Chapter 466 — Hazardous
Waste and Hazardous Materials II
2011 EDITION
HAZARDOUS WASTE AND HAZARDOUS MATERIALS
II
PUBLIC HEALTH AND SAFETY
STORAGE, TREATMENT AND DISPOSAL OF
HAZARDOUS WASTE AND PCB
(General Provisions)
466.005 Definitions
for ORS 453.635 and 466.005 to 466.385
466.010 Purpose
(Administration)
466.015 Powers
and duties of department
466.020 Rules
and orders
466.025 Duties
of commission
466.030 Designation
of classes of facilities subject to certain provisions
466.035 Commission
authority to impose standards for hazardous waste or PCB at Oregon facility
466.040 Application
period for PCB or hazardous waste permit
466.045 Application
form; contents; fees; renewal application; rules
466.050 Citizen
advisory committees
466.055 Criteria
for new facility
466.060 Criteria
to be met by owner and operator before issuance of permit
466.065 Applicant
for renewal to comply with ORS 466.055 and 466.060; exceptions; permit
conditions; rules
466.067 Modification
of PCB or hazardous waste permit to allow recycling operation; fee
(Hazardous Waste)
466.068 Technical
assistance and information program for generators of hazardous waste; rules
466.069 Hazardous
Waste Technical Assistance Fund; uses; limitations
466.070 Standards
for rules
466.075 Rules
for generators of hazardous waste
466.077 Fee
for generators of hazardous waste to obtain identification number
466.080 Rules
for transportation of hazardous waste
466.086 Gaining
federal authorization; rules
466.090 Inspection
and copying of records authorized; exceptions
466.095 Hazardous
waste to be stored or treated at permitted site; exemptions
466.100 Disposal
of waste restricted; permit required
466.105 Duties
of permittee
466.107 Action
under ORS 466.105 against guarantor
466.110 Application;
form
466.115 Required
application information
466.120 Required
application information to operate site
466.125 Notice
of hearings on applications
466.130 Public
hearing in areas of proposed site required
466.135 Recommendations
by state agencies on applications; effect
466.140 Review
of applications; issuance
466.145 Review
of treatment applications; issuance
466.150 Permit
requirements
466.153 Exemption
from state or local laws for sale or deeding of land
466.155 Acquisition
by condemnation
466.160 Site
permit fees; disposition; withdrawal by permittee
466.165 Annual
fees; use
466.168 Annual
fee for used oil processor
466.170 Revocation
of permit; judicial review
466.175 Disposition
of site or facility after revocation; acquisition of site by department
466.180 Department
authority to limit storage, disposal or treatment
466.185 Investigation
upon complaint; hearings; orders
466.190 Investigation
upon motion of department; findings and orders
466.195 Monitoring
and surveillance program; inspection
466.200 Procedure
for emergencies
466.205 Liability
for improper disposal of waste; costs; lien for department expenditures
466.208 Requirement
to reimburse department for costs associated with implementing corrective
action
466.210 Actions
or proceedings to enforce compliance
466.215 Post-closure
permit for disposal site; rules; fee
466.225 Monitoring
site; access
(PCB Disposal Facilities)
466.250 Definition
of “PCB disposal facility”
466.255 Disposal
of PCB restricted; permit required for PCB disposal facility
466.260 Duties
of department
466.265 Rules
for regulation of PCB disposal
466.270 Criteria
for rules; study of disposal methods
466.275 Permit
application for PCB disposal facility
466.280 Copies
of application to be sent to affected state agencies
466.285 Notice
of hearings on application
466.290 Public
hearing in area of proposed facility required
466.295 Examination
of applications; recommendation to commission; decision as to issuance; notice
to applicant
466.300 Restrictions
on commission authority to issue permit
466.305 Investigation
of complaints; hearing; order
466.310 Monitoring,
inspection and surveillance program; access to facility and records
466.315 Procedure
for emergency
466.320 Conditions
for holding permit
466.325 Annual
fee
466.330 Acquisition
by state of real property for disposal of PCB
466.335 Consequences
of revocation
466.340 Restrictions
on treatment or disposal of PCB at facility
466.345 PCB
facility permit fee
466.350 Post-closure
permit; fee
466.355 Interstate
cooperation regarding toxics use and hazardous waste reduction programs
466.357 Requirements
for certain generators of hazardous waste
NOTICE OF ENVIRONMENTAL HAZARDS
466.360 Policy
466.365 Commission
authority to establish sites for which notice is required; rulemaking; report
to Legislative Assembly
466.370 Notice
to owner; hearing; filing of notice if no objection
466.375 Filing
of notice; content of notice
466.380 Interagency
agreement for notices for radioactive waste disposal sites
466.385 Amendment
of comprehensive plan and land use regulations; model language; appeal of land
use decision related to site requiring notice
USE OF PCB
466.505 Definitions
for ORS 466.505 to 466.530
466.510 Sale
of items containing concentrations of PCB prohibited; rules; exceptions
466.515 Electric
transformers or capacitors exempted; rules
466.520 Exemption
certificates; applications; conditions
466.525 Additional
PCB compounds may be prohibited by rule
466.530 Prohibited
disposal of waste containing PCB
SPILL RESPONSE AND CLEANUP OF HAZARDOUS
MATERIALS
466.605 Definitions
for ORS 466.605 to 466.680
466.610 Department
authority relating to cleanup of oil or hazardous material
466.615 Limit
on commission and department authority over radioactive substances
466.620 Emergency
response plan
466.625 Rulemaking
466.630 Commission
designation of substance as hazardous material
466.635 Report
of spill or release of reportable quantity of hazardous material
466.640 Strict
liability for spill or release; exceptions
466.645 Cleanup;
failure to complete cleanup
466.670 Oil
and Hazardous Material Emergency Response and Remedial Action Fund
466.675 Use
of moneys in Oil and Hazardous Material Emergency Response and Remedial Action
Fund
466.680 Responsibility
for expenses of cleanup; record; treble damages; order; appeal
OIL STORAGE TANKS
(General Provisions)
466.706 Definitions
for ORS 466.706 to 466.882 and 466.994
466.710 Application
of ORS 466.706 to 466.882 and 466.994
466.715 Legislative
findings
(Administration)
466.720 Statewide
underground storage tank program; federal authorization; rules
466.725 Limitation
on local government regulation
466.727 Prohibition
on local government tax, fee or surcharge
466.730 Delegation
of program administration to state agency or local government by agreement
466.735 Cooperation
with Department of Consumer and Business Services and State Fire Marshal
466.740 Noncomplying
installation prohibited
466.743 Training
on operation, maintenance and testing; rules
466.746 Commission
rules; considerations
(Licenses; Permits)
466.750 License
procedure for persons servicing underground tanks
466.760 When
permit required; who required to sign application
466.765 Duty
of owner or permittee of underground storage tank
466.770 Corrective
action required on contaminated site
466.775 Grounds
for refusal, modification, suspension or revocation of permit
466.780 Variance
upon petition
(Finance)
466.783 Installation
fee; permit modification fee
466.785 Annual
storage tank fee; late payment fee
466.787 Annual
service provider fee; biennial supervisor fee
466.791 Underground
Storage Tank Compliance and Corrective Action Fund; sources; uses
466.795 Underground
Storage Tank Insurance Fund
466.800 Records
as public records; exceptions
(Enforcement)
466.805 Site
inspection; subpoena or warrant
466.810 Investigation
on noncompliance; findings and orders; decommissioning tank; hearings; other
remedies
466.815 Financial
responsibility of owner or permittee; rules; legislative review
466.820 Reimbursement
to department; procedure for collection; treble damages
466.825 Strict
liability of owner or permittee
466.830 Halting
tank operation upon clear and immediate danger
466.835 Compliance
and correction costs as lien; enforcement
466.837 Noncompliance
penalties for specific underground storage tank violations; waiver of right to
appeal; advisory committee; rules
(Financial Assistance Programs)
466.840 Legislative
findings
466.845 Commission
authority to accept and expend moneys received for financial assistance
programs
(Heating Oil Tanks)
466.858 Heating
oil tank regulatory program; license to provide heating oil tank services;
certification of corrective action
466.862 License
required to provide heating oil tank services
466.868 Licensing
requirements; annual fee; registry of licensees; revocation of license
466.872 Certification
of voluntary decommissioning or approval of corrective action; fee
466.878 Required
actions when use of underground heating oil tank is terminated; requirements at
time of sale of real property containing abandoned heating oil tank
466.882 Rules
UNDERGROUND STORAGE TANKS HOLDING
AIRCRAFT OR MARINE FUEL
466.901 Definitions
for ORS 466.901 to 466.915
466.903 Financial
assistance program for fuel tanks holding aircraft or marine fuel; application;
fees
466.905 Eligibility
for financial assistance; amount of grants
466.907 Rules
466.910 Sources
of funds; disposition
466.913 Fuel
Tank Compliance and Corrective Action Fund
466.915 Memorandum
of understanding with State Marine Board or Department of Transportation
466.917 Priority
of financial assistance granted by Director of Transportation
466.920 Priority
for distribution of funds by State Marine Board
CIVIL PENALTIES
466.990 Civil
penalties generally
466.992 Civil
penalties for damage to wildlife resulting from contamination of food or water
supply
466.994 Civil
penalties for violations of underground storage tank regulations
CRIMINAL PENALTIES
466.995 Criminal
penalties
STORAGE, TREATMENT AND DISPOSAL OF
HAZARDOUS WASTE AND PCB
(General Provisions)
466.005 Definitions for ORS 453.635 and
466.005 to 466.385. As used in ORS 453.635 and
466.005 to 466.385 and 466.992, unless the context requires otherwise:
(1)
“Commission” means the Environmental Quality Commission.
(2)
“Department” means the Department of Environmental Quality.
(3)
“Director” means the Director of the Department of Environmental Quality.
(4)
“Dispose” or “disposal” means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any land or
water so that the hazardous waste or any hazardous constituent thereof may
enter the environment or be emitted into the air or discharged into any waters
of the state as defined in ORS 468B.005.
(5)
“Facility” means all contiguous land, structures, other appurtenances and
improvements on the land used for treating, storing or disposing of hazardous
waste. “Facility” may consist of one or more treatment, storage or disposal
operational units.
(6)
“Generator” means the person, who by virtue of ownership, management or
control, is responsible for causing or allowing to be caused the creation of a
hazardous waste.
(7)
“Hazardous waste” does not include radioactive material or the radioactively
contaminated containers and receptacles used in the transportation, storage,
use or application of radioactive waste, unless the material, container or
receptacle is classified as hazardous waste under paragraph (a), (b) or (c) of
this subsection on some basis other than the radioactivity of the material,
container or receptacle. Hazardous waste does include all of the following
which are not declassified by the commission under ORS 466.015 (3):
(a)
Discarded, useless or unwanted materials or residues resulting from any
substance or combination of substances intended for the purpose of defoliating
plants or for the preventing, destroying, repelling or mitigating of insects,
fungi, weeds, rodents or predatory animals, including but not limited to
defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and
rodenticides.
(b)
Residues resulting from any process of industry, manufacturing, trade or
business or government or from the development or recovery of any natural
resources, if such residues are classified as hazardous by order of the
commission, after notice and public hearing. For purposes of classification,
the commission must find that the residue, because of its quantity, concentration,
or physical, chemical or infectious characteristics may:
(A)
Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness; or
(B)
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed.
(c)
Discarded, useless or unwanted containers and receptacles used in the
transportation, storage, use or application of the substances described in
paragraphs (a) and (b) of this subsection.
(8)
“Hazardous waste disposal site” means a geographical site in which or upon
which hazardous waste is disposed.
(9)
“Hazardous waste storage site” means the geographical site upon which hazardous
waste is stored.
(10)
“Hazardous waste treatment site” means the geographical site upon which or a
facility in which hazardous waste is treated.
(11)
“Manifest” means the form used for identifying the quantity, composition, and
the origin, routing and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment
or storage.
(12)
“PCB” has the meaning given that term in ORS 466.505.
(13)
“Person” means the United States, the state or a public or private corporation,
local government unit, public agency, individual, partnership, association,
firm, trust, estate or any other legal entity.
(14)
“Store” or “storage” means the containment of hazardous waste either on a
temporary basis or for a period of years, in a manner that does not constitute
disposal of the hazardous waste.
(15)
“Transporter” means any person engaged in the transportation of hazardous waste
by any means.
(16)
“Treat” or “treatment” means any method, technique, activity or process,
including but not limited to neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as
to neutralize the waste or so as to render the waste nonhazardous, safer for
transport, amenable for recovery, amenable for storage, or reduced in volume. [Formerly
459.410; 1987 c.540 §4]
466.010 Purpose.
(1)(a) The Legislative Assembly finds that it is in the interest of public
health and safety and environment to protect Oregon citizens from the potential
harmful effects of the transportation and treatment or disposal of hazardous
waste and PCB within Oregon.
(b)
Therefore, the Legislative Assembly declares that it is the purpose of ORS
466.005 to 466.385 and 466.992 to:
(A)
Protect the public health and safety and environment of Oregon to the maximum
extent possible;
(B)
Exercise the maximum amount of control over actions within Oregon relating to
hazardous waste and PCB transportation and treatment or disposal;
(C)
Limit to the extent possible the treatment or disposal of hazardous waste and
PCB in Oregon to materials originating in the states that are parties to the
Northwest Interstate Compact on Low-Level Radioactive Waste Management under
ORS 469.930; and
(D)
Limit to the extent possible the size of any hazardous waste or PCB treatment
or disposal facility in Oregon to a size equal to the amount of waste and PCB
originating in Oregon, Washington, Idaho and Alaska of the type handled by such
a treatment or disposal facility.
