Chapter 453 — Hazardous
Substances; Radiation Sources
2011 EDITION
HAZARDOUS SUBSTANCES; RADIATION SOURCES
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
453.001 Definitions
for ORS 453.001 to 453.185 and 453.605 to 453.807
HAZARDOUS SUBSTANCES
(Generally)
453.005 Definitions
for ORS 453.005 to 453.135
453.015 Application
453.025 Certain
practices not affected by ORS 453.005 to 453.135
(Regulation; Prohibited Acts)
453.035 Standards
for labeling of hazardous substances
453.045 Poison
registers; contents
453.055 Hazardous,
banned hazardous, misbranded hazardous substances; declaration; removal from
commerce
453.065 Detention
of suspected substances; petition for label of condemnation; judgment,
relabeling or destruction of substances; expenses
453.075 Repurchase
of banned hazardous substances previously sold; refund of purchase price
453.085 Prohibited
acts
(Administration)
453.095 Rules;
determination of combustibility, flammability; designating strong sensitizers
(Enforcement)
453.105 Authority
to enter premises; inspections; taking samples; payment
453.115 Access
to records of persons carrying, receiving or storing in commerce; use as
evidence limited; exemption for carriers
453.125 Enjoining
violations
453.135 Notice
required prior to institution of criminal proceedings
(Miscellaneous)
453.175 Necessity
for poison label; content
453.185 False
representation by purchaser prohibited
ART AND CRAFT MATERIALS
(General Provisions)
453.205 Definitions
for ORS 453.205 to 453.275
453.215 Legislative
findings
(Regulation; Prohibited Acts)
453.225 When
presumption of toxic ingredient arises
453.235 Distribution
of material containing toxic substances; warnings required; exemptions
453.245 Order
or purchase by school of material considered to contain toxic substance
prohibited; exceptions
(Information; Labeling)
453.255 List
of authorized art and craft materials; distribution of lists; information about
and disposal of toxic materials
453.265 Filing
of formulation information with poison control centers required; labeling
(Civil Penalty)
453.275 Civil
penalty
COMMUNITY INFORMATION ON HAZARDOUS
SUBSTANCES
453.307 Definitions
for ORS 453.307 to 453.414
453.312 Legislative
findings
453.317 Hazardous
substance survey; rules; information to be supplied
453.322 Retention
of information; distribution of and access to information
453.327 Public
access; identity of requester
453.332 When
disclosure of identity may be withheld
453.337 When
disclosure of identity of hazardous substance required
453.342 When
incident of injury to be reported; summary of injuries
453.347 Emergency
response planning
453.352 Exemption
from reporting requirements; rules
453.357 Civil
penalty
453.362 Department
of Consumer and Business Services to supply employers’ names; reimbursement
453.367 Rules
453.370 Limitations
on local community right to know regulatory programs; local fees
453.372 Short
title
453.374 Hazardous
material emergency response system; implementation; contents; rules; fees
453.376 Disclosure
of information to State Fire Marshal; entry onto premises
453.378 Disclosure
of information to local government official; entry onto premises
453.380 Regional
hazardous material response team; use
453.382 Cost
of responding to emergency; responsibility; billing; recovery
453.384 Immunity
of team members from liability
453.386 Equipment
and personnel; loaning; grants
453.388 Contracts
for equipment, personnel loans or equipment purchases; provisions; rules
453.390 Revolving
fund; use
453.396 Definitions
for ORS 453.396 to 453.414
453.398 Purpose
453.400 Possession
of hazardous substance; fee
453.402 Fees;
statement; schedules; uses; collection; local hazardous substance fees
453.404 Extension
of payment date
453.406 Records
of hazardous substance possessed; examinations
453.408 Rules
453.410 Application
of ORS chapters 305 and 314
453.412 Deposit
and distribution of moneys received from fees
453.414 Exemption
for local government; circumstances allowing
453.520 State
Fire Marshal as state emergency response commission
RADIATION SOURCES
(Generally)
453.605 Definitions
for ORS 453.605 to 453.800
453.615 Statement
of policy
453.625 Purpose
of ORS 453.605 to 453.800
453.635 State
Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800
453.645 Radiation
Advisory Committee; composition; compensation and expenses
453.655 License
or registration required for radiation source
453.665 Licenses;
application; modifications; exemptions; rules
453.675 State
assumption of federal responsibility for radiation sources; effect of federal
licenses
453.685 Entry
on property for inspection purposes; issuance of warrant; liability for entry
453.695 Records
concerning radiation source; notice of exposure to radiation source
453.705 Impounding
radiation source upon violation
453.715 Injunction
against violation
(Tanning Facilities)
453.726 Definitions
for ORS 453.726 to 453.732
453.727 Purpose
of ORS 453.726 to 453.732
453.728 Tanning
device to comply with federal requirements; exception for certain phototherapy
devices
453.729 Standards
and regulation of tanning devices; rules; fee; inspection
453.730 Written
warning statement and sign; content; rules
453.731 Civil
penalty for violation of ORS 453.726 to 453.732
453.732 Disposition
of receipts
(Preemption; Intergovernmental
Cooperation)
453.735 ORS
453.605 to 453.800 and rules supersede contrary laws or regulations
453.745 Intergovernmental
cooperation to control radiation sources
(X-ray Machines)
453.752 X-ray
machine registration; inspection and testing requirements; evidence of
registration
453.754 Application
for X-ray machine registration; renewal notice
453.757 X-ray
machine biennial registration fee; annual license fees; use of fees; rules
453.761 X-ray
machine registration period; denial, conditioning, suspension or revocation of
registration; termination
453.766 Prohibited
conduct
453.771 Imposition
of civil penalty for X-ray machine registration violations
453.775 Duties
of Oregon Health Authority pertaining to X-ray machines
(Radiology Inspectors)
453.780 Radiology
inspectors; license; minimum qualifications
453.785 Accreditation;
renewal
453.790 Power
of Oregon Health Authority to condition, suspend, revoke or refuse to renew
radiology inspector accreditation; rules
453.795 Duties
of Oregon Health Authority pertaining to accreditation of radiology inspectors;
rules
453.800 X-ray
Machine Inspection Account; sources; use of moneys in account
453.805 Elimination
of radiation source danger; compelling compliance
453.807 When
hearing required; procedure; rules
TRANSPORTATION OF HAZARDOUS SUBSTANCES
AND RADIOACTIVE
MATERIALS
453.825 Department
of Transportation plan for regulating transport of hazardous substances and
radioactive waste
453.835 Report
to legislative committee
CLEANUP OF TOXIC CONTAMINATION FROM
ILLEGAL DRUG MANUFACTURING
453.855 Purpose
453.858 Definitions
for ORS 453.855 to 453.912
453.861 Applicability
453.864 Rules
453.867 Restriction
on transfer of property used as illegal drug manufacturing site; contracts
voidable
453.870 Transfer
allowed after full disclosure
453.873 Entry
onto property; purposes; inspection
453.876 Determination
that property is not fit for use; appeal; notice to local residents
453.879 Director
of the Department of Consumer and Business Services to be notified of
determination
453.882 Contaminated
property as public nuisance
453.885 Decontamination
of property; certification process
453.886 Notice
by county or local government required before incurring costs; owner’s or
lienholder’s proposal for decontamination and certification; injunction to
prevent use of property; priority for liens for costs incurred
453.888 License
required to perform decontamination; procedure; grounds for denial, revocation
or suspension of license; civil penalty; rules
453.891 Oregon
Health Authority to provide information to licensed contractors and those
planning to become licensed
453.894 Licensing
fees; rules
453.897 Lists
of licensed contractors to be made available
453.900 Inspection
of decontamination work; contracts to perform
453.903 Evaluation
of decontamination projects; civil penalty
453.906 Condemnation
or demolition of property; standards; rules
453.909 Authority
of counties and cities
453.912 Governmental
immunity from liability
PENALTIES
453.990 Criminal
penalties
453.995 Civil
penalties
GENERAL PROVISIONS
453.001 Definitions for ORS 453.001 to
453.185 and 453.605 to 453.807. As used in
ORS 453.001 to 453.185 and 453.605 to 453.807, unless the context requires
otherwise:
(1)
“Authority” means the Oregon Health Authority.
(2)
“Director” means the Director of the Oregon Health Authority. [1973 c.829 §15b;
2001 c.900 §200; 2009 c.595 §878]
HAZARDOUS SUBSTANCES
(Generally)
453.005 Definitions for ORS 453.005 to
453.135. As used in ORS 453.005 to 453.135
unless the context requires otherwise:
(1)
“Combustible” means any substance that has a flash point above 80 degrees
Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open
Cup Tester.
(2)
“Commerce” means any and all commerce within the State of Oregon and subject to
the jurisdiction thereof and includes the operation of any business or service
establishment.
(3)
“Corrosive” means any substance that in contact with living tissue will cause
destruction of tissue by chemical action, but does not refer to action on
inanimate surfaces.
(4)
“Electrical hazard” means an article that because of its design or manufacture
may cause personal injury or illness by electric shock when in normal use or
when subjected to reasonably foreseeable damage or abuse.
(5)
“Extremely flammable” means any substance that has a flash point at or below 20
degrees Fahrenheit as determined by the Tagliabue Open Cup Tester.
(6)
“Flammable” means any substance that has a flash point of above 20 degrees to
and including 80 degrees Fahrenheit, as determined by the Tagliabue Open Cup
Tester.
(7)
“Hazardous substance” means:
(a)
Any substance that is toxic, corrosive, an irritant, a strong sensitizer,
flammable, combustible, or generates pressure through decomposition, heat or
other means, if such substance or mixture of substances may cause substantial
personal injury or substantial illness during or as a proximate result of any
customary or reasonably foreseeable handling or use, including reasonably
foreseeable ingestion by children, or any substance that the Director of the
Oregon Health Authority finds, pursuant to the provisions of ORS 453.005 to
453.135, comes within the definition of this paragraph.
(b)
Any radioactive substance, if, with respect to such substance as used in a
particular class of article or as packaged, the director determines that the
substance is sufficiently hazardous to require labeling in accordance with ORS
453.005 to 453.135 in order to protect the public health. However, “hazardous
substance” does not include any source material, special nuclear material, or
by-product material as defined in the Atomic Energy Act of 1954, as amended,
and regulations issued pursuant thereto by the Atomic Energy Commission.
(c)
Any toy or other article intended for use by children that the director
determines in accordance with ORS 453.055 presents an electrical, thermal or
mechanical hazard.
(d)
Any article that is not pesticide within the meaning of the Federal
Insecticide, Fungicide, and Rodenticide Act or regulated under ORS 616.335 to
616.385, but that is a hazardous substance within the meaning of paragraph (a)
of this subsection by reason of bearing or containing pesticide.
(e)
The following brominated flame retardant chemicals:
(A)
Pentabrominated diphenyl ether;
(B)
Octabrominated diphenyl ether; and
(C)
Decabrominated diphenyl ether.
(8)
“Highly toxic” means any substance that falls within any of the following
categories:
(a)
Produces death within 14 days in one-half or more of a group of 10 or more
laboratory white rats each weighing between 200 and 300 grams, at a single dose
of 50 milligrams or less per kilogram of body weight, when orally administered;
(b)
Produces death within 14 days in one-half or more of a group of 10 or more
laboratory white rats each weighing between 200 and 300 grams, when inhaled
continuously for a period of one hour or less at an atmosphere concentration of
200 parts per million by volume or less of gas or vapor or two milligrams per
liter by volume or less of mist or dust, provided such concentration is likely
to be encountered by humans when the substance is used in any reasonably
foreseeable manner; or
(c)
Produces death within 14 days in one-half or more of a group of 10 or more
rabbits tested in a dosage of 200 milligrams or less per kilogram of body
weight, when administered by continuous contact with the bare skin for 24 hours
or less.
(9)
“Immediate container” does not include package liners.
(10)
“Irritant” means any substance not corrosive within the meaning of subsection
(3) of this section, but that on immediate, prolonged, or repeated contact with
normal living tissue will induce a local inflammatory reaction.
(11)
“Label” means a display of written, printed, or graphic matter upon the
immediate container of any substance, or in the case of an article that is
unpackaged or is not packaged in an immediate container intended or suitable
for delivery to the ultimate consumer, a display of such matter directly on the
article involved or on a tag or other suitable material affixed thereto, and a
requirement made by or under authority of ORS 453.005 to 453.135 that any word,
statement, or other information appearing on the label shall not be considered
to be complied with unless such word, statement, or other information also
appears on the outside container or wrapper, if any, unless it is easily
legible through the outside container or wrapper and on all accompanying
literature where there are directions for use, written or otherwise.
(12)
“Mechanical hazard” means an article that in normal use or when subjected to
reasonably foreseeable damage or abuse presents an unreasonable risk of
personal injury or illness, by its design or manufacture:
(a)
From fracture, fragmentation, or disassembly of the article;
(b)
From propulsion of the article or any part or accessory thereof;
(c)
From points or other protrusions, surfaces, edges, openings, or closures;
(d)
From moving parts;
(e)
From lack or insufficiency of controls to reduce or stop motion;
(f)
As a result of self-adhering characteristics of the article;
(g)
Because the article or any part or accessory thereof may be aspirated or
ingested;
(h)
Because of instability; or
(i)
Because of any other aspect of the article’s design or manufacture.
(13)
“Misbranded hazardous substance” means a hazardous substance that does not meet
the labeling requirements of ORS 453.035.
(14)
“Poison” means:
(a)
Arsenic and its preparations;
(b)
Corrosive sublimate;
(c)
Cyanides and preparations, including hydrocyanic acid;
(d)
Hydrochloric acid and any preparation containing free or chemically
unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more;
(e)
Nitric acid or any preparation containing free or chemically unneutralized
nitric acid (HNO3) in a concentration of five percent or more;
(f)
Strychnine;
(g)
Sulfuric acid and any preparation containing free or chemically unneutralized
sulfuric acid (H2SO4) in a concentration of 10 percent or
more;
(h)
Solution of ammonia, U.S.P. 28 percent; or
(i)
Carbolic acid.
(15)
“Radioactive substance” means a substance that emits ionizing radiation.
(16)
“Strong sensitizer” means a substance that will cause on normal living tissue,
through an allergic or photodynamic process, a hypersensitivity that becomes
evident on reapplication of the same substances and that is designated as such
by the director.
(17)
“Thermal hazard” means an article that, in normal use or when subjected to
reasonably foreseeable damage or abuse, because of its design or manufacture
presents an unreasonable risk of personal injury or illness because of heat as
from heated parts, substances or surfaces.
(18)
“Toxic substance” means any substance, other than radioactive substance, that
has the capacity to produce personal injury or illness to humans through
ingestion, inhalation, or absorption through any body surface. [1971 c.409 §1;
1993 c.18 §111; 2005 c.496 §1; 2009 c.595 §879; 2009 c.639 §1]
453.010
[Amended by 1969 c.631 §1; repealed by 1971 c.409 §16]
453.015 Application.
ORS 453.005 to 453.135 and 453.990 (2) do not apply to:
(1)
Articles such as chemical sets which by reason of functional purpose require
the inclusion of the hazardous substance involved or necessarily present an
electrical, mechanical or thermal hazard, and which bear labeling giving
adequate directions and warnings for safe use, and are intended for use by
children who have attained sufficient maturity and may reasonably be expected
to read and heed these directions and warnings.
(2)
Common fireworks regulated under ORS 480.110 to 480.165.
(3)
Pesticides subject to the Federal Insecticide, Fungicide and Rodenticide Act or
regulated by ORS 616.335 to 616.385.
(4)
Substances intended for use as fuels when stored in containers and used in the
heating, cooking or refrigeration system of a house.
(5)
Foods or drugs otherwise regulated by this state.
(6)
Poisons sold to the ultimate consumer for agricultural or industrial uses in
amounts of 10 pounds or more.
(7)
Any substance for use in a scientific laboratory. [1971 c.409 §3]
453.020
[Amended by 1953 c.64 §2; 1969 c.514 §50; renumbered 689.865]
453.025 Certain practices not affected by
ORS 453.005 to 453.135. (1) Nothing in ORS 453.005 to 453.135
and 453.990 (2) is intended to interfere with or prevent the legitimate sale of
completely denatured alcohol or methyl alcohol (methanol) by garages and
filling stations, when used for antifreeze purposes and poured directly into
the radiator of any automobile or motor vehicle by the seller thereof.
(2)
Stores and shops other than pharmacies may sell completely denatured alcohol or
methyl alcohol (methanol) in quantities of not less than one gallon only in
original containers and only when properly labeled by distiller or wholesale
distributor and bearing also seller’s label. The name and address of seller
must be applied by label on the container. The record of such wholesale
quantities must be kept by the seller and information including date, means of
identification and purported use must also be kept.
(3)
Sellers of denatured alcohol or methyl alcohol (methanol) only are not required
to obtain a shopkeepers’ license under ORS 689.305.
(4)(a)
Subject to the exemption under paragraph (b) of this subsection, retail sales
of completely denatured alcohol, methyl alcohol (methanol), heating fuel
mixtures and other forms of denatured alcohol except heating fuel mixtures and
other forms of denatured alcohol containing less than five percent methanol by
weight and containing additives that render them unpalatable for human
consumption, in quantities of less than one gallon, shall be confined to
pharmacists and registration of the sales must be made in their poison
register.
(b)
Hotel, restaurant or food catering wholesalers or suppliers of heating fuel
mixtures and other forms of denatured alcohol are exempt from paragraph (a) of
this subsection when the supplying of these products is restricted for use
solely in the preparation of commercially prepared foods in businesses
supplying food needs directly to the public for immediate consumption. Products
so classified when purchased shall be used only for this specified purpose and
shall not be resold, given away or in any way made available to the public.
