes:
     (1) Funding actions and activities
authorized by ORS 466.645, 466.205, 468B.320 and 468B.330.
     (2) Providing for the general
administration of ORS 466.605 to 466.680 including the payment of personnel
costs of the department or any other state agency related to the enforcement of
ORS 466.605 to 466.680. [1985 c.733 §15; 1987 c.158 §92; 1989 c.833 §94]
     466.680
Responsibility for expenses of cleanup; record; treble damages; order; appeal. (1) If a person required to clean up oil or
hazardous material under ORS 466.645 fails or refuses to do so, the person
shall be responsible for the reasonable expenses incurred by the Department of
Environmental Quality in carrying out ORS 466.645.
     (2) The department shall keep a record of
all expenses incurred in carrying out any cleanup projects or activities
authorized under ORS 466.645, including charges for services performed and the
stateÂ’s equipment and materials utilized.
     (3) Any person who does not make a good
faith effort to clean up oil or hazardous material when obligated to do so
under ORS 466.645 shall be liable to the department for damages not to exceed
three times the amount of all expenses incurred by the department.
     (4) Based on the record compiled by the
department under subsection (2) of this section, the Environmental Quality
Commission shall make a finding and enter an order against the person described
in subsection (1) or (3) of this section for the amount of damages, not to
exceed treble damages, and the expenses incurred by the state in carrying out
the action authorized by this section. The order may be appealed in the manner
provided for appeal of a contested case order under ORS chapter 183.
     (5) If the amount of state incurred
expenses and damages under this section are not paid by the responsible person
to the department within 15 days after receipt of notice that such expenses are
due and owing, or, if an appeal is filed within 15 days after the court renders
its decision if the decision affirms the order, the Attorney General, at the
request of the Director of the Department of Environmental Quality, shall bring
an action in the name of the State of Oregon in a court of competent
jurisdiction to recover the amount specified in the notice of the director. [1985
c.733 §16]
     466.685 [1985 c.733 §19; repealed by 1987 c.735 §27]
     466.690 [1985 c.733 §20; repealed by 1987 c.735 §27]
     466.705 [1987 c.539 §2 (enacted in lieu of 468.901);
1989 c.926 §41; 1989 c.1071 §§20,25; repealed by 1991 c.863 §11 (466.706
enacted in lieu of 466.705)]
OIL STORAGE
TANKS
(General
Provisions)
     466.706
Definitions for ORS 466.706 to 466.882 and 466.994. As used in ORS 466.706 to 466.882 and
466.994:
     (1) “Commercial lending institution” means
any financial institution or trust company, as those terms are defined in ORS
706.008, or any cooperative financial institution regulated by an agency of the
federal government or this state.
     (2) “Commission” means the Environmental
Quality Commission.
     (3) “Corrective action” means remedial
action taken to protect the present or future public health, safety, welfare or
the environment from a release of a regulated substance. “Corrective action”
includes but is not limited to:
     (a) The prevention, elimination, removal,
abatement, control, minimization, investigation, assessment, evaluation or
monitoring of a hazard or potential hazard or threat, including migration of a
regulated substance; or
     (b) Transportation, storage, treatment or
disposal of a regulated substance or contaminated material from a site.
     (4) “Decommission” means to remove from
operation an underground storage tank, including temporary or permanent removal
from operation, abandonment in place or removal from the ground.
     (5) “Department” means the Department of
Environmental Quality.
     (6) “Facility” means any one or
combination of underground storage tanks and underground pipes connected to the
tanks, used to contain an accumulation of motor fuel, including gasoline or
diesel oil, that are located at one contiguous geographical site.
     (7) “Fee” means a fixed charge or service
charge.
     (8) “Guarantor” means any person other
than the permittee who by guaranty, insurance, letter of credit or other acceptable
device, provides financial responsibility for an underground storage tank as
required under ORS 466.815.
     (9) “Heating oil tank” means an
aboveground or underground tank and pipes connected to the tank that contain
heating oil for heating a building with human habitation or water heating not
used for commercial processing.
     (10) “Heating oil tank service” means the
decommissioning of a heating oil tank or the performance of corrective action
necessary as a result of a release of oil from a heating oil tank.
     (11) “Investigation” means monitoring,
surveying, testing or other information gathering.
     (12) “Local unit of government” means a
city, county, special service district, metropolitan service district created
under ORS chapter 268 or a political subdivision of the state.
     (13) “Oil” means gasoline, crude oil, fuel
oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum
related product or fraction thereof that is liquid at a temperature of 60
degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
     (14) “Owner” means the owner of an
underground storage tank.
     (15) “Permittee” means the owner or a
person designated by the owner who is in control of or has responsibility for
the daily operation or maintenance of an underground storage tank under a
permit issued pursuant to ORS 466.760.
     (16) “Person” means an individual, trust,
firm, joint stock company, corporation, partnership, joint venture, consortium,
association, state, municipality, commission, political subdivision of a state
or any interstate body, any commercial entity or the federal government or any
agency of the federal government.
     (17) “Regulated substance” means:
     (a) Any substance listed by the United
States Environmental Protection Agency in 40 C.F.R. Table 302.4 pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 as
amended (P.L. 96-510 and P.L. 98-80), but not including any substance regulated
as a hazardous waste under 40 C.F.R. part 261 and OAR 340 Division 101;
     (b) Oil; or
     (c) Any other substance designated by the
commission under ORS 466.630.
     (18) “Release” means the discharge,
deposit, injection, dumping, spilling, emitting, leaking or placing of a
regulated substance from an underground storage tank into the air or into or on
land or the waters of the state, other than as authorized by a permit issued
under state or federal law.
     (19) “Stage I vapor collection system”
means a system where gasoline vapors are forced from a tank into a vapor-tight
holding system or vapor control system through direct displacement by the
gasoline being loaded.
     (20) “Stage II vapor collection system”
means a system where at least 90 percent, by weight, of the gasoline vapors
that are displaced or drawn from a vehicle fuel tank during refueling are
transferred to a vapor-tight holding system or vapor control system.
     (21) “Underground storage tank” means any
one or combination of tanks and underground pipes connected to the tank, used
to contain an accumulation of a regulated substance, and the volume of which,
including the volume of the underground pipes connected to the tank, is 10
percent or more beneath the surface of the ground.
     (22) “Waters of the state” has the meaning
given that term in ORS 468B.005. [1991 c.863 §12 (enacted in lieu of 466.705);
1997 c.631 §479; 1999 c.880 §10; 1999 c.979 §8]
     466.710
Application of ORS 466.706 to 466.882 and 466.994. ORS 466.706 to 466.882 and 466.994 shall not
apply to a:
     (1) Farm or residential tank of 1,100
gallons or less capacity used for storing motor fuel for noncommercial
purposes.
     (2) Except as provided in ORS 466.858 to
466.878, tank used for storing heating oil for consumptive use on the premises
where stored.
     (3) Septic tank.
     (4) Pipeline facility including gathering
lines regulated:
     (a) Under the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. 1671);
     (b) Under the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. 2001); or
     (c) As an intrastate pipeline facility
under state laws comparable to the provisions of law referred to in paragraph
(a) or (b) of this subsection.
     (5) Surface impoundment, pit, pond or
lagoon.
     (6) Storm water or waste water collection
system.
     (7) Flow-through process tank.
     (8) Liquid trap or associated gathering
lines directly related to oil or gas production and gathering operations.
     (9) Storage tank situated in an
underground area if the storage tank is situated upon or above the surface of a
floor. As used in this subsection, “underground area” includes but is not
limited to a basement, cellar, mine, drift, shaft or tunnel.
     (10) Pipe connected to any tank described
in subsections (1) to (8) of this section. [Formerly 468.911; 1987 c.539 §18;
1999 c.979 §§9,17; 2001 c.104 §201]
     466.715
Legislative findings. (1)
The Legislative Assembly finds that:
     (a) Regulated substances hazardous to the
public health, safety, welfare and the environment are stored in underground
tanks in this state; and
     (b) Underground tanks used for the storage
of regulated substances are potential sources of contamination of the
environment and may pose dangers to the public health, safety, welfare and the
environment.
     (2) Therefore, the Legislative Assembly
declares:
     (a) It is the public policy of this state
to protect the public health, safety, welfare and the environment from the
potential harmful effects of underground tanks used to store regulated
substances.