(2)
The Legislative Assembly further finds and declares that in the interest of
public health and safety and to protect the environment, it is the policy of
the State of Oregon to give priority in managing hazardous waste in Oregon to
methods that reduce the quantity and toxicity of hazardous waste generated
before using methods that reuse hazardous waste, recycle hazardous waste that
cannot be reused, treat hazardous waste or dispose of hazardous waste by
landfilling. [1985 c.670 §3; 1987 c.540 §4a; 1989 c.833 §95]
(Administration)
466.015 Powers and duties of department.
The Department of Environmental Quality shall:
(1)
Provide for the administration, enforcement and implementation of ORS 466.005
to 466.385 and 466.992 and may perform all functions necessary:
(a)
To insure the proper management of hazardous waste by generators;
(b)
For the regulation of the operation and construction of hazardous waste
treatment, storage and disposal sites; and
(c)
For the permitting of hazardous waste treatment, storage and disposal sites in
consultation with the appropriate county governing body or city council.
(2)
Coordinate and supervise all functions of state and local governmental agencies
engaged in activities subject to the provisions of ORS 466.005 to 466.385 and
466.992.
(3)
After notice and public hearing pursuant to ORS chapter 183, declassify as
hazardous waste those substances described in ORS 466.005 (7) which the
Environmental Quality Commission finds, after deliberate consideration, taking
into account the public health, welfare or safety or the environment, have been
properly treated or decontaminated or contain a sufficiently low concentration
of hazardous material so that such substances are no longer hazardous. [Formerly
459.430; 1987 c.540 §5]
466.020 Rules and orders.
In accordance with applicable provisions of ORS chapter 183, the Environmental
Quality Commission shall:
(1)
Adopt rules and issue orders thereon, including but not limited to establishing
minimum requirements for the treatment, storage and disposal of hazardous
wastes, minimum requirements for operation, maintenance, monitoring, reporting
and supervision of treatment, storage or disposal sites, and requirements and
procedures for selection of such sites.
(2)
Adopt rules and issue orders thereon relating to the procedures of the
Department of Environmental Quality to hearings, filing of reports, submission
of plans and the issuance, revocation and modification of permits issued under
ORS 466.005 to 466.385 and 466.992.
(3)
Adopt rules and issue orders thereon to classify as hazardous waste those
residues defined in ORS 466.005 (7)(b).
(4)
Adopt rules and issue orders thereon relating to reporting by generators of
hazardous waste concerning type, amount and disposition of such hazardous waste
and waste minimization activities. Rules may be adopted exempting certain
classes of generators from such requirements.
(5)
Adopt rules and issue orders relating to the transportation of hazardous waste
by air or water.
(6)
Adopt rules and issue orders relating to the production, marketing,
distribution, transportation and burning of fuels containing or derived from
hazardous waste.
(7)
Adopt rules and issue orders relating to corrective action, including
corrective action within the facility or beyond the facility boundary if
necessary to protect public health or the environment, for all releases of
hazardous waste or constituents of hazardous waste occurring from locations
within the facility or originating within the facility and releasing beyond the
facility boundary, from any hazardous waste treatment, storage or disposal
facility, regardless of the time the hazardous waste was placed in the
facility.
(8)
Adopt rules and issue orders relating to the restriction or prohibition of
nonhazardous liquid waste in a hazardous waste disposal site.
(9)
Adopt rules necessary to implement the certification requirements of ORS
466.357. [Formerly 459.440; 1987 c.540 §6; 1989 c.833 §112]
466.025 Duties of commission.
In order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the
Environmental Quality Commission shall:
(1)
Limit the number of facilities disposing of or treating hazardous waste or PCB;
(2)
Establish classes of hazardous waste or PCB that may be disposed of or treated;
(3)
Designate the location of a facility designed to dispose of or treat hazardous
waste or PCB; and
(4)
Limit to the extent otherwise allowed by law, the hazardous waste or PCB
accepted for treatment or disposal at a facility first to hazardous waste or PCB
originating in Oregon, or if the capacity of the facility as established under
ORS 466.055 allows, or it is necessary for the commission to receive and
maintain state authorization of a hazardous waste regulatory program under P.L.
94-580 and P.L. 98-616, to states that are parties to the Northwest Interstate
Compact on Low-Level Radioactive Waste Management as set forth in ORS 469.930. [1985
c.670 §4]
466.030 Designation of classes of
facilities subject to certain provisions. The
Environmental Quality Commission may, by rule, designate classes of facilities
designed to treat or dispose of hazardous waste or PCB that shall be subject to
the provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and
466.260 to 466.320. [1985 c.670 §8]
466.035 Commission authority to impose
standards for hazardous waste or PCB at Oregon facility.
The Environmental Quality Commission may impose specific standards for the
range and type of hazardous waste or PCB treated or disposed of at a facility
in order to protect the public health and safety and environment of Oregon. [1985
c.670 §9]
466.040 Application period for PCB or
hazardous waste permit. Whenever the Environmental
Quality Commission finds there is a need for an additional hazardous waste or
PCB treatment or disposal facility according to the criteria established in ORS
466.055, the commission shall establish an application period during which
persons may apply for a PCB disposal facility permit according to the
provisions of ORS 466.260 to 466.285 or a hazardous waste disposal facility
permit under ORS 466.005 to 466.385 and 466.992. [1985 c.670 §10; 1987 c.540 §16]
466.045 Application form; contents; fees;
renewal application; rules. (1) Upon request, the Department
of Environmental Quality shall furnish an application form to any person
interested in developing or constructing a hazardous waste or PCB treatment or
disposal facility or a hazardous waste storage facility. Each such form shall
contain:
(a)
The name and address of the applicant.
(b)
A statement of financial condition of the applicant, including assets,
liabilities and net worth.
(c)
The experience of the applicant in construction, management, supervision or
development of hazardous waste or PCB treatment or disposal facilities and in
the handling of such substances.
(2)
The department shall also require the submission of such information relating
to the construction, development or establishment of a proposed hazardous waste
or PCB treatment or disposal site and facilities to be operated in conjunction
therewith, and such additional information, data and reports as it deems
necessary to make a decision on granting or denying a permit.
(3)
If the application is for a new permit to operate a new hazardous waste or PCB
treatment or disposal facility or a new hazardous waste storage facility, the
applicant shall pay a fee as determined under subsection (5)(a) of this section
to cover the department’s costs in investigating and processing the
application. Any portion of the fee that exceeds the department’s costs shall
be refunded to the applicant.
(4)
If the application is for the renewal of an existing permit, the applicant
shall pay a fee as determined under subsection (5)(a) of this section to cover
the department’s costs in investigating and processing the renewal application.
Under no circumstances shall the renewal fee exceed a total of $150,000. Any
portion of the fee that exceeds the department’s costs shall be refunded to the
applicant.
(5)
The Environmental Quality Commission by rule:
(a)
Shall specify chargeable elements, rates and other appropriate mechanisms and
procedures for determining the costs of new and renewal permit processing as
set forth in subsections (3) and (4) of this section.
(b)
Shall specify a cost recovery mechanism for reimbursing the costs of the
department associated with the implementation of corrective action required
under ORS 466.105.
(c)
Shall adopt a schedule of fees to defray the department’s costs incurred during
the processing of treatment, storage or disposal permit modifications.
(d)
May adopt a schedule of fees to defray the costs of the department incurred in
investigating and processing applications for hazardous waste declassifications
under ORS 466.015, hazardous waste delistings and petitions for universal waste
listings.
(6)
For fees or funding mechanisms adopted or applied under subsections (3) to (5)
of this section, the fee structure or recovery mechanism shall reflect as
accurately as possible, and be limited to, the costs of services and regulatory
activities provided by the department to the category of payers incurring fees
or the party assessed cost recovery.
(7)
For funding mechanisms adopted or applied under subsections (3) to (5) of this
section other than fee schedules adopted by the commission, the commission
shall require the department to provide to any party so assessed:
(a)
A good faith estimate of the total projected costs prior to the commencement of
the activity for which costs will be accrued;
(b)
A detailed accounting of all costs subsequently incurred; and
(c)
A description of the reasons for any discrepancy between projected and assessed
costs at the time the department becomes aware that such a discrepancy has
occurred or is likely to occur.
(8)
All fees received under this section are continuously appropriated to the
department for payment of the department costs in carrying out the activity for
which the fees were received. [1985 c.670 §11; 1987 c.540 §17; 1997 c.576 §1]
466.050 Citizen advisory committees.
(1) To aid and advise the Director of the Department of Environmental Quality
and the Environmental Quality Commission in the selection of a hazardous waste
or PCB treatment or disposal facility or the site of such facility, the
director shall establish citizen advisory committees as the director considers
necessary. The director shall determine the representation, membership, terms
and organization of the committees and shall appoint their members. The
director or a designee shall be a nonvoting member of each committee.
(2)
The advisory committees appointed under subsection (1) of this section shall
review applications during an application period established under ORS 466.040
and make recommendations on the applications to the commission. [1985 c.670 §12]
466.055 Criteria for new facility.
Before issuing a permit for a new facility designed to dispose of or treat
hazardous waste or PCB, the Environmental Quality Commission must find, on the
basis of information submitted by the applicant, the Department of
Environmental Quality or any other interested party, that the proposed facility
meets the following criteria:
(1)
The proposed facility location:
(a)
Is suitable for the type and amount of hazardous waste or PCB intended for
treatment or disposal at the facility;
(b)
Provides the maximum protection possible to the public health and safety and
environment of Oregon from release of the hazardous waste or PCB stored,
treated or disposed of at the facility; and
(c)
Is situated sufficient distance from urban growth boundaries, as defined in ORS
197.295, to protect the public health and safety, accessible by transportation
routes that minimize the threat to the public health and safety and to the
environment and sufficient distance from parks, wilderness and recreation areas
to prevent adverse impacts on the public use and enjoyment of those areas.
(2)
Subject to any applicable standards adopted under ORS 466.035, the design of
the proposed facility:
(a)
Allows for treatment or disposal of the range of hazardous waste or PCB as
required by the commission; and
(b)
Significantly adds to:
(A)
The range of hazardous waste or PCB handled at a treatment or disposal facility
currently permitted under ORS 466.005 to 466.385; or
(B)
The type of technology employed at a treatment or disposal facility currently
permitted under ORS 466.005 to 466.385.
(3)
The proposed facility uses the best available technology for treating or
disposing of hazardous waste or PCB as determined by the department or the
United States Environmental Protection Agency.
(4)
The need for the facility is demonstrated by:
(a)
Lack of adequate current treatment or disposal capacity in Oregon, Washington,
Idaho and Alaska to handle hazardous waste or PCB generated by Oregon
companies;
(b)
A finding that operation of the proposed facility would result in a higher
level of protection of the public health and safety or environment; or
(c)
Significantly lower treatment or disposal costs to Oregon companies.
(5)
The proposed hazardous waste or PCB treatment or disposal facility has no major
adverse effect on either:
(a)
Public health and safety; or
(b)
Environment of adjacent lands. [1985 c.670 §5; 1987 c.540 §18; 1989 c.833 §96]
466.060 Criteria to be met by owner and
operator before issuance of permit. (1) Before
issuing a permit for a facility designed to treat or dispose of hazardous waste
or PCB, the permit applicant must demonstrate, and the Environmental Quality
Commission must find, that the owner and operator meet the following criteria:
(a)
The owner, any parent company of the owner and the operator have adequate
financial and technical capability to properly construct and operate the
facility; and
(b)
The compliance history of the owner including any parent company of the owner
and the operator in owning and operating other similar facilities, if any,
indicates an ability and willingness to operate the proposed facility in
compliance with the provisions of ORS 466.005 to 466.385 and 466.992 or any
condition imposed on the permittee by the commission.
(2)
If requested by the permit applicant, information submitted as confidential
under subsection (1)(a) of this section shall be maintained confidential and
exempt from public disclosure to the extent provided by Oregon law. [1985 c.670
§7; 1987 c.540 §19; 1989 c.833 §97]
466.065 Applicant for renewal to comply
with ORS 466.055 and 466.060; exceptions; permit conditions; rules.
As a condition to the issuance of a renewal permit under ORS 466.005 to 466.385
and 466.992, the Environmental Quality Commission may require the applicant to
comply with all or some of the criteria set forth in ORS 466.055 and 466.060,
except that any application for a renewal permit for a treatment or disposal
facility located off the site of waste generation and operating on July 15,
1999, shall not have to comply with ORS 466.055 and 466.060 unless the
applicant proposes a different type of treatment or disposal than has been
authorized for use at any time at the facility. In issuing any renewal permit
for such a facility, the commission shall include in the permit conditions that
require all of the following:
(1)
The facility is limited to acceptance of hazardous waste or PCB for treatment
or disposal in an amount not to exceed 110 percent of the amount of hazardous
waste or PCB treated or disposed by the facility under any permit. The
Department of Environmental Quality shall approve acceptance of a greater
amount of hazardous waste or PCB for treatment or disposal as part of a permit
renewal or modification process if the applicant demonstrates that a greater
amount of hazardous waste or PCB is necessary either to protect or to provide a
higher level of protection of the public health and safety or of the
environment.
(2)
The facility complies with all applicable federal and Oregon technological
requirements for treating and disposing of hazardous waste or PCB.
(3)
The facility meets property line setback requirements established by the
commission by rule.
(4)
The facility owner, any parent company of the owner and the operator comply
with all applicable Oregon and federal requirements for financial and technical
capability to properly construct and operate the facility.
(5)
The facility owner or operator owns or contracts with an emergency response
provider or coordinator that can provide for timely response to a spill or
release in Oregon of hazardous waste or PCB being transported to the facility
by a motor vehicle owned by the owner or operator of the facility.
(6)
Any person hired by the owner or operator of the facility to transport
hazardous waste or PCB to the facility owns or has a contract with an emergency
response provider or coordinator that can provide for timely response to a
spill or release in Oregon of hazardous waste or PCB being transported by a
motor vehicle to the facility.
(7)
Upon arrival at the facility of any motor vehicle transporting hazardous waste
or PCB not described in subsection (5) or (6) of this section, the owner or
operator of the facility shall request to review the transporter’s
authorization to transport hazardous waste or PCB in Oregon and the driver’s
authorization to drive a motor vehicle transporting hazardous waste or PCB in
Oregon. The owner or operator of the facility shall report to the department
the name of any transporter or driver failing to demonstrate authorization. [1985
c.670 §6; 1987 c.540 §20; 1999 c.740 §4]
466.067 Modification of PCB or hazardous
waste permit to allow recycling operation; fee.