(5)
Distributors and transporters, stores and shops, other than pharmacies, may
deliver, or sell carbolic acid (phenol), for commercial use only in quantities
of at least one pound but only when the container is properly labeled by the
manufacturer or wholesaler and also bears a label containing the name and
address of the seller or deliverer. Record of sales or deliveries of quantities
of one pound or more of carbolic acid (phenol) shall be kept by the seller and
deliverer. The record shall contain information, including the date, name of
purchaser or person receiving the delivery and purported use.
(6)
A distributor, transporter, store or shop shall not by reason of the delivery
or sale of carbolic acid (phenol) in quantities of at least one pound be required
to obtain a shopkeepers’ license under ORS 689.305. Retail sales of carbolic
acid (phenol) in quantities of less than one pound shall be confined to
pharmacies and registration of such sales shall be made on their poison
register.
(7)
Except as specifically provided by law, the provisions of laws governing the
sale and distribution of poisons do not apply to the sale or distribution of
compounds, preparations or remedies which do not contain more than two grains
of opium, or more than one-fourth grain of morphine, or more than one-eighth
grain of heroin, or more than one grain of codeine, or any salt or derivative
of any of them in one fluid ounce, or, if solid or semisolid preparations, in
one avoirdupois ounce; or to liniments, ointments or other preparations which
are prepared for external use only, when sold or distributed for use as
medicines.
(8)(a)
Whenever poisons are dispensed in accordance with a written prescription by a
practitioner, and such written prescription is filed and retained by the pharmacist
as required by law, all of the requirements of ORS 453.005 to 453.135 and
453.990 (2) are satisfied.
(b)
A pharmacist shall affix a poison label to a prescription when the prescribing
practitioner so directs.
(9)
Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to the manufacture or
wholesale of any poisons. However, each box, vessel or package, other than
prescriptions, in which any poison is contained must be labeled as provided in
ORS 453.035.
(10)
Nothing in ORS 453.005 to 453.135 and 453.990 (2) applies to:
(a)
The manufacture, sale, repair, distribution, maintenance, refurbishment or
modification of any new raw material or component part used in a motor vehicle,
as that term is defined in ORS 801.360, or an airplane with component parts,
including but not limited to original spare parts, that contain decabrominated
diphenyl ether.
(b)
The use of commercial decabrominated diphenyl ether in the maintenance,
refurbishment or modification of equipment used for purposes related to transportation.
[1971 c.409 §4; 1977 c.785 §4; 1979 c.777 §48; 2009 c.639 §3]
453.030
[Amended by 1969 c.631 §2; renumbered 453.175]
(Regulation; Prohibited Acts)
453.035 Standards for labeling of
hazardous substances. (1) The Director of the Oregon
Health Authority shall adopt standards for the labeling of hazardous
substances. The director may permit or require the use of a recognized generic
name or may require the common or usual name or the chemical name, if there is
no common or usual name, of the hazardous substance or of each component which
the director finds contributes substantially to its hazard.
(2)
The director shall require:
(a)
The word “Danger” on substances which are extremely flammable, corrosive or
highly toxic;
(b)
The word “Warning” or “Caution” on other hazardous substances;
(c)
An affirmative statement of the principal hazard or hazards, such as “Flammable,”
“Combustible,” “Vapor Harmful,” “Causes Burns,” “Absorbed Through Skin,” or
similar wording descriptive of the hazard;
(d)
Precautionary measures describing the action to be followed or avoided, except
when modified by rule of the director pursuant to subsection (4) of this
section;
(e)
Instruction, when necessary or appropriate, for first-aid treatment;
(f)
The word “Poison” for any hazardous substance which is defined as “highly toxic”
in ORS 453.005;
(g)
Instructions for handling and storage of packages which require special care in
handling or storage;
(h)
Adequate directions for the protection of children from the hazard if the
article is intended for use by children and is not a banned hazardous
substance, or the statement “Keep out of the reach of children,” or its
practical equivalent, if the article is not intended for use by children; and
(i)
The name and place of business of the manufacturer, packer, distributor or
seller.
(3)
Any statement required by this section must be in the English language, located
prominently and in conspicuous and legible type in contrast by typography,
layout or color with other printed matter on the label.
(4)
If the director finds that, because of the size of the package involved or
because of the minor hazard presented by the substance contained therein, or
for other good and sufficient reasons, full compliance with the labeling requirements
otherwise applicable under ORS 453.005 to 453.135 and 453.990 (2) is
impracticable or is not necessary for the adequate protection of the public
health and safety, the director may authorize the exemption of such substance
from the requirements, to an extent consistent with adequate protection of the
public health and safety. [1971 c.409 §5; 2009 c.595 §880]
453.040
[Amended by 1969 c.631 §3; repealed by 1971 c.409 §16]
453.045 Poison registers; contents.
(1) Every person who purchases poison shall be registered in a poison register,
kept solely for that purpose, stating the date and hour of the sale, the name
and address and the signature of the purchaser, the kind and quantity of the
poison sold, a statement by the purchaser of the purpose for which it is
required, and the name of the dispenser, who must be a pharmacist.
(2)
Official poison registers shall be furnished by the State Board of Pharmacy
only to pharmacists and shall be in the form of columns with the following
headings:
(a)
Date and hour.
(b)
Name of purchaser.
(c)
Residence address.
(d)
Kind and quantity.
(e)
Purpose of use.
(f)
Means of identification.
(g)
Signature of purchaser.
(h)
Signature of pharmacist.
(3)
Each official poison register shall be open for inspection by the proper
authorities at all times and shall be preserved for at least five years after
the date of the last entry therein. [1971 c.409 §14]
453.050
[Amended by 1969 c.631 §4; repealed by 1971 c.409 §16]
453.055 Hazardous, banned hazardous, misbranded
hazardous substances; declaration; removal from commerce.
(1) The Director of the Oregon Health Authority shall declare to be a hazardous
substance any substance or mixture of substances which the director finds to be
within the definition of hazardous substance in ORS 453.005.
(2)
If the director finds that any hazardous substance is a misbranded hazardous
substance, the director shall require such reasonable variations or labeling
requirements in addition to those required by ORS 453.035 as the director finds
necessary for the protection of the public health and safety. However, if the
director finds that any hazardous substance cannot be labeled adequately to
protect the public health and safety, or the article presents an imminent
danger to the public health and safety, the director may declare the article to
be a banned hazardous substance and require its removal from commerce.
(3)
If the director finds that a toy or other article intended for use by children
is a hazardous substance, bears or contains a hazardous substance in a manner
as to be susceptible of access by a child to whom the toy or other article is
entrusted or presents an electrical, mechanical or thermal hazard, the director
shall declare a toy or other article to be a banned hazardous substance and
require its removal from commerce.
(4)
If the director finds that any hazardous substance intended, or packaged in a
form suitable, for use in a household, notwithstanding cautionary labeling as
required under ORS 453.005 to 453.135 and 453.990 (2), involves a degree or
nature of the hazard by its presence or use in households that the protection
of the public health and safety can be adequately served only by keeping the
substance out of the channels of commerce, the director shall declare the
hazardous substance to be a banned hazardous substance and require its removal
from commerce.
(5)
Any hazardous substance intended, or packaged in a form suitable for use in the
household or by children, which fails to bear a label in accordance with ORS
453.035 and the standards of the director shall be deemed to be a misbranded
hazardous substance.
(6)
Any hazardous substance contained in a reused food, drug or cosmetic container
is a misbranded hazardous substance. [1971 c.409 §6; 2009 c.595 §881]
453.060
[Amended by 1969 c.631 §5; repealed by 1971 c.409 §16]
453.065 Detention of suspected substances;
petition for label of condemnation; judgment, relabeling or destruction of
substances; expenses. (1) Whenever the Director of the
Oregon Health Authority or a designated representative finds or has probable
cause to believe that any hazardous household substance is misbranded, or is a
banned hazardous substance, the director or designated representative shall
affix to such article a tag or other appropriate marking, giving notice that
such article is or is suspected of being misbranded or is a banned hazardous
substance, and has been detained or embargoed, and warning all persons not to
remove or dispose of such article by sale or otherwise until permission for
removal or disposal is given by such agent or the court.
(2)
When an article detained or embargoed under subsection (1) of this section has
been found to be misbranded or a banned hazardous substance, the director shall
petition the circuit court of the county within which the article is detained
or embargoed for a label of condemnation of such article. However, if the
director or a designated representative finds that an article so detained or
embargoed is not misbranded or a banned hazardous substance, the director or
designated representative shall remove the tag or other marking.
(3)
If the court finds that a detained or embargoed article is misbranded or a
banned hazardous substance, after entry of the judgment, the article shall be
destroyed at the expense of the owner or claimant thereof, under supervision of
the director or a designated representative, and all court costs and fees, and
storage and other proper expenses, shall be taxed against the owner or claimant
of such article or the owner or claimant agent. However, when the misbranding
can be corrected by proper labeling of the article, after entry of the judgment
and after such costs, fees, and expenses have been paid and a good and
sufficient bond or irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008, conditioned that such article shall be
so labeled, has been executed, the court may order that such article be
delivered to the owner or claimant thereof for such labeling under the
supervision of an agent of the director. The expense of such supervision shall
be paid by claimant. The article shall be returned to the claimant on the
representation to the court by the director that the article is no longer in
violation of ORS 453.005 to 453.135 and 453.990 (2), and that the expenses of
such supervision have been paid. [1971 c.409 §8; 1991 c.331 §64; 1997 c.631 §474;
2003 c.576 §458; 2009 c.595 §882]
453.070
[Amended by 1969 c.631 §17; renumbered 453.185]
453.075 Repurchase of banned hazardous substances
previously sold; refund of purchase price. (1)
Any article or substance sold by its manufacturer, distributor, or dealer that
is a banned hazardous substance, whether or not it was such at the time of its
sale, shall, in accordance with rules of the Director of the Oregon Health
Authority, be repurchased as provided in this section.
(2)
The manufacturer or distributor of any such article shall repurchase it from
the person to whom the manufacturer or distributor sold it, and shall:
(a)
Refund to that person the purchase price paid for such article or substance;
(b)
If that person has repurchased such article or substance pursuant to this
paragraph or paragraph (a) of this subsection, reimburse the person for any
amounts paid in accordance with this section for the return of such article or
substance in connection with its repurchase; and
(c)
If the manufacturer requires the return of such article or substance in
connection with the repurchase of it, reimburse that person for any reasonable
and necessary expenses incurred in returning it to the manufacturer.
(3)
In the case of any such article or substance sold at retail by a dealer, if the
person who purchased it from the dealer returns it to the dealer, the dealer
shall refund to the purchaser the purchase price paid for it and reimburse the
person for any reasonable and necessary transportation charges incurred in its
return.
(4)
As used in this section:
(a)
“Distributor” includes a dealer who sells at wholesale an article or substance
with respect to that sale.
(b)
“Manufacturer” includes an importer for resale. [1971 c.409 §13; 2005 c.22 §324;
2009 c.595 §883]
453.080
[Repealed by 1969 c.631 §17]
453.085 Prohibited acts.
A person may not perform any of the following acts:
(1)
The introduction or delivery for introduction into commerce of any misbranded
hazardous substance or banned hazardous substance.
(2)
The alteration, mutilation, destruction, obliteration, or removal of the whole
or any part of the label of a hazardous substance.
(3)
The performance of any act with respect to a hazardous substance while the
substance is in commerce, or while the substance is held for sale or resale
after shipment in commerce, that results in the hazardous substance being a
misbranded hazardous substance or a banned hazardous substance.
(4)
The receipt of or delivery into commerce of any misbranded hazardous substance
or banned hazardous substance for pay or otherwise.
(5)
The giving of a guarantee or undertaking that is false, except as a person who
relied upon a guarantee or undertaking to the same effect signed by, and
containing the name and address of, a person residing in the United States from
whom the person received in good faith the hazardous substance.
(6)
The failure to permit entry or inspection as authorized by ORS 453.005 to
453.135 or to permit access to and copying of any record as authorized by ORS
453.005 to 453.135.
(7)
The introduction or delivery for introduction into commerce, or the receipt in
commerce and subsequent delivery or proffered delivery for pay or otherwise, of
a hazardous substance in a reused food, drug or cosmetic container or in a
container that, though not a reused container, is identifiable as a food, drug
or cosmetic container by its labeling or by other identification.
(8)
The use by any person to the advantage of the person, or the revealing other
than to the Director of the Oregon Health Authority or the authorized
representative of the director or to a court of any information acquired under
authority of ORS 453.005 to 453.135 concerning any method or process that is a
trade secret entitled to protection.
(9)
The sale or delivery of any poison to a minor under 18 years of age without the
written order of a person 21 years of age or over, which written order shall be
retained in the records of the seller and the poison register of the seller
shall show by the name of the purchaser the fact that the sale or delivery was
to a minor on order of an adult and show the adult’s name and address.
(10)
The sale or delivery of completely denatured alcohol, methyl alcohol
(methanol), canned heat or other solidified forms of denatured alcohol, or any
preparation containing those substances, to be used for beverage purposes.
(11)
The sale or delivery of any poison without making or causing to be made an
entry in a poison register of the seller in the manner required by law.
(12)
The sale or delivery to any person of any poison without having learned by due
inquiry that such person is aware of the poisonous character thereof and that
it is desired for a lawful purpose.
(13)
The giving of a fictitious name or making any false representations to the
seller or dealer when buying any of the poisons.
(14)
The sale or delivery to any person by anyone other than a pharmacist of a
poison.
(15)
The removal or disposal of any detained or embargoed article without permission
of the director or a designated representative.
(16)
The introduction or delivery for introduction into commerce of any product
containing more than one-tenth of one percent by mass of pentabrominated
diphenyl ether, octabrominated diphenyl ether or decabrominated diphenyl ether.
This subsection does not apply to:
(a)
Used products; or
(b)
Replacement parts for products containing more than one-tenth of one percent by
mass of pentabrominated diphenyl ether or octabrominated diphenyl ether
introduced into commerce before January 1, 2006, or replacement parts for
products containing more than one-tenth of one percent by mass of
decabrominated diphenyl ether introduced into commerce before January 1, 2011. [1971
c.409 §2; 2005 c.496 §2; 2009 c.595 §884; 2009 c.639 §2]
453.090
[Amended by 1953 c.351 §2; 1969 c.631 §7; repealed by 1971 c.409 §16]
(Administration)
453.095 Rules; determination of
combustibility, flammability; designating strong sensitizers.
(1) The authority to adopt rules for the administration and enforcement of ORS
453.005 to 453.135 and 453.990 (2) is vested in the Director of the Oregon
Health Authority pursuant to ORS chapter 183.
(2)
The director shall cause the rules adopted under ORS 453.005 to 453.135 and
453.990 (2) to be no less strict than rules established pursuant to the Federal
Hazardous Substances Act.
(3)
The combustibility, and extreme flammability of solids and of the contents of
self-pressurized containers shall be determined by methods found by the
director to be generally applicable to such materials or containers,
respectively, and established by the director.
(4)
Before designating any substance as a strong sensitizer, the director, upon
consideration of the frequency of occurrence and severity of the reaction,
shall find that the substance has a significant potential for causing
hypersensitivity. [1971 c.409 §10; 2009 c.595 §885]
453.100
[Amended by 1969 c.631 §8; repealed by 1971 c.409 §16]
(Enforcement)
453.105 Authority to enter premises;
inspections; taking samples; payment. (1) For the
purposes of enforcement of ORS 453.005 to 453.135 and 453.990 (2), the Director
of the Oregon Health Authority or a designated representative upon presenting
appropriate credentials to the owner, operator or agent in charge, may:
(a)
Enter, at reasonable times, any factory, warehouse or establishment in which
hazardous substances are manufactured, processed, packed, or held for
introduction into commerce or are held after such introduction, or to enter any
vehicle being used to transport or hold such hazardous substances in commerce.
(b)
Inspect, at reasonable times, and within reasonable limits and in a reasonable
manner, such factory, warehouse, establishment or vehicle, and all pertinent
equipment, finished and unfinished materials, and labeling therein.
(c)
Obtain samples of such materials or packages thereof, or of such labeling.
(2)
If the director or a designated representative obtains any sample, prior to
leaving the premises, the director or designated representative shall pay or
offer to pay the owner, operator, or agent in charge for such sample and give a
receipt describing the sample obtained. [1971 c.409 §11; 2009 c.595 §886]
453.110
[Amended by 1953 c.351 §2; 1965 c.90 §1; 1967 c.381 §1; 1969 c.631 §9; repealed
by 1971 c.409 §16]
453.115 Access to records of persons
carrying, receiving or storing in commerce; use as evidence limited; exemption
for carriers. (1) For the purpose of enforcing the
provisions of ORS 453.005 to 453.135 and 453.990 (2), carriers engaged in
commerce, and persons receiving hazardous substances in commerce or holding
such hazardous substances so received shall, upon request, permit the Director
of the Oregon Health Authority or a designated representative at reasonable
times, to have access to and to copy all records showing the movement in
commerce of any such hazardous substances, or the holding thereof during or
after such movement, and the quantity, shipper, and consignee thereof. Such
request must be accompanied by a statement in writing specifying the nature or
kind of such hazardous substance to which such request relates.
(2)
Evidence obtained under this section shall not be used in a criminal
prosecution of the person from whom obtained.