     (b) It is the purpose of ORS 466.706 to
466.882 and 466.994 to enable the Environmental Quality Commission to adopt a
statewide program for the prevention and reporting of releases and for taking
corrective action to protect the public and the environment from releases from
underground storage tanks. [1987 c.539 §4 (enacted in lieu of 468.902); 1989
c.1071 §§21,26]
(Administration)
     466.720
Statewide underground storage tank program; federal authorization; rules. (1) The Environmental Quality Commission
shall adopt a statewide underground storage tank program. Except as otherwise
provided in ORS 466.706 to 466.882 and 466.994, the statewide program shall
establish uniform procedures and standards to protect the public health,
safety, welfare and the environment from the consequences of a release from an
underground storage tank.
     (2) The commission and the Department of
Environmental Quality shall perform or cause to be performed any act necessary
to gain final authorization of a state program for the regulation of
underground storage tanks under the provisions of Section 9004 of the Federal
Resource Conservation and Recovery Act, P.L. 94-580 as amended and P.L. 98-616,
Section 205 of the federal Solid Waste Disposal Act, P.L. 96-482 as amended and
federal regulations and interpretive and guidance documents issued pursuant to
P.L. 94-580 as amended, P.L. 98-616 and P.L. 96-482. To gain final authorization,
the department shall submit an application for state program approval to the
United States Environmental Protection Agency. The commission may adopt, amend
or repeal any rule necessary to implement ORS 466.706 to 466.882 and 466.994. [Subsection
(1) enacted as 1987 c.539 §6; subsection (2) formerly 468.913; 2001 c.754 §1]
     466.725
Limitation on local government regulation. (1) Except as provided in ORS 466.730, a local unit of government may
not enact or enforce any ordinance, rule or regulation relating to the matters
encompassed by the state program established under ORS 466.720.
     (2) Any ordinance, rule or regulation
enacted by a local unit of government of this state that encompasses the same
matters as the state program shall be unenforceable, except for an ordinance,
rule or regulation:
     (a) That requires an owner or permittee to
report a release to the local unit of government; or
     (b) Adopted by a local unit of government
operating an underground storage tank program pursuant to a contract entered
into according to the provisions of ORS 466.730. [1987 c.539 §8 (enacted in
lieu of 468.904)]
     466.727
Prohibition on local government tax, fee or surcharge. (1) A local unit of government may not
impose any tax, fee or surcharge on soil generated as a result of remedial
action or replacement of leaking underground storage tanks if financial
assistance from the Underground Storage Tank Compliance and Corrective Action
Fund has been provided for the remedial action or tank replacement.
     (2) Nothing in this section shall be
construed to prevent a local unit of government that owns, leases or operates a
site for the disposal, transfer, recovery or treatment of solid waste from
charging a fee for disposal or treatment of soil at such site. [1993 c.661 §4]
     466.730
Delegation of program administration to state agency or local government by
agreement. (1) The
Environmental Quality Commission may authorize the department to enter into a
contract or agreement with an agency of this state or a local unit of
government to administer all or part of the underground storage tank program.
     (2) Any agency of this state or any local
unit of government that seeks to administer an underground storage tank program
under this section shall submit to the Department of Environmental Quality a
description of the program the agency or local unit of government proposes to
administer in lieu of all or part of the state program. The program description
shall include at least the following:
     (a) A description in narrative form of the
scope, structure, coverage and procedures of the proposed program.
     (b) A description, including organization
charts, of the organization and structure of the contracting state agency or
local unit of government that will have responsibility for administering the
program, including:
     (A) The number of employees, occupation
and general duties of each employee who will carry out the activities of the
contract.
     (B) An itemized estimate of the cost of
establishing and administering the program, including the cost of personnel
listed in subparagraph (A) of this paragraph and administrative and technical
support.
     (C) An itemization of the source and
amount of funding available to the contracting state agency or local unit of
government to meet the costs listed in subparagraph (B) of this paragraph,
including any restrictions or limitations upon this funding.
     (D) A description of applicable
procedures, including permit procedures.
     (E) Copies of the permit form, application
form and reporting form the state agency or local unit of government intends to
use in the program.
     (F) A complete description of the methods
to be used to assure compliance and for enforcement of the program.
     (G) A description of the procedures to be
used to coordinate information with the department, including the frequency of
reporting and report content.
     (H) A description of the procedures the
state agency or local unit of government will use to comply with trade secret
laws under ORS 466.800.
     (3) Any program approved by the department
under this section shall at all times be conducted in accordance with the
requirements of ORS 466.706 to 466.882 and 466.994.
     (4) An agency or local unit of government
shall exercise the functions relating to underground storage tanks authorized under
a contract or agreement entered into under this section according to the
authority vested in the commission and the department under ORS 466.706 to
466.882 and 466.994 insofar as such authority is applicable to the performance
under the contract or agreement. The agency or local unit of government shall
carry out these functions in the manner provided for the commission and the
department to carry out the same functions. [1987 c.539 §9]
     466.735
Cooperation with Department of Consumer and Business Services and State Fire
Marshal. Nothing in ORS
466.706 to 466.882 and 466.994 is intended to interfere with, limit or abridge
the authority of the Department of Consumer and Business Services or the State
Fire Marshal, or any other state agency or local unit of government relating to
combustion and explosion hazards, hazard communications or land use. The
complementary relationship between the protection of the public safety from
combustion and explosion hazards, and protection of the public health, safety,
welfare and the environment from releases of regulated substances from
underground storage tanks is recognized. Therefore, the Department of
Environmental Quality shall work cooperatively with the Department of Consumer
and Business Services, the State Fire Marshal and local units of government in
developing the rules and procedures necessary to carry out the provisions of
ORS 466.706 to 466.882 and 466.994. [1987 c.539 §10]
     466.740
Noncomplying installation prohibited. No person shall install an underground storage tank for the purpose of
storing regulated substances unless the tank complies with the standards
adopted under ORS 466.746 and any other rule adopted under ORS 466.706 to
466.882 and 466.994. [1987 c.539 §11]
     466.743
Training on operation, maintenance and testing; rules. (1) Operators of underground storage tanks
shall participate in mandatory training on the proper operation, maintenance
and testing of underground storage tanks.
     (2) The Environmental Quality Commission
shall adopt rules establishing mandatory training requirements. The rules may
include, but are not limited to:
     (a) A definition of operator, which may
include other persons with daily responsibility for on-site operation and
maintenance of underground storage tanks who are required to obtain training
under this section;
     (b) Requirements and specifications for
training or testing services; and
     (c) A schedule that sets forth compliance
dates for each facility.
     (3) The commission may accommodate
hardship cases in which attendance at a training session is unusually difficult
due to special circumstances. An accommodation under this subsection does not
exempt a person from the training requirements under subsection (1) of this
section. [2001 c.754 §3]
     466.745 [1987 c.539 §13 (enacted in lieu of
468.908); 1989 c.1071 §§22,27,43a,43b,29a; repealed by 1991 c.863 §13 (466.746
enacted in lieu of 466.745)]
     466.746
Commission rules; considerations. (1) The Environmental Quality Commission may establish by rule:
     (a) Performance standards, consistent with
standards adopted by the federal government, for leak detection systems,
inventory control, tank testing or comparable systems or programs designed to
detect or identify releases in a manner consistent with the protection of
public health, safety, welfare or the environment;
     (b) Requirements for maintaining records
and submitting information to the Department of Environmental Quality in
conjunction with a leak detection or identification system or program used for
each underground storage tank;
     (c) Performance standards for underground
storage tanks including but not limited to design, retrofitting, construction,
installation, release detection and material compatibility;
     (d) Requirements for the temporary or
permanent decommissioning of an underground storage tank;
     (e) Requirements for reporting a release
from an underground storage tank;
     (f) Requirements for a permit issued under
ORS 466.760;
     (g) Procedures that distributors of
regulated substances and sellers of underground storage tanks must follow to
satisfy the requirements of ORS 466.760;
     (h) Acceptable methods by which an owner
or permittee may demonstrate financial responsibility for responding to the
liability imposed under ORS 466.815;
     (i) Procedures for the disbursement of
moneys collected under ORS 466.795;
     (j) Requirements for reporting corrective
action taken in response to a release;
     (k) Requirements for taking corrective
action in response to a release;
     (L) Requirements for soil assessment and
tank tightness tests which shall not be more stringent soil assessment and tank
tightness testing requirements than required by the federal government;
     (m) Provisions necessary to carry out the
underground storage tank loan guarantee program authorized by section 4,
chapter 1071, Oregon Laws 1989; and
     (n) Any other rule necessary to carry out
the provisions of ORS 466.706 to 466.882 and 466.994.