(1) The Department of Environmental Quality may issue a permit modification
under ORS 466.005 to 466.385 authorizing a recycling operation at a hazardous
waste or PCB treatment or disposal facility located off the site of waste
generation and operating on July 15, 1999, and shall not apply ORS 466.055 or
466.060, provided the owner or operator of the facility obtains a determination
from the department that, in accordance with the Federal Resource Conservation
and Recovery Act, P.L. 94-580, and the Hazardous and Solid Waste Amendments of
1984, P.L. 98-616 as amended, the recycling operation is legitimate and will
produce material that is exempt from the definition of solid waste.
(2)
The department shall apply the schedule of fees authorized by ORS 466.045
(5)(c) and (d) to defray the costs of processing the application for
authorization for permit modification and making the determination under
subsection (1) of this section. [1999 c.740 §3]
(Hazardous Waste)
466.068 Technical assistance and
information program for generators of hazardous waste; rules.
(1) The Department of Environmental Quality shall implement a technical
assistance and information program for generators of hazardous waste. The
program shall include but need not be limited to:
(a)
Direct, on-site assistance;
(b)
Coordination with industry trade associations;
(c)
Information clearinghouse activities;
(d)
Publications and workshops; and
(e)
Other activities related to technical assistance.
(2)
Technical assistance services provided under this section shall not result in
inspections or other enforcement actions unless there is reasonable cause to
believe there exists a clear and immediate danger to the public health and
safety or to the environment. The Environmental Quality Commission may develop
rules to carry out the intent of this subsection. [1991 c.721 §5; 2003 c.654 §5]
466.069 Hazardous Waste Technical
Assistance Fund; uses; limitations. (1) The
Hazardous Waste Technical Assistance Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned on the Hazardous
Waste Technical Assistance Fund shall be credited to the fund.
(2)
Moneys in the Hazardous Waste Technical Assistance Fund are continuously
appropriated to the Department of Environmental Quality to implement ORS
466.068.
(3)
The department may not expend more than 15 percent of the moneys in the fund to
pay for the department’s administrative and personnel costs in implementing ORS
466.068. [2003 c.654 §2]
466.070 Standards for rules.
(1) In adopting rules under ORS 466.020 regulating the disposal of hazardous
wastes, including, but not limited to, rules for the operation and maintenance
of hazardous waste disposal sites, the Environmental Quality Commission shall
provide for the highest and best practicable disposal of the hazardous wastes
in a manner that will minimize:
(a)
The possibility of a dangerous uncontrolled reaction, the release of leachate,
noxious gases or odors, fire, explosion or the discharge of the hazardous
wastes; and
(b)
The amount of land used for burial of the hazardous wastes.
(2)
The Department of Environmental Quality shall investigate and analyze in detail
the disposal methods and procedures required to be adopted by rule under ORS
466.020 and subsection (1) of this section and shall report its findings and
recommendations to the commission. [Formerly 459.442]
466.075 Rules for generators of hazardous
waste. (1) The Environmental Quality
Commission may, by rule, require generators of hazardous waste to:
(a)
Identify themselves to the Department of Environmental Quality, list the
location and general characteristics of their activity and name the hazardous
waste generated;
(b)
Keep records that accurately identify the quantities of such hazardous waste,
the constituents thereof, the disposition of such waste and waste minimization
activities;
(c)
Furnish information on the chemical composition of such hazardous waste to
persons transporting, treating, storing or disposing of such waste;
(d)
Use a department approved manifest system to assure that all such hazardous
waste generated is destined for treatment, storage or disposal in treatment,
storage or disposal facilities (other than facilities on the premises where the
waste is generated) which are operating pursuant to lawful authority;
(e)
Submit reports to the department setting out quantities of hazardous waste
generated during a given time period, the disposition of all such waste and
waste minimization activities;
(f)
Comply with specific waste management standards; and
(g)
Minimize the amount or toxicity of hazardous waste generated.
(2)
The generator of a hazardous waste shall be allowed to store a hazardous waste
produced by that generator on the premises of that generator for a term not to
exceed that set by rule without obtaining a hazardous waste storage site
permit. This shall not relieve any generator from complying with any other rule
or standard regarding storage of hazardous waste.
(3)
The commission by rule may exempt certain classes or types of hazardous waste
generators from part or all of the requirements upon generators adopted by the
commission. Such an exemption can only be made if the commission finds that,
because of the quantity, concentration, methods of handling or use of a
hazardous waste, such a class or type of generator is not likely either:
(a)
To cause or significantly contribute to an increase in serious irreversible or
incapacitating reversible illness; or
(b)
To pose a substantial present or potential threat to human health or the
environment.
(4)
The commission by rule may provide for a special permit for the treatment of
hazardous waste on the premises of a generator. Such a special permit may be
established only if such treatment has no major adverse impact on:
(a)
Public health and safety; or
(b)
The environment of adjacent lands. [Formerly 459.445; 1987 c.540 §7]
466.077 Fee for generators of hazardous
waste to obtain identification number. (1)
Generators of hazardous waste who are required to obtain a United States
Environmental Protection Agency identification number from the Department of
Environmental Quality pursuant to 40 C.F.R. 262.12 shall pay to the department
a one-time processing fee of $200 at the time of submitting an application for
the identification number.
(2)
Fees paid under this section are continuously appropriated to the department to
pay the costs of implementing ORS 466.005 to 466.385. [2003 c.654 §3]
466.080 Rules for transportation of
hazardous waste. In adopting rules governing
transportation of any hazardous wastes for which a permit is required, the
Department of Transportation or the State Department of Agriculture must
consult with and consider the recommendations of the Department of
Environmental Quality prior to the adoption of any such rules. Transporters
shall be required to deliver hazardous wastes to a site named in the manifest
provided for in ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, or to
an alternative site approved by the department. [Formerly 459.450; 1993 c.422 §22]
466.085
[Formerly 459.455; repealed by 1987 c.540 §53 (466.086 enacted in lieu of
466.085)]
466.086 Gaining federal authorization;
rules. (1) The Environmental Quality
Commission and the Department of Environmental Quality are authorized to
perform or cause to be performed any act necessary to gain interim and final
authorization of a hazardous waste regulatory program under the provisions of
the Federal Resource Conservation and Recovery Act, P.L. 94-580 and the
Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal
regulations and interpretive and guidance documents issued pursuant to the
Federal Resource Conservation and Recovery Act.
(2)
The commission may adopt, amend or repeal any rule or license and the
commission or department may enter into any agreement necessary to implement
this section. [1987 c.540 §54 (enacted in lieu of 466.085)]
466.090 Inspection and copying of records
authorized; exceptions. (1) Except as provided in
subsection (2) of this section, any information filed or submitted pursuant to
ORS 466.005 to 466.385 and 466.992 shall be made available for public
inspection and copying during regular office hours of the Department of
Environmental Quality at the expense of any person requesting copies.
(2)
Unless classified by the Director of the Department of Environmental Quality as
confidential, any records, reports or information obtained under ORS 466.005 to
466.385 and 466.992 shall be available to the public. Upon a showing
satisfactory to the director by any person that records, reports or
information, or particular parts thereof, if made public, would divulge methods
or processes entitled to protection as trade secrets of such person, the
director shall classify as confidential such record, report or information, or
particular part thereof. However, such record, report or information may be
disclosed to other officers, employees or authorized representatives of the
state concerned with carrying out ORS 466.005 to 466.385 and 466.992 or when
relevant in any proceeding under ORS 466.005 to 466.385 and 466.992.
(3)
Records, reports and information obtained or used by the department or the
Environmental Quality Commission in administering the state hazardous waste
program under ORS 466.005 to 466.385 and 466.992 shall be available to the United
States Environmental Protection Agency and the federal Agency for Toxic
Substances and Disease Registry, upon request. If the records, reports or
information has been submitted to the state under a claim of confidentiality,
the state shall make that claim of confidentiality to the Environmental
Protection Agency and the Agency for Toxic Substances and Disease Registry for
the requested records, reports or information. The federal agencies shall treat
the records, reports or information that is subject to the confidentiality
claim as confidential in accordance with applicable federal law. [Formerly
459.460; 1987 c.540 §8]
466.095 Hazardous waste to be stored or
treated at permitted site; exemptions. (1) Except as
provided in ORS 466.075 (2), no person shall:
(a)
Store a hazardous waste anywhere in this state except at a permitted hazardous
waste treatment, storage or disposal site;
(b)
Establish, construct or operate a hazardous waste storage site in this state
without obtaining a hazardous waste storage site permit issued pursuant to ORS
466.005 to 466.385, 466.990 (1) and (2) and 466.992; or
(c)
Establish, construct or operate a hazardous waste treatment site in this state
without obtaining a hazardous waste treatment site permit issued under ORS 466.005
to 466.385 and 466.992.
(2)
The Environmental Quality Commission may exempt certain classes of hazardous
waste storage or treatment sites from part or all of the permitting
requirements for these sites. Such an exemption can only be made if the commission
finds that, because of the quantity, concentration or type of waste or duration
of storage, such a class of storage or treatment site is not likely to endanger
the public health, welfare or safety or the environment.
(3)
If the Director of the Department of Environmental Quality finds an emergency
condition to exist, the director may authorize the short-term storage or
treatment of a hazardous waste anywhere in the state as long as such temporary
storage or treatment shall not constitute a hazard to public health, welfare or
safety or to the environment. [Formerly 459.505; 1987 c.540 §9; 1993 c.422 §23]
466.100 Disposal of waste restricted;
permit required. (1) Except as provided in
subsection (3) of this section, no person shall dispose of any hazardous waste
anywhere in this state except at a hazardous waste disposal site permitted
pursuant to ORS 466.110 to 466.170.
(2)
No person shall establish, construct or operate a disposal site without a
permit therefor issued pursuant to ORS 466.005 to 466.385 and 466.992.
(3)
The Department of Environmental Quality may authorize disposal of specified
hazardous wastes at specified solid waste disposal sites operating under
department permit issued pursuant to ORS 459.205 to 459.385. Such authorization
may be granted only under procedures approved by the Environmental Quality
Commission, which shall include a determination by the department that such
disposal will not pose a threat to public health, welfare or safety or to the
environment. [Formerly 459.510; 1987 c.540 §21; 1993 c.560 §103]
466.105 Duties of permittee.
Each hazardous waste storage or treatment site permittee shall be required to
do the following as a condition to holding the permit:
(1)
Maintain records of any hazardous waste identified pursuant to provisions of
ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992 which is stored or
treated at the site and the manner in which such waste was stored or treated,
transported and disposed of.
(2)
Report periodically to the Department of Environmental Quality on types and
volumes of wastes received, their manner of disposition and waste minimization
activities for any hazardous waste generated on the premises.
(3)
Participate in the manifest system designed by the department.
(4)
Maintain current contingency plans to minimize damage from spillage, leakage,
explosion, fire or other accidental or intentional event.
(5)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
protect the environment and the health, safety and welfare of the people of
this state.
(6)
Assure that all personnel who are employed by the permittee are trained in
proper procedures for handling, transfer, transport, treatment and storage of
hazardous waste including, but not limited to, familiarization with all
contingency plans.
(7)
Maintain other plans and exhibits and take other actions pertaining to the site
and its operation as determined by the department to be reasonably necessary to
protect the public health, welfare or safety or the environment.
(8)
Restore, to the extent reasonably practicable, the site to its original
condition when use of the area is terminated.
(9)
Maintain a cash bond or other equivalent financial assurance in the name of the
state in an amount estimated by the department to be sufficient to cover any
costs of closing the site, including corrective actions, and monitoring it or
providing for its security after closure and to secure performance of all
permit requirements. The financial assurance shall remain available for the
duration of the permit and until the site is closed, except to the extent it is
released or modified by the department.
(10)
Provide corrective action, including corrective action within the facility or
beyond the facility boundary when determined by the department to be necessary
to protect public health, welfare, safety or the environment, for all releases
of hazardous wastes or constituents of hazardous waste, occurring from
locations within the facility or originating within the facility and releasing
beyond the facility boundary, regardless of the time the hazardous waste was
placed at the facility. The department shall provide to the permittee a written
directive for the necessary corrective action. [Formerly 459.517; 1987 c.540 §10;
1993 c.422 §24]
466.107 Action under ORS 466.105 against
guarantor. (1) If a permittee is in bankruptcy,
reorganization, or arrangement under the Federal Bankruptcy Code or if, with
reasonable diligence, jurisdiction in any state court or any federal court
cannot be obtained over a permittee likely to be solvent at the time of
judgment, any claim arising from conduct for which evidence of financial
responsibility is required under ORS 466.105 (5) and (9) may be asserted
directly against the guarantor providing the evidence of financial
responsibility. In an action under this section, the guarantor shall be
entitled to all rights and defenses that would have been available to the
permittee if the action had been brought against the permittee and that would
have been available to the guarantor if the action had been brought against the
guarantor by the permittee.
(2)
The total liability of any guarantor shall be limited to the aggregate amount the
guarantor has provided as evidence of financial responsibility to the permittee
under ORS 466.105 (5) or (9). Nothing in this section shall be construed to
limit any other state or federal statutory, constructual or common law
liability of a guarantor to a permittee including, but not limited to, the
liability of a guarantor for bad faith either in negotiating or in failing to
negotiate the settlement of any claim.
(3)
As used in this section, “guarantor” means any person other than the permittee,
who provides evidence of financial responsibility for a permittee under ORS
466.105 (5) or (9). [1987 c.540 §3]
466.110 Application; form.
(1) The Department of Environmental Quality shall furnish an application form
to anyone who wishes to operate a hazardous waste storage or treatment site.
(2)
In addition to information requested on the application form, the department
shall also require the submission of such information relating to the
construction, development or establishment of a proposed hazardous waste
storage or treatment site and facilities to be operated in conjunction
therewith and such additional information, data and reports as it deems
necessary to make a decision on granting or denying a license. [Formerly
459.535; 1987 c.540 §22]
466.115 Required application information.
Permit applications submitted to the Department of Environmental Quality for
managing, operating, constructing, developing or establishing a hazardous waste
disposal site must contain the following:
(1)
The management program for the operation of the site, including the person to
be responsible for the operation of the site and a resume of the qualifications
of the person, the proposed method of disposal, the proposed method of
pretreatment or decontamination upon the site, if any, and the proposed
emergency measures to be provided at such site.