(3)
Carriers shall not be subject to the other provisions of ORS 453.005 to 453.135
and 453.990 (2) by reason of their receipt, carriage, holding or delivery of
hazardous substances in the usual course of business as carriers. [1971 c.409 §12;
2009 c.595 §887]
453.120
[Amended by 1969 c.631 §10; repealed by 1971 c.409 §16]
453.125 Enjoining violations.
In addition to the remedies provided in ORS 453.005 to 453.135 and 453.990 (2),
the Director of the Oregon Health Authority may apply to the circuit court for,
and such court shall have jurisdiction upon hearing and for cause shown, to
grant a temporary or permanent injunction restraining any person from violating
any provision of ORS 453.085. [1971 c.409 §7; 2009 c.595 §888]
453.130
[Amended by 1969 c.631 §11; repealed by 1971 c.409 §16]
453.135 Notice required prior to
institution of criminal proceedings. Before any
violation of ORS 453.005 to 453.135 and 453.990 (2) is reported to any district
attorney or police official for the institution of a criminal proceeding, the
person against whom such proceeding is contemplated shall be given appropriate
notice and an opportunity to present the person’s views before the Director of
the Oregon Health Authority or the designated agent of the director, either
orally or in writing, in person, or by attorney, with regard to such
contemplated proceeding. [1971 c.409 §9; 2009 c.595 §889]
453.140
[Amended by 1969 c.631 §12; repealed by 1971 c.409 §16]
453.150
[Amended by 1969 c.631 §13; repealed by 1971 c.409 §16]
453.160
[Repealed by 1971 c.409 §16]
453.170
[Amended by 1969 c.631 §14; repealed by 1971 c.409 §16]
(Miscellaneous)
453.175 Necessity for poison label;
content. Except as otherwise specifically
provided by law, no person shall sell or dispense at retail any poison without
affixing to the box, bottle, vessel or package containing the poison, a clear
and legible label, either printed or written, bearing the name of the poison in
English with the name and the place of business of the pharmacist, owner or
manager by whom it is sold. [Formerly 453.030; 1977 c.582 §50]
453.185 False representation by purchaser
prohibited. It is unlawful for any person to give a
fictitious name or make any false representations to the seller or dealer when
buying any of the poisons or any caustic or corrosive substances specified in
ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly
453.070; 1977 c.582 §51]
ART AND CRAFT MATERIALS
(General Provisions)
453.205 Definitions for ORS 453.205 to
453.275. As used in ORS 453.205 to 453.275:
(1)
“Art or craft material” means any raw or processed material or manufactured
product marketed or being represented by the manufacturer, repackager or principal
importer as being suitable for use in any phase of the creation of any work of
visual or graphic art of any medium. “Art or craft material” does not include
economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide
Act (61 Stats. 163) or drugs, devices or cosmetics, which are subject to the
Federal Food, Drug and Cosmetics Act (52 Stats. 1040).
(2)
“Authority” means the Oregon Health Authority.
(3)
“Human carcinogen” means any substance listed as a human carcinogen by the International
Agency for Research on Cancer.
(4)
“Medium” includes, but is not limited to, paintings, drawings, prints,
sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture,
photographs and leather and textile goods.
(5)
“Potential human carcinogen” means one of the following:
(a)
Any substance which does not meet the definition of human carcinogen, but for
which there exists sufficient evidence of carcinogenicity in animals, as
determined by the International Agency for Research on Cancer.
(b)
Any chemical shown to be changed by the human body into a human carcinogen.
(6)
“Toxic substance causing chronic illness” means any of the following:
(a)
Human carcinogens.
(b)
Potential human carcinogens.
(c)
Any substance included in the list of hazardous substances prepared by the
Department of Consumer and Business Services pursuant to the Hazard
Communication Rule, Division 155, notwithstanding exemptions made for
substances on the list which are used in particular forms, circumstances or
concentrations, if the health hazard presented by the substance is not the
subject of label statements required by federal law. [1985 c.539 §1; 2009 c.595
§890]
453.210
[Repealed by 1971 c.409 §16]
453.215 Legislative findings.
The Legislative Assembly:
(1)
Finds and declares that there exists a significant danger to the public health
and safety from exposure to art or craft material which contains toxic
chemicals. This health risk threatens not only professional artists and
craftspersons, but art teachers, students at every educational level, hobbyists
and children. Toxic substances may be employed during the course and scope of
creating art or craft objects of all varieties.
(2)
Finds and declares that present labeling of ingredients and hazards of art or
craft material is insufficient to adequately protect the consumers of this
state from chronic adverse health effects. Because many persons do not know
what toxic chemical substances they work with, proper precautionary actions
cannot be taken. Disclosure of toxic ingredients, their possible adverse
effects on health, and instructions for safe handling, will substantially
minimize unnecessary exposure to excessive risk.
(3)
Finds and declares that it is consistent to impose upon those who manufacture,
repackage and distribute art or craft material a duty to convey to consumers
information about the potential health hazards of the products they
manufacture.
(4)
Finds and declares that school children are not sufficiently protected by
present health laws insofar as materials which may be seriously harmful are not
so labeled and therefore children are not properly warned as to the dangers
inherent in the use of these materials.
(5)
Intends by ORS 453.205 to 453.275 to insure that consumers be provided information
concerning the nature of the toxic substances with which they are working and
the known and suspected health hazards of these substances and to insure the
uniformity of labeling standards, so that materials with similar hazards also
have essentially similar labels and to insure that elementary school children
are protected by prohibiting the sale of those toxic substances to schools and
school districts for use in kindergarten and grades 1 through 6. [1985 c.539 §2]
453.220
[Repealed by 1971 c.409 §16]
(Regulation; Prohibited Acts)
453.225 When presumption of toxic
ingredient arises. For the purposes of ORS 453.205
to 453.275, an art or craft material shall be presumed to contain an ingredient
which is a toxic substance causing chronic illness if the ingredient, whether
an intentional ingredient or an impurity, is one percent or more by weight of
the mixture or product, or if the Oregon Health Authority determines that the
toxic or carcinogenic properties of the art or craft material are such that
labeling is necessary for the adequate protection of the public health and
safety. [1985 c.539 §3; 2009 c.595 §891]
453.230
[Repealed by 1971 c.409 §16]
453.235 Distribution of material
containing toxic substances; warnings required; exemptions.
(1) No person shall distribute any art or craft material containing toxic
substances causing chronic illness on which the person:
(a)
Has failed to affix a conspicuous label containing the signal word “WARNING,”
to alert users of potential adverse health effects.
(b)
Has failed to affix a conspicuous label warning of the health-related dangers
of the art or craft material. If a product contains:
(A)
A human carcinogen, the warning shall contain the statement: “CANCER HAZARD!
Overexposure may create cancer risk.”
(B)
A potential human carcinogen and does not contain a human carcinogen, the
warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure
might create cancer risk.”
(C)
A toxic substance causing chronic illness, the warning shall contain, but not
be limited to, the following statement or statements where applicable:
(i)
“May cause sterility or damage to reproductive organs.”
(ii)
“May cause birth defects or harm to developing fetus.”
(iii)
“May be excreted in human milk causing harm to nursing infant.”
(iv)
“May cause central nervous system depression or injury.”
(v)
“May cause numbness or weakness in the extremities.”
(vi)
“Overexposure may cause damage to (specify organ).”
(vii)
“Heating above (specify degrees) may cause hazardous decomposition products.”
(D)
More than one chronically toxic substance, or if a single substance can cause
more than one chronic health effect, the required statements may be combined
into one warning statement.
(c)
Has failed to affix on the label a list of ingredients that are toxic
substances causing chronic illness.
(d)
Has failed to affix on the label a statement or statements of safe use and
storage instructions, conforming to the following list. The label shall
contain, but not be limited to, as many of the following risk statements as are
applicable:
(A)
“Keep out of reach of children.”
(B)
“When using, do not eat, drink or smoke.”
(C)
“Wash hands after use and before eating, drinking or smoking.”
(D)
“Keep container tightly closed.”
(E)
“Store in well-ventilated area.”
(F)
“Avoid contact with skin.”
(G)
“Wear protective clothing (specify type).”
(H)
“Wear National Institute of Occupational Safety and Health (NIOSH) certified
masks for dusts, mists or fumes.”
(I)
“Wear NIOSH certified respirator with appropriate cartridge for (specify type).”
(J)
“Wear NIOSH certified supplied air respirator.”
(K)
“Use window exhaust fan to remove vapors and ensure adequate ventilation
(specify explosion proof if necessary).”
(L)
“Use local exhaust hood (specify type).”
(M)
“Do not heat above (specify degrees) without adequate ventilation.”
(N)
“Do not use or mix with (specify material).”
(e)
Has failed to affix on the label a statement on where to obtain more
information, such as “call your local poison control center for more health
information.”
(f)
Has failed to affix on the label the name and address of the manufacturer.
(2)(a)
If the information listed in subsection (1)(d) of this section cannot fit on
the package label, a package insert shall be required to convey all the
necessary information to the consumer. In this event, the label shall contain a
statement to refer to the package insert, such as “CAUTION: See package insert
before use.” The language on this insert shall be nontechnical and
nonpromotional in tone and content.
(b)
For purposes of this subsection, “package insert” means a display of written,
printed or graphic matter upon a leaflet or suitable material accompanying the
art supply.
(3)
The requirements set forth in this section shall not be considered to be
complied with unless the required words, statements or other information appear
on the outside container or wrapper, or on a package insert that is easily
legible through the outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
(4)
The Oregon Health Authority may exempt a material from full compliance with ORS
453.205 to 453.275. In considering this exemption, the authority shall take
into consideration the potential for reasonably foreseeable misuse of a
material by a child.
(5)
If an art or craft material complies with labeling standards D-4236 of the
American Society for Testing and Materials (ASTM), the material complies with
the provisions of ORS 453.205 to 453.275, unless the authority determines that
the label on an art or craft material does not satisfy the purposes of ORS
453.205 to 453.275. [1985 c.539 §4; 2003 c.14 §277; 2009 c.595 §892]
453.240
[Repealed by 1971 c.409 §16]
453.245 Order or purchase by school of
material considered to contain toxic substance prohibited; exceptions.
(1) Art or craft material that is considered by the Oregon Health Authority to
contain a toxic substance causing chronic illness may not be ordered or purchased
by a school or school district for use by students in kindergarten and grades 1
through 6.
(2)
Any substance that is a toxic substance causing chronic illness may not be
ordered or purchased by a school or school district for use by students in
grades 7 through 12 unless the substance meets the labeling standards specified
in ORS 453.235.
(3)
If the authority finds that, because the chronically toxic, carcinogenic or
radioactive substances contained in an art or craft material cannot be
ingested, inhaled or otherwise absorbed into the body during any reasonably
foreseeable use of the material in a way that could pose a potential health
risk, the authority may exempt the material from these requirements to the
extent the authority determines to be consistent with adequate protection of
the public health and safety. [1985 c.539 §5; 2005 c.22 §325; 2009 c.595 §893]
(Information; Labeling)
453.255 List of authorized art and craft
materials; distribution of lists; information about and disposal of toxic materials.
(1) By June 1, 1986, the Oregon Health Authority shall develop a list of those
art or craft materials which can be purchased or ordered for use in
kindergarten and in grades 1 through 6 and a list of materials which, while not
currently sold or manufactured, may be reasonably suspected to still exist at
some schools. In developing the lists, the authority shall consult with
manufacturers of art supplies, artists’ groups, health organizations and
toxicologists as the authority considers appropriate.
(2)
The Superintendent of Public Instruction shall distribute the lists to all
school districts and shall make the lists available to preschools, child care
centers and other businesses and organizations which involve children in the
use of art or craft materials.
(3)
The superintendent shall inform school districts of the requirements of ORS
453.205 to 453.275 and shall encourage school districts to dispose of art or
craft materials which may contain human carcinogens, potential human
carcinogens or toxic substances causing chronic illness, but which are not
affected by ORS 453.205 to 453.275. [1985 c.539 §§6,7; 2009 c.595 §894]
453.265 Filing of formulation information
with poison control centers required; labeling.
(1) The manufacturer of any art or craft material sold, distributed, offered
for sale or exposed for sale in this state shall supply to a national poison
control network approved by the Director of the Oregon Health Authority the
formulation information required by that network for dissemination to poison
control centers. Failure to file formulation information with an approved
poison control network is a violation of ORS 453.205 to 453.275.
(2)
The requirements set forth in ORS 453.235 shall not be considered to be
complied with unless all required words, statements or other information
accompany art or craft materials from manufacturer to consumer, not excluding
any distributor, packager or repackager. [1985 c.539 §8; 2003 c.14 §278; 2009
c.595 §895]
(Civil Penalty)
453.275 Civil penalty.
Violation of ORS 453.235 or 453.265 is punishable by a civil penalty of not to
exceed $1,000 that may be imposed and collected in the manner prescribed in ORS
441.705 to 441.745. [1985 c.539 §9]
453.305 [1971
c.609 §2; 1975 c.606 §21; renumbered 469.300]
COMMUNITY INFORMATION ON HAZARDOUS
SUBSTANCES
453.307 Definitions for ORS 453.307 to
453.414. As used in ORS 453.307 to 453.414:
(1)
“Community right to know regulatory program” or “local program” means any law,
rule, ordinance, regulation or charter amendment established, enforced or
enacted by a local government that requires an employer to collect or report
information relating to the use, storage, release, possession or composition of
hazardous substances and toxic substances if a primary intent of the law, rule,
ordinance, regulation or charter amendment is the public distribution of the
information.
(2)
“Emergency service personnel” includes those entities providing emergency
services as defined in ORS 401.025.
(3)
“Employer” means:
(a)
Any person operating a facility that is included in one or more of the 21
standard industrial classification categories in Appendix B of the Natural
Resources Defense Council v. Train Consent Decree of June 8, 1976 (8 E.R.C.
2120); or
(b)
Any person operating a facility designated by the State Fire Marshal.
(4)
“Fire district” means any agency having responsibility for providing fire
protection services.
(5)
“Hazardous substance” means:
(a)
Any substance designated as hazardous by the Director of the Department of
Consumer and Business Services or by the State Fire Marshal;
(b)
Any substance for which a material safety data sheet is required by the
Director of the Department of Consumer and Business Services under ORS 654.035
and which appears on the list of Threshold Limit Values for Chemical Substances
and Physical Agents in the Work Environment by the American Conference of
Governmental Industrial Hygienists; or
(c)
Radioactive waste and material as defined in ORS 469.300 and radioactive
substance as defined in ORS 453.005.
(6)
“Health professional” means a physician as defined in ORS 677.010, registered
nurse, industrial hygienist, toxicologist, epidemiologist or emergency medical
services provider.
(7)
“Law enforcement agency” has the meaning given that term in ORS 181.010.
(8)
“Local government” means a city, town, county, regional authority or other
political subdivision of this state.
(9)
“Person” includes individuals, corporations, associations, firms, partnerships,
joint stock companies, public and municipal corporations, political
subdivisions, the state and any agency thereof, and the federal government and
any agency thereof.
(10)
“Trade secret” has the meaning given that term in ORS 192.501 (2). [1985 c.726 §1;
1987 c.259 §5; 1991 c.956 §14; 1993 c.187 §25; 1999 c.1089 §5; 2005 c.825 §17;
2011 c.703 §42]
453.310
[Amended by 1969 c.514 §51; renumbered 689.855]
453.312 Legislative findings.
The Legislative Assembly finds and declares that:
(1)
The public’s health and safety may be endangered by a lack of knowledge about
hazardous substances located within this state.
(2)
Information on the use of hazardous substances in this state should be made
readily available to members of the public, allowing them to take measures to
protect themselves against dangers posed to health and safety.
(3)
Emergency service personnel must know what types and amounts of hazardous
substances are present within this state and where they are located in order to
properly protect human life and property.
(4)
A need exists to coordinate and make available to emergency service personnel
information about the nature and amount of hazardous substances in Oregon.
(5)
Access by emergency service personnel to information about hazardous substances
assures better protection of homes and recreational facilities, increases
safety in the place of employment, improves livability and allows more control
over emergency situations. [1985 c.726 §3]
453.315 [1971
c.609 §1; 1975 c.606 §22; renumbered 469.310]
453.317 Hazardous substance survey; rules;
information to be supplied. (1) The State Fire Marshal shall
develop a hazardous substance survey and distribute the survey to employers in
this state. The survey shall request the following information from such
employers:
(a)
The identity and hazard classification of the hazardous substance as listed on
a material safety data sheet;
(b)
The approximate amount and location of the hazardous substance;
(c)
The name and telephone number of personnel qualified to give technical, onsite
information about hazardous substances; and
(d)
Any procedures established by the employer for the control of hazardous
substances in the event of an emergency.
(2)
In addition to the information to be provided under subsection (1) of this
section, the State Fire Marshal may by rule establish additional requirements
for obtaining hazardous substance information the State Fire Marshal considers
necessary. All rules adopted under this subsection shall be adopted after
public hearing in accordance with ORS chapter 183.
(3)
Any employer receiving a hazardous substance survey shall complete the
hazardous substance survey and return it to the State Fire Marshal not later
than March 1 of each year or within 60 days after the date the State Fire
Marshal mails the hazardous substance survey, whichever is later.
(4)
The State Fire Marshal shall update the hazardous substance survey once every
12 months.
(5)
An employer shall update and return the hazardous substance survey on or before
March 1 of each year or within 60 days after the date the State Fire Marshal
mails the survey, whichever is later, or an employer shall update the hazardous
substance survey whenever any substantive information required to be provided
changes, whichever situation occurs most often.
(6)
The Director of the Department of Consumer and Business Services shall
participate in the development and updating of the hazardous substance survey
and shall have access to the data included in the survey.