     (2) So long as requirements are
administered uniformly within each area or region of the state, the commission
may adopt different requirements for different areas or regions of the state if
the commission finds either of the following:
     (a) More stringent rules or standards are
necessary:
     (A) To protect specific waters of the
state, a sole source or sensitive aquifer or any other sensitive environmental
amenity; or
     (B) Because conditions peculiar to that
area or region require different standards to protect public health, safety,
welfare or the environment.
     (b) Less stringent rules or standards are:
     (A) Warranted by physical conditions or
economic hardship;
     (B) Consistent with the protection of the
public health, safety, welfare or the environment; and
     (C) Not less stringent than minimum
federal requirements.
     (3) The rules adopted by the commission
under subsection (1) of this section may distinguish between types, classes and
ages of underground storage tanks. In making such distinctions, the commission
may consider the following factors:
     (a) Location of the tanks;
     (b) Soil and climate conditions;
     (c) Uses of the tanks;
     (d) History of maintenance;
     (e) Age of the tanks;
     (f) Current industry recommended
practices;
     (g) National consensus codes;
     (h) Hydrogeology;
     (i) Water table;
     (j) Size of the tanks;
     (k) Quantity of regulated substances
periodically deposited in or dispensed from the tank;
     (L) The technical ability of the owner or
permittee; and
     (m) The compatibility of the regulated
substance and the materials of which the tank is fabricated.
     (4) In adopting rules under subsection (1)
of this section, the commission shall consider all relevant federal standards
and regulations on underground storage tanks. If the commission adopts any
standard or rule that is different than a federal standard or regulation on the
same subject, the report submitted to the commission by the department at the
time the commission adopts the standard or rule shall indicate clearly the
deviation from the federal standard or regulation and the reasons for the
deviation. [1991 c.863 §14 (enacted in lieu of 466.745)]
(Licenses;
Permits)
     466.750
License procedure for persons servicing underground tanks. (1) In order to safeguard the public health,
safety and welfare, to protect the stateÂ’s natural and biological systems, to
protect the public from unlawful underground tank installation and retrofit
procedures, to assure the highest degree of leak prevention from underground
storage tanks and to insure the appropriate cleanup of oil spills and releases,
the Environmental Quality Commission may adopt a program to regulate persons
providing underground storage tank installation and removal, retrofit, testing,
inspection and remedial action services.
     (2) The program established under
subsection (1) of this section may include a procedure to license persons who
demonstrate, to the satisfaction of the Department of Environmental Quality,
the ability to service underground storage tanks. This demonstration of ability
may consist of written or field examinations. The commission may establish
different types of licenses for different types of demonstrations, including
but not limited to:
     (a) Installation, removal, retrofit and
inspection of underground storage tanks;
     (b) Tank integrity testing;
     (c) Installation of leak detection
systems; and
     (d) Cleanup of soil contamination
resulting from spills or releases of oil from underground storage tanks.
     (3) The program adopted under subsection
(1) of this section may allow the department after opportunity for hearing
under the provisions of ORS chapter 183, to revoke a license of any person
offering underground storage tank services who commits fraud or deceit in
obtaining a license or who demonstrates negligence or incompetence in
performing underground tank services.
     (4) The program adopted under subsection
(1) of this section shall:
     (a) Provide that no person may offer to
perform or perform services for which a license is required under the program
without such license.
     (b) Establish a schedule of fees for
licensing under the program. The fees shall be in an amount sufficient to cover
the costs of the department in administering the program.
     (5) The following persons shall apply for
an underground storage tank permit from the department:
     (a) An owner of an underground storage
tank currently in operation;
     (b) An owner of an underground storage
tank taken out of operation between January 1, 1974, and May 1, 1988; and
     (c) An owner of an underground storage
tank that was taken out of operation before January 1, 1974, but that still
contains a regulated substance. [1987 c.539 §§14,15; 1989 c.926 §42; 1999 c.979
§10; 2001 c.104 §202]
     466.760
When permit required; who required to sign application. (1) No person shall install, bring into
operation, operate or decommission an underground storage tank without first
obtaining a permit from the Department of Environmental Quality.
     (2) No person shall deposit a regulated
substance into an underground storage tank unless the tank is operating under a
permit issued by the department.
     (3) Any person who assumes ownership of an
underground storage tank from a previous permittee must complete and return to
the department an application for a new permit before the person begins
operation of the underground storage tank under the new ownership.
     (4) Any person who deposits a regulated
substance into an underground storage tank or sells an underground storage tank
shall notify the owner or operator of the tank of the permit requirements of
this section.
     (5) The following persons must sign an
application for a permit submitted to the department under this section or ORS
466.750 (5):
     (a) The owner of an underground storage
tank storing a regulated substance;
     (b) The owner of the real property in
which an underground storage tank is located; and
     (c) The proposed permittee, if a person
other than the owner of the underground storage tank or the owner of the real
property. [1987 c.539 §16; 1989 c.926 §43; 1989 c.1071 §§23,28; 1999 c.979 §11]
     466.765
Duty of owner or permittee of underground storage tank. In addition to any other duty imposed by law
and pursuant to rules adopted under ORS 466.706 to 466.882 and 466.994, the
owner or the permittee of an underground storage tank shall:
     (1) Prevent releases;
     (2) Install, operate and maintain
underground storage tanks and leak detection devices and develop and maintain
records in connection therewith in accordance with standards adopted and
permits issued under ORS 466.706 to 466.882 and 466.994;
     (3) Furnish information to the Department
of Environmental Quality relating to underground storage tanks, including
information about tank equipment and regulated substances stored in the tanks;
     (4) Promptly report releases;
     (5) Conduct monitoring and testing as
required by rules adopted under ORS 466.746 and permits issued under ORS
466.760;
     (6) Permit department employees or a duly
authorized and identified representative of the department at all reasonable
times to have access to and to copy all records relating to underground storage
tanks;
     (7) Pay all costs of investigating,
preventing, reporting and stopping a release;
     (8) Decommission tanks, as required by
rules adopted under ORS 466.746 and permits issued under ORS 466.760;
     (9) Pay all fees;
     (10) Conduct any corrective action
required under ORS 466.810; and
     (11) Perform any other requirement adopted
under ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §20
(enacted in lieu of 468.905)]
     466.770
Corrective action required on contaminated site. (1) If any owner or permittee of a
contaminated site fails without sufficient cause to conduct corrective action under
ORS 466.765, the Department of Environmental Quality may undertake any
investigation or corrective action with respect to the contamination on the
site.
     (2) The department shall keep a record of
all expenses incurred in carrying out any corrective action authorized under
subsection (1) of this section, including charges for services performed and
the stateÂ’s equipment and materials utilized.
     (3) Any owner or permittee of a
contaminated site who fails without sufficient cause to conduct corrective action
as required by an order of the department under ORS 466.810 shall be liable to
the department for damages not to exceed three times the amount of all expenses
incurred by the department in carrying out the necessary corrective action.
     (4) Based on the record compiled by the
department under subsection (2) of this section, the Environmental Quality
Commission shall make a finding and enter an order against the person described
in subsection (1) or (3) of this section for the amount of damages, not to exceed
treble damages, and the expenses incurred by the state in carrying out the
actions authorized by this section. The order may be appealed in the manner
provided for appeal of a contested case order under ORS chapter 183.
     (5) If the amount of corrective action
costs incurred by the department and damages under this section are not paid by
the responsible person to the department within 15 days after receipt of notice
that such expenses are due and owing, or, if an appeal is filed within 15 days
after the court renders its decision if the decision affirms the order, the
Attorney General, at the request of the director, shall bring an action in the
name of the State of Oregon in a court of competent jurisdiction to recover the
amount specified in the notice of the director.
     (6) Subsection (5) of this section shall
not apply if the department and the responsible person are negotiating or have
entered into a settlement agreement, except that if the responsible person
fails to pay the corrective action costs as provided in the negotiated
settlement the director may request the Attorney General to take action as set
forth in subsection (5) of this section.
     (7) All moneys received by the department
under this section shall be paid into the fund established in ORS 466.791.
     (8) As used in this section:
     (a) “Contamination” means any abandoning,
spilling, releasing, leaking, disposing, discharging, depositing, emitting,
pumping, pouring, emptying, injecting, escaping, leaching, placing or dumping
of a regulated substance from an underground storage tank into the air or on
any lands or waters of the state, so that such regulated substance may enter
the environment, be emitted into the air or discharged into any waters. Such
contamination authorized by and in compliance with a permit issued under ORS
chapter 454, 459, 468, 468A, 468B, 469, ORS 466.005 to 466.385 or federal law
shall not be considered as contamination under ORS 465.200, 466.706 to 466.882,
466.994 and 478.308.