(2)
A description of the size and type of facilities to be constructed upon the
site, including the height and type of fencing to be used, the size and
construction of structures or buildings, warning signs, notices and alarms to
be used, the type of drainage and waste treatment facilities and maximum
capacity of such facilities, the location and source of each water supply to be
used and the location and the type of fire control facilities to be provided at
such site.
(3)
A preliminary engineering sketch and flow chart showing proposed plans and
specifications for the construction and development of the site and the waste
treatment and water supply facilities, if any, to be used at such site.
(4)
The exact location and place where the applicant proposes to operate and
maintain the site, including the legal description of the lands included within
such site.
(5)
A preliminary geologist’s survey report indicating land formation, location of
water resources and direction of the flows thereof and the opinion of the
geologist relating to possible sources of contamination of such water
resources.
(6)
The names and addresses of the applicant’s current or proposed insurance
carriers, including copies of insurance policies then in effect. [Formerly
459.540; 1987 c.540 §23]
466.120 Required application information
to operate site. Applications for a permit to
operate a hazardous waste storage or treatment site shall include at a minimum:
(1)
The name and address of the applicant and the exact location of the proposed
storage or treatment site.
(2)
Estimates with respect to compositions, quantities and concentrations of any
hazardous waste identified under ORS 466.005 to 466.385, 466.990 (1) and (2)
and 466.992, and the time, frequency or rate at which such hazardous waste may
be received, stored, treated, transported or disposed.
(3)
A description of the operational plan for the site, including handling methods,
storage or treatment methods, hours and days of operation and a preliminary
engineering sketch showing layout of the site, location of water supply and
drainage facilities and traffic flow.
(4)
A description of security measures at the site including, but not limited to,
type, height and location of fencing, manner for controlling access to the
site, alarm systems and warning signs.
(5)
The name of any person who will be responsible for managing the operation of
the site and a statement of the qualifications of such persons.
(6)
The name of the liability insurance carrier who will provide coverage required
in ORS 466.105. [Formerly 459.545; 1987 c.540 §24; 1993 c.422 §25]
466.125 Notice of hearings on
applications. (1) Prior to holding hearings on a
hazardous waste disposal site permit application, the Environmental Quality
Commission shall cause notice to be given in the county or counties where the
proposed site is located in a manner reasonably calculated to notify interested
and affected persons of the permit application.
(2)
The notice shall contain information regarding the approximate location of the
site and the type and amount of materials intended for disposal at such site,
and shall fix a time and place for a public hearing. In addition, the notice
shall contain a statement that any person interested in or affected by the
proposed site shall have opportunity to testify at the hearing. [Formerly
459.550; 1987 c.540 §25]
466.130 Public hearing in areas of
proposed site required. The Environmental Quality
Commission shall conduct a public hearing in the county or counties where a
proposed hazardous waste disposal site is located and may conduct hearings at
such other places as the Department of Environmental Quality considers
suitable. At the hearing the applicant may present the application and the
public may appear or be represented in support of or in opposition to the
application. [Formerly 459.560]
466.135 Recommendations by state agencies
on applications; effect. Upon receipt of an application
for a hazardous waste disposal site permit, the Department of Environmental
Quality shall cause copies of the application to be sent to affected state
agencies, including the Oregon Health Authority, the Public Utility Commission,
the State Fish and Wildlife Commission and the Water Resources Director. Each
agency shall respond by making a recommendation as to whether the permit
application should be granted. If the Oregon Health Authority recommends
against granting the permit, the Environmental Quality Commission must refuse to
issue the permit. Recommendation from other agencies shall be considered as
evidence in determining whether to grant the permit. [Formerly 459.570; 1987
c.540 §26; 2009 c.595 §944]
466.140 Review of applications; issuance.
(1) The Department of Environmental Quality shall examine and review all
hazardous waste disposal site permit applications submitted to it and make such
investigations as it considers necessary, and make a recommendation to the
Environmental Quality Commission as to whether to issue the permit.
(2)
After reviewing the department’s recommendations under subsection (1) of this
section, the commission shall decide whether or not to issue the permit. It
shall cause notice of its decision to be given to the applicant by certified
mail at the address designated in the application. The decision of the
commission is subject to judicial review under ORS 183.480. [Formerly 459.580;
1987 c.540 §27]
466.145 Review of treatment applications;
issuance. (1) The Department of Environmental
Quality shall review and cause to be investigated all hazardous waste treatment
site permit applications submitted to it.
(2)
After reviewing and investigating the application, the department shall decide
whether or not to issue the permit. It shall cause notice of its decision to be
given to the applicant by certified mail at the address designated in the
application. The decision of the department is subject to review by the
Environmental Quality Commission under the provisions of ORS chapter 183
governing contested cases. [Formerly 459.585; 1987 c.540 §28]
466.150 Permit requirements.
Each hazardous waste disposal site permittee under ORS 466.005 to 466.385 and
466.992 shall be required to do the following as a condition to holding the
permit:
(1)
Proceed expeditiously with and complete the project in accordance with the
plans and specifications approved therefor pursuant to ORS 466.005 to 466.385
and 466.992 and the rules adopted thereunder.
(2)
Commence operation, management or supervision of the hazardous waste disposal
site on completion of the project and not to permanently discontinue such
operation, management or supervision of the site without the approval of the
Department of Environmental Quality.
(3)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
protect the environment, and the health, safety and welfare of the people of
this state.
(4)
Establish emergency procedures and safeguards necessary to prevent accidents
and reasonably foreseeable risks.
(5)
Restore, to the extent reasonably practicable, the site to its original
condition when use of the area is terminated as a site.
(6)
Maintain a cash bond or other equivalent financial assurance in the name of the
state and in an amount estimated by the department to be sufficient to cover
any costs of closing the site, including corrective actions, and monitoring it
or providing for its security after closure and to secure performance of permit
requirements. The financial assurance shall remain in effect for the duration
of the permit and until the end of the post-closure period, except as the
assurance may be released or modified by the department.
(7)
Report periodically on the volume of material received at the site, the fees
collected therefor and waste minimization activities for any hazardous waste
generated on the premises.
(8)
Maintain other plans and exhibits and take other actions pertaining to the site
and its operation as determined by the department to be reasonably necessary to
protect the public health, welfare or safety or the environment. [Formerly
459.590; 1987 c.284 §1; 1987 c.540 §11; 1999 c.740 §5]
466.153 Exemption from state or local laws
for sale or deeding of land. The requirements
of ORS chapters 92, 195 and 197 and other state and local laws for the sale or
deeding of land do not apply to:
(1)
Any portion of a hazardous waste disposal site deeded to the state as a
condition of issuance of a hazardous waste disposal site license under ORS
466.150 (1) (1985 Replacement Part) that the state deeds back to the licensee.
(2)
Any real property deeded to the state as a condition of issuance of a PCB
disposal facility license under ORS 466.320 (1) (1985 Replacement Part) that
the state deeds back to the licensee. [1987 c.284 §5 and 1987 c.540 §55]
Note:
466.153 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 466 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
466.155 Acquisition by condemnation.
The Environmental Quality Commission may acquire real property for the disposal
of hazardous wastes by instituting condemnation proceedings therefor to be
conducted in accordance with ORS chapter 35. [Formerly 459.595]
466.160 Site permit fees; disposition;
withdrawal by permittee. (1) The hazardous waste
treatment, storage or disposal site permit shall require a fee based either on
the volume of material accepted at the site or a percentage of the fee
collected, or both. The fees shall be calculated in amounts estimated to
produce over the site use period a sum sufficient to:
(a)
Secure performance of permit requirements;
(b)
Close the site;
(c)
Provide for any monitoring or security of the site after closure; and
(d)
Provide for any remedial action by the state necessary after closure to protect
the public health, welfare and safety and the environment.
(2)
The amount so paid shall be held in a separate account and when the amount paid
in by the permittee together with the earnings thereon equals the amount of the
financial assurance required under ORS 466.150 (6), the permittee shall be
allowed to withdraw the financial assurance.
(3)
If the site is closed before the fees reach an amount equal to the financial
assurance, appropriate adjustment shall be made and the reduced portion of the
financial assurance may be withdrawn. [Formerly 459.600; 1987 c.284 §3; 1987
c.540 §12]
466.165 Annual fees; use.
(1) An annual fee may be required of every generator, air or water transporter
and permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an
amount determined by the Environmental Quality Commission to be adequate, less
any federal funds budgeted therefor by legislative action, to carry on the
monitoring, inspection and surveillance program established under ORS 466.195
and to cover related administrative costs.
(2)
A generator assessed an annual fee established under subsection (1) of this
section shall pay only that part of the annual fee that exceeds the amount paid
in the previous calendar year under ORS 465.375 (3).
(3)
A generator assessed an annual fee under subsection (1) of this section shall
pay to the Department of Environmental Quality, as part of the annual fee, an
annual hazardous waste generation fee of $130 per metric ton of waste generated
during the year. Notwithstanding the amount of waste generated during the year,
the hazardous waste generation fee paid under this subsection may not exceed $32,500.
(4)
The limitation on the hazardous waste generation fee in subsection (3) of this
section does not apply to late charges assessed by the department for failure
to pay the hazardous waste generation fee by the due date.
(5)
Fees collected under this section are continuously appropriated to the
department to pay the cost of carrying on the monitoring, inspection and
surveillance program under ORS 466.195 and related administrative costs. [Formerly
459.610; 1987 c.540 §29; 1991 c.721 §3; 2003 c.654 §6; 2007 c.84 §1]
466.168 Annual fee for used oil processor.
The Environmental Quality Commission may require every used oil processor to
pay an annual fee. The fee shall be in an amount determined by the
Environmental Quality Commission to be adequate to carry out used oil processor
technical assistance, monitoring and inspections necessary to implement the
used oil management requirements adopted by the commission under ORS 459A.590
and 466.086. [1997 c.576 §4]
Note:
466.168 was added to and made a part of 466.005 to 466.385 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
466.170 Revocation of permit; judicial
review. The Environmental Quality Commission
may revoke any permit issued under ORS 466.005 to 466.385 and 466.992 after
public hearing upon a finding that the permittee has violated any provision of
ORS 466.005 to 466.385 and 466.992 or rules adopted pursuant thereto or any
material condition of the permit, subject to review under ORS chapter 183. [Formerly
459.620; 1987 c.540 §30]
466.175 Disposition of site or facility
after revocation; acquisition of site by department.
(1) If the Environmental Quality Commission revokes a permit under ORS 466.170,
the commission may:
(a)
Close an existing hazardous waste disposal site or facility; or
(b)
Direct the Department of Environmental Quality to acquire an existing facility
or site for the disposal, storage or treatment of hazardous waste according to
the provisions of subsection (2) of this section.
(2)
The department may, upon direction of the commission and upon payment of just
compensation, acquire and own an existing facility or site for use in the
disposal, storage or treatment of hazardous waste. In order to secure such a
site, the commission may modify or waive any of the requirements of ORS chapter
459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS
469.375 or 469.525, if it finds that such waiver or modification:
(a)
Is necessary to make operation of the facility or site economically feasible;
and
(b)
Will not endanger the public health and safety or the environment. [Formerly
459.635; 1987 c.540 §31; 1993 c.422 §26; 1993 c.560 §104]
466.180 Department authority to limit storage,
disposal or treatment. (1) The Department of
Environmental Quality may limit, prohibit or otherwise restrict the storage,
treatment or disposal of any hazardous waste if appropriate to protect public
health, welfare or safety or the environment or to prolong the useful life of a
hazardous waste disposal site.
(2)
The department shall monitor the origin and volume of hazardous waste received
at a hazardous waste treatment or disposal site and may curtail or reduce the
volume of the wastes that may be accepted for disposal as necessary to prolong
the useful life of the site.
(3)
The department may restrict or prohibit the disposal of nonhazardous liquid
waste in a hazardous waste disposal site. [Formerly 459.640; 1987 c.540 §13]
466.185 Investigation upon complaint;
hearings; orders. (1) The Department of
Environmental Quality shall investigate any complaint made to it by any person
that the operation of any generator, air or water transporter or hazardous
waste disposal, storage or treatment site is unsafe or that the operation is in
violation of the provisions of ORS 466.005 to 466.385 and 466.992 or the rules
adopted under ORS 466.005 to 466.385 and 466.992.
(2)
If, after making an investigation under subsection (1) of this section, the
department is satisfied that sufficient grounds exist to justify a hearing upon
the complaint, it shall give 10 days’ written notice of the time and place of
the hearing and the matters to be considered at the hearing. A copy of the
complaint shall be furnished by the department to the respondent. Both the
complainant and the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the hearing.
(3)
An administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605 shall hear the matter. Within 30 days after the
date of the hearing and after considering all evidence and testimony submitted,
the Environmental Quality Commission shall make a specific order as it considers
necessary. Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480 for judicial
review of orders in contested cases. The costs of reporting and of transcribing
the hearing for the purpose of judicial review shall be paid by the party
seeking judicial review. [Formerly 459.650; 1987 c.540 §32; 1999 c.849 §§93,94;
2003 c.75 §39]
466.190 Investigation upon motion of
department; findings and orders. (1) Whenever
the Department of Environmental Quality believes that the operation of any
hazardous waste generator, air or water transporter or disposal, storage or
treatment site is unsafe, or in violation of ORS 466.005 to 466.385 and 466.992
or not in compliance with rules or orders, the department may, upon its own
motion, investigate the operation of the site.
(2)
The department may, after it has made an investigation under subsection (1) of
this section, without notice and hearing, make such findings and orders as it
considers necessary from the results of its investigation.
(3)
The findings and orders made by the department under subsection (2) of this
section may:
(a)
Require changes in operations conducted, practices utilized and operating
procedures found to be in violation of ORS 466.005 to 466.385 and 466.992 or
the rules adopted thereunder.
(b)
Require compliance with the provisions of the permit.