(7)
The State Fire Marshal may conduct an inspection to confirm the validity of a
hazardous substance survey required by this section. The inspection shall be
conducted according to the provisions of ORS 476.150. [1985 c.683 §6; 1985
c.696 §6; 1985 c.726 §4; 1987 c.259 §6; 1991 c.804 §1; 2005 c.825 §13]
453.320
[Amended by 1969 c.514 §52; renumbered 689.860]
453.322 Retention of information;
distribution of and access to information. (1)
The State Fire Marshal shall retain for at least five years the information
provided by the employer under ORS 453.317.
(2)
The State Fire Marshal shall provide copies of the information to each local
public health authority, fire district and any public or private safety agency
administering a 9-1-1 emergency reporting system pursuant to ORS 403.105 to
403.250 and, upon request, provide copies of the information to the following
agencies located within the geographic jurisdiction of the fire district:
(a)
Fire districts and other emergency service personnel responding to a hazardous
substance incident;
(b)
Health professionals;
(c)
Law enforcement agencies; and
(d)
Local emergency management agencies as described in ORS 401.305.
(3)
The State Fire Marshal may distribute the information provided by an employer
under ORS 453.317 to persons outside the jurisdiction of the fire district if
the State Fire Marshal considers the information essential to the safe control
of an emergency.
(4)
In addition to the requirements of subsections (2) and (3) of this section, the
State Fire Marshal shall provide, upon request, access to the information
provided by employers under ORS 453.317 to any agency of this state. [1985
c.726 §6; 1989 c.793 §27; 2009 c.718 §23]
453.325 [1971
c.609 §3; 1975 c.606 §23; renumbered 469.320]
453.327 Public access; identity of
requester. (1) Notwithstanding any other provision
of ORS 453.307 to 453.414 and 476.030, the public is permitted access to
records retained under ORS 453.322 relating to hazardous substances not
otherwise protected as a trade secret or by a confidentiality agreement
described in ORS 453.332 and 453.337. A person requesting information under
this section may be required to complete the form provided by the State Fire
Marshal pursuant to subsection (2) of this section.
(2)
If, in the discretion of the State Fire Marshal, it is necessary to protect the
public safety and welfare, the State Fire Marshal may require a person
requesting information under subsection (1) of this section to complete a form
developed by the State Fire Marshal. The form shall require the person making
the request for information to provide the name and address and proof of
identity of the person making the request. [1985 c.726 §7]
453.332 When disclosure of identity may be
withheld. (1) An employer responding to a request
under ORS 453.317 may withhold the specific hazardous substance identity,
including the chemical name and any other specific identification of a
hazardous substance, if:
(a)
Upon a showing satisfactory to the State Fire Marshal, the records, reports or
information, or particular parts thereof, if made public, would divulge product
identities, methods or processes and are entitled to protection as a trade
secret under ORS 192.501; and
(b)
Other information provided by the employer describes the properties, quantities
stored and used and effects of the hazardous substance.
(2)
Under no circumstances shall this section be construed to require the
disclosure of information about a process or percentage of mixture that is a
trade secret.
(3)
A claim of trade secret by the employer, if the claim is substantiated by the
Department of Consumer and Business Services or any other agency, may be
recognized by the State Fire Marshal as sufficient for purposes of trade secret
protection under ORS 453.307 to 453.414 and 476.030.
(4)
Site specific information regarding the exact amount and location of a
hazardous substance provided to or obtained by the State Fire Marshal or by an
agency identified in ORS 453.322 shall be treated by the State Fire Marshal or
the agency as confidential.
(5)
Any claim of trade secret by an employer pursuant to this section must be made
at the time the employer provides the information to the State Fire Marshal. [1985
c.726 §8]
453.335 [1971
c.609 §7a; 1975 c.606 §25; renumbered 469.330]
453.337 When disclosure of identity of hazardous
substance required. (1) If a health professional
determines that a medical emergency exists and the specific identity of a
hazardous substance is necessary for emergency or first-aid treatment, the
employer shall immediately, if known, disclose the specific hazardous substance
identity without first requiring a written statement of need or a
confidentiality agreement. The employer may request a written statement of need
and confidentiality agreement as required under subsection (2) of this section
as soon as circumstances permit.
(2)
In a nonemergency situation, an employer shall disclose a specific hazardous
substance identity, if known, otherwise permitted to be withheld under ORS
453.332, to a health professional if the health professional provides a
statement of need and enters into a confidentiality agreement with the
employer.
(3)
A statement of need required under subsection (2) of this section shall:
(a)
Be in writing;
(b)
Describe in sufficient detail the reason the information is needed;
(c)
Explain in detail why disclosure of the specific hazardous substance identity
is essential and that without disclosure the health professional would be
unable to provide adequate medical assistance; and
(d)
Include a description of the procedures to be used to maintain the
confidentiality of the disclosed information.
(4)
The health professional providing medical assistance and the employer shall
enter into a written confidentiality agreement stating that:
(a)
The health professional will not use the trade secret information for any
purpose other than the health needs asserted; and
(b)
The health professional agrees not to release the information under any
circumstances except as otherwise authorized by the terms of the agreement or
in writing by the employer.
(5)
The State Fire Marshal shall establish a uniform form for the confidentiality
agreement required under this section. [1985 c.726 §9]
453.342 When incident of injury to be reported;
summary of injuries. Any fire department, emergency
service personnel or law enforcement agency responding to an incident of injury
to a human, wildlife, domestic animal or property resulting from a hazardous
substance emergency shall make a report of the incident, in writing, to the office
of the State Fire Marshal. The State Fire Marshal annually shall summarize all
incidents reported to the State Fire Marshal and the information received as a
result of the survey conducted under ORS 453.317. The State Fire Marshal shall
submit a copy of the summary to:
(1)
The Governor;
(2)
The Legislative Assembly;
(3)
The Department of Environmental Quality;
(4)
The Department of Consumer and Business Services;
(5)
The Department of Transportation;
(6)
The Environmental Health Sciences Center at Oregon State University;
(7)
The Office of Emergency Management;
(8)
The Oregon Health Authority; and
(9)
Every public library as defined in ORS 357.400. [1985 c.726 §10; 1993 c.187 §26;
2007 c.740 §38; 2009 c.595 §896]
453.345 [1971
c.609 §8; 1973 c.80 §57; 1975 c.606 §26; renumbered 469.350]
453.347 Emergency response planning.
(1) The State Fire Marshal shall assist with emergency response planning by
appropriate agencies of government at the local, state and national levels to
assure that the response to a hazardous substance fixed site or transportation
accident is swift and appropriate to minimize damage to any person, property or
wildlife. This planning shall include assisting in and training for the
preparation of localized plans setting forth agency responsibilities for
on-scene response.
(2)
The State Fire Marshal may apply for funds as available to train, equip and
maintain an appropriate response capability at the state and local level.
(3)
The State Fire Marshal shall issue certificates to local agency personnel who
have completed the training.
(4)
To the extent practicable, the emergency preparedness and response program for
hazardous substances as provided in this section shall be consistent with the
program for radioactive material, wastes and substances developed by the State
Department of Energy and the Oregon Health Authority under ORS chapters 453 and
469. [1985 c.726 §11; 2009 c.595 §897]
453.352 Exemption from reporting requirements;
rules. The State Fire Marshal may exempt by
rule certain hazardous substances from all or part of the reporting
requirements of ORS 453.317 and 453.342. Such an exemption can be made only if
the State Fire Marshal finds that the location, quantity, concentration or type
of hazardous substance or substances is not likely to endanger the public
health, welfare or safety or the environment. [1985 c.726 §12]
453.355 [1971
c.609 §9; 1975 c.606 §27; renumbered 469.360]
453.357 Civil penalty.
(1) In addition to any other liability or penalty provided by law the State
Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per
day against any employer who, by a complete or partial failure to report
hazardous substances, does not comply with the provisions of ORS 453.307 to
453.352 or any order or rule entered or adopted under ORS 453.307 to 453.414.
(2)
Civil penalties under this section shall be imposed as provided in ORS 183.745.
[1985 c.726 §§13,14; 1987 c.259 §7; 1991 c.734 §29]
453.362 Department of Consumer and
Business Services to supply employers’ names; reimbursement.
In order to conduct the hazardous substance survey under ORS 453.317, the State
Fire Marshal may obtain employers’ names and addresses from the Department of
Consumer and Business Services. The State Fire Marshal shall pay for the
expenses incurred by the Department of Consumer and Business Services in
providing such information. [1985 c.726 §15]
453.365 [1971
c.609 §10; 1975 c.552 §38; 1975 c.606 §28; renumbered 469.370]
453.367 Rules.
In accordance with applicable provisions of ORS chapter 183, the State Fire
Marshal shall adopt rules necessary to carry out the provisions of ORS 453.307
to 453.414. [1985 c.726 §5]
453.370 Limitations on local community
right to know regulatory programs; local fees.
(1) In order to maintain and ensure the effectiveness of state programs
established under ORS 453.307 to 453.414, as well as to ensure the
effectiveness of local efforts, a local government may establish, enforce or
enact a local community right to know regulatory program provided that the
local program complies with the requirements of this section.
(2)
To the extent that a local program is supported in whole or in part by fees,
those fees may be set, imposed or assessed only by the local government that is
implementing the local program. Such fees are allowed only to the extent not
otherwise prohibited or limited by law. Such fees:
(a)
Shall be adopted by ordinance as a fee schedule, after notice and public
hearing; and
(b)
May not exceed $2,000 for any single facility in any calendar year.
(3)(a)
All local community right to know regulatory program enforcement, including but
not limited to penalties, may be imposed only by a local fire official or a
board established by the local government to implement the local community
right to know regulatory program.
(b)
Penalties for violations of a community right to know regulatory program may
not exceed $1,000 per day and shall be assessed according to a schedule adopted
by the local government after notice and public hearing. Except when a local
government has reasonable grounds to find that an employer willfully and
knowingly avoided compliance with the local program, and as long as the
employer submits the required information within 30 days following a written notification
of noncompliance, penalties shall be suspended if the employer has no history
of violating the local program.
(4)
After notice and public hearing, the local government must determine that:
(a)
Existing reporting to local, state or federal agencies is inadequate to meet
the needs and concerns of the local government;
(b)
The state or federal government does not collect data that will provide
substantially the same information desired by the local government;
(c)
The local government has asked the appropriate state agency to operate the
program desired by the local government and the state agency has not committed
to do so within 180 days;
(d)
The Department of Environmental Quality, the State Fire Marshal and the Oregon
Health Authority have had an opportunity to comment on the proposed program and
the local government has responded to those comments; and
(e)
The local government has provided an opportunity for written and oral public
comment on the proposed program.
(5)
Any local government that operates a local community right to know regulatory
program shall:
(a)
Provide for an opportunity to report data electronically;
(b)
Place data reported under the program on the Internet with instructions for the
general public that explain the organization of the data; and
(c)
Keep records of data usage and otherwise document interest in the collected
data.
(6)
Data and other information presented under a local community right to know
regulatory program:
(a)
Shall clearly distinguish, where appropriate, public health interpretations
from the raw data;
(b)
May, where feasible, indicate specifically which hazardous substances and toxic
substances are being released into the local air, water and land; and
(c)
Shall include locations where a person may obtain epidemiological statistics
related to health effects of the hazardous substances and toxic substances, if
available.
(7)
For any hazardous substance or toxic substance that a local government proposes
to require an employer to report under a local community right to know
regulatory program established pursuant to this section, the local government
shall seek written and oral public comment and provide written notice to
interested parties prior to adoption as a reporting requirement. The local government
must provide the public with an opportunity to comment on the appropriateness
of reporting on the proposed hazardous substance or toxic substance, including
but not limited to commenting on health and environmental considerations,
economic concerns and feasibility of compliance. The local government shall
consider the comments before adopting a list or making additions to a list of
hazardous substances and toxic substances to be reported.
(8)
In administering a local community right to know regulatory program, a local
government shall establish procedures to exempt, when reasonable, an entity
from all or part of the local program for the purpose of protecting trade
secrets or where the local government determines that the operations of the
entity pose little or no risk to the public health or the environment.
(9)
Except as prohibited by federal or state law, a local program may not
differentiate between public and private employers.
(10)
Nothing in this section shall be construed to limit the authority of a local
government to:
(a)
Distribute information collected under the state Community Right to Know and
Protection Act; or
(b)
Adopt or enforce a local ordinance, rule or regulation strictly necessary to
comply with:
(A)
The Uniform Building Code as adopted and amended by the Director of the
Department of Consumer and Business Services;
(B)
A uniform fire code; or
(C)
Any requirement of a state or federal statute, rule or regulation, including
but not limited to those controlling hazardous substances, toxic substances or
other environmental contaminants. [1999 c.1089 §3; 2001 c.104 §191; 2005 c.22 §326;
2009 c.595 §898]
453.372 Short title.
ORS 453.307 to 453.414 may be cited as the Community Right to Know and
Protection Act. [1985 c.726 §2]
453.374 Hazardous material emergency
response system; implementation; contents; rules; fees.
The State Fire Marshal shall establish by rule a plan for the effective
implementation of a statewide hazardous material emergency response system,
which, to the extent practicable, shall be consistent with the emergency
response plan adopted under ORS 466.620. The statewide hazardous material
emergency response system shall include, but need not be limited to:
(1)
Provisions for coordinating the duties and responsibilities of regional
hazardous material response teams, including related procedures for 24-hour
dispatching and emergency communications;
(2)
A schedule of fees for computing the reimbursement for extraordinary response
costs incurred by a regional hazardous material response team as authorized by
ORS 453.374 to 453.390; and
(3)
Provisions for ongoing training programs for local government and state agency
employees involved in response to spills or releases of oil and hazardous
material. The Department of Public Safety Standards and Training may coordinate
its training programs with emergency response training programs offered by
local, state and federal agencies, community colleges and institutes of higher
education and private industry in order to reach the maximum number of
employees, avoid unnecessary duplication and conserve limited training funds. [1989
c.833 §82; 1993 c.185 §18; 1997 c.853 §39]
453.375 [1971
c.609 §22; 1975 c.606 §29; renumbered 469.380]
453.376 Disclosure of information to State
Fire Marshal; entry onto premises. (1) In order
to determine the need for response to a spill or release or threatened spill or
release under ORS 453.307 to 453.414, or enforcing the provisions of ORS
453.307 to 453.414, any person who prepares, manufactures, processes, packages,
stores, transports, handles, uses, applies, treats or disposes of oil or
hazardous material shall, upon the request of the State Fire Marshal:
(a)
Furnish information relating to the oil or hazardous material; and
(b)
Permit the State Fire Marshal at all reasonable times to have access to, and to
make copies of, records relating to the type, quantity, storage locations and
hazards of the oil or hazardous material.
(2)
In order to carry out subsection (1) of this section, the State Fire Marshal
may enter to inspect at reasonable times any establishment or other place where
oil or hazardous material is present.
(3)
Any person possessing or holding a quantity of oil or hazardous material
meeting or exceeding the reporting criteria established by the State Fire
Marshal shall notify the State Fire Marshal of the presence, quantity and other
information required under statute or rule, and shall conform to the
requirements of ORS 453.307 to 453.414. [1989 c.833 §83; 1999 c.1089 §6; 2001
c.104 §193]
453.378 Disclosure of information to local
government official; entry onto premises. (1) In
order to determine the need for response to a spill or release or threatened
spill or release under ORS 453.307 to 453.414, any person who prepares,
manufactures, processes, packages, stores, transports, handles, uses, applies,
treats or disposes of oil or hazardous material shall, upon the request of any
authorized local government official, permit the official at all reasonable
times to have access to and copy, records relating to the type, quantity,
storage locations and hazards of the oil or hazardous material.
(2)
In order to carry out subsection (1) of this section a local government
official may enter to inspect at reasonable times any establishment or other
place where oil or hazardous material is present.
(3)
As used in this section, “local government official” includes but is not
limited to an officer, employee or representative of a county, city, fire
department, fire district or police agency. [1989 c.833 §84]
453.380 Regional hazardous material
response team; use. In order to protect life and
property against the dangers of emergencies involving a hazardous substance as
defined in ORS 453.307, the State Fire Marshal may assign and make available
for use and duty in any county, city or district, under the direction and
command of a person designated by the State Fire Marshal, any part of a
regional hazardous material response team and specialized equipment that may be
necessary to respond to the emergency. [1989 c.833 §81]
453.382 Cost of responding to emergency;
responsibility; billing; recovery. (1) Whenever
the State Fire Marshal or a local fire department or district dispatches a
regional hazardous material response team to an emergency involving a hazardous
material or hazardous substance, the State Fire Marshal or local fire
department or district may bill the person responsible for causing the
emergency for the cost of responding to the emergency. The State Fire Marshal
or the local fire department or district also may bill the responsible party
for the cost of billing for and collecting the emergency response costs,
including but not limited to the costs of administration, investigation and
legal services. The billing shall be on forms established by the State Fire
Marshal for such purposes.
(2)
If the person fails to pay the cost set forth in a billing within 30 days after
the second billing, the State Fire Marshal, acting for the State Fire Marshal
or on behalf of the local fire department or district, may either:
(a)
Bring an action for the recovery of such unpaid cost from the person
responsible for causing the hazardous material or hazardous substance
emergency; or
(b)
Initiate a contested case hearing according to the applicable provisions of ORS
chapter 183.