     (b) “Site” means any area or land. [1987 c.539
§24; 1993 c.560 §106]
     466.775
Grounds for refusal, modification, suspension or revocation of permit. (1) The Department of Environmental Quality
may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the
department finds:
     (a) A material misrepresentation or false
statement in the application for the permit;
     (b) Failure to comply with the conditions
of the permit; or
     (c) Violation of any applicable provision
of ORS 466.706 to 466.882 and 466.994, any applicable rule or standard adopted
under ORS 466.706 to 466.882 and 466.994 or an order issued under ORS 466.706
to 466.882 and 466.994.
     (2) The department may modify a permit
issued under ORS 466.760 if the department finds, after notice and opportunity
for hearing, that modification is necessary to protect the public health,
safety, welfare or the environment.
     (3) The department shall modify, suspend,
revoke or refuse to issue or renew a permit according to the provisions of ORS
chapter 183 for a contested case proceeding. [1987 c.539 §21]
     466.780
Variance upon petition. (1)
Upon petition by the owner and the permittee of an underground storage tank,
the Environmental Quality Commission may grant a variance from the requirements
of any rule or standard adopted under ORS 466.746 if the commission finds:
     (a) The alternative proposed by the
petitioner provides protection to the public health, safety, welfare and the
environment, equal to or greater than the rule or standard; and
     (b) The alternative proposal is at least
as stringent as any applicable federal requirements.
     (2) The commission may grant a variance
under subsection (1) of this section only if the commission finds that strict
compliance with the rule or standard is inappropriate because:
     (a) Conditions exist that are beyond the
control of the petitioner; or
     (b) Special physical conditions or other
circumstances render strict compliance unreasonable, burdensome or
impracticable.
     (3) The commission may delegate the
authority to grant a variance to the Department of Environmental Quality.
     (4) Within 15 days after the department
denies a petition for a variance, the petitioner may file with the commission a
request for review by the commission. The commission shall review the petition
for variance and the reasons for the departmentÂ’s denial of the petition within
150 days after the commission receives a request for review. The commission may
approve or deny the variance or allow a variance on terms different than the
terms proposed by the petitioner. If the commission fails to act on a denied
petition within the 150-day period the variance shall be considered approved by
the commission. [1987 c.539 §22]
(Finance)
     466.783
Installation fee; permit modification fee. (1) An applicant for a permit to install an underground storage tank
shall pay an installation fee of $400 per tank. The applicant shall make
payment to the Department of Environmental Quality at the time of application
for the installation of an underground storage tank.
     (2)(a) When ownership of an existing underground
storage tank changes, or when ownership of the property on which an underground
storage tank is located changes, the permittee shall pay a permit modification
fee of $75. The permittee shall make payment to the Department of Environmental
Quality at the time of application for the modification of an operating permit.
     (b) When a permittee changes, the new
permittee shall pay a permit modification fee of $75. The new permittee shall
make payment to the Department of Environmental Quality at the time of
application for the modification of an operating permit.
     (3) The fees collected by the department
under this section shall be deposited into the State Treasury to the credit of
an account of the department. All fees paid to the department shall be continuously
appropriated to the department to carry out the provisions of ORS 466.706 to
466.882 and 466.994. [2001 c.754 §12]
     466.785
Annual storage tank fee; late payment fee. (1) Every underground storage tank permittee shall pay a fee in the
amount of $135 per tank per calendar year.
     (2) A permittee shall pay a late fee of
$35 for each tank fee required under this section that is not paid by the
specified due date.
     (3) Fees collected by the Department of
Environmental Quality under this section shall be deposited in the State
Treasury to the credit of an account of the department. All fees paid to the
department shall be continuously appropriated to the department to carry out
the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §§23,50; 1989
c.833 §157; 1989 c.935 §1; 1989 c.1071 §§44,45; 1993 c.525 §§1,2,3; 1999 c.884 §1;
amendments by 1999 c.884 §3 repealed by 2001 c.754 §17; 2001 c.754 §5; 2005
c.534 §3; 2007 c.479 §1]
     Note: Section 4, chapter 479, Oregon Laws 2007,
provides:
     Sec.
4. (1) The amendments to ORS
466.785 by section 1 of this 2007 Act apply to fees for calendar year 2008 and
subsequent calendar years.
     (2) The increased civil penalties provided
for in the amendments to section 13, chapter 754, Oregon Laws 2001 [466.837],
by section 2 of this 2007 Act apply only to violations that occur on or after
the effective date of this 2007 Act [January 1, 2008]. [2007 c.479 §4]
     466.787
Annual service provider fee; biennial supervisor fee. (1) As used in this section:
     (a) “Service provider” means a person or
firm registered in the State of
     (b) “Supervisor” means a person, operating
alone or employed by a contractor, who directs and oversees underground storage
tank services.
     (c) “Underground storage tank services”
includes but is not limited to installation, decommissioning, retrofitting,
testing and inspection of underground storage tanks.
     (2) Pursuant to ORS 466.750:
     (a) A supervisor shall pay fees based on
the following schedule:
     (A) $150 every two years for each license
issued for cleanup of underground storage tanks; and
     (B) $150 every two years for a license to
service underground storage tanks.
     (b) A service provider shall pay a fee of
$300 per license per year.
     (3) Fees collected by the Department of
Environmental Quality under this section shall be deposited into the State
Treasury to the credit of an account of the department. All fees paid to the
department shall be continuously appropriated to the department to carry out
the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §4]
     466.790 [1987 c.539 §26; 1989 c.1071 §§24,29,30,46,47,48;
repealed by 1991 c.863 §15 (466.791 enacted in lieu of 466.790)]
     466.791
Underground Storage Tank Compliance and Corrective Action Fund; sources; uses. (1) The Underground Storage Tank Compliance
and Corrective Action Fund is established separate and distinct from the
General Fund in the State Treasury.
     (2) The following moneys, as they pertain
to an underground storage tank, shall be deposited into the State Treasury and
credited to the Underground Storage Tank Compliance and Corrective Action Fund:
     (a) Moneys recovered or otherwise received
from responsible parties for corrective action;
     (b) Moneys allocated to the fund from the
Administrative Services Economic Development Fund;
     (c) As permitted by federal court
decisions, federal statutory requirements and administrative decisions, funds
made available from multidistrict litigation - 150 oil overcharge settlement
moneys or surplus stripper well oil overcharge settlement moneys; and
     (d) Any penalty, fine or damages recovered
under ORS 466.770.
     (3) The State Treasurer may invest and
reinvest moneys in the Underground Storage Tank Compliance and Corrective
Action Fund in the manner provided by law.
     (4) The moneys in the Underground Storage
Tank Compliance and Corrective Action Fund are appropriated continuously to the
Department of Environmental Quality to be used as provided in subsection (5) of
this section.
     (5) Moneys in the Underground Storage Tank
Compliance and Corrective Action Fund may be used by the department for the
following purposes:
     (a) Supporting the loan guarantee program
established pursuant to section 4, chapter 1071, Oregon Laws 1989;
     (b) Repaying moneys advanced under ORS
293.205 to 293.225 to allow the department to begin operating the grant and
loan programs established pursuant to section 4, chapter 1071, Oregon Laws
1989, or servicing any debt incurred by the fund;
     (c) Administration of the underground
storage tank program;
     (d) Funding the interest rate subsidies
established under section 6a, chapter 863, Oregon Laws 1991;
     (e) Funding the underground storage tank
insurance premium copayment program established under sections 38 to 46,
chapter 863, Oregon Laws 1991; and
     (f) Funding of the grants established
under section 6, chapter 863, Oregon Laws 1991. [1991 c.863 §16 (enacted in
lieu of 466.790); 1993 c.18 §120; 1993 c.661 §5; 1997 c.767 §9; 2001 c.104 §203]
     466.795
Underground Storage Tank Insurance Fund. (1) The Underground Storage Tank Insurance Fund is established
separate and distinct from the General Fund in the State Treasury to be used
solely for the purpose of satisfying the financial responsibility requirements
of ORS 466.815.
     (2) Moneys transferred by the Department
of Environmental Quality from the Underground Storage Tank Compliance and
Corrective Action Fund established under ORS 466.791 shall be credited to the
Underground Storage Tank Insurance Fund.
     (3) The State Treasurer may invest and
reinvest moneys in the Underground Storage Tank Insurance Fund in the manner
provided by law.
     (4) The moneys in the Underground Storage
Tank Insurance Fund are appropriated continuously to the department to be used
as provided for in subsection (5) of this section.