(4)
The department shall deliver a certified copy of all orders issued by it under
subsection (2) of this section to the respondent or the respondent’s duly
authorized representative at the address furnished to the department in the
permit application. The order shall take effect 20 days after the date of its
issuance, unless the respondent requests a hearing on the order before the
Environmental Quality Commission before the 20-day period has expired. The
request for a hearing shall be submitted in writing and shall include the
reasons for requesting the hearing. At the conclusion of the hearing, the
commission may affirm, modify or reverse the original order.
(5)
All hearings before the commission shall be in compliance with applicable
provisions of ORS chapter 183. Judicial review of all orders entered after
hearing or where no hearing is requested shall be in accordance with the
applicable provisions of ORS chapter 183 for judicial review of contested
cases. [Formerly 459.660; 1987 c.540 §33]
466.195 Monitoring and surveillance
program; inspection. (1) The Department of
Environmental Quality shall establish and operate a monitoring, inspection and
surveillance program over all hazardous waste generators, air or water
transporters and disposal, storage and treatment sites or may contract with any
qualified public or private agency to do so.
(2)
Any person who generates, stores, treats, transports, disposes of or otherwise
handles or has handled hazardous waste, shall upon request of any officer,
employee or representative of the department, furnish information relating to
such waste and permit such person at all reasonable times to have access to and
to copy all records relating to such waste.
(3)
For the purposes of enforcing the provisions of ORS 466.005 to 466.385, any
officer, employee or representative of the department may:
(a)
Enter at reasonable times any establishment or other place where hazardous
waste is or has been generated, stored, treated, disposed of or transported
from; and
(b)
Inspect and obtain samples from any person of any such waste and samples of any
containers or labeling for such waste. [Formerly 459.670; 1987 c.540 §14]
466.200 Procedure for emergencies.
(1) Whenever, in the judgment of the Department of Environmental Quality from
the results of monitoring or surveillance of operation of any generator, air or
water transporter or hazardous waste disposal, storage or treatment site, there
is reasonable cause to believe that a clear and immediate danger to the public
health, welfare or safety or to the environment exists from the continued
operation of the site, without hearing or prior notice, the department shall
order the operation of the site halted by service of the order on the site
superintendent.
(2)
Within 24 hours after the order is served, the department must appear in the
appropriate circuit court to petition for the equitable relief required to
protect the public health, welfare or safety or the environment and may begin
proceedings to revoke the permit if grounds for revocation exist. [Formerly
459.680; 1987 c.540 §34]
466.205 Liability for improper disposal of
waste; costs; lien for department expenditures.
(1) Any person owning a facility which generates, treats, stores or disposes of
and any person having the care, custody or control of a hazardous waste or a
substance which would be a hazardous waste except for the fact that it is not discarded,
useless or unwanted, who causes or permits any disposal of such waste or
substance in violation of law or otherwise than as reasonably intended for
normal use or handling of such waste or substance, including but not limited to
accidental spills thereof, shall be liable for the damages to person or
property, public or private, caused by such disposition.
(2)
It shall be the obligation of such person to collect, remove or treat such
waste or substance immediately, subject to such direction as the Department of
Environmental Quality may give.
(3)
If such person fails to collect, remove or treat such waste or substance when
under an obligation to do so as provided by subsection (2) of this section, the
department is authorized to take such actions as are necessary to collect,
remove or treat such waste or substance.
(4)
The Director of the Department of Environmental Quality shall keep a record of
all necessary expenses incurred in carrying out any cleanup projects or
activities authorized under subsection (3) of this section, including
reasonable charges for services performed and equipment and materials utilized.
(5)
Any person who fails to collect, remove or treat such waste or substance
immediately, when under an obligation to do so as provided in subsection (2) of
this section, shall be responsible for the necessary expenses incurred by the
state in carrying out a cleanup project or activity authorized under
subsections (3) and (4) of this section.
(6)
If the amount of state-incurred expenses under subsections (3) and (4) of this
section are not paid to the department within 15 days after receipt of notice
that such expenses are due and owing, the Attorney General, at the request of
the director, shall bring an action in the name of the State of Oregon in any
court of competent jurisdiction to recover the amount specified in the final
order of the director.
(7)
All expenditures covered by this section and all penalties and damages for
which a person is liable to the state under this chapter and ORS chapter 465
shall constitute a lien upon any real and personal property owned by such
person.
(8)
The department shall file a claim of lien on real property to be charged with a
lien under subsection (7) of this section with the recording officer of each
county in which the real property is located and shall file a claim of lien on
personal property to be charged with a lien under subsection (7) of this
section with the Secretary of State. The lien shall attach and become
enforceable on the date of such filing. The lien claim shall contain:
(a)
A statement of the demand;
(b)
The name of the person against whose property the lien attaches;
(c)
A description of the property charged with the lien sufficient for
identification; and
(d)
A statement of the failure of the person to perform the cleanup or disposal,
compliance and corrective action and pay penalties and damages as required.
(9)
A lien created by this section may be foreclosed by a suit on real and personal
property in the circuit court in the manner provided by law for the foreclosure
of other liens.
(10)
Nothing in this section shall affect the right of the state to bring an action
against any person to recover all costs and damages for which the person is
liable under the provisions of this chapter. [Formerly 459.685; 1987 c.540 §15]
466.208 Requirement to reimburse
department for costs associated with implementing corrective action.
In accordance with the rules adopted by the Environmental Quality Commission
under ORS 466.045 (5), the permittee, owner or operator shall be responsible
for reimbursing the Department of Environmental Quality for the costs of the
department associated with the implementation of corrective action. [1997 c.576
§3]
466.210 Actions or proceedings to enforce
compliance. Whenever it appears to the Department
of Environmental Quality that any person is engaged or about to engage in any
acts or practices which constitute a violation of ORS 466.005 to 466.385 and
466.992 or the rules and orders adopted thereunder or of the terms of the
permit, without prior administrative hearing, the department may institute
actions or proceedings for legal or equitable remedies to enforce compliance
therewith or to restrain further violations thereof. [Formerly 459.690; 1987
c.540 §35]
466.215 Post-closure permit for disposal
site; rules; fee. (1) At the time a hazardous
waste disposal site is closed, the person permitted under ORS 466.110 to
466.170 to operate the site, must obtain a post-closure permit from the
Department of Environmental Quality.
(2)
A post-closure permit issued under this section must be maintained until the
end of the post-closure period established by the Environmental Quality
Commission by rule.
(3)
In order to obtain a post-closure permit the permittee must provide
post-closure care which shall include at least the following:
(a)
Monitoring and security of the hazardous waste disposal site; and
(b)
Any remedial action necessary to protect the environment and the public health,
welfare and safety.
(4)
The commission may by rule establish a post-closure permit application fee. [Formerly
459.695; 1987 c.540 §36]
466.225 Monitoring site; access.
(1) If the Department of Environmental Quality determines that the presence of
hazardous waste at a facility or site at which hazardous waste is or has been
stored, treated or disposed of, or that the release of hazardous waste from a
hazardous waste storage, treatment or disposal facility or site may present a
substantial hazard to human health or the environment, the department may order
the owner or operator of the facility or site to conduct any monitoring,
testing, analysis and reporting as the department considers necessary to
determine the nature and extent of the hazard.
(2)
If a facility or site is not in operation at the time a determination is made
under subsection (1) of this section and the department finds that the owner of
the facility or site could not reasonably be expected to have actual knowledge
of the presence of hazardous waste at the facility or site and of its potential
for release, the department may order the most recent previous owner or
operator of the facility or site, who could most reasonably be expected to have
such actual knowledge, to carry out the actions required in subsection (1) of
this section.
(3)
Within 30 days after the department issues an order under subsection (1) or (2)
of this section, the person to whom the order is issued shall submit to the
department a proposal for carrying out the required monitoring, testing, analysis
and reporting. The department may require the person to carry out the
monitoring, testing, analysis and reporting described in the proposal and in
any modifications to the proposal that the department considers necessary to
determine the nature and extent of the hazard.
(4)
If the department determines that an owner or operator is not able to conduct
monitoring, testing, analysis or reporting required under subsection (1) or (2)
of this section in a manner satisfactory to the department, or if the department
considers any such action carried out by an owner or operator to be
unsatisfactory, or if the owner or operator fails to comply with the order, or
if the department initially cannot determine that there is an owner or operator
able to conduct such monitoring, testing, analysis or reporting, the department
may:
(a)(A)
Conduct any monitoring, testing or analysis that the department considers
reasonable to determine the nature and extent of the hazard associated with the
facility or site; or
(B)
Authorize another state agency, local authority or person to conduct the
necessary monitoring, testing or analysis; and
(b)
Require, by order, the owner or operator to reimburse the department, state
agency, local authority or person for the costs of conducting the monitoring,
testing or analysis.
(5)
The department may not require an owner or operator to reimburse the department
for the costs of any action carried out by the department under subsection (4)
of this section if the department’s actions confirm the results of monitoring,
testing, analyses or reporting conducted by an owner or operator under
subsection (1) or (2) of this section.
(6)
Any order issued under this section shall be subject to the provisions set
forth in ORS 466.190 and 466.200.
(7)
In order to carry out the provisions of this section, the owner or operator of
the site or facility shall allow necessary access according to the requirements
of ORS 466.195 to the department or any state agency, local authority or person
conducting the monitoring, testing or analysis required under subsection (4)(a)
of this section. [1987 c.540 §2]
(PCB Disposal Facilities)
466.250 Definition of “PCB disposal
facility.” As used in ORS 466.250, 466.255 (2) and
(3) and 466.260 to 466.350, “PCB disposal facility” includes a facility for the
treatment or disposal of PCB. [1985 c.670 §13]
466.255 Disposal of PCB restricted; permit
required for PCB disposal facility. (1) No new
PCB disposal facility shall be constructed on or after January 1, 1985, without
first complying with ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and
466.260 to 466.350.
(2)
No person shall treat or dispose of any PCB anywhere in this state except at a
PCB disposal facility operating under a permit pursuant to ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(3)
No person shall establish, construct or operate a PCB disposal facility without
a permit therefor issued under ORS 466.025 to 466.065, 466.250, 466.255 (2) and
(3) and 466.260 to 466.350. [1985 c.670 §§14,43; 1987 c.540 §37]
466.260 Duties of department.
The Department of Environmental Quality shall:
(1)
Provide for the administration, enforcement and implementation of ORS 466.025
to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 and may perform
all functions necessary:
(a)
To regulate the operation and construction of a PCB disposal facility; and
(b)
For the permitting of a PCB disposal facility in consultation with the
appropriate county governing body or city council.
(2)
Coordinate and supervise all functions of state and local governmental agencies
engaged in activities subject to the provisions of ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.350. [1985 c.670 §15; 1987
c.540 §38]
466.265 Rules for regulation of PCB
disposal. In accordance with applicable
provisions of ORS chapter 183, the Environmental Quality Commission shall:
(1)
Adopt rules and issue orders, including but not limited to establishing minimum
requirements for the disposal of PCB, minimum requirements for operation,
maintenance, monitoring, reporting and supervision of disposal facilities, and
requirements and procedures for selection of such facilities.
(2)
Adopt rules and issue orders relating to the procedures of the Department of
Environmental Quality with respect to hearings, filing of reports, submission
of plans and the issuance, revocation and modification of permits issued under
ORS 466.005 to 466.385. [1985 c.670 §16; 1987 c.158 §88; 1987 c.540 §39]
466.270 Criteria for rules; study of
disposal methods. (1) In adopting rules under ORS
466.265 regulating the disposal of PCB including, but not limited to, rules for
the operation and maintenance of a PCB disposal facility, the Environmental
Quality Commission shall provide for the best practicable disposal of the PCB
in a manner that will minimize the possibility of adverse effects on the public
health and safety or environment.
(2)
The Department of Environmental Quality shall investigate and analyze in detail
the disposal methods and procedures required to be adopted by rule under
subsection (1) of this section and ORS 466.265 and shall report its findings
and recommendations to the commission. [1985 c.670 §17]
466.275 Permit application for PCB
disposal facility. Permit applications submitted to
the Department of Environmental Quality for managing, operating, constructing,
developing or establishing a PCB disposal facility must contain the following:
(1)
The management program for the operation of the facility including the person
to be responsible for the operation of the facility and a resume of the person’s
qualifications, the proposed method of disposal, the proposed method of
pretreatment or decontamination of the facility, if any, and the proposed
emergency measures to be provided at the facility.
(2)
A description of the size and type of facility to be constructed, including the
height and type of fencing to be used, the size and construction of structures
or buildings, warning signs, notices and alarms to be used, the type of
drainage and waste treatment facilities and maximum capacity of such
facilities, the location and source of each water supply to be used and the
location and the type of fire control facilities to be provided at the
facility.
(3)
A preliminary engineering sketch and flow chart showing proposed plans and
specifications for the construction and development of the disposal facility
and the waste treatment and water supply facilities, if any, to be used at the
facility.
(4)
The exact location and place where the applicant proposes to operate and
maintain the PCB disposal facility, including the legal description of the
lands included within the facility.
(5)
A geologist’s survey report indicating land formation, location of water
resources and direction of the flows thereof and the geologist’s opinion
relating to the potential of contamination of water resources including but not
limited to possible sources of such contamination.
(6)
The names and addresses of the applicant’s current or proposed insurance
carriers, including copies of insurance policies then in effect. [1985 c.670 §18;
1987 c.540 §40]
466.280 Copies of application to be sent to
affected state agencies. Upon receipt of an application
for a PCB disposal facility permit, the Department of Environmental Quality
shall cause copies of the application to be sent to affected state agencies,
including the Oregon Health Authority, the Public Utility Commission, the State
Fish and Wildlife Commission and the Water Resources Director. Each agency
shall respond within the period specified by the Department of Environmental
Quality by making a written recommendation as to whether the permit application
should be granted. Recommendation from other agencies shall be considered in
determining whether to grant the permit. [1985 c.670 §19; 1987 c.540 §41; 2009
c.595 §945]
466.285 Notice of hearings on application.
(1) Prior to holding hearings on a PCB disposal facility permit application,
the Environmental Quality Commission shall cause notice to be given in the
county or counties where the proposed facility is to be located in a manner
reasonably calculated to notify interested and affected persons of the permit
application.