(3)
Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of
this section shall be considered to require the State Fire Marshal to conduct a
contested case hearing as a prerequisite to bringing an action under subsection
(2)(a) of this section. [1989 c.833 §89; 1991 c.804 §3; 1993 c.707 §10]
453.384 Immunity of team members from
liability. During operations authorized under ORS
453.374 to 453.390, members of regional hazardous materials response teams
shall be protected and defended from liability under ORS 30.260 to 30.300. [1989
c.833 §85]
453.385 [1971
c.609 §11; 1975 c.606 §30; renumbered 469.390]
453.386 Equipment and personnel; loaning;
grants. (1) In order to accomplish the purposes
of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and
personnel and make grants for the purchase of equipment and for personnel
costs, as funds are available, to any local government participating in the
statewide hazardous material emergency response system.
(2)
In allocating state equipment and personnel grants under ORS 453.374 to
453.390, the State Fire Marshal may provide up to 90 percent of the financing
for the equipment and personnel. A local government receiving grant moneys shall
contribute at least 10 percent to the costs. Such contribution may be in a form
agreed upon by the local government and the State Fire Marshal and may include,
but need not be limited to, providing emergency response to areas outside the
local jurisdiction, paying of insurance costs of the equipment or providing
maintenance for the equipment. [1989 c.833 §86; 1991 c.356 §1]
453.388 Contracts for equipment, personnel
loans or equipment purchases; provisions; rules.
(1) The State Fire Marshal and any local government may enter into contracts
with each other concerning eligible equipment or personnel loans or equipment
purchases. The contract may include any provisions agreed upon by the parties
thereto, and for grants shall include the following provisions:
(a)
An estimate of the reasonable personnel costs or cost of the eligible equipment
purchases, as determined by the State Fire Marshal.
(b)
An agreement by the local government:
(A)
To proceed expeditiously with, and complete, the equipment purchases in
accordance with plans approved by the State Fire Marshal; and
(B)
To provide for the payment of the local government’s share of the personnel
costs or the cost of the equipment purchases.
(2)
The State Fire Marshal may adopt rules necessary for making and enforcing
contracts under this section and establishing procedures to be followed in
applying for state equipment and personnel loans or grants authorized by ORS
453.386.
(3)
All contracts entered into pursuant to this section shall be subject to approval
by the Attorney General as to form. All payments by the state pursuant to such
contracts shall be made after audit and upon warrant on vouchers approved by
the State Fire Marshal. [1989 c.833 §87; 1991 c.356 §2]
453.390 Revolving fund; use.
(1) When requested in writing by the State Fire Marshal, the Oregon Department
of Administrative Services shall draw a warrant on the State Fire Marshal Fund
in favor of the State Fire Marshal for use as a revolving fund. The State
Treasurer shall hold the revolving fund in a special account against which the
State Fire Marshal may draw checks.
(2)
The State Fire Marshal may use the revolving fund for the purposes specified in
ORS 453.386 and 453.388.
(3)
All claims by the State Fire Marshal for reimbursement of advances paid from
the revolving fund are subject to approval by the Oregon Department of
Administrative Services. When such claims have been approved, a warrant
covering them shall be drawn in favor of the State Fire Marshal, charged
against the appropriate funds and accounts and used to reimburse the revolving
fund.
(4)
The State Fire Marshal may disburse moneys from the revolving fund established
under subsections (1) to (3) of this section to any local government unable to
pay the expenses incurred by a regional hazardous material response team that
responds to an emergency within the jurisdiction of the local government or to
defray any extraordinary costs of a local response team responding to the
emergency. [1989 c.833 §§88,90]
453.395 [1971
c.609 §12; 1975 c.606 §31; renumbered 469.400]
453.396 Definitions for ORS 453.396 to
453.414. As used in ORS 453.396 to 453.414:
(1)
“Department” means the Department of Revenue.
(2)
“Facility” means all buildings, equipment, structures and other stationary
items that are located on a single site or on contiguous or adjacent sites and
that are owned or operated by the same person or by any person who controls, is
controlled by or under common control with such person.
(3)
“Hazardous substance” means any chemical substance or waste for which a
material safety data sheet is required by the Department of Consumer and
Business Services.
(4)
“Material safety data sheet” means written or printed material concerning a
hazardous chemical which is prepared in accordance with rules of the Department
of Consumer and Business Services.
(5)
“Person” includes any entity operating a facility that is included in one or
more of the standard industrial classification categories identified by the
State Fire Marshal or added by the State Fire Marshal under ORS 453.408 (2). “Entity”
includes any individual, trust, firm, association, corporation, partnership,
joint stock company, joint venture, public or municipal corporation,
commission, political subdivision, the state or any agency or commission
thereof, interstate body, and the federal government and any agency thereof.
(6)
“Possess” or “possession” means the physical possession of a hazardous
substance within this state. [1989 c.833 §121; 1993 c.744 §228]
453.398 Purpose.
It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of
hazardous substances at facilities in this state. These provisions are not
intended to relieve any person from any other duty or responsibility imposed by
law. [1989 c.833 §122]
453.400 Possession of hazardous substance;
fee. (1) Beginning January 1, 1990, and
annually thereafter, any person possessing a hazardous substance at a facility
in this state in aggregate amounts at or above the threshold quantities
designated by rule by the State Fire Marshal shall pay a fee for each facility
in accordance with the fee schedules established under ORS 453.402.
(2)
If any person fails to pay the fee imposed under subsection (1) of this section
within 60 days, there shall be added to the fee a penalty of five percent of
the amount of the fee. Any payment made after 60 days shall bear interest at
the rate prescribed under ORS 305.220.
(3)
The fee imposed by this section is in addition to all other state, county or
municipal fees on a hazardous substance. [1989 c.833 §§123,130]
453.402 Fees; statement; schedules; uses;
collection; local hazardous substance fees. (1)
The State Fire Marshal shall annually send a statement to each person subject
to the fee imposed under ORS 453.400, indicating the amount of the fee due. The
amount of the fee shall be in accordance with the fee schedules established
under subsection (2) of this section.
(2)
By rule and after hearing, the State Fire Marshal shall establish three
schedules of fees to be submitted annually by each employer returning a
hazardous substance survey under ORS 453.317, except as otherwise provided in
subsection (4) of this section. In each case the fee shall be based upon the
aggregate amount of the single largest annual aggregate substance reported that
is manufactured, stored or used at the facility. The fee schedule shall be
graduated and shall include but need not be limited to categories of fees for
minimally hazardous substances, generally hazardous substances and very hazardous
substances. In addition, the State Fire Marshal may establish a registration
fee to be paid for certain hazardous substances and quantities of hazardous
substances in lieu of the fee under the graduated schedule. When the State Fire
Marshal assesses a registration fee, no local fee shall be assessed for those
substances. The programs to be funded from fees collected under ORS 453.396 to
453.414 and the maximum range of the fees that may be considered are as
follows:
(a)
For funding the Community Right to Know and Protection Act, not less than $25
and not more than $2,000.
(b)
For funding the Toxics Use Reduction and Hazardous Waste Reduction Act, not
less than $25 and not more than $2,000.
(c)
For each employer’s share of a total of up to $1 million to be deposited into
the Orphan Site Account established under ORS 465.381, not less than zero and
not more than $9,000. This schedule shall not require an employer to pay more
than $25,000.
(3)
The Department of Revenue shall collect fees established under this section.
The department shall determine the amounts to be distributed under subsection
(2) of this section and shall transfer the appropriate amounts to the State
Fire Marshal, the Department of Environmental Quality and the Orphan Site
Account in accordance with expenditures approved by the Legislative Assembly
for the State Fire Marshal and the Department of Environmental Quality. The
remaining moneys are continuously appropriated to the State Fire Marshal to pay
the expenses of the State Fire Marshal in administering and enforcing the
provisions of ORS 453.396 to 453.414.
(4)
The following are exempt from the fee imposed under this section:
(a)
Crude oil and petroleum products derived from the refining of crude oil,
including plant condensate, gasoline, diesel motor fuel, aviation fuel,
lubrication oil, crankcase motor oil, kerosene, benzol, fuel oil, residual
fuel, petroleum coke, asphalt base, liquefied or liquefiable gases such as
butane, ethane and propane and other products described during petroleum
processing, but not including derivatives, such as petroleum jellies, cleaning
solvents or asphalt paving.
(b)
Solid waste as defined in ORS 459.005.
(c)
Hazardous waste as defined in ORS 466.005.
(d)
Any substance or activity which the Constitution or laws of the United States
prohibit the state from taxing.
(e)
From the fee imposed under the schedule established under subsection (2)(c) of
this section, any person whose property is exempt from taxation under ORS
307.090.
(f)
Natural gas unless stored in liquefied form for nonvehicular use in quantities
greater than 200 cubic feet.
(5)(a)
Except as provided in paragraph (b) of this subsection, propane, butane and
blended or compounded petroleum products produced by processes other than the
refining of crude oil and for nonvehicle use are not exempt from the fees
imposed by subsection (2) of this section.
(b)
Propane produced by processes other than the refining of crude oil and for
nonvehicle use is exempt from the fee imposed by subsection (2)(b) of this
section.
(6)
Local government assessments of hazardous substance fees based on quantity or
the hazardous substance survey shall be used solely to supplement and not to
duplicate the State Fire Marshal’s programs under ORS 453.307 to 453.414 and shall
be billed and collected only through contract with the State Fire Marshal. A
local government shall not charge any fee under its program for a hazardous
substance for which an employer pays a registration fee to the State Fire
Marshal under subsection (2) of this section.
(7)
The State Fire Marshal shall not enter into a contract with a local government
under subsection (6) of this section unless the local government meets the
following requirements:
(a)
The local government certifies that the revenue from the local hazardous
substance fee will be used solely to supplement and not duplicate the State
Fire Marshal’s programs under ORS 453.307 to 453.414;
(b)
The local hazardous substance fee system is structured to be compatible with
the fee schedule adopted under subsection (2)(a) of this section;
(c)
The local hazardous substance fee system will not raise moneys in excess of
that needed to carry out the local government’s supplemental community right to
know programs; and
(d)
The contract under this section shall include:
(A)
Provisions that ensure that the local government pays the portion of the costs
that may be attributed to its fee assessment program; and
(B)
Conditions that require the local government to bear all costs related to
collection of its fee, including but not limited to costs associated with
conducting hearings or appeals on the fee.
(8)
In addition to collecting the fees due to the State Fire Marshal under this
section, the Department of Revenue also may collect the fees authorized for
collection under a contract established under subsection (6) of this section.
The Department of Revenue shall determine the amount to be distributed to each
local government according to fee assessment totals provided by the State Fire
Marshal for each local government for whom the State Fire Marshal has
contracted to assess a fee. [1989 c.833 §124; 1991 c.804 §2; 2003 c.95 §1]
453.404 Extension of payment date.
(1) The State Fire Marshal for good cause may extend, for not to exceed one
month, the time for payment of the fee due under ORS 453.396 to 453.414. The
extension may be granted at any time if a written request is filed with the
State Fire Marshal within or prior to the period for which the extension may be
granted. If the time for payment is extended at the request of a person,
interest at the rate established under ORS 305.220, for each month, or fraction
of a month, from the time the payment was originally due to the time payment is
actually made, shall be added and paid.
(2)
If the person fails to pay the amount due, the State Fire Marshal may either:
(a)
Bring an action for the recovery of the fee due; or
(b)
Initiate a contested case hearing according to the applicable provisions of ORS
chapter 183.
(3)
Notwithstanding any provision of ORS chapter 183, nothing in subsection (2) of
this section shall be considered to require the State Fire Marshal to conduct a
contested case hearing as a prerequisite to bringing an action under subsection
(2)(a) of this section. [1989 c.833 §125]
453.405 [1971
c.609 §21; 1973 c.687 §2; 1975 c.606 §32; renumbered 469.420]
453.406 Records of hazardous substance
possessed; examinations. (1) Every person who possesses a
hazardous substance shall keep at its registered place of business complete and
accurate records for each facility of any hazardous substance purchased by, or
brought in or caused to be brought in to the facility, or stored, used or
manufactured at the facility.
(2)
The State Fire Marshal or an authorized representative of the State Fire
Marshal, upon oral or written reasonable notice, may make such examinations of
the books, papers, records and equipment required to be kept under this section
as it may deem necessary in carrying out the provisions of ORS 453.396 to
453.414. [1989 c.833 §126]
453.408 Rules.
(1) The Department of Revenue, in consultation with the State Fire Marshal, is
authorized to establish those rules and procedures for the implementation and
enforcement of ORS 453.396 to 453.414 that are consistent with its provisions
and are considered necessary and appropriate.
(2)
The State Fire Marshal by rule may add persons or substances to or exempt
persons or substances from liability for the fee imposed under ORS 453.396 to
453.414 to conform to the reporting requirements established by the State Fire
Marshal under the Community Right to Know and Protection Act.
(3)
Before final adoption of initial rules to carry out the provisions of ORS
453.396 to 453.414 or subsequent amendment of the initial fee schedules
established under ORS 453.398, the State Fire Marshal shall obtain prior
approval of the fees by the Oregon Department of Administrative Services and
shall submit a report to the Emergency Board prior to adopting the fees. The
fees established under ORS 453.396 to 453.414 shall be within the budget
authorized by the Legislative Assembly as that budget may be modified by the
Emergency Board. The fees shall not exceed the cost of the program. [1989 c.833
§§127,131,134; 1991 c.703 §11]
453.410 Application of ORS chapters 305
and 314. The provisions of ORS chapters 305 and
314 as to liens, delinquencies, claims for refund, issuance of refunds,
conferences, appeals to the Oregon Tax Court, stay of collection pending
appeal, cancellation, waiver, reduction or compromise of fees, penalties or
interest, subpoenaing and examining witnesses and books and papers, and the
issuance of warrants and the procedures relating thereto, shall apply to the
collection of fees, penalties and interest by the Department of Revenue under
ORS 453.396 to 453.414, except where the context requires otherwise. [1989
c.833 §128; 1995 c.650 §54]
453.412 Deposit and distribution of moneys
received from fees. All moneys received by the
Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the
State Treasury and credited to a suspense account established under ORS
293.445. After payment of administration expenses incurred by the department in
the administration of ORS 453.396 to 453.414 and of refunds or credits arising
from erroneous overpayments, the balance of the money shall be distributed
according to the provisions of ORS 453.402. Moneys collected under ORS 453.396
to 453.414 and credited to the Orphan Site Account shall not be used for
removal or remedial action costs at solid waste disposal sites for which a fee
is collected under ORS 459.311 or 459.236. [1989 c.833 §129]
453.414 Exemption for local government;
circumstances allowing. Nothing in ORS 453.396 to
453.412 shall require units of local government to pay a fee imposed under the
schedules established under ORS 453.402 (2)(a) and (b) because of the use of
material which would otherwise be subject to a fee under ORS 453.396 to
453.414, if the use of such material by the unit of local government is
specifically required by a state or federal law or rule or if the use of such
material is reasonably necessary to enable the unit of local government to meet
a standard imposed by state or federal law or rule, or is the by-product of
processes employed to meet a standard imposed by state or federal rule or law. [1989
c.833 §135]
453.415 [1971
c.609 §13; 1975 c.606 §33; renumbered 469.430]
453.425 [1971
c.609 §23; renumbered 469.440]
453.435 [1971
c.609 §5; 1975 c.606 §34; renumbered 469.450]
453.445 [1971
c.609 §19; 1975 c.606 §35; renumbered 469.460]
453.455 [1971
c.609 §6; 1975 c.606 §36; renumbered 469.470]
453.465 [1971
c.609 §16; repealed by 1975 c.606 §60]
453.475 [1971
c.609 §17; 1975 c.606 §37; renumbered 469.480]
453.485 [1971
c.609 §21a; repealed by 1975 c.606 §60]
453.495 [1971
c.609 §6a; renumbered 469.490]
453.505 [1971
c.609 §14; 1975 c.606 §38; renumbered 469.500]
453.510 [1985
c.696 §§4,7; 1987 c.597 §4; 1989 c.6 §13; 1989 c.171 §57; 1993 c.187 §27; 1995
c.162 §84; 1997 c.249 §152; 1997 c.632 §8; repealed by 2005 c.825 §19]
453.515 [1971
c.609 §7; 1975 c.606 §39; renumbered 469.510]
453.517 [1987
c.597 §2; repealed by 2005 c.825 §19]
453.520 State Fire Marshal as state emergency
response commission. (1) The Governor shall designate
the office of the State Fire Marshal as the state emergency response commission
as required by the Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. 11001 et seq.).
(2)
The office shall:
(a)
Provide, in a timely manner, advice to a state agency that is required to
consult with the office about programs that involve hazardous materials or
hazardous substances; and
(b)
Undertake all duties of a state emergency response commission required by the
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et
seq.) including but not limited to:
(A)
Designating emergency planning districts;
(B)
Establishing local emergency planning committees within emergency planning
districts and appointing members to the local emergency planning committees;
and
(C)
Providing comments on local emergency plans. [1987 c.597 §1; 2005 c.825 §14;
2007 c.71 §139]
453.525 [1971
c.609 §18; 1975 c.606 §40; renumbered 469.520]
453.527 [1987
c.597 §3; 1993 c.187 §28; repealed by 2005 c.825 §19]
453.535 [1971
c.609 §15; 1975 c.606 §41; renumbered 469.530]
453.545 [1971
c.609 §25; 1975 c.606 §42; renumbered 469.540]
453.555 [1971
c.609 §26; 1975 c.606 §43; renumbered 469.550]
453.565 [1971
c.609 §20; 1975 c.606 §44; renumbered 469.560]
453.575 [1971
c.609 §24; renumbered 469.570]
453.590 [1973
c.246 §1; 1975 c.606 §45; renumbered 453.765]
453.595 [1973
c.246 §3; renumbered 453.770]
RADIATION SOURCES
(Generally)
453.605 Definitions for ORS 453.605 to
453.800. As used in ORS 453.605 to 453.800,
unless the context requires otherwise:
(1)
“Authority” means the Oregon Health Authority.