     (5) Moneys in the Underground Storage Tank
Insurance Fund may be used by the department for the following purposes, as
they pertain to underground storage tanks:
     (a) Funding of the underground storage
tank insurance premium copayments established under sections 38 to 46, chapter
863, Oregon Laws 1991; and
     (b) Payment of the department’s costs in
administering the Underground Storage Tank Insurance Fund, which shall be limited
to five percent of the premium collected. [1987 c.539 §28; 1989 c.833 §158;
1989 c.935 §§2,3; 1991 c.863 §47]
     466.800
Records as public records; exceptions. (1) Except as provided in subsection (2) of this section, any records,
reports or information obtained from any persons under ORS 466.765 and 466.805
shall be made available for public inspection and copying during the regular
office hours of the Department of Environmental Quality at the expense of any
person requesting copies.
     (2) Unless classified by the director as
confidential, any records, reports or information obtained under ORS 466.706 to
466.882 and 466.994 shall be available to the public. Upon a showing
satisfactory to the director by any person that records, reports or information,
or particular parts thereof, if made public, would divulge methods, processes
or information entitled to protection as trade secrets under ORS 192.501 to
192.505, the director shall classify as confidential such record, report or
information, or particular part thereof. However, such record, report or
information may be disclosed to any other officer, medical or public safety
employee or authorized representative of the state concerned with carrying out
ORS 466.706 to 466.882 and 466.994 or when relevant in any proceeding under ORS
466.706 to 466.882 and 466.994.
     (3) Any record, report or information
obtained or used by the department or the Environmental Quality Commission in
administering the statewide underground storage tank program under ORS 466.706
to 466.882 and 466.994 shall be available to the United States Environmental
Protection Agency upon request. If the record, report or information has been
submitted to the state under a claim of confidentiality, the state shall make
that claim of confidentiality to the Environmental Protection Agency for the
requested record, report or information. The federal agency shall treat the
record, report or information subject to the confidentiality claim as
confidential in accordance with applicable federal law. [Formerly 468.910]
(Enforcement)
     466.805
Site inspection; subpoena or warrant. (1) In order to determine compliance with the provisions of ORS
466.706 to 466.882 and 466.994 and rules adopted under ORS 466.706 to 466.882
and 466.994 and to enforce the provisions of ORS 466.706 to 466.882 and
466.994, any employees of or an authorized and identified representative of the
Department of Environmental Quality may:
     (a) Enter at reasonable times any
establishment or site where an underground storage tank is located;
     (b) Inspect and obtain samples of a
regulated substance contained in an underground storage tank; and
     (c) Conduct an investigation of an
underground storage tank, associated equipment, contents or the soil, air or
waters of the state surrounding an underground storage tank.
     (2) If any person refuses to comply with
subsection (1) of this section, the department or a duly authorized and
identified representative of the department may obtain a warrant or subpoena to
allow such entry, inspection, sampling or copying. [1987 c.539 §30 (enacted in
lieu of 468.907)]
     466.810
Investigation on noncompliance; findings and orders; decommissioning tank;
hearings; other remedies.
(1) Whenever the Department of Environmental Quality has reasonable cause to
believe that an underground storage tank or the operation of an underground
storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply
with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994,
the department may investigate the underground storage tank.
     (2) After the department investigates an
underground storage tank under subsection (1) of this section, the department
may, without notice or hearing, make such findings and issue such orders as it
considers necessary to protect the public health, safety, welfare or the
environment.
     (3) The findings and orders made by the
department under subsection (2) of this section may:
     (a) Require changes in the operation,
practices or operating procedures found to be in violation of ORS 466.706 to
466.882 and 466.994 or the rules adopted under ORS 466.706 to 466.882 and
466.994;
     (b) Require the owner or operator to
comply with the provisions of a permit;
     (c) Require compliance with a schedule
established in the order; and
     (d) Require any other actions considered
necessary by the department.
     (4) After the department issues an order
under subsection (2) of this section, the department may decommission the
underground storage tank or contract with another person to decommission the
underground storage tank.
     (5) The department shall serve a certified
copy of any order issued by it under subsection (2) of this section to the
permittee or the permitteeÂ’s duly authorized representative at the address
furnished to the department in the permit application or other address as the
department knows to be used by the permittee. The order shall take effect 20
days after the date of its issuance, unless the permittee requests a hearing on
the order before the Environmental Quality Commission. The request for a
hearing shall be submitted in writing within 20 days after the department
issues the order.
     (6) All hearings under this section shall
be conducted according to applicable provisions of ORS chapter 183 for
contested cases.
     (7) Whenever it appears to the department
that any person is engaged or about to engage in any act or practice that
constitutes a violation of ORS 466.706 to 466.882 and 466.994 or the rules and
orders adopted under ORS 466.706 to 466.882 and 466.994 or of the terms of any
permit issued under ORS 466.706 to 466.882 and 466.994, the department, without
prior administrative hearing, may institute actions or proceedings for legal or
equitable remedies to enforce compliance therewith or to restrain further
violations thereof. [1987 c.539 §32; 1999 c.849 §101a]
     466.815
Financial responsibility of owner or permittee; rules; legislative review. (1) The Environmental Quality Commission may
by rule require an owner or permittee to demonstrate and maintain financial
responsibility for:
     (a) Taking corrective action;
     (b) Compensating a third party for bodily
injury and property damage caused by a release; and
     (c) Compensating the Department of
Environmental Quality, or any other person, for expenses incurred by the
department or any other person in taking corrective action.
     (2) The financial responsibility
requirements established by subsection (1) of this section may be satisfied by
insurance, guarantee by third party, surety bond, letter of credit or
qualification as a self-insurer or any combination of these methods. In
adopting rules under subsection (1) of this section, the commission may specify
policy or other contractual terms, conditions or defenses necessary or
unacceptable to establish evidence of financial responsibility.
     (3) If an owner or permittee is in
bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy
law, or if jurisdiction in any state or federal court cannot be obtained over
either an owner or a permittee likely to be solvent at the time of judgment,
any claim arising from conduct for which evidence of financial responsibility
must be provided under this section may be asserted directly against the
guarantor. In the case of action under subsection (1)(b) of this section, the
guarantor is entitled to invoke all rights and defenses that would have been
available to the owner or permittee if the action had been brought against the
owner or permittee by the claimant and all rights and defenses that would have
been available to the guarantor if the action had been brought against the
guarantor by the owner or permittee.
     (4) The total liability of a guarantor
shall be limited to the aggregate amount the guarantor provided as evidence of
financial responsibility to the owner or permittee under subsection (2) of this
section. This subsection does not limit any other state or federal statutory,
contractual or common law liability of the guarantor for bad faith in
negotiating or in failing to negotiate the settlement of any claim. This
subsection does not diminish the liability of any person under section 107 or
111 of the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended, or other applicable law.
     (5) Corrective action and compensation
programs financed by a fee paid by owners and permittees and administered by
the department may be used to satisfy all or part of the financial
responsibility requirements of this section.
     (6) No rule requiring an owner or
permittee to demonstrate and maintain financial responsibility shall be adopted
by the commission before review by the appropriate legislative committee as
determined by the President of the Senate and the Speaker of the House of
Representatives. [1987 c.539 §27]
     466.820
Reimbursement to department; procedure for collection; treble damages. (1) The owner and the permittee of an
underground storage tank found to be in violation of any provision of ORS
466.706 to 466.882 and 466.994, shall reimburse the Department of Environmental
Quality for all costs reasonably incurred by the department, excluding
administrative costs, in the investigation of a leak from an underground
storage tank. Department costs may include investigation, design engineering,
inspection and legal costs necessary to correct the leak.
     (2) Payment of costs to the department
under subsection (1) of this section shall be made to the department within 15
days after the end of the appeal period or, if an appeal is filed, within 15
days after the court or the Environmental Quality Commission renders its decision,
if the decision affirms the order.
     (3) If such costs are not paid by the
owner or the permittee of the underground storage tank to the department within
the time provided in subsection (2) of this section, the Attorney General, upon
the request of the director, shall bring action in the name of the State of
Oregon in the Circuit Court of Marion County or the circuit court of any other
county in which the violation may have taken place to recover the amount
specified in the order of the department.
     (4) In addition to any other penalty
provided by law, if any person is found in violation of any provision of ORS
465.200, 466.706 to 466.882, 466.994 and 478.308, the commission or the court
may award damages in the amount equal to three times the amount of all expenses
incurred by the department in investigating the violation.