(2)
The notice shall contain information regarding the approximate location of the
facility and the type and amount of PCB intended for disposal at the facility,
and shall fix a time and place for a public hearing. In addition, the notice
shall contain a statement that any person interested in or affected by the
proposed PCB disposal facility shall have opportunity to testify at the
hearing. [1985 c.670 §20; 1987 c.540 §42]
466.290 Public hearing in area of proposed
facility required. The Environmental Quality
Commission shall conduct a public hearing in the county or counties where a
proposed PCB disposal facility is located and may conduct hearings at other
places as the Department of Environmental Quality considers suitable. At the
hearing the applicant may present the application and the public may appear or
be represented in support of or in opposition to the application. [1985 c.670 §21]
466.295 Examination of applications;
recommendation to commission; decision as to issuance; notice to applicant.
(1) At the close of the application period under ORS 466.040, the Department of
Environmental Quality shall examine and review all PCB disposal facility permit
applications submitted to the Environmental Quality Commission and make such
investigations as the department considers necessary, and make a recommendation
to the commission as to whether to issue the permit.
(2)
After reviewing the department’s recommendations under subsection (1) of this
section, the commission shall decide whether or not to issue the permit. It
shall cause notice of its decision to be given to the applicant by certified
mail at the address designated in the application. The decision of the
commission is subject to judicial review under ORS 183.480. [1985 c.670 §22;
1987 c.540 §43]
466.300 Restrictions on commission
authority to issue permit. The Environmental Quality
Commission may not issue a permit under ORS 466.295 for any facility designed
to dispose of PCB by incineration unless:
(1)
The facility is also equipped to incinerate hazardous waste; and
(2)
The applicant has received all federal and state licenses and permits required
to operate a hazardous waste incinerator. [1985 c.670 §23; 1987 c.540 §44]
466.305 Investigation of complaints;
hearing; order.(1) The Department of
Environmental Quality shall investigate any complaint made to it by any person
that the operation of any PCB disposal facility is unsafe or that the operation
is in violation of a condition of the operator’s permit or any provisions of
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or
the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3)
and 466.260 to 466.350. Upon receiving a complaint, the department shall
furnish a copy of the complaint to the person holding the permit to operate the
PCB disposal facility.
(2)
If, after making an investigation under subsection (1) of this section, the
department is satisfied that sufficient grounds exist to justify a hearing upon
the complaint, it shall give 10 days’ written notice of the time and place of
the hearing and the matters to be considered at the hearing. Both the
complainant and the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the hearing.
(3)
An administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605 shall hear the matter. Within 30 days after the
date of the hearing and after considering all evidence and testimony submitted,
the Environmental Quality Commission shall make a specific order as it
considers necessary. Any order issued by the commission under this subsection
shall be subject to judicial review in the manner provided by ORS 183.480 for
judicial review of orders in contested cases. The costs of reporting and of
transcribing the hearing for the purpose of judicial review shall be paid by
the party seeking judicial review. [1985 c.670 §24; 1987 c.540 §45; 1999 c.849 §§96,97;
2003 c.75 §40]
466.310 Monitoring, inspection and
surveillance program; access to facility and records.
The Department of Environmental Quality shall establish and operate a
monitoring, inspection and surveillance program over all PCB disposal
facilities or may contract with any qualified public or private agency other
than the owner or permittee to do so. Owners and operators of a PCB disposal
facility must allow necessary access to the PCB disposal facility and to its
records, including those required by other public agencies, for the monitoring,
inspection and surveillance program to operate. [1985 c.670 §25; 1987 c.540 §46]
466.315 Procedure for emergency.
(1) Whenever, in the judgment of the Department of Environmental Quality, there
is reasonable cause to believe that a clear and immediate danger to the public
health or safety or to the environment exists from the continued operation of
the facility, without hearing or prior notice, the department shall order the
operation of the facility halted by service of the order on the facility
operator or an agent of the operator.
(2)
Within 24 hours after the order is served, the department must appear in the
appropriate circuit court to petition for the equitable relief required to
protect the public health or safety or the environment and may begin
proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 §26;
1987 c.540 §47]
466.320 Conditions for holding permit.
Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,
466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the
following as a condition to holding the permit:
(1)
Proceed expeditiously with and complete the project in accordance with the
plans and specifications approved and the rules adopted under ORS 466.025 to
466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(2)
Commence operation, management or supervision of the PCB disposal facility on
completion of the project and not to permanently discontinue the operation,
management or supervision of the facility without the approval of the
Department of Environmental Quality.
(3)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
compensate for damage to the public health and safety and environment.
(4)
Establish emergency procedures and safeguards necessary to prevent accidents
and reasonably foreseeable risks.
(5)
Restore, to the extent reasonably practicable, the area of the facility to its
original condition when use of the area is terminated as a facility.
(6)
Maintain a cash bond or other equivalent financial assurance in the name of the
state and in an amount estimated by the department to be sufficient to cover
any costs of closing the facility and monitoring it or providing for its
security after closure, to secure performance of permit requirements and to
provide for any remedial action by the state necessary to protect the public
health and safety and the environment following facility closure. The financial
assurance shall remain on deposit for the duration of the permit and until the
end of the post-closure period, except as the assurance may be released or
modified by the department.
(7)
Report periodically to the department on the volume and types of PCB received
at the facility, their manner of disposition and the fees collected therefor.
(8)
Maintain other plans and exhibits pertaining to the facility and its operation
as determined by the department to be reasonably necessary to protect the
public health or safety or the environment.
(9)
Maintain records of any PCB identified under provisions of ORS 466.025 to
466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 which is stored,
treated or disposed of at the facility and the manner in which the PCB was
stored, treated, transported or disposed of. The records shall be retained for
the period of time determined by the Environmental Quality Commission.
(10)
Assure that all personnel who are employed by the permittee are trained in
proper procedures for handling, transfer, transport, treatment, disposal and
storage of PCB including but not limited to familiarization with all
contingency plans.
(11)
If disposal is by incineration, the facility must also incinerate a reasonable
ratio of hazardous waste. [1985 c.670 §27; 1987 c.284 §2; 1987 c.540 §48]
466.325 Annual fee.
An annual fee may be required of every PCB disposal facility permittee under
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
The fee shall be in an amount determined by the Environmental Quality
Commission to be adequate to carry on the monitoring, inspection and
surveillance program established under ORS 466.310 and to cover related
administrative costs. All such fees are continuously appropriated to the
Department of Environmental Quality to pay the cost of the program under ORS
466.310. [1985 c.670 §28; 1987 c.540 §49]
466.330 Acquisition by state of real property
for disposal of PCB. The Environmental Quality
Commission may acquire real property for the disposal of PCB by instituting
condemnation proceedings therefor to be conducted in accordance with ORS
chapter 35. [1985 c.670 §29]
466.335 Consequences of revocation.
(1) If the Environmental Quality Commission revokes a PCB disposal facility
permit under ORS 466.170, the commission may:
(a)
Close the existing PCB disposal site or facility; or
(b)
Direct the Department of Environmental Quality to acquire an existing facility
or site for the disposal or treatment of PCB according to the provisions of
subsection (2) of this section.
(2)
The department may, upon direction from the commission and after payment of
just compensation, acquire and own an existing facility for use in the disposal
of PCB. In order to secure such a facility, the commission may modify or waive
any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385, 466.990
(1) and (2) and 466.992, but not ORS 469.375 or 469.525, if the commission
finds that waiver or modification:
(a)
Is necessary to make operation of the facility economically feasible; and
(b)
Will not endanger the public health and safety or the environment. [1985 c.670 §30;
1987 c.540 §50; 1993 c.422 §27; 1993 c.560 §105]
466.340 Restrictions on treatment or disposal
of PCB at facility. (1) The Department of
Environmental Quality may limit, prohibit or otherwise restrict the treatment
or disposal of PCB at a disposal facility if appropriate to protect public
health and safety or the environment.
(2)
The department shall monitor the origin and volume of PCB received at a
disposal facility acquired and regulated under ORS 466.335, and may curtail or
reduce the volume of the PCB that may be accepted for disposal as necessary to:
(a)
Protect public health and safety or the environment; or
(b)
Assure that the operation of the facility is economically feasible.
(3)
The department shall not accept any PCB at a disposal facility owned by the
state from a state that is not a party to the Northwest Interstate Compact on
Low-Level Radioactive Waste Management as set forth in ORS 469.930. [1985 c.670
§31]
466.345 PCB facility permit fee.
(1) The PCB disposal facility permit shall require a fee based either on the
volume of PCB accepted at the facility or a percentage of the fee collected, or
both. The fees shall be calculated in amounts estimated to produce over the
facility use period a sum sufficient to:
(a)
Secure performance of permit requirements;
(b)
Close the facility;
(c)
Provide for any monitoring or security of the facility after closure; and
(d)
Provide for any remedial action by the state necessary after closure to protect
the public health and safety and the environment.
(2)
The amount so paid shall be held in a separate account and when the amount paid
in by the permittee together with the earnings thereon equals the amount of the
financial assurance required under ORS 466.320, the permittee shall be allowed
to withdraw the financial assurance.
(3)
If the facility is closed before the fees reach an amount equal to the
financial assurance, appropriate adjustment shall be made and the reduced
portion of the financial assurance may be withdrawn. [1985 c.670 §32; 1987
c.284 §4; 1987 c.540 §51]
466.350 Post-closure permit; fee.
(1) At the time a PCB disposal facility is closed, the person permitted under
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to
operate the facility must obtain a post-closure permit from the Department of
Environmental Quality.
(2)
A post-closure permit issued under this section must be maintained until the
end of the post-closure period established by the Environmental Quality
Commission by rule.
(3)
In order to obtain a post-closure permit the permittee must provide
post-closure care which shall include at least the following:
(a)
Monitoring and security of the PCB disposal facility; and
(b)
Any remedial action necessary to protect the public health and safety and
environment.
(4)
The commission may by rule establish a post-closure permit application fee. [1985
c.670 §33; 1987 c.540 §52]
466.355 Interstate cooperation regarding
toxics use and hazardous waste reduction programs.
(1) The Department of Environmental Quality shall work with representatives of
the States of Washington, Idaho and Alaska to establish provisions in each
state to assure that any generator disposing of hazardous waste or PCB at an
Oregon hazardous waste or PCB disposal facility has implemented a toxics use
reduction and hazardous waste reduction program substantially equivalent to any
toxics use reduction and hazardous waste reduction program required of Oregon
generators.
(2)
The department shall report to the appropriate legislative interim committee on
the department’s progress in carrying out the purpose of subsection (1) of this
section. [1989 c.833 §100]
466.357 Requirements for certain generators
of hazardous waste. Any person operating a hazardous
waste or PCB disposal facility pursuant to a permit issued under ORS 466.005 to
466.385 shall not accept hazardous waste or PCB from an Oregon generator unless
the generator first certifies that the generator has implemented a toxics use
reduction and hazardous waste reduction program as required under Oregon law,
or with respect to an out-of-state generator, the generator has certified
compliance with the waste minimization requirements of section 224(a) of the
Hazardous and Solid Waste Amendments of 1984, P.L. 98-616. [1989 c.833 §99]
NOTICE OF ENVIRONMENTAL HAZARDS
466.360 Policy.
(1) The Legislative Assembly finds that:
(a)
Disposal sites exist on certain lots or parcels of real property within Oregon
that may restrict future land development or constitute a potential hazard to
the health, safety and welfare of Oregon’s citizens, particularly if present or
future owners use or modify the parcels without taking into consideration the
use restrictions or environmental hazards posed by the former disposal
activity.
(b)
Permits, licenses and approvals that have been or may be granted by the
Environmental Quality Commission, the Department of Environmental Quality or
the Energy Facility Siting Council authorizing disposal of waste upon real
property protect the health, safety and welfare of Oregon citizens only if
adequate notice of post-closure use restrictions is given to future purchasers
of the real property.
(c)
Disposal sites created prior to regulation may be potentially hazardous if use
restrictions are not imposed.
(d)
Proper precautions and maintenance cannot be taken and continued unless the
location of the disposal site, the nature and extent of its potential hazard
and use restrictions are known to cities and counties and those who own and
occupy the property.
(2)
It is hereby declared to be the public policy of this state to give notice to
local governments of potential hazardous disposal sites and to impose use
restrictions on those sites. [1985 c.273 §2]
466.365 Commission authority to establish
sites for which notice is required; rulemaking; report to Legislative Assembly.
(1) The Environmental Quality Commission may establish by rule adopted under
ORS chapter 183:
(a)
A list of sites for which environmental hazard notices must be given and use
restrictions must be imposed. The list shall be consistent with the policy set
forth in ORS 466.360 and may include any of the following sites that contain
potential hazards to the health, safety and welfare of Oregon’s citizens:
(A)
A land disposal site as defined by ORS 459.005;
(B)
A hazardous waste disposal site as defined by ORS 466.005;
(C)
A disposal site containing radioactive waste as defined by ORS 469.300; and
(D)
A facility.
(b)
The form and content of use restrictions to be imposed on the sites, which
shall require at least that post-closure use of the site not disturb the
integrity of the final cover, liners or any other components of any containment
system or the function of the facility’s monitoring systems, unless the Department
of Environmental Quality finds that the disturbance:
(A)
Will not increase the potential hazard to human health or the environment; or
(B)
Is necessary to reduce a threat to human health or the environment.
(c)
The form and content of the environmental hazard notices to be filed with
cities and counties.
(d)
The circumstances allowing and procedures for removal or amendment of
environmental hazard notices and use restrictions provided by the department.
(e)
Any other provisions the commission considers necessary for the department to
accomplish the purpose of ORS 466.360 to 466.385.
(2)
Spills and releases cleaned up pursuant to ORS 466.205 and 468B.315 shall not
be listed as sites to be regulated under subsection (1) of this section.
(3)
Before hearings on and adoption of rules under subsection (1) of this section,
the department shall notify each person who owns a disposal site or an owner or
operator of a facility of the rulemaking proceedings.