(2)
“By-product material” means radioactive material, other than special nuclear
material, that is yielded or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special nuclear material.
(3)
“Director” means the Director of the Oregon Health Authority.
(4)
“Electronic product” means any manufactured product or device or component part
of such a product or device that has an electronic circuit which during
operation can generate or emit a physical field of radiation, such as, but not
limited to microwave ovens, laser systems or diathermy machines.
(5)
“Federal government” means the United States or any agency or instrumentality
of the United States.
(6)
“General license” means a license, effective under rules of the authority
without the filing of an application, to acquire, own, possess, use or transfer
a device or equipment that produces radiation, or a quantity of, or a device or
equipment that utilizes, by-product material, source material, special nuclear
material or other radioactive material that occurs naturally or is produced
artificially.
(7)
“Person” means any of the following other than the United States Atomic Energy
Commission or any successor thereto:
(a)
Individual, group, association, firm, partnership, corporation, trust, estate,
agency or public or private institution;
(b)
Political subdivision or agency of this state;
(c)
State other than this state or any political subdivision or agency of a state
other than this state; or
(d)
The legal successor, representative, agent or agency of a person listed in
paragraphs (a) to (c) of this subsection.
(8)
“Radiation” means:
(a)
Ionizing radiation including gamma rays, X-rays, alpha and beta particles,
protons, neutrons and other atomic or nuclear particles or rays.
(b)
Any electromagnetic radiation that can be generated during the operations of
electronic products and that the authority has determined to present a
biological hazard to the occupational or public health and safety but does not
mean electromagnetic radiation that can be generated during the operation of an
electronic product that is licensed by the Federal Communications Commission.
(c)
Any sonic, ultrasonic or infrasonic waves that are emitted from an electronic
product as a result of the operation of an electronic circuit in such product
and that the authority has determined to present a biological hazard to the
occupational or public health and safety.
(9)
“Source material” means:
(a)
Uranium, thorium or any other material that the authority declares to be
essential to the production of special nuclear material by an order made after
the United States Atomic Energy Commission or any successor thereto has
determined the material to be source material; or
(b)
Ore that contains such a concentration of one or more materials mentioned in
paragraph (a) of this subsection that the authority declares the ore to be
essential to the production of special nuclear material by an order made after
the United States Atomic Energy Commission or any successor thereto has
determined such ore to be source material.
(10)
“Special nuclear material” means any of the following that is not source
material:
(a)
Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope
235, or any other material that the authority declares to be capable of
releasing substantial quantities of atomic energy by an order made after the
United States Atomic Energy Commission or any successor thereto has determined
the material to be special nuclear material.
(b)
Material artificially enriched by any material mentioned in paragraph (a) of
this subsection.
(11)
“Specific license” means a license, issued after application, to receive,
acquire, own, possess, use, manufacture, produce or transfer a device or
equipment that produces radiation, or a quantity of, or a device or equipment
that utilizes, by-product material, source material or special nuclear material
or other radioactive material that occurs naturally or is produced
artificially.
(12)
“X-ray machine” means a device or equipment that produces radiation when in
operation but does not utilize by-product material, source material, special
nuclear material or other radioactive material that occurs naturally or is
produced artificially.
(13)
“X-ray machine registration” means an authorization granted by the authority
allowing the operation of an X-ray machine. [1961 c.664 §3; 1973 c.90 §1; 1995
c.444 §12; 2001 c.900 §258; 2009 c.595 §899]
453.610 [1957
c.399 §2; repealed by 1961 c.664 §16]
453.615 Statement of policy.
It is the policy of the State of Oregon in furtherance of its responsibility to
protect the public health and safety:
(1)
To institute and maintain a regulatory program for radiation sources so as to
provide for:
(a)
Compatibility with the standards and regulatory programs of the federal
government;
(b)
An integrated effective system of regulation within the state; and
(c)
A system consonant insofar as possible with those of other states; and
(2)
To institute and maintain a program to permit development and utilization of
radiation sources for peaceful purposes consistent with the health and safety
of the public. [1961 c.664 §1]
453.620 [1957
c.399 §1; repealed by 1961 c.664 §16]
453.625 Purpose of ORS 453.605 to 453.800.
It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set
forth in ORS 453.615 by providing for:
(1)
A program of effective regulation of radiation sources for the protection of
the occupational and public health and safety;
(2)
A program to promote an orderly regulatory pattern within the state, among the
states and between the federal government and this state and to facilitate
intergovernmental cooperation with respect to use and regulation of radiation
sources to the end that duplication of regulation may be minimized;
(3)
A program to establish procedures for assumption and performance of certain
regulatory responsibilities with respect to by-product materials, source
materials and special nuclear materials; and
(4)
A program to permit maximum utilization of radiation sources consistent with
the health and safety of the public. [1961 c.664 §2]
453.630 [1957
c.399 §§3,4; repealed by 1961 c.664 §16]
453.635 State Radiation Control Agency;
duties; applicability of ORS 453.605 to 453.800.
(1) The Oregon Health Authority is the State Radiation Control Agency, but ORS
453.605 to 453.800 do not apply to a radiation source while it is being
transported on a railroad car or in a motor vehicle subject to and in
conformity with rules adopted by the Department of Transportation nor do they
apply to any matter other than transportation of radiation sources within the
authority of the Energy Facility Siting Council under ORS chapter 469. To
protect occupational and public health and safety against radiation hazards the
authority shall:
(a)
Develop programs to evaluate hazards associated with the use of radiation
sources; and
(b)
With due regard for compatibility with the regulatory programs of the federal
government, promulgate standards and make reasonable regulations relating to
registration, licensing, use, handling, transport, storage, disposal, other
than disposal regulated by ORS 469.300 to 469.563, 469.590 to 469.619 and
469.930, and control of radiation sources, including but not limited to
by-product materials, source materials and special nuclear materials.
(2)
To protect occupational and public health and safety against radiation hazards
the authority or its authorized representative may:
(a)
Advise, consult and cooperate with other agencies of this state, the federal
government, other states, interstate agencies, political subdivisions of this
state or other states and with groups concerned with control of radiation
sources;
(b)
Encourage, participate in or conduct studies, investigations, training,
research or demonstrations relating to control of radiation sources;
(c)
Accept and administer loans, grants or other funds or gifts, conditional or otherwise,
from the federal government or from any other source, public or private;
(d)
Collect and disseminate information relating to control of radiation sources;
and
(e)
Subject to any applicable provision of the State Personnel Relations Law,
appoint officers and employees and prescribe their duties and fix their
compensation. [1961 c.664 §4; 1971 c.699 §17; 1977 c.796 §6; 1995 c.733 §44;
2009 c.595 §900]
453.640 [1957
c.399 §5; repealed by 1961 c.664 §16]
453.645 Radiation Advisory Committee;
composition; compensation and expenses. The Director
of the Oregon Health Authority shall appoint a Radiation Advisory Committee to
advise the Oregon Health Authority on matters relating to radiological health
and radiation protection. The committee shall consist of eight persons who
because of their training and experience are qualified to advise the authority
on such matters and they shall serve at the pleasure of the director. The
members of the Radiation Advisory Committee are entitled to compensation and expenses
as provided in ORS 292.495. [1961 c.664 §4a; 1969 c.314 §47; 1973 c.90 §2; 2009
c.595 §901]
453.650 [1957
c.399 §6; repealed by 1961 c.664 §16]
453.655 License or registration required
for radiation source. When under ORS 453.605 to
453.800 a license or registration or both, as the case may be, is required for
that purpose, no person shall receive, acquire, own, possess, use, manufacture,
produce or transfer any radiation source without the license or registration or
both, as the case may be. [1961 c.664 §6]
453.665 Licenses; application; modifications;
exemptions; rules. (1) Subject to subsection (2) of
this section, the Oregon Health Authority shall provide for the issuance,
allowance, modification, amendment, revision, suspension and revocation of
general and specific licenses that relate to by-product materials, source
materials or special nuclear materials and to devices or equipment that utilize
any of those materials. The authority may not require a specific license for
the use of an X-ray machine within the limits of the license by a licensed
dentist, chiropodist or veterinarian or by a person licensed to practice
medicine, surgery, osteopathy, chiropractic, naturopathic medicine or any other
system or method of healing. Otherwise the authority may require registration
or a general or specific license or both registration and a general or specific
license with respect to any radiation source.
(2)(a)
Each application for a specific license shall be in writing and shall state
such information as the authority by rule determines both to be necessary to
decide the applicant’s technical, insurance, financial or other qualifications
and to be reasonable and necessary to protect occupational and public health
and safety. At any time after the filing of the application for and before the
expiration of a specific license the authority may require further written
statements, and may cause inspections to be made as the authority considers
necessary, to determine whether the license should be granted, denied,
modified, amended, revised, suspended or revoked. An application for a specific
license or any statement relating to that application or to any license must be
signed by the applicant or licensee.
(b)
Each license shall be in such form and contain terms and conditions the
authority considers necessary to protect the occupational and public health and
safety.
(c)
A general or specific license or right to possess or use a radiation source
under a general or specific license may not be assigned in any manner without
the approval of the authority.
(d)
The terms and conditions of any general or specific license may be modified,
amended or revised by rule or order.
(e)
Subject to any requirement for registration, the authority may by rule
recognize a license from any other state or from the federal government as
compliance with a license requirement of this section or of ORS 453.635.
(f)
When the authority finds that a radiation source, a use of a radiation source,
a user of a radiation source or a class of such sources, uses or users will not
constitute a significant risk to the health and safety of the public, the
authority may exempt the source, use, user or class, as the case may be, from
any requirement for registration or a license. [1961 c.664 §5; 2005 c.21 §1;
2009 c.595 §902]
453.670 [1969
c.304 §2; 1973 c.182 §10; 1979 c.696 §9; 1989 c.436 §1; 1993 c.728 §1; 1995
c.444 §13; renumbered 453.757 in 1995]
453.675 State assumption of federal
responsibility for radiation sources; effect of federal licenses.
(1) When in the opinion of the Governor, such agreements will promote public
health and safety and assist in the peaceful uses of radiation sources, the
Governor on behalf of this state shall enter into agreements with the federal
government providing for discontinuance of certain of the federal government’s
responsibilities with respect to radiation sources and the assumption thereof
by this state.
(2)
When a person immediately before the effective date of an agreement under
subsection (1) of this section has a license from the federal government to do
anything which relates to by-product material, source material or special
nuclear material and which on the effective date of the agreement is subject to
the control of this state, the person shall be considered to have a like
license under ORS 453.605 to 453.800 until the expiration date specified in the
license from the federal government or until the end of the 90th day after the
person receives notice from the Oregon Health Authority that the license will
be considered expired, whichever is earlier. [1961 c.664 §7; 2009 c.595 §903]
453.685 Entry on property for inspection
purposes; issuance of warrant; liability for entry.
(1) The Director of the Oregon Health Authority may enter at any reasonable
time upon any private or public property, with the permission of the owner or
custodian, to determine whether there is compliance with ORS 453.605 to 453.800
and rules lawfully issued pursuant thereto. When such permission is not
obtained or given, if the director has grounds to believe that a violation of
ORS 453.605 to 453.800 or rules lawfully issued pursuant thereto exists, the
director may apply to the proper judicial officer for a warrant to enter upon
the property for purposes of inspection, search or seizure consonant with the
scope of ORS 453.605 to 453.800; except that in a case where the director has
grounds to believe that a violation of ORS 453.605 to 453.800 or rules pursuant
thereto exists which presents a clear and present danger to the health, safety
or security of the state or its citizens, the director may make such entry of
property as is reasonable to abate the danger involved and for that purpose.
(2)
Upon application to the proper judicial officer for a warrant to enter property
under this section, the judicial officer shall forthwith summarily determine
whether or not grounds to issue such warrant exists, and if the judicial
officer finds such exists, the judicial officer shall immediately issue a
warrant authorizing entry by the director upon the described property for the
purposes of ORS 453.605 to 453.800. The director shall not be liable for injury
or damage resulting from the action taken or authorized in good faith and
without malice under the apparent authority of this section, even though such
action is later judicially determined to be unlawful. [1961 c.664 §8; 1973 c.90
§3; 2009 c.595 §904]
453.695 Records concerning radiation
source; notice of exposure to radiation source.
(1) When the Oregon Health Authority by regulation so requires, any person who
possesses or uses a radiation source shall cause to be made, in the manner
prescribed by the authority, records relating to the receipt, storage, transfer
and disposition of the source and to such other matters as the authority
prescribes.
(2)
Any person who possesses or uses a radiation source shall cause to be made, in
the manner prescribed by the authority, records showing the radiation exposure
of any individual who is affected by such possession or use and for whom the authority
by regulation requires personnel monitoring.
(3)(a)
Each person who possesses or uses a radiation source and who has reason to
believe that any individual has received from that source radiation exposure in
excess of the maximum permissible exposure established for an individual by
regulations of the authority shall give that individual notice of the possible
exposure with a copy of any record of the exposure.
(b)
Any person who possesses or uses a radiation source and who, in connection with
that possession or use, employs an individual for whom the authority by
regulation requires personnel monitoring, in addition to any requirement of
paragraph (a) of this subsection shall, if the individual so requests or if
regulations of the authority so require, give the individual a copy of the
individual’s personnel monitoring exposure record annually and at the end of
the employment.
(4)
Upon the request of the authority or its authorized representative, the
custodian of any record required by this section shall give a copy of that
record to the authority or its authorized representative. [1961 c.664 §10; 2009
c.595 §905]
453.705 Impounding radiation source upon
violation. When a radiation source is in the
possession, custody or control of any person who is not equipped to observe or
who fails to observe any applicable provision of or regulation pursuant to ORS
453.605 to 453.800, upon the issuance of an emergency order under ORS 453.807
the Oregon Health Authority or its authorized representative may cause that
source to be impounded. [1961 c.664 §11; 1975 c.241 §1; 2009 c.595 §906]
453.715 Injunction against violation.
When the Oregon Health Authority in writing notifies the Attorney General that,
in the judgment of the authority, a person has engaged or is about to engage in
any act or practice that constitutes or will constitute a violation of any
provision of or regulation pursuant to ORS 453.605 to 453.800, if the authority
so requests, the Attorney General shall apply to the circuit court for the
county of that person’s residence for an order enjoining such act or practice,
or for an order directing compliance; and upon a showing by the authority that
that person has engaged or is about to engage in any such act or practice, the
court may grant a permanent or temporary injunction or restraining order or
other order. [1961 c.664 §12; 2009 c.595 §907]
453.725 [1961
c.664 §13; repealed by 1971 c.734 §21]
(Tanning Facilities)
453.726 Definitions for ORS 453.726 to
453.732. As used in ORS 453.726 to 453.732,
unless the context requires otherwise:
(1)
“Phototherapy device” means equipment that emits ultraviolet radiation used by
a health care professional in the treatment of disease or illness.
(2)
“Tanning device” means any equipment that emits electromagnetic radiation with
wavelengths in the air between 200 and 400 nanometers used for tanning of the
skin including, but not limited to, a sunlamp, tanning booth or tanning bed. “Tanning
device” also means any accompanying equipment including, but not limited to,
protective eye wear, timers and handrails.
(3)
“Tanning facility” means any location, place, area, structure or business that
provides persons access to any tanning device. [Formerly 431.925]
453.727 Purpose of ORS 453.726 to 453.732.
It is the purpose of ORS 453.726 to 453.732 to regulate tanning facilities to
minimize the risks associated with suntanning with artificial ultraviolet
light. These risks include, but may not be limited to:
(1)
Sunburn;
(2)
Premature aging of the skin;
(3)
Skin cancer;
(4)
Retinal damage;
(5)
Formation of cataracts;
(6)
Suppression of the immune system; and
(7)
Damage to the vascular system. [Formerly 431.930]
453.728 Tanning device to comply with
federal requirements; exception for certain phototherapy devices.
(1) Any tanning device used by a tanning facility shall comply with all
applicable federal laws and regulations.
(2)
ORS 453.726 to 453.732 do not apply to a phototherapy device used by or under
the direct supervision of a physician licensed under ORS chapter 677. [Formerly
431.935]
453.729 Standards and regulation of
tanning devices; rules; fee; inspection. (1) The
Oregon Health Authority shall adopt by rule standards and a system of
registration for tanning devices. Any entity doing business in this state as a
tanning facility shall register the tanning devices with the authority in a
manner prescribed by rule.
(2)
The registration shall include payment of an annual registration fee, not to
exceed $100 per tanning device, prescribed by rule in an amount sufficient to
cover the costs of administering the regulatory program.
(3)
The authority may conduct inspections of tanning facilities to ensure
compliance with ORS 453.726 to 453.732. [Formerly 431.940]
453.730 Written warning statement and
sign; content; rules. (1) A tanning facility shall
give each customer a written statement warning that:
(a)
Not wearing the protective eye wear provided to each customer by the tanning
facility may cause damage to the eyes.
(b)
Overexposure to the tanning process causes burns.
(c)
Repeated exposure to the tanning process may cause skin cancer or premature
aging of the skin, or both.
(d)
Abnormal skin sensitivity or burning may result from the tanning process if the
customer is also consuming or using certain:
(A)
Foods.
(B)
Cosmetics.
(C)
Medications such as tranquilizers, antibiotics, diuretics, high blood pressure
medication, antineoplastics or birth control pills.
(e)
Any person taking a prescription or over-the-counter drug should consult a physician
before using a tanning device.