     (5) Moneys reimbursed shall be deposited
to the State Treasury to the credit of an account of the department and are
continuously appropriated to the department for the purposes of administering
ORS 465.200, 466.706 to 466.882, 466.994 and 478.308. [1987 c.539 §34 (enacted
in lieu of 468.914)]
     466.825
Strict liability of owner or permittee. The owner and permittee of an underground storage tank found to be the
source of a release shall be strictly liable to any owner or permittee of a
nonleaking underground storage tank in the vicinity, for all costs reasonably
incurred by such nonleaking underground storage tank owner or permittee in
determining which tank was the source of the release. [1987 c.539 §35]
     466.830
Halting tank operation upon clear and immediate danger. (1) Whenever, in the judgment of the
Department of Environmental Quality from the results of monitoring or
observation of an identified release, there is reasonable cause to believe that
a clear and immediate danger to the public health, welfare, safety or the
environment exists from the continued operation of an underground storage tank,
the department may, without hearing or prior notice, order the operation of the
underground storage tank or site halted by service of an order on the owner or
permittee of the underground storage tank or site.
     (2) Within 24 hours after the order is
served under subsection (1) of this section, the department shall appear in the
appropriate circuit court to petition for the equitable relief required to
protect the public health, safety, welfare or the environment. [1987 c.539 §36]
     466.835
Compliance and correction costs as lien; enforcement. (1) All compliance and corrective action costs,
penalties and damages for which a person is liable to the state under ORS
466.706 to 466.882 and 466.994 shall constitute a lien upon any real and
personal property owned by the person.
     (2) The Department of Environmental
Quality shall file a claim of lien on real property to be charged with a lien
under subsection (1) of this section with the recording officer of each county
in which the real property is located and shall file a claim of lien on
personal property to be charged with a lien under subsection (1) of this
section with the Secretary of State. The lien shall attach and become
enforceable on the date of the filing. The lien claim shall contain:
     (a) A statement of the demand;
     (b) The name of the person against whose
property the lien attaches;
     (c) A description of the property charged
with the lien sufficient for identification; and
     (d) A statement of the failure of the
person to conduct compliance and corrective actions as required.
     (3) A lien created by this section may be
foreclosed by a suit on real and personal property in the circuit court in the
manner provided by law for the foreclosure of liens.
     (4) Nothing in this section shall affect
the right of the state to bring an action against any person to recover all
costs and damages for which a person is liable under the provisions of ORS
466.706 to 466.882 and 466.994. [1987 c.539 §37]
     466.837
Noncompliance penalties for specific underground storage tank violations;
waiver of right to appeal; advisory committee; rules. (1) Notwithstanding ORS 466.994, the
Environmental Quality Commission shall adopt rules for and implement a program
for the assessment and expedited imposition of noncompliance penalties for
specific underground storage tank violations. The Department of Environmental Quality
shall form an advisory committee to assist the commission in the development of
the program.
     (2) Permittee participation in the program
is voluntary. Participants shall agree to accept the penalty assessed under the
program as the final order by the Department of Environmental Quality and shall
agree to waive any right to an appeal or any other judicial review of the
departmentÂ’s determination of a violation or assessment of a fine.
     (3) A penalty assessed under this program
may not be less than $50 or greater than $500 per individual violation.
Penalties imposed in the aggregate may not be more than $1,500 per facility per
inspection date.
     (4) The fees collected by the department
under this section shall be deposited into the State Treasury to the credit of
an account of the department. All fees paid to the department shall be
continuously appropriated to the department for the purposes of providing
support to the program, technical assistance or operator training or meeting
other needs of the department. [2001 c.754 §13; 2007 c.479 §2]
     Note: See note under 466.785.
(Financial
Assistance Programs)
     466.840
Legislative findings. The
Legislative Assembly finds that:
     (1) The upgrading of underground storage
tanks and the improving of such tanks and associated equipment are necessary to
protect the public health and safety and the environment.
     (2) The costs of upgrading leaking
underground storage tanks, purchasing improved equipment and cleaning up the
contamination caused by leaking underground storage tanks, including the costs
of disposal, remediation or other treatment of soil contaminated as a result of
leaking underground storage tanks, exceed the financial capacity of many owners
and operators of underground storage tanks.
     (3) The availability of motor vehicle fuel
is necessary to create and retain employment and to encourage tourism in
     (4) It is the intent and policy of the
Legislative Assembly to:
     (a) Insure the funding and support of
remedial action and replacement of leaking underground storage tanks and
associated equipment, while allowing the owners and operators to continue to
operate their businesses in Oregon; and
     (b) In order to insure such funding and
support, prevent a local unit of government from imposing taxes, fees or
surcharges on soil generated as a result of remedial action or replacement of
leaking underground storage tanks. [1993 c.661 §2]
     466.845
Commission authority to accept and expend moneys received for financial
assistance programs. (1) The
Environmental Quality Commission may accept and expend moneys from any public
or private source, including the federal government, made available for the
purpose of carrying out financial assistance programs for owners and operators
of storage tanks containing motor vehicle fuel.
     (2) All moneys and the proceeds of all
moneys received by the Environmental Quality Commission under this section
shall be deposited in the Underground Storage Tank Compliance and Corrective
Action Fund to be used for the purposes for which they were made available and
shall be expended in accordance with the terms and conditions upon which they
were made available. [1993 c.661 §3]
     466.850 [1997 c.838 §1; repealed by 1999 c.880 §8]
     466.855 [1997 c.838 §2; repealed by 1999 c.880 §8]
(Heating Oil
Tanks)
     466.858
Heating oil tank regulatory program; license to provide heating oil tank
services; certification of corrective action. (1) The Environmental Quality Commission shall adopt a heating oil
tank program to regulate the decommissioning of heating oil tanks and the
corrective action of soil contamination resulting from the release of oil from
heating oil tanks.
     (2) The program adopted under subsection
(1) of this section shall include:
     (a) A procedure to license persons who
demonstrate, to the satisfaction of the Department of Environmental Quality,
the ability to provide heating oil tank services.
     (b) An educational pamphlet on the proper
procedure to decommission heating oil tanks.
     (c) A certification program that allows
the department to certify the voluntary decommissioning of heating oil tanks or
to approve a corrective action that is certified to be complete by a person
licensed under ORS 466.868 to perform such corrective action. [1999 c.979 §2]
     466.860 [1997 c.838 §3; repealed by 1999 c.880 §8]
     466.862
License required to provide heating oil tank services. No person shall perform or offer to perform
heating oil tank services without first obtaining the license required under
ORS 466.868. [1999 c.979 §3]
     466.865 [1997 c.838 §4; repealed by 1999 c.880 §8]
     466.868
Licensing requirements; annual fee; registry of licensees; revocation of
license. (1) In order to
obtain a license under the program established pursuant to ORS 466.858, a
person shall provide to the Department of Environmental Quality:
     (a) A certificate of insurance in an
amount adequate to pay for any additional corrective action necessary as a
result of an improper or inadequate decommissioning or corrective action
approved by the department.
     (b) A summary of all projects completed
since the applicant last applied for a license, including the costs of those
projects.
     (c) For each individual license, a
demonstration of ability, which may consist of written or field examinations.
     (d) Any other information deemed necessary
by the department.
     (e) An annual license fee. The fee shall
be:
     (A) $750 for the business, including but
not limited to corporations, limited partnerships and sole proprietorships,
engaged in the performance of heating oil tank services; and
     (B) $75 for each individual employed by
the business and charged with the supervisory responsibility to direct and
oversee the performance of tank services at a facility.
     (2) The department shall maintain a
registry of all persons licensed under this section, including a summary of the
project information required in the application.
     (3) In accordance with ORS chapter 183,
the department may revoke a license of any person offering heating oil tank
services who commits fraud or deceit in obtaining a license or who demonstrates
negligence or incompetence in performing the heating oil tank services. [1999
c.979 §4]
     466.870 [1997 c.838 §5; repealed by 1999 c.880 §8]
     466.872
Certification of voluntary decommissioning or approval of corrective action;
fee. (1) In establishing the
requirements to certify a voluntary decommissioning or to approve corrective
action on the basis of a certification received from a heating oil tank service
provider, the Department of Environmental Quality shall include:
     (a) A process for conducting inspections
of sites where a heating oil tank has been decommissioned or where a heating
oil tank service provider certifies corrective action is complete;
     (b) The specific information that a person
must submit to certify that corrective action is complete;
     (c) Provisions that allow the department
to reject certification and require additional corrective action prior to
approval by the department that the certification is complete and complies with
the standard set forth in ORS 465.315; and
     (d) Provisions to require additional
information about a decommissioning before certifying the decommissioning.