(4)
The department shall report to each Legislative Assembly on any site or
facility for which environmental hazard notices and use restrictions have been
amended or removed as provided by rule adopted under subsection (1)(d) of this
section.
(5)
The commission shall not list a site, spill or release under subsection (1) of
this section, if the commission finds that within 90 days of receipt of notice
under subsection (3) of this section, the owner cleaned up the site, spill or
release so it is no longer a potential hazard to the health, safety and welfare
of Oregon’s citizens.
(6)
As used in this section, “facility” has the meaning given in ORS 465.200. [1985
c.273 §3; 1987 c.735 §25; 1991 c.480 §10]
466.370 Notice to owner; hearing; filing of
notice if no objection. (1) The Department of Environmental
Quality shall notify by certified mail any person who owns a lot or parcel upon
which a disposal site listed under ORS 466.365 exists. The notice shall:
(a)
Describe the disposal site and potentially hazardous environmental conditions;
(b)
Describe the use restrictions that will be imposed;
(c)
Explain that an environmental hazard notice will be sent to the appropriate
city or county under ORS 466.375; and
(d)
Advise the person of the procedure for requesting a hearing under subsection
(2) of this section.
(2)
If any person receiving notice under subsection (1) of this section objects to
the use restrictions, the person may request a hearing before the Environmental
Quality Commission. The request shall be in writing and must be submitted to
the department within 20 days after the person receives the notice under
subsection (1) of this section. The hearing shall be conducted according to the
provisions for a contested case hearing in ORS 183.413 to 183.497.
(3)
If no hearing is requested within 20 days after receipt of the notice, the
department shall file the environmental hazard notice with the appropriate city
or county. [1985 c.273 §4]
466.375 Filing of notice; content of
notice. The Department of Environmental Quality
shall file an environmental hazard notice with the city or county in which a
site listed under ORS 466.365 (1) is located. The notice shall contain the
following information:
(1)
A description of the lot or parcel upon which the disposal site is located;
(2)
The restrictions that apply to post-closure use of the property; and
(3)
Information regarding the potential environment hazards posed by the disposal
site to assist the city or county in complying with ORS 466.385. [1985 c.273 §5]
466.380 Interagency agreement for notices
for radioactive waste disposal sites. The
Department of Environmental Quality and the State Department of Energy shall
enter into an interagency agreement providing for the implementation of the
provisions of ORS 466.360 to 466.385 relating to radioactive waste disposal
sites. [1985 c.273 §6]
466.385 Amendment of comprehensive plan
and land use regulations; model language; appeal of land use decision related
to site requiring notice. (1) By the first periodic review
after development of model language under subsection (2) of this section, the
governing body of a city or county shall amend its comprehensive plan and land
use regulations as provided in ORS 197.610 to 197.651 to establish and
implement policies regarding potentially hazardous environmental conditions on
sites listed under ORS 466.365. The land use regulations shall provide that:
(a)
The city or county shall not approve any proposed use of a disposal site for
which the city or county has received notice under ORS 466.370 until the
Department of Environmental Quality has been notified and provided the city or
county with comments on the proposed use; and
(b)
Within 120 days of receipt of an environmental hazard notice from the
Department of Environmental Quality, the city or county shall amend its zoning
maps to identify the disposal site.
(2)
The Department of Environmental Quality and the Department of Land Conservation
and Development shall:
(a)
Develop model language for comprehensive plans and land use regulations for use
by cities and counties in complying with this section; and
(b)
Provide technical assistance to cities and counties in complying with ORS
466.360 to 466.385.
(3)
The Department of Environmental Quality may appeal to the Land Use Board of
Appeals any final land use decision or limited land use decision made by a city
or county regarding any proposed use of a disposal site that has been
identified under its comprehensive plan and land use regulations pursuant to
this section. [1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30; 2001 c.672 §12]
466.450
[1987 c.86 §1; repealed by 1997 c.16 §3]
466.455
[1987 c.86 §2; repealed by 1997 c.16 §3]
466.460
[1987 c.86 §3; repealed by 1997 c.16 §3]
USE OF PCB
466.505 Definitions for ORS 466.505 to
466.530. As used in ORS 466.505 to 466.530:
(1)
“PCB” means the class of chlorinated biphenyl, terphenyl, higher polyphenyl, or
mixtures of these compounds, produced by replacing two or more hydrogen atoms
on the biphenyl, terphenyl, or higher polyphenyl molecule with chlorine atoms. “PCB”
does not include chlorinated biphenyls, terphenyls, higher polyphenyls, or
mixtures of these compounds, that have functional groups attached other than
chlorine unless that functional group on the chlorinated biphenyls, terphenyls,
higher polyphenyls, or mixtures thereof of these compounds, is determined to be
dangerous to the public health under ORS 466.525.
(2)
“Ppm” means parts per million. [Formerly 468.900]
466.510 Sale of items containing
concentrations of PCB prohibited; rules; exceptions.
(1) Except as provided in ORS 466.515, a person shall not sell, manufacture for
sale, or use in this state an item, product or material if the item, product or
material contains a concentration of PCB equal to or greater than 100 ppm.
(2)
The commission by rule may prescribe a lower maximum concentration of PCB for
specific items, products or materials if it finds the 100 ppm concentration
specified in subsection (1) of this section to be inadequate to protect the
public health from the toxic dangers of the PCB contained in that item, product
or material. However, an item, product or material for which a lower maximum
concentration of PCB is prescribed by federal law, rule or regulation shall not
be allowed a concentration of PCB higher than that federal maximum. [Formerly
468.903; 2007 c.71 §147]
466.515 Electric transformers or capacitors
exempted; rules. Notwithstanding ORS 466.510:
(1)
PCB or an item, product or material containing PCB may be sold for use or used
in this state if it is used in a closed system as a dielectric fluid for an
electric transformer or capacitor pursuant to rules of the commission to insure
the public health. However, upon adequate documentation of the availability of
reasonable substitutes which meet performance standards and environmental
acceptability, the commission after public hearing by rule may modify these
exclusions in whole or in part by requiring the phasing in of the substitute or
substitutes.
(2)
An item, product or material containing PCB may be manufactured for sale, sold
for use or used in this state pursuant to an exemption certificate issued by
the department under ORS 466.520. [Formerly 468.906]
466.520 Exemption certificates;
applications; conditions. (1) A person may make written
application to the department for an exemption certificate on forms provided by
the department. The department may require additional information or materials
to accompany the application as it considers necessary for an accurate
evaluation of the application.
(2)
The department shall grant an exemption for residual amounts of PCB remaining
in electric transformer cores after the PCB in a transformer is drained and the
transformer is filled with a substitute approved under ORS 466.515.
(3)
The department may grant an exemption for an item, product or material
manufactured for sale, sold for use, or used by the person if the item, product
or material contains incidental concentrations of PCB.
(4)
In granting a certificate of exemption, the department shall impose conditions
on the exemption in order that the exemption covers only incidental
concentrations of PCB.
(5)
As used in this section, “incidental concentrations of PCB” means
concentrations of PCB which are beyond the control of the person and which are
not the result of the person having:
(a)
Exposed the item, product or material to concentrations of PCB.
(b)
Failed to take reasonable measures to rid the item, product or material of
concentrations of PCB.
(c)
Failed to use a reasonable substitute for the item, product or material for
which the exemption is sought. [Formerly 468.909]
466.525 Additional PCB compounds may be
prohibited by rule. The commission after hearing by
rule may include as a PCB and regulate accordingly any chlorinated biphenyls,
terphenyls, higher polyphenyls, or mixtures of these compounds that have
functional groups attached other than chlorine if that functional group on the
chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these
compounds is found to constitute a danger to public health. [Formerly 468.912]
466.530 Prohibited disposal of waste
containing PCB. After October 4, 1977, a person
shall not dispose of solid or liquid waste resulting from the use of PCB or an
item, product or material containing or which has contained a concentration
equal to or greater than 100 ppm of PCB except in conformity with rules of the
commission adopted pursuant to ORS 466.005 to 466.385 and 466.992. [Formerly
468.921]
466.540
[1987 c.539 §52; 1987 c.735 §1; 1989 c.171 §60; renumbered 465.200 in 1989]
466.547
[1987 c.735 §2; renumbered 465.205 in 1989]
466.550
[1987 c.735 §3; renumbered 465.210 in 1989]
466.553
[1987 c.735 §4; renumbered 465.400 in 1989]
466.555
[1987 c.735 §5; renumbered 465.420 in 1989]
466.557
[1987 c.735 §6; 1989 c.485 §1; renumbered 465.215 in 1989]
466.560
[1987 c.735 §7; 1989 c.485 §9; renumbered 465.220 in 1989]
466.563
[1987 c.735 §8; 1989 c.485 §10; renumbered 465.245 in 1989]
466.565
[1987 c.735 §9; renumbered 465.250 in 1989]
466.567
[1987 c.735 §10; renumbered 465.255 in 1989]
466.570
[1987 c.735 §11; renumbered 465.260 in 1989]
466.573
[1987 c.735 §12; renumbered 465.315 in 1989]
466.575
[1987 c.735 §13; renumbered 465.320 in 1989]
466.577
[1987 c.735 §14; renumbered 465.325 in 1989]
466.580
[1987 c.735 §15; renumbered 465.330 in 1989]
466.583
[1987 c.735 §16; renumbered 465.335 in 1989]
466.585
[1987 c.735 §17; renumbered 465.340 in 1989]
466.587
[1987 c.735 §18; 1989 c.485 §11; renumbered 465.375 in 1989]
466.590
[1987 c.735 §19; 1989 c.833 §§113,169; 1989 c.966 §53; renumbered 465.380 in
1989]
SPILL RESPONSE AND CLEANUP
OF HAZARDOUS MATERIALS
466.605 Definitions for ORS 466.605 to
466.680. As used in ORS 466.605 to 466.680 and
466.990 (3) and (4):
(1)
“Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit.
(2)
“Cleanup” means the containment, collection, removal, treatment or disposal of
oil or hazardous material; site restoration; and any investigations,
monitoring, surveys, testing and other information gathering required or
conducted by the Department of Environmental Quality.
(3)
“Cleanup costs” means all costs associated with the cleanup of a spill or
release incurred by the state, its political subdivision or any person with
written approval from the department when implementing ORS 466.205, 466.605 to
466.680, 466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4)
“Commission” means the Environmental Quality Commission.
(5)
“Department” means the Department of Environmental Quality.
(6)
“Director” means the Director of the Department of Environmental Quality.
(7)
“Hazardous material” means one of the following:
(a)
A material designated by the commission under ORS 466.630.
(b)
Hazardous waste as defined in ORS 466.005.
(c)
Radioactive waste as defined in ORS 469.300, radioactive material identified by
the Energy Facility Siting Council under ORS 469.605 and radioactive substances
as defined in ORS 453.005.
(d)
Communicable disease agents as regulated by the Oregon Health Authority under
ORS 431.035 to 431.530, 433.001 to 433.045 and 433.110 to 433.770.
(e)
Hazardous substances designated by the United States Environmental Protection
Agency under section 311 of the Federal Water Pollution Control Act, P.L.
92-500, as amended.
(8)
“Oils” or “oil” includes gasoline, crude oil, fuel oil, diesel oil, lubricating
oil, sludge, oil refuse and any other petroleum related product.
(9)
“Person” means an individual, trust, firm, joint stock company, corporation,
partnership, association, municipal corporation, political subdivision,
interstate body, the state and any agency or commission thereof and the federal
government and any agency thereof.
(10)
“Reportable quantity” means one of the following:
(a)
A quantity designated by the commission under ORS 466.625.
(b)
The lesser of:
(A)
The quantity designated for hazardous substances by the United States
Environmental Protection Agency pursuant to section 311 of the Federal Water
Pollution Control Act, P.L. 92-500, as amended;
(B)
The quantity designated for hazardous waste under ORS 466.005 to 466.385,
466.990 (1) and (2) and 466.992;
(C)
Any quantity of radioactive material, radioactive substance or radioactive
waste;
(D)
If spilled into waters of the state, or escape into waters of the state is
likely, any quantity of oil that would produce a visible oily slick, oily
solids, or coat aquatic life, habitat or property with oil, but excluding
normal discharges from properly operating marine engines; or
(E)
If spilled on land, any quantity of oil over one barrel.
(c)
Ten pounds unless otherwise designated by the commission under ORS 466.625.
(11)
“Respond” or “response” means:
(a)
Actions taken to monitor, assess and evaluate a spill or release or threatened
spill or release of oil or hazardous material;
(b)
First aid, rescue or medical services, and fire suppression; or
(c)
Containment or other actions appropriate to prevent, minimize or mitigate
damage to the public health, safety, welfare or the environment which may
result from a spill or release or threatened spill or release if action is not
taken.
(12)
“Spill or release” means the discharge, deposit, injection, dumping, spilling,
emitting, releasing, leaking or placing of any oil or hazardous material into
the air or into or on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454, 459, 459A, 468,
468A, 468B or 469, ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or
federal law or while being stored or used for its intended purpose.
(13)
“Threatened spill or release” means oil or hazardous material is likely to
escape or be carried into the air or into or on any land or waters of the
state. [1985 c.733 §1; 1987 c.735 §26; 1989 c.6 §14; 1993 c.422 §28; 1997 c.249
§162; 2007 c.445 §41; 2009 c.595 §946]
466.610 Department authority relating to
cleanup of oil or hazardous material. Subject to
policy direction by the Environmental Quality Commission, the Department of
Environmental Quality may:
(1)
Conduct and prepare independently or in cooperation with others, studies,
investigations, research and programs pertaining to the containment,
collection, removal or cleanup of oil and hazardous material.
(2)
Advise, consult, participate and cooperate with other agencies of the state,
political subdivisions, other states or the federal government, in respect to
any proceedings and all matters pertaining to responses, remedial actions or
cleanup of oil and hazardous material and financing of cleanup costs, including
radioactive waste, materials and substances otherwise subject to ORS chapters
453 and 469.
(3)
Employ personnel, including specialists and consultants, purchase materials and
supplies and enter into contracts with public and private parties necessary to
carry out the provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and
466.995 (2).