(2)
In addition to giving customers the written statement required by subsection
(1) of this section, the tanning facility shall post a warning sign in any area
where a tanning device is used. The Oregon Health Authority shall adopt by rule
the language for the warning sign. [Formerly 431.945]
453.731 Civil penalty for violation of ORS
453.726 to 453.732. The Oregon Health Authority may
impose a civil penalty in an amount not to exceed $500 for a violation of ORS
453.726 to 453.732 or rules of the authority adopted pursuant to ORS 453.726 to
453.732. Civil penalties under this section shall be imposed in the manner
provided by ORS 183.745. [Formerly 431.950]
453.732 Disposition of receipts.
Except as otherwise provided by law, all fees and other moneys received by the
Oregon Health Authority pursuant to ORS 453.726 to 453.732 shall be paid into
the State Treasury and placed to the credit of the Public Health Account and
are continuously appropriated to the authority for the purposes of carrying out
the provisions of ORS 453.726 to 453.732. If moneys received under ORS 453.726
to 453.732 are in excess of moneys required to administer the program
authorized by ORS 453.726 to 453.732, the moneys may be used by the authority
to meet expenses of other programs administered by the authority if an
appropriate expenditure increase is approved by the Emergency Board. [Formerly
431.955]
(Preemption; Intergovernmental
Cooperation)
453.735 ORS 453.605 to 453.800 and rules
supersede contrary laws or regulations. Each
provision of ORS 453.605 to 453.800 or rules pursuant thereto supersedes any
inconsistent provision of any ordinance, resolution, regulation, rule or order
of any county, city, other political subdivision or public corporation of this
state. [1961 c.664 §14; 1973 c.90 §4]
453.745 Intergovernmental cooperation to control
radiation sources. (1) Subject to the approval of
the Governor, to protect the public health and safety and to assist in the
peaceful uses of radiation sources the Oregon Health Authority may cooperate
with the federal government, other states or interstate agencies to perform
functions, including inspection, that relate to control of radiation sources.
(2)
The authority may institute programs to qualify personnel to carry out the
provisions of ORS 453.605 to 453.800 and may make those personnel available for
participation with the federal government, other states or interstate agencies
in any program in furtherance of the purposes of ORS 453.605 to 453.800. [1961
c.664 §9; 2009 c.595 §908]
453.750 [1975
c.241 §3; 1987 c.158 §85; renumbered 453.805 in 1995]
(X-ray Machines)
453.752 X-ray machine registration;
inspection and testing requirements; evidence of registration.
(1) An X-ray machine may not be operated unless the X-ray machine has a valid
X-ray machine registration.
(2)
Prior to issuance of an X-ray machine registration to a hospital, the X-ray
machine shall be approved by an X-ray machine inspector employed by the Oregon
Health Authority or inspected by an accredited radiology inspector. The
inspector shall also review procedures used during X-ray machine operation and
the adequacy of the physical surroundings and equipment used in conjunction
with operation of the X-ray machine.
(3)
Prior to issuance of an X-ray machine registration to a facility other than a
hospital, the X-ray machine shall be approved by an X-ray machine inspector
employed by the authority.
(4)
An accredited radiology inspector conducting a registration inspection on a
hospital X-ray machine shall conduct information gathering tests in the manner
required by the authority. The inspector shall make calculations in the manner
prescribed by the authority and shall enter the results and such other
information as the authority may require on a form provided by the authority.
(5)
The authority shall evaluate the test results submitted by an accredited
radiology inspector and shall grant a hospital X-ray machine registration
provided that all standards adopted by rule of the authority are met, a
properly completed registration application has been submitted by the X-ray
machine owner and all required fees have been paid.
(6)
When an X-ray machine is registered by the authority, the authority shall issue
the X-ray machine owner a document, sticker, plate or other device selected by
the authority to evidence registration of the X-ray machine. [1995 c.444 §2;
2005 c.22 §327; 2009 c.595 §909]
453.754 Application for X-ray machine registration;
renewal notice. (1) Each application for an
X-ray machine registration shall be in writing and shall state such information
as the Oregon Health Authority by regulation determines to be necessary. The
application shall be accompanied by the registration fee due under ORS 453.757.
(2)
Not less than 90 nor more than 120 days prior to the expiration of an X-ray
machine registration, the authority shall mail notice to the X-ray machine
owner of the pending expiration of the registration. The notice shall inform
the owner of the requirements for renewing the registration. [1995 c.444 §4;
2009 c.595 §910]
453.755 [1971
c.734 §66; 1975 c.241 §2; renumbered 453.807 in 1995]
453.757 X-ray machine biennial
registration fee; annual license fees; use of fees; rules.
(1) The Oregon Health Authority shall charge a biennial registration fee for a
registration granted pursuant to ORS 453.752 in the following amounts for:
(a)
Hospital, radiological, chiropractic, osteopathic or medical X-ray machine,
$228.
(b)
Hospital X-ray machine when X-ray machine inspection is performed by an
accredited radiology inspector, $116.
(c)
Industrial or podiatry X-ray machine, $152.
(d)
Dental, academic or veterinary X-ray machine, $112.
(e)
Microwave oven repair facility, $112.
(2)
The authority shall charge an annual license fee for a specific license granted
pursuant to ORS 453.665 that may not exceed $3,000 as determined by rule of the
authority and approved by the Oregon Department of Administrative Services.
(3)
The fees prescribed by the authority pursuant to subsections (1)(e) and (2) of
this section are due and payable as prescribed by rule of the authority.
(4)
The authority shall impose a $264 fee for accreditation as a radiology
inspector and a biennial renewal fee of $264.
(5)
All moneys received by the authority under subsections (1)(e) and (2) of this
section shall be paid into the State Treasury, deposited in the General Fund to
the credit of the Public Health Account, and used exclusively by the authority
for the purposes of ORS 453.605 to 453.800. [Formerly 453.670; 2007 c.856 §2;
2009 c.595 §911]
Note:
453.757 was added to and made a part of 453.605 to 453.800 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
453.761 X-ray machine registration period;
denial, conditioning, suspension or revocation of registration; termination.
(1) An X-ray machine registration for a hospital radiological provider shall be
valid for two years, expiring in the second year on the last day of the month
of issuance.
(2)
An X-ray machine registration for a chiropractic, osteopathic or medical doctor
office or clinic shall be valid for two years, expiring in the second year on
the last day of the month of issuance.
(3)
An X-ray machine registration for a podiatry, dental or veterinary office or
clinic or an academic or industrial facility shall be valid for two years,
expiring in the second year on the last day of the month of issuance.
(4)
Notwithstanding subsection (1), (2) or (3) of this section, the Oregon Health
Authority shall, at the request of the X-ray machine owner, adjust the
registration expiration date of any X-ray machine to coincide with the
registration expiration date of other X-ray machines registered to the machine owner.
The authority shall prorate the registration fee accordingly.
(5)
If an X-ray machine or the physical surroundings or equipment associated with
the operation of the X-ray machine does not comply with one or more standards
adopted by rule of the authority, the authority may deny the registration or
may grant a provisional registration permitting temporary operation pending
compliance with authority standards.
(6)
The authority may require that X-ray machines having a valid registration be
repaired, calibrated or modified or the physical surroundings or equipment used
in conjunction with the operation of the registered X-ray machine be changed to
comply with new standards adopted by rule of the authority provided that
compliance prior to expiration of the registration is determined by the
authority to be necessary to protect occupational and public health and safety.
(7)
The authority may deny, condition, suspend or revoke an X-ray machine
registration if the authority reasonably believes that the X-ray machine or the
physical surroundings or equipment used in conjunction with the operation of
the X-ray machine presents a danger to the health or safety of the operator or
the public.
(8)
An X-ray machine registration shall terminate if the X-ray machine is relocated
for use in a physical surrounding other than the physical surrounding the X-ray
machine occupied when inspected. [1995 c.444 §3; 2007 c.856 §3; 2009 c.595 §912]
453.765
[Formerly 453.590; 1979 c.726 §1; renumbered 469.533]
453.766 Prohibited conduct.
A person shall not knowingly:
(1)
Misrepresent a device evidencing X-ray machine registration as evidencing the
registration of a different X-ray machine.
(2)
Alter, obscure, deface or remove a device evidencing registration of an X-ray
machine registration.
(3)
Operate an X-ray machine not having a valid X-ray machine registration. [1995
c.444 §5]
453.770
[Formerly 453.595; 1979 c.726 §2; renumbered 469.536]
453.771 Imposition of civil penalty for
X-ray machine registration violations. Upon a
complaint by any person, the Oregon Health Authority may investigate any
alleged act prohibited by ORS 453.766. If, after investigation by an
authority-employed X-ray machine inspector, the authority has reason to believe
a prohibited act has been committed, the authority may impose a civil penalty.
Any person subject to a civil penalty under this section may request a hearing
before the authority. The hearing shall be conducted in accordance with ORS
183.413 to 183.470. [1995 c.444 §6; 2009 c.595 §913]
453.775 Duties of Oregon Health Authority
pertaining to X-ray machines. The Oregon
Health Authority shall:
(1)
Develop programs to evaluate hazards associated with the use of X-ray machines.
(2)
Promulgate standards and make reasonable regulations relating to the
registration of X-ray machines, X-ray machine operation, physical surroundings
and equipment related to the operation of X-ray machines, operator training and
approved X-ray machine operating practices.
(3)
Collect and disseminate information relating to proper X-ray machine operation.
(4)
Provide technical assistance and safety information to X-ray machine users. [1995
c.444 §7; 2009 c.595 §914]
(Radiology Inspectors)
453.780 Radiology inspectors; license;
minimum qualifications. (1) All applicants for
accreditation as radiology inspectors shall possess at a minimum one of the
following combinations of education and experience:
(a)
One year of experience and one of the following:
(A)
Certification by the American Board of Radiology or the American Board of
Health Physics;
(B)
A doctoral degree in a physical or biological science; or
(C)
A Doctor of Medicine degree or a degree recognized by the Oregon Health
Authority as an equally qualified health professional degree.
(b)
Two years of experience and a master’s degree in a physical or biological
science.
(c)
Four years of experience and a bachelor’s degree in a physical or biological
science.
(d)
Six years of experience and an associate’s degree in a physical or biological
science.
(2)
Experience required of an applicant includes, but is not limited to, measuring
ionizing radiation, evaluating radiation safety and documenting radiation
protection needs.
(3)
In addition to meeting the education and experience requirements of this section,
applicants shall be tested on knowledge of authority rules governing the X-ray
machine inspection program, including but not limited to safety requirements
and inspection procedures. Applicants shall also complete such additional
written or practical testing as the authority may require.
(4)
A license shall not be issued to an applicant unless the applicant has paid all
required fees. [1995 c.444 §8; 2009 c.595 §915]
453.785 Accreditation; renewal.
(1) Accreditation as a radiology inspector shall be valid for two years and
shall expire in the second year on the last day of the month of issuance unless
renewed.
(2)
Accreditation may be renewed if the radiology inspector has complied with the
continuing education requirements adopted by rule of the Oregon Health
Authority and has paid the renewal fee. [1995 c.444 §9; 2009 c.595 §916]
453.790 Power of Oregon Health Authority
to condition, suspend, revoke or refuse to renew radiology inspector
accreditation; rules. The Oregon Health Authority may
condition, suspend, revoke or refuse to renew accreditation of a radiology
inspector for the following reasons:
(1)
Knowingly falsifying information included on the inspection report form
supplied by the authority.
(2)
Substantially failing to comply with authority procedures.
(3)
Failing to meet authority accuracy requirements.
(4)
Such other grounds as the authority may establish by rule. [1995 c.444 §10;
2009 c.595 §917]
453.795 Duties of Oregon Health Authority
pertaining to accreditation of radiology inspectors; rules.
The Oregon Health Authority shall:
(1)
Develop testing, training and continuing education standards for accredited
radiology inspectors.
(2)
Adopt rules for the proper inspection of X-ray machines for registration
purposes and for regulating the professional activities of accredited radiology
inspectors.
(3)
Develop and implement audit programs using authority-employed X-ray machine
inspectors to monitor accredited radiology inspector results and to monitor
changes in the performance of registered X-ray machines during the registration
period. No charge shall be made to an X-ray machine owner for an audit.
(4)
Investigate and resolve complaints against accredited radiology inspectors and
their employers. [1995 c.444 §11; 2009 c.595 §918]
453.800 X-ray Machine Inspection Account;
sources; use of moneys in account. (1) There is
created in the General Fund of the State Treasury an X-ray Machine Inspection
Account. Moneys credited to the account are continuously appropriated to the
Oregon Health Authority for the carrying out of ORS 453.752 to 453.795.
(2)
All registration fees paid pursuant to ORS 453.757 (1) by owners of X-ray
machines, all application or renewal fees paid by applicants for accreditation
as radiology inspectors under ORS 453.757 (4) and all civil penalties collected
under ORS 453.771 are credited to the X-ray Machine Inspection Account. [1995
c.444 §14; 2009 c.595 §919]
453.805 Elimination of radiation source
danger; compelling compliance. (1) Whenever
it appears to the Director of the Oregon Health Authority that a radiation
source is presenting an imminent and substantial endangerment to the health or
safety of persons, the director may, without the necessity of prior
administrative procedures or hearing, enter an order requiring the person or
persons responsible for the radiation source to immediately take such action as
is necessary to eliminate the endangerment. The director shall, if requested,
provide a prompt hearing after such order, in accordance with ORS chapter 183,
after which the order shall be continued, modified or revoked.
(2)
If any person fails to comply with an order issued pursuant to subsection (1)
of this section, the circuit court for the county in which the radiation source
is located shall compel compliance with the order in the same manner as with an
order of that court. [Formerly 453.750; 2009 c.595 §920]
453.807 When hearing required; procedure;
rules. (1) Where the Oregon Health Authority
proposes to refuse to issue or renew a license, to modify, amend, revise,
revoke or suspend a license or to determine compliance with or grant exemption
from a regulation of the authority, opportunity for hearing shall be accorded
as provided in ORS chapter 183.
(2)
Promulgation of rules, conduct of hearings, issuance of orders and judicial
review of rules and orders shall be in accordance with ORS chapter 183. [Formerly
453.755; 2009 c.595 §921]
453.810 [1969
c.444 §1; repealed by 1979 c.290 §7]
453.820 [1969
c.444 §2; repealed by 1979 c.290 §7]
TRANSPORTATION OF HAZARDOUS SUBSTANCES
AND RADIOACTIVE MATERIALS
453.825 Department of Transportation plan
for regulating transport of hazardous substances and radioactive waste.
(1) The Department of Transportation shall coordinate development of a single plan
and procedure for the regulation of the transportation of hazardous material
and waste and radioactive material and waste in Oregon.
(2)
In developing the plan under subsection (1) of this section, the Department of
Transportation shall cooperate with the office of the State Fire Marshal.
(3)
As used in this section, “hazardous waste” has the meaning given that term in
ORS 466.005. [1985 c.696 §1; 2005 c.825 §15]
453.830 [1969
c.444 §3; 1979 c.750 §1; repealed by 1979 c.290 §7]
453.835 Report to legislative committee.
The Department of Transportation shall submit regular reports on progress made
toward completion of the plans to a committee designated by the Speaker of the
House and the President of the Senate. If no such committee is designated, the
reports shall be submitted to the Emergency Board. [1985 c.696 §3]
453.840 [1969
c.444 §4; repealed by 1979 c.290 §7]
453.850 [1969
c.444 §5; repealed by 1979 c.290 §7]
CLEANUP OF TOXIC CONTAMINATION FROM
ILLEGAL DRUG MANUFACTURING
453.855 Purpose.
It is the purpose of ORS 105.555, 431.175 and 453.855 to 453.912 to provide a
just, equitable and practicable method, to be cumulative with and in addition
to any other remedy provided by law, whereby property which endangers the life,
safety or welfare of the general public or occupants of property because of
toxic chemical contamination that may result from illegal drug manufacturing
may be required to be decontaminated, vacated and secured against use, or
demolished. [1989 c.915 §1]
453.858 Definitions for ORS 453.855 to
453.912. As used in ORS 453.855 to 453.912:
(1)
“Controlled substance” does not include marijuana.
(2)
“Illegal drug manufacturing site” means any property on which there is a
reasonably clear possibility of contamination with chemicals associated with
the manufacturing of controlled substances and:
(a)
Where activity involving the unauthorized manufacture of a controlled substance
listed on Schedules I and II or any precursor chemical for such substances
occurs; or
(b)
Wherein are kept, stored or located any of the devices, equipment, things or
substances used for the unauthorized manufacture of a controlled substance
listed on Schedules I and II.
(3)
“Property” means any:
(a)
Real property, improvements on real property or portions of the improvements;
(b)
Boat, trailer, motor vehicle or manufactured dwelling; or
(c)
Contents of the items listed in paragraph (a) or (b) of this subsection. [1989
c.915 §2; 1999 c.861 §1]
453.861 Applicability.
The provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any
property that is known to have been used as an illegal drug manufacturing site
or for which there are reasonable grounds to believe that the property has been
used as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and
453.855 to 453.912 applies to property to the extent that the devices,
equipment, things or substances that are used for delivery, manufacture or
possession of a controlled substance are kept, stored or located in or on the
property for the purpose of lawful sale or use of these items. [1989 c.915 §3;
1999 c.861 §4]
453.864 Rules.
The Director of the Oregon Health Authority shall adopt rules to carry out ORS
105.555, 431.175 and 453.855 to 453.912. The rules shall be developed in consultation
with:
(1)
The State Fire Marshal or designee;
(2)
The director of the Poison Control and Drug Information Program of the Oregon
Health and Science University, or a designee thereof;
(3)
The Director of the Department of Environmental Quality, or a designee thereof;
(4)
The Director of the Department of Consumer and Business Services, or a designee
thereof;
(5)
The Director of Transportation, or a designee thereof; and
(6)
Any other governmental agency determined appropriate by the Oregon Health
Authority whose advice and information is necessary for the formulation of the
rules authorized by this section. [1989 c.915 §6; 2009 c.595 §922]
453.867 Restriction on transfer of
property used as illegal drug manufacturing site; contracts voidable.