     (2) Any person requesting certification of
a heating oil tank decommissioning under subsection (1) of this section shall
file a request with the department accompanied by a filing fee of $75.
     (3) Any person requesting certification of
a heating oil tank corrective action under subsection (1) of this section shall
file a request with the department accompanied by a filing fee of $200. [1999
c.979 §6; 2001 c.755 §1; 2007 c.85 §1]
     Note: Section 2, chapter 85, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
466.872 by section 1 of this 2007 Act apply only to requests made on or after
September 1, 2007, or on or after the first day of the second calendar month
following the effective date of this 2007 Act [May 7, 2007], whichever is
later. [2007 c.85 §2]
     466.878
Required actions when use of underground heating oil tank is terminated;
requirements at time of sale of real property containing abandoned heating oil
tank. (1) When the use of an
underground heating oil tank is terminated because the tank is replaced or an
oil-heated building or residence is converted to a different primary source of
heat:
     (a) The property owner shall ensure that
the underground heating oil tank has been emptied of oil, which shall be
appropriately managed.
     (b) The vent line shall be left in place
if the tank is not decommissioned.
     (c) The person installing the new heating
equipment shall advise the property owner that it is illegal to disconnect a
heating oil tank without pumping out the tank and that there are practices
recommended by the Department of Environmental Quality for decommissioning a
heating oil tank.
     (2) When real property is sold, the seller
shall ensure that any abandoned heating oil tank that is known to be on the
property has been emptied of oil, which shall be appropriately managed, and the
seller shall provide to the buyer documentation showing that the tank has been
emptied. [1999 c.880 §6]
     466.880 [Formerly 459.995; (3) and (4) enacted by
1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 466.990 in 1997]
     466.882
Rules. The Environmental
Quality Commission shall adopt rules necessary to carry out ORS 466.858 to
466.878. The rules shall include but need not be limited to:
     (1) A voluntary process for certifying the
decommissioning of an abandoned underground heating oil tank;
     (2) Information required to be submitted
by a licensed heating oil tank service provider or homeowner to allow the
Department of Environmental Quality to approve a heating oil tank corrective
action;
     (3) Requirements for the approval of
decommissioning;
     (4) Standards to define adequate tank
decommissioning; and
     (5) Requirements for the approval by the Department
of Environmental Quality of decommissioning of underground heating oil tanks
that were decommissioned before August 17, 1999. [1999 c.979, §7; 1999 c.979 §16]
     466.890 [1985 c.685 §2; renumbered 466.992 in 1997]
     466.895 [1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36;
renumbered 466.994 in 1997]
     466.900 [1987 c.735 §23; renumbered 465.900 in 1989]
UNDERGROUND
STORAGE TANKS HOLDING AIRCRAFT OR MARINE FUEL
     466.901
Definitions for ORS 466.901 to 466.915. As used in ORS 466.901 to 466.915:
     (1) “Commission” means the Environmental
Quality Commission.
     (2) “Corrective action” means remedial
action taken to protect the present or future public health, safety or welfare
or the environment from a release of aircraft or marine fuel. “Corrective action”
includes but is not limited to:
     (a) The prevention, elimination, removal,
abatement, control, minimization, investigation, assessment, evaluation or
monitoring of a hazard or potential hazard or threat, including migration of
released aircraft or marine fuel; or
     (b) Transportation, storage, treatment or
disposal of aircraft or marine fuel or contaminated material from a site.
     (3) “Department” means the Department of
Environmental Quality.
     (4) “Facility” means any one or
combination of fuel tanks and pipes connected to the tanks, used to contain an
accumulation of aircraft or marine fuel including gasoline or diesel oil, that
are located at one contiguous geographical site.
     (5) “Fuel tank” means an underground
storage tank, as defined in ORS 466.706, used to contain an accumulation of
aircraft or marine fuel.
     (6) “Investigation” means monitoring,
surveying, testing or other information gathering.
     (7) “Owner” means the owner of a fuel
tank.
     (8) “Port” has the meaning given that term
in ORS 777.005. ”Port” includes an airport, as defined in ORS 836.005,
that is owned by a port.
     (9) “Release” means the discharge,
deposit, injection, dumping, spilling, emitting, leaking or placing of aircraft
or marine fuel from a fuel tank into the air or into or on land or the waters
of the state, other than as authorized by a permit issued under state or
federal law.
     (10) “Stage I vapor collection system”
means a system where fuel vapors are forced from a tank into a vapor-tight
holding system or vapor control system through direct displacement by the fuel
being loaded.
     (11) “Stage II vapor collection system”
means a system where at least 90 percent, by weight, of the fuel vapors that
are displaced or drawn from a fuel tank during refueling are transferred to a
vapor-tight holding system or vapor control system.
     (12) “Waters of the state” has the meaning
given that term in ORS 468B.005. [1997 c.788 §1]
     Note: 466.901 to 466.920 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
466 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     466.903
Financial assistance program for fuel tanks holding aircraft or marine fuel;
application; fees. (1) The
Department of Environmental Quality shall conduct a financial assistance
program as described in this section and ORS 466.905, for the purpose of
upgrading or replacing fuel tanks, conducting corrective action or installing
stage I and II vapor collection system underground piping, hoses and nozzles at
a fuel tank facility holding an accumulation of aircraft or marine fuel for
resale.
     (2) An applicant for financial assistance
shall submit an application for financial assistance to bring the applicantÂ’s
fuel tank facility into compliance with any applicable technical and financial
responsibility requirements.
     (3) An applicant under subsection (2) of
this section shall sign a consent agreement with the department to bring the
applicantÂ’s fuel tank facility into compliance with all applicable technical
and financial responsibility requirements. In the consent agreement, the
department may require the applicant to conduct daily inventory control and
reconciliation, investigate a suspected release, report a confirmed release within
24 hours, determine whether an imminent hazard exists through adequate
investigation and testing and conduct other reasonable fuel tank facility
management activities that do not require capital investment.
     (4) An applicant who the department determines
is eligible for financial assistance shall not be subject to enforcement action
under ORS 466.706 to 466.882 and 466.994 if the applicant is making a good
faith effort to:
     (a) Bring the applicant’s fuel tank
facility into compliance with all technical and financial responsibility
requirements on or before December 22, 1998; or
     (b) Permanently close the fuel tank
facility in accordance with applicable fuel tank requirements on or before
December 22, 1998.
     (5) In order to manage the funds available
in the Fuel Tank Compliance and Corrective Action Fund, and to process the
projected number of financial assistance applications, the department may
establish a schedule for starting construction of the projects receiving
financial assistance under this section and ORS 466.905. If the department
finds that it is necessary to adjust an applicantÂ’s schedule, the department
shall consult with the applicant in establishing the new schedule. The
applicantÂ’s financial assistance from the department shall not be adversely
affected by a schedule change imposed by the department.
     (6) Any port that does not submit an
application for financial assistance shall comply with all applicable technical
and financial responsibility requirements. Any port that receives financial
assistance shall comply with all applicable technical and financial
responsibility requirements within 60 days after completing the upgrade or
replacement project.
     (7) An applicant for financial assistance
shall:
     (a) Hold a valid underground storage tank
permit for the facility for which the applicant is requesting the assistance;
     (b) Pay all annual underground storage
tank compliance fees, including any fees currently due;
     (c) Take appropriate corrective action in
accordance with rules of the Environmental Quality Commission in the event of
an imminent hazard involving ground water contamination or a threat of fire and
explosion from a spill or release of fuel; and
     (d) If the applicant closes a fuel tank
facility, conduct closure operations in accordance with requirements
established by rule by the commission. [1997 c.788 §2]
     Note: See note under 466.901.
     466.905
Eligibility for financial assistance; amount of grants. (1) Any port that owns or is responsible for
a fuel tank holding an accumulation of aircraft or marine fuel for resale may
be eligible for the financial assistance program established pursuant to this
section and ORS 466.903. The financial assistance may be used to upgrade or
replace a fuel tank, conduct corrective action or install stage I and II vapor
collection system underground piping, hoses and nozzles at a fuel tank facility
in conformity with applicable state and federal fuel tank, air quality and
corrective action rules. If the port owns or is responsible for more than one fuel
tank facility, the port is eligible for all applicable financial assistance for
each facility.
     (2) Any port owning or responsible for 12
or fewer tanks, and meeting the criteria in subsection (3) of this section, may
be eligible for a fuel tank essential services grant. The grant may be for an
amount of 75 percent of eligible project costs but shall not exceed $75,000.