(1) Unless determined fit for use, pursuant to ORS 105.555, 431.175 and 453.855
to 453.912 and rules of the Oregon Health Authority, or as authorized by ORS
453.870, no person shall transfer, sell, use or rent any property knowing or
having reasonable grounds to believe it was used as an illegal drug
manufacturing site.
(2)
All contracts, oral or written, for the transfer, sale, use or rent of property
in violation of subsection (1) of this section are voidable between the
parties, at the instance of the purchaser, transferee, user or renter. This
subsection shall not make voidable any promissory note or other evidence of
indebtedness or any mortgage, trust deed or other security interest securing
such a promissory note or evidence of indebtedness, where such note or evidence
and any such mortgage, trust deed or other security interest were given to a
person other than the person transferring, selling, using or renting the
property to induce such person to finance the transfer, sale, use or rental of
the property. This section shall not impair obligations or duties required to
be performed upon termination of a contract, as required by the provisions of
the contract, including but not limited to payment of damages or return of
refundable deposits. [1989 c.915 §4; 2009 c.595 §923]
453.870 Transfer allowed after full
disclosure. (1) Any property that is not fit for
use as determined under ORS 453.876 may be transferred or sold if full, written
disclosure, as required by rules of the Oregon Health Authority, is made to the
prospective purchaser, attached to the earnest money receipt, if any, and shall
accompany but not be a part of the sale document nor be recorded. However, such
property shall continue to be subject to the provisions of ORS 453.876, regardless
of transfer or sale under this section.
(2)
Any transferee or purchaser who does not receive the notice described in
subsection (1) of this section may set aside the transfer or sale as voidable
and bring suit to recover damages for any losses incurred because of the
failure to give such notice.
(3)
The transferor or seller of any property described in subsection (1) of this
section shall notify the authority of the transfer or sale as required by rule
of the authority. [1989 c.915 §5; 2009 c.595 §924]
453.873 Entry onto property; purposes;
inspection. For the purposes of enforcement of ORS
105.555, 431.175 and 453.855 to 453.912, the Director of the Oregon Health
Authority or a designee thereof or the State Fire Marshal or a designee
thereof, upon presenting appropriate credentials and a warrant, if necessary,
issued under ORS 431.175 to the owner or agent of the owner, may:
(1)
Enter, at reasonable times, any property that is known to have been used as an
illegal drug manufacturing site or for which there are reasonable grounds to
believe that the property has been used as an illegal drug manufacturing site.
(2)
Inspect, at reasonable times, within reasonable limits and in a reasonable
manner, property known to have been used as an illegal drug manufacturing site
or for which there are reasonable grounds to believe the property has been used
as an illegal drug manufacturing site. [1989 c.915 §7; 1999 c.861 §5; 2009
c.595 §925]
453.876 Determination that property is not
fit for use; appeal; notice to local residents.
(1) The Director of the Oregon Health Authority or a designee thereof, the
State Fire Marshal or a designee thereof or any law enforcement agency may
determine that property is not fit for use pursuant to ORS 105.555, 431.175 and
453.855 to 453.912 and applicable rules adopted by the Oregon Health Authority
and may make that determination on site. The determination is effective
immediately and renders the property not fit for use.
(2)
The owner may appeal the determination, to the agency that made the
determination, within 30 working days after the determination, pursuant to
rules of the agency, or to circuit court.
(3)
The appeal to the agency is not a contested case under ORS chapter 183. The
question on appeal is limited to whether the site is an illegal drug
manufacturing site.
(4)
If a determination that property is not fit for use is made under subsection
(1) of this section, a local government or the state may provide notice that
the real property has been determined to be an illegal drug manufacturing site
and not fit for use to:
(a)
A person in each residence located within 300 feet of the real property if the
real property is located within an urban growth boundary; or
(b)
A person in each residence located within one quarter mile of the real property
if the real property is not located within an urban growth boundary.
(5)
The notice described in subsection (4) of this section shall be in writing and
shall include:
(a)
The address of the real property that is determined to be not fit for use;
(b)
A statement that the determination is subject to appeal and that the real
property may be determined to be fit for use if the appeal is successful or if
the real property is certified as decontaminated;
(c)
The telephone number of the office of the Oregon Health Authority that is
responsible for overseeing the decontamination of illegal drug manufacturing
sites; and
(d)
The website for the Oregon Health Authority office responsible for overseeing
the decontamination of illegal drug manufacturing sites that contains
information on the dangers associated with real property that has been used as
an illegal drug manufacturing site. [1989 c.915 §9; 1999 c.861 §2; 2003 c.559 §1;
2009 c.595 §926]
453.879 Director of the Department of Consumer
and Business Services to be notified of determination.
When the Director of the Oregon Health Authority or a designee thereof, the
State Fire Marshal or designee thereof or any law enforcement agency makes a
determination that property subject to ORS 105.555, 431.175 and 453.855 to
453.912 is not fit for use, the Director of the Oregon Health Authority or
designee thereof shall notify the Director of the Department of Consumer and
Business Services of the determination. The Director of the Department of
Consumer and Business Services shall list the property as not fit for use until
the Director of the Department of Consumer and Business Services is notified
that the property has been certified by the Oregon Health Authority pursuant to
ORS 453.885, or the initial determination is reversed on appeal, or the
property is destroyed. Upon receipt of the certificate, the Director of the
Department of Consumer and Business Services shall cause the property to be
removed from the list described in this section. [1989 c.915 §10; 2003 c.14 §279;
2009 c.595 §927]
453.882 Contaminated property as public
nuisance. The owner of property shall be
considered to be maintaining a public nuisance subject to being enjoined or
abated under ORS 105.550 to 105.600 if the property has been determined to be
not fit for use under ORS 453.876 and the owner:
(1)
Allows the property to be used as if it were fit for use; or
(2)
Fails to have the property decontaminated and certified as fit for use under
ORS 453.885 within 180 days after the determination under ORS 453.876. [1989
c.915 §12; 1999 c.168 §10; 2005 c.706 §2]
453.885 Decontamination of property;
certification process. (1) The owner of property
determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912
who desires to have the property certified as fit for use may use the services
of a contractor licensed by the Oregon Health Authority to decontaminate the
property or, upon approval by the authority, the owner, or an agent of the
owner, may perform the decontamination work. The contractor, in coordination
with the owner or agent of the owner, shall prepare and submit a written work
plan for decontamination to the authority. If the work plan is approved and the
decontamination work is completed according to the plan and is properly
documented, the authority shall certify the property as having been
decontaminated in compliance with rules of the authority. Upon the completion
of the work plan, the authority shall require the licensed contractor’s affidavit
of compliance with the approved work plan.
(2)
The property owner shall notify the Director of the Department of Consumer and
Business Services of the certification. No person who is not licensed by the
authority under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise to
undertake or perform the work necessary to decontaminate property determined to
be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912.
(3)
Upon receipt of the certificate and a request by the property owner to remove
the property from the list, the Director of the Department of Consumer and
Business Services shall cause the property to be removed from the list. [1989
c.915 §11; 1999 c.861 §3; 2009 c.595 §928]
453.886 Notice by county or local
government required before incurring costs; owner’s or lienholder’s proposal
for decontamination and certification; injunction to prevent use of property;
priority for liens for costs incurred. (1) Before
incurring costs to decontaminate a property that is a nuisance described in ORS
105.555 (1)(c) or to have the property certified as fit for use under ORS
453.885, a county or other local government shall give notice to each owner of
record for the property and to each person that has a mortgage, trust deed or
other lien on the property recorded in the county deed records. A notice given
by the county or local government to an owner or lienholder shall allow the
owner or lienholder not less than 60 days to respond.
(2)
An owner or lienholder making a timely response to a notice given under
subsection (1) of this section may propose a course of action by the owner or
lienholder to decontaminate and obtain certification of the property within a
reasonable time. If the owner or lienholder proposes a course of action that may
be reasonably expected to achieve the decontamination and certification of the
property, except as provided in this subsection the county or other local
government shall suspend other efforts to decontaminate or obtain certification
of the property. This subsection does not prevent the county or local
government from securing the property by obtaining an injunction against use of
the property.
(3)
If more than one owner or lienholder proposes a reasonable course of action for
a property, the county or other local government may require that the owners
and lienholders proposing courses of action work together to decontaminate and
obtain certification of the property. The county or local government may
require an owner or lienholder to periodically report to the county or local
government regarding efforts to carry out a course of action. The county or
local government may resume efforts to decontaminate and obtain certification
of a property if the county or local government determines, after opportunity
for a hearing, that an owner or lienholder has failed to diligently pursue the
course of action proposed by the owner or lienholder and to complete the course
of action within a reasonable time.
(4)
A lien under ORS 105.585 (2) for costs incurred by the county or local
government in decontaminating and obtaining certification of the property is
superior to, has priority over and shall be fully satisfied before all other
liens, judgments, mortgages, security interests or encumbrances on the property
other than tax liens, regardless of the date of creating, filing or recording
of the lien, judgment, mortgage, security interest or encumbrance, if the
county or other local government incurs the cost after giving notice to owners
and lienholders under subsection (1) of this section and:
(a)
No owner or lienholder provided a response on or before the 60th day after the
giving of the notice; or
(b)
An owner or lienholder for the property timely responded to the notice with a
proposed course of action for decontaminating and obtaining certification of
the property, but failed to complete the course of action within:
(A)
Eight months after the notice date; or
(B)
A date more than eight months after the notice date that was agreed to by the
county or local government that gave the notice and the owner or lienholder
that timely responded to the notice. [2007 c.673 §1]
Note:
453.886 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 453 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
453.888 License required to perform
decontamination; procedure; grounds for denial, revocation or suspension of
license; civil penalty; rules. (1) The
Oregon Health Authority by rule shall establish performance standards for
contractors under ORS 105.555, 431.175 and 453.855 to 453.912.
(2)
The authority shall train and test, or may approve courses to train and test,
contractors’ personnel on the essential elements in assessing premises used as
an illegal drug manufacturing site to determine hazard reduction measures
needed, techniques for adequately reducing contaminants, use of personal
protective equipment and relevant federal regulations and state rules.
(3)
Upon the contractor’s supervisory personnel’s successful completion of the
training and testing and the contractor having complied with the rules of the
authority and having paid the required fee, the contractor shall be licensed.
Licenses are renewable biennially, as determined by rule of the authority, upon
supervisory personnel’s successful completion of any required refresher course.
(4)
The authority may deny, suspend or revoke the license of any contractor
pursuant to ORS chapter 183 for:
(a)
Failing to:
(A)
Perform decontamination work under the supervision of trained personnel;
(B)
File a work plan;
(C)
Perform work pursuant to the plan;
(D)
Pay a civil penalty imposed under ORS 105.555, 431.175 and 453.855 to 453.912;
or
(E)
Perform work that meets the requirements of ORS 453.903.
(b)
Committing fraud or misrepresentation in:
(A)
Applying for a license;
(B)
Seeking approval of a work plan; or
(C)
Documenting completion of the work to the authority.
(5)
The authority may impose a civil penalty not to exceed $500, in addition to or
in lieu of license denial, suspension or revocation, pursuant to ORS chapter
183. [1989 c.915 §13; 1991 c.67 §126; 2009 c.595 §929]
453.891 Oregon Health Authority to provide
information to licensed contractors and those planning to become licensed.
Between the dates of scheduled training for contractors under ORS 453.888, the
Oregon Health Authority shall be available to consult with licensed
contractors, as well as those planning to become licensed, on information
pertinent to illegal drug manufacturing sites, including but not limited to
chemicals found at such sites and their toxicity, new or revised
decontamination procedures, personal protective equipment and applicable
federal regulations and state rules. [1989 c.915 §19; 2009 c.595 §930]
453.894 Licensing fees; rules.
(1) The Oregon Health Authority shall establish by rule a schedule of fees for
at least the following:
(a)
Initial licenses and renewal under ORS 105.555, 431.175 and 453.855 to 453.912.
(b)
Training courses and examinations conducted by or on behalf of the authority.
(c)
Reexaminations for failing the initial examinations.
(d)
Review of work plans.
(2)
The fees established under subsection (1) of this section shall be based upon
the costs of the authority in carrying out the provisions of ORS 105.555,
431.175 and 453.855 to 453.912.
(3)
If a license renewal application and fee is not received by the authority
within 15 days after the expiration of the license, a penalty of $100 shall be
added and collected.
(4)
The fees collected under this section shall be paid into the State Treasury and
deposited in the General Fund to the credit of the Public Health Account. Such
moneys are continuously appropriated to the Oregon Health Authority to pay the
authority’s expenses in administering the provisions of ORS 105.555, 431.175
and 453.855 to 453.912.
(5)
Subject to prior approval by the Oregon Department of Administrative Services
and a report to the Emergency Board prior to adopting the fee, any fee or
change shall be within the budget authorized by the Legislative Assembly as
that budget may be modified by the Emergency Board. [1989 c.915 §14; 1991 c.703
§12; 1999 c.861 §8; 2009 c.595 §931]
453.897 Lists of licensed contractors to
be made available. The Oregon Health Authority
shall provide lists of the names of contractors licensed under ORS 105.555,
431.175 and 453.855 to 453.912 to the Director of the Department of Consumer
and Business Services who shall distribute the lists to local building code
enforcement agencies. The local agencies shall make the list available on
request and shall supply a copy to any property owner whose property is
determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to
453.912. [1989 c.915 §15; 2009 c.595 §932]
453.900 Inspection of decontamination work;
contracts to perform. The Oregon Health Authority may
contract with state or local agencies or private persons to perform any
inspection or to obtain any samples relative to determining the adequacy of
decontamination work. [1989 c.915 §16; 2009 c.595 §933]
453.903 Evaluation of decontamination
projects; civil penalty. The Oregon Health Authority
shall evaluate annually a number of the property decontamination projects
performed by licensed contractors to determine the adequacy of the
decontamination work, using the services of an independent environmental
contractor or state or local agency. If a project fails the evaluation and
inspection, the contractor is subject to a civil penalty and license suspension
that prohibits the contractor from performing additional work until
deficiencies have been corrected on the project. Civil penalties under this
section shall be imposed as provided in ORS 183.745. [1989 c.915 §18; 1991
c.734 §30; 2009 c.595 §934]
453.906 Condemnation or demolition of property;
standards; rules. The Director of the Department
of Consumer and Business Services shall adopt rules fixing uniform standards
whereby local building code enforcement agencies may require that property
determined under ORS 105.555, 431.175 and 453.855 to 453.912 to be not fit for
use may be subject to action to condemn or demolish the property or to require
the property be vacated or contents be removed from the property. [1989 c.915 §17]
453.909 Authority of counties and cities.
Counties and cities by ordinance may prohibit use or occupancy of or provide
for regulation of any property so long as such prohibition or regulation is
consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the
Oregon Health Authority. [1989 c.915 §20; 1999 c.861 §6; 2009 c.595 §935]
453.912 Governmental immunity from
liability. The state and any local government,
their officers, agents and employees shall not be liable for loss or injury
resulting from the presence of any chemical or controlled substance at a site
used to manufacture illegal drugs or from actions taken to carry out the
provisions of ORS 105.555, 431.175 and 453.855 to 453.912 except for liability
for damages resulting from gross negligence or intentional misconduct by the
state or local government. [1989 c.915 §21]
PENALTIES
453.990 Criminal penalties.
(1) Any violation of ORS 453.175 or 453.185 or any rules of the State Board of
Pharmacy thereunder is a Class C misdemeanor.
(2)
Violation of any of the provisions of ORS 453.005 to 453.135 is a Class B
misdemeanor. A second and subsequent violation of any of the provisions of ORS
453.005 to 453.135 is a Class A misdemeanor.
(3)
Violation of any provision of ORS 453.605 to 453.800 is a Class A misdemeanor.
(4)
In addition to the provisions of ORS 453.882 regarding enjoinder and abatement,
a person who knowingly uses property that has been determined to be not fit for
use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 as if it were fit
for use commits a Class B misdemeanor.
(5)
Violation of ORS 453.885 (2) is a Class B misdemeanor. [Subsection (10) enacted
as 1961 c.664 §15; 1969 c.631 §15; subsection (6) enacted as 1971 c.409 §15;
1977 c.582 §52; subsection (4) enacted as 1989 c.915 §22; 1997 c.769 §2]
453.992
[Amended by 1969 c.631 §16; 1977 c.582 §53; repealed by 1995 c.658 §127]
453.994 [1971
c.609 §27; renumbered 469.992]
453.995 Civil penalties.
(1) In addition to any other liability or penalty provided by law, the Oregon
Health Authority may impose a civil penalty on a person for violation of:
(a)
ORS 453.885; or
(b)
ORS 453.005 to 453.135 or rules adopted under ORS 453.005 to 453.135 by the
authority.
(2)
A civil penalty imposed under this section may not exceed $2,000.
(3)
ORS 183.745 applies to civil penalties imposed under this section. [1999 c.861 §7;
2005 c.496 §5; 2009 c.595 §936]
Note:
453.995 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 453 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
_______________