     (3) An applicant for a fuel tank essential
services grant also shall be the sole supplier of aircraft or marine fuel for
the port. [1997 c.788 §3]
     Note: See note under 466.901.
     466.907
Rules. The Environmental
Quality Commission may adopt rules to implement the financial assistance
program established by ORS 466.903 and 466.905. However, to the maximum extent
possible, the Department of Environmental Quality shall rely on existing rules
adopted by the commission to carry out other programs providing financial
assistance to owners or operators of underground storage tank facilities. [1997
c.788 §4]
     Note: See note under 466.901.
     466.910
Sources of funds; disposition.
(1) The Environmental Quality Commission may accept and expend moneys from any
public or private source, including the federal government, made available for
the purpose of carrying out the financial assistance program established by ORS
466.903 and 466.905.
     (2) All moneys and the proceeds of all
moneys received by the commission under this section shall be deposited in the
Fuel Tank Compliance and Corrective Action Fund to be used for the purposes for
which they were made available and shall be expended in accordance with the
terms and conditions upon which they were made available. [1997 c.788 §5]
     Note: See note under 466.901.
     466.913
Fuel Tank Compliance and Corrective Action Fund. (1) The Fuel Tank Compliance and Corrective
Action Fund is established separate and distinct from the General Fund in the
State Treasury.
     (2) The following moneys, as they pertain
to a fuel tank facility, shall be deposited into the State Treasury and
credited to the Fuel Tank Compliance and Corrective Action Fund:
     (a) Moneys recovered or otherwise received
from responsible parties for corrective action related to a fuel tank facility;
     (b) Moneys allocated to the fund from the
Administrative Services Economic Development Fund;
     (c) Any penalty, fine or damages recovered
under ORS 466.770 pertaining to a fuel tank facility; and
     (d) Any moneys received pursuant to ORS
466.910.
     (3) The State Treasurer may invest and
reinvest moneys in the fund in the manner provided by law.
     (4) The moneys in the fund are
appropriated continuously to the Department of Environmental Quality to be used
as provided in subsection (5) of this section.
     (5) Moneys in the fund may be used by the
department for administration and funding of the essential services grant
program established under ORS 466.903 and 466.905. [1997 c.788 §6]
     Note: See note under 466.901.
     466.915
Memorandum of understanding with State Marine Board or Department of
Transportation. The
Department of Environmental Quality may enter into a memorandum of
understanding with the State Marine Board or the Department of Transportation
that provides for the State Marine Board or the Department of Transportation to
manage essential services grants awarded to eligible ports, as determined by
the Department of Environmental Quality under ORS 466.903 and 466.905. [1997
c.788 §7]
     Note: See note under 466.901.
     466.917
Priority of financial assistance granted by Director of Transportation. In rendering financial assistance under ORS
836.015, the Director of Transportation shall give priority to any applicant
who requests financial aid to cover those costs of upgrading or replacing fuel
tanks that exceed the amount of a grant awarded to the applicant under ORS
466.903 and 466.905. In order to receive priority under this section, the
applicant shall:
     (1) Otherwise meet eligibility
requirements for financial assistance under ORS 836.015; and
     (2) Be a recipient of a grant under ORS
466.903 and 466.905. [1997 c.788 §8]
     Note: See note under 466.901.
     466.920
Priority for distribution of funds by State Marine Board. Notwithstanding ORS 830.150 (2)(a), in
distributing funds under ORS 830.150 (1), the State Marine Board shall give
priority to any applicant who applies for funds to cover those costs of upgrading
or replacing fuel tanks that exceed the amount of a grant awarded to the
applicant under ORS 466.903 and 466.905. In order to receive priority under
this section, the applicant shall:
     (1) Otherwise meet eligibility
requirements for receipt of funds distributed under ORS 830.150; and
     (2) Be a recipient of a grant under ORS
466.903 and 466.905. [1997 c.788 §9]
     Note: See note under 466.901.
CIVIL
PENALTIES
     466.990
Civil penalties generally.
(1) In addition to any other penalty provided by law, any person who violates
ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental
Quality Commission rule or order pertaining to the generation, treatment,
storage, disposal or transportation by air or water of hazardous waste, as
defined by ORS 466.005, shall incur a civil penalty not to exceed $10,000 for
each day of the violation.
     (2) The civil penalty authorized by
subsection (1) of this section shall be imposed in the manner provided by ORS
468.135.
     (3) In addition to any other penalty provided
by law, any person who violates a provision of ORS 466.605 to 466.680, or any
rule or order entered or adopted under ORS 466.605 to 466.680, may incur a
civil penalty not to exceed $10,000. Each day of violation shall be considered
a separate offense.
     (4) The civil penalty authorized by
subsection (3) of this section shall be imposed in the manner provided by ORS
468.135, except that a penalty collected under this section shall be deposited
to the fund established in ORS 466.670. [Formerly 466.880]
     466.992
Civil penalties for damage to wildlife resulting from contamination of food or
water supply. (1) Any person
who has care, custody or control of a hazardous waste or a substance which
would be a hazardous waste except for the fact that it is not discarded,
useless or unwanted shall incur a civil penalty according to the schedule set
forth in subsection (2) of this section for the destruction, due to
contamination of food or water supply by such waste or substance, of any of the
wildlife referred to in subsection (2) of this section that are the property of
the state.
     (2) The penalties referred to in
subsection (1) of this section shall be as follows:
     (a) Each game mammal other than mountain
sheep, mountain goat, elk or silver gray squirrel, $400.
     (b) Each mountain sheep or mountain goat,
$3,500.
     (c) Each elk, $750.
     (d) Each silver gray squirrel, $10.
     (e) Each game bird other than wild turkey,
$10.
     (f) Each wild turkey, $50.
     (g) Each game fish other than salmon or
steelhead trout, $5.
     (h) Each salmon or steelhead trout, $125.
     (i) Each fur-bearing mammal other than
bobcat or fisher, $50.
     (j) Each bobcat or fisher, $350.
     (k) Each specimen of any wildlife species
whose survival is specified by the wildlife laws or the laws of the
     (L) Each specimen of any wildlife species
otherwise protected by the wildlife laws or the laws of the
     (3) The civil penalty imposed under this
section shall be in addition to other penalties prescribed by law. [Formerly
466.890]
     466.994
Civil penalties for violations of underground storage tank regulations. (1) Any person who violates any provision of
ORS 466.706 to 466.882 and this section, a rule adopted under ORS 466.706 to
466.882 and this section or the terms or conditions of any order or permit
issued by the Department of Environmental Quality under ORS 466.706 to 466.882
and this section shall be subject to a civil penalty not to exceed $10,000 per
violation per day of violation.
     (2) Each violation may be a separate and
distinct offense and in the case of a continuing violation, each dayÂ’s
continuance thereof may be deemed a separate and distinct offense.
     (3) The civil penalties authorized under
this section shall be imposed in the manner provided by ORS 468.135 except that
a penalty collected under subsection (1) of this section shall be deposited to
the fund established in ORS 466.791. [Formerly 466.895; 2001 c.754 §7]
CRIMINAL
PENALTIES
     466.995
Criminal penalties. (1)
Penalties provided in this section are in addition to and not in lieu of any
other remedy specified in ORS 459.005 to 459.105, 459.205 to 459.385, 466.005
to 466.385 or 466.992.
     (2) Subject to ORS 153.022, violation of a
provision of ORS 466.605 to 466.680 or of any rule or order entered or adopted
under ORS 466.605 to 466.680 is punishable, upon conviction, by a fine of not
more than $10,000 or by imprisonment in the county jail for not more than one
year or both. Each day of violation shall be considered a separate offense.
     (3) Subject to ORS 153.022, any person who
knowingly violates any provision of ORS 466.706 to 466.882 and 466.994 or the
rules adopted under ORS 466.706 to 466.882 and 466.994 shall be subject to a
criminal penalty not to exceed $10,000 or imprisonment for not more than one
year or both. Each day of violation shall be deemed a separate offense.
     (4) Subject to ORS 153.022, any person who
knowingly violates any provision of ORS 465.200 to 465.545 or any rule or order
adopted or issued under ORS 465.200 to 465.545 shall, upon conviction, be
subject to a criminal penalty not to exceed $10,000 or imprisonment for not
more than one year, or both. Each day of violation shall be deemed a separate
offense. [Formerly 459.992; (3) enacted by 1985 c.733 §18; 1987 c.158 §93;
subsection (4) enacted as 1987 c.539 §38; subsection (5) enacted as 1987 c.735 §24;
1993 c.422 §18; 1999 c.1051 §304]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.