(4)
Conduct and supervise educational programs about oil and hazardous material,
including the preparation and distribution of information regarding the
containment, collection, removal or cleanup of oil and hazardous material.
(5)
Provide advisory technical consultation and services to units of local
government and to state agencies.
(6)
Develop and conduct demonstration programs in cooperation with units of local
government.
(7)
Perform all other acts necessary to carry out the duties, powers and
responsibilities of the department under ORS 466.605 to 466.680, 466.990 (3)
and (4) and 466.995 (2). [1985 c.733 §2; 1993 c.422 §29; 1999 c.849 §§99,100;
2003 c.75 §41]
466.615 Limit on commission and department
authority over radioactive substances. Nothing in
ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) is intended to
grant the Environmental Quality Commission or the Department of Environmental
Quality authority over any radioactive substance regulated by the Oregon Health
Authority under ORS chapter 453, or any radioactive material or waste regulated
by the State Department of Energy or Energy Facility Siting Council under ORS
chapter 469. [1985 c.733 §3; 1993 c.422 §30; 2009 c.595 §947]
466.620 Emergency response plan.
In accordance with the applicable provisions of ORS chapter 183, the
Environmental Quality Commission shall adopt an oil and hazardous material
emergency response master plan consistent with the plan adopted by the
Department of Transportation under ORS 453.825 and 453.835, and after
consultation with the office of the State Fire Marshal, the Oregon State
Police, the Oregon Fire Chiefs Association and any other appropriate agency or
organization. [1985 c.733 §4; 1989 c.833 §92; 2005 c.825 §16]
466.625 Rulemaking.
In accordance with applicable provisions of ORS chapter 183, the Environmental
Quality Commission may adopt rules including but not limited to:
(1)
Provisions to establish that quantity of oil or hazardous material spilled or
released which shall be reported under ORS 466.635. The commission may
determine that one single quantity shall be the reportable quantity for any oil
or hazardous material, regardless of the medium into which the oil or hazardous
material is spilled or released.
(2)
Establishing procedures for the issuance, modification and termination of
permits, orders, collection of recoverable costs and filing of notifications.
(3)
Any other provision consistent with the provisions of ORS 401.025, 466.605 to
466.680, 466.900 (3) and (4), 466.995 (2) and 468.070 that the commission
considers necessary to carry out ORS 401.025, 466.605 to 466.680, 466.990 (3)
and (4), 466.995 (2) and 468.070. [1985 c.733 §5; 1993 c.422 §31]
466.630 Commission designation of substance
as hazardous material. (1) By rule, the Environmental
Quality Commission may designate as a hazardous material any element, compound,
mixture, solution or substance which when spilled or released into the air or
into or on any land or waters of the state may present a substantial danger to
the public health, safety, welfare or the environment.
(2)
Before designating a substance as hazardous material, the commission must find
that the hazardous material, because of its quantity, concentration or physical
or chemical characteristics may pose a present or future hazard to human
health, safety, welfare or the environment when spilled or released. [1985
c.733 §6]
466.635 Report of spill or release of
reportable quantity of hazardous material. Any
person owning or having control over any oil or hazardous material who has
knowledge of a spill or release shall immediately notify the Office of
Emergency Management as soon as that person knows the spill or release is a
reportable quantity. [1985 c.733 §7; 2007 c.740 §39]
466.640 Strict liability for spill or
release; exceptions. (1) Any person owning or having
control over any oil or hazardous material spilled or released or threatening
to spill or release shall be strictly liable without regard to fault for the
spill or release or threatened spill or release. However, in any action to
recover damages, the person shall be relieved from strict liability without
regard to fault if the person can prove that the spill or release of oil or
hazardous material was caused by:
(a)
An act of war or sabotage or an act of God.
(b)
Negligence on the part of the United States Government or the State of Oregon.
(c)
An act or omission of a third party without regard to whether any such act or
omission was or was not negligent.
(2)
Notwithstanding the provisions of subsection (1) of this section:
(a)
A person who has entered into, and is in compliance with, an administrative
agreement under ORS 465.327 is not liable to the State of Oregon for any spill
or release of oil or hazardous material at a facility that is subject to ORS
465.200 to 465.545 existing as of the date of the person’s acquisition of
ownership or operation of the facility, to the extent provided in ORS 465.327.
(b)
A person who has entered into, and is in compliance with, a judicial consent
judgment or an administrative consent order under ORS 465.327 is not liable to
the State of Oregon or any person for any spill or release of oil or hazardous
material at a facility that is subject to ORS 465.200 to 465.545 existing as of
the date of the person’s acquisition of ownership or operation of the facility,
to the extent provided in ORS 465.327. [1985 c.733 §8; 2011 c.487 §3]
466.645 Cleanup; failure to complete
cleanup. (1) Any person liable for a spill or
release or threatened spill or release under ORS 466.640 shall immediately
clean up the spill or release under the direction of the Department of
Environmental Quality. Any person liable for a spill or release or a threatened
spill or release shall immediately initiate cleanup, whether or not the
department has directed the cleanup. The department may require the responsible
person to undertake such investigations, monitoring, surveys, testing and other
information gathering as the department considers necessary or appropriate to:
(a)
Identify the existence and extent of the spill or release;
(b)
Identify the source and nature of oil or hazardous material involved; and
(c)
Evaluate the extent of danger to the public health, safety, welfare or the
environment.
(2)
If any person liable under ORS 466.640 does not immediately commence and
promptly and adequately complete the cleanup, the department may clean up, or
contract for the cleanup of the spill or release or the threatened spill or
release.
(3)
Whenever the department is authorized to act under subsection (2) of this
section, the department directly or by contract may undertake such
investigations, monitoring, surveys, testing and other information gathering as
it may deem appropriate to identify the existence and extent of the spill or
release, the source and nature of oil or hazardous material involved and the
extent of danger to the public health, safety, welfare or the environment. In
addition, the department directly or by contract may undertake such planning, fiscal,
economic, engineering and other studies and investigations it may deem
appropriate to plan and direct cleanup actions, to recover the costs thereof
and legal costs and to enforce the provisions of ORS 466.605 to 466.680. [1985
c.733 §9; 1987 c.158 §89; 1991 c.650 §5]
466.650
[1985 c.733 §10; repealed by 1987 c.735 §27]
466.653
[1987 c.539 §42; repealed by 1989 c.833 §175]
466.655
[1985 c.733 §11; repealed by 1987 c.735 §27]
466.660
[1985 c.733 §12; 1987 c.158 §90; repealed by 1989 c.833 §175]
466.665
[1985 c.733 §13; 1987 c.158 §91; repealed by 1989 c.833 §175]
466.670 Oil and Hazardous Material
Emergency Response and Remedial Action Fund. (1)
The Oil and Hazardous Material Emergency Response and Remedial Action Fund is
established separate and distinct from the General Fund in the State Treasury.
Interest earned on the fund shall be credited to the fund. Moneys received by
the Department of Environmental Quality for the purpose of oil or hazardous
material emergency response or remedial action shall be paid into the State
Treasury and credited to the fund.
(2)
The State Treasurer shall invest and reinvest moneys in the Oil and Hazardous
Material Emergency Response and Remedial Action Fund in the manner provided by
law.
(3)
The moneys in the Oil and Hazardous Material Emergency Response and Remedial
Action Fund are appropriated continuously to the Department of Environmental
Quality to be used in the manner described in ORS 466.675. [1985 c.733 §14;
1989 c.833 §93; 1989 c.966 §54]
466.675 Use of moneys in Oil and Hazardous
Material Emergency Response and Remedial Action Fund.
Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action
Fund may be used by the Department of Environmental Quality for the following
purposes:
(1)
Funding actions and activities authorized by ORS 466.645, 466.205, 468B.320 and
468B.330.
(2)
Providing for the general administration of ORS 466.605 to 466.680 including
the payment of personnel costs of the department or any other state agency
related to the enforcement of ORS 466.605 to 466.680. [1985 c.733 §15; 1987
c.158 §92; 1989 c.833 §94]
466.680 Responsibility for expenses of
cleanup; record; treble damages; order; appeal.
(1) If a person required to clean up oil or hazardous material under ORS
466.645 fails or refuses to do so, the person shall be responsible for the
reasonable expenses incurred by the Department of Environmental Quality in
carrying out ORS 466.645.
(2)
The department shall keep a record of all expenses incurred in carrying out any
cleanup projects or activities authorized under ORS 466.645, including charges
for services performed and the state’s equipment and materials utilized.
(3)
Any person who does not make a good faith effort to clean up oil or hazardous
material when obligated to do so under ORS 466.645 shall be liable to the
department for damages not to exceed three times the amount of all expenses
incurred by the department.
(4)
Based on the record compiled by the department under subsection (2) of this
section, the Environmental Quality Commission shall make a finding and enter an
order against the person described in subsection (1) or (3) of this section for
the amount of damages, not to exceed treble damages, and the expenses incurred
by the state in carrying out the action authorized by this section. The order
may be appealed in the manner provided for appeal of a contested case order
under ORS chapter 183.
(5)
If the amount of state incurred expenses and damages under this section are not
paid by the responsible person to the department within 15 days after receipt
of notice that such expenses are due and owing, or, if an appeal is filed
within 15 days after the court renders its decision if the decision affirms the
order, the Attorney General, at the request of the Director of the Department
of Environmental Quality, shall bring an action in the name of the State of
Oregon in a court of competent jurisdiction to recover the amount specified in
the notice of the director. [1985 c.733 §16]
466.685
[1985 c.733 §19; repealed by 1987 c.735 §27]
466.690
[1985 c.733 §20; repealed by 1987 c.735 §27]
466.705
[1987 c.539 §2 (enacted in lieu of 468.901); 1989 c.926 §41; 1989 c.1071 §§20,25;
repealed by 1991 c.863 §11 (466.706 enacted in lieu of 466.705)]
OIL STORAGE TANKS
(General Provisions)
466.706 Definitions for ORS 466.706 to
466.882 and 466.994. As used in ORS 466.706 to
466.882 and 466.994:
(1)
“Commercial lending institution” means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any cooperative
financial institution regulated by an agency of the federal government or this
state.
(2)
“Commission” means the Environmental Quality Commission.
(3)
“Corrective action” means remedial action taken to protect the present or future
public health, safety, welfare or the environment from a release of a regulated
substance. “Corrective action” includes but is not limited to:
(a)
The prevention, elimination, removal, abatement, control, minimization,
investigation, assessment, evaluation or monitoring of a hazard or potential
hazard or threat, including migration of a regulated substance; or
(b)
Transportation, storage, treatment or disposal of a regulated substance or
contaminated material from a site.
(4)
“Decommission” means to remove from operation an underground storage tank,
including temporary or permanent removal from operation, abandonment in place
or removal from the ground.
(5)
“Department” means the Department of Environmental Quality.
(6)
“Facility” means any one or combination of underground storage tanks and
underground pipes connected to the tanks, used to contain an accumulation of
motor fuel, including gasoline or diesel oil, that are located at one
contiguous geographical site.
(7)
“Fee” means a fixed charge or service charge.
(8)
“Guarantor” means any person other than the permittee who by guaranty,
insurance, letter of credit or other acceptable device, provides financial
responsibility for an underground storage tank as required under ORS 466.815.
(9)
“Heating oil tank” means an aboveground or underground tank and pipes connected
to the tank that contain heating oil for heating a building with human
habitation or water heating not used for commercial processing.
(10)
“Heating oil tank service” means the decommissioning of a heating oil tank or
the performance of corrective action necessary as a result of a release of oil
from a heating oil tank.
(11)
“Investigation” means monitoring, surveying, testing or other information
gathering.
(12)
“Local unit of government” means a city, county, special service district,
metropolitan service district created under ORS chapter 268 or a political
subdivision of the state.
(13)
“Oil” means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge,
oil refuse and any other petroleum related product or fraction thereof that is
liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds
per square inch absolute.
(14)
“Owner” means the owner of an underground storage tank.
(15)
“Permittee” means the owner or a person designated by the owner who is in
control of or has responsibility for the daily operation or maintenance of an
underground storage tank under a permit issued pursuant to ORS 466.760.
(16)
“Person” means an individual, trust, firm, joint stock company, corporation,
partnership, joint venture, consortium, association, state, municipality,
commission, political subdivision of a state or any interstate body, any
commercial entity or the federal government or any agency of the federal government.
(17)
“Regulated substance” means:
(a)
Any substance listed by the United States Environmental Protection Agency in 40
C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 as amended (P.L. 96-510 and P.L. 98-80),
but not including any substance regulated as a hazardous waste under 40 C.F.R.
part 261 and OAR 340 Division 101;
(b)
Oil; or
(c)
Any other substance designated by the commission under ORS 466.630.
(18)
“Release” means the discharge, deposit, injection, dumping, spilling, emitting,
leaking or placing of a regulated substance from an underground storage tank
into the air or into or on land or the waters of the state, other than as
authorized by a permit issued under state or federal law.
(19)
“Stage I vapor collection system” means a system where gasoline vapors are
forced from a tank into a vapor-tight holding system or vapor control system
through direct displacement by the gasoline being loaded.
(20)
“Stage II vapor collection system” means a system where at least 90 percent, by
weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel
tank during refueling are transferred to a vapor-tight holding system or vapor
control system.
(21)
“Underground storage tank” means any one or combination of tanks and
underground pipes connected to the tank, used to contain an accumulation of a
regulated substance, and the volume of which, including the volume of the
underground pipes connected to the tank, is 10 percent or more beneath the
surface of the ground.
(22)
“Waters of the state” has the meaning given that term in ORS 468B.005. [1991
c.863 §12 (enacted in lieu of 466.705); 1997 c.631 §479; 1999 c.880 §10; 1999
c.979 §8]
466.710 Application of ORS 466.706 to 466.882
and 466.994. ORS 466.706 to 466.882 and 466.994
shall not apply to a:
(1)
Farm or residential tank of 1,100 gallons or less capacity used for storing
motor fuel for noncommercial purposes.
(2)
Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil
for consumptive use on the premises where stored.
(3)
Septic tank.
(4)
Pipeline facility including gathering lines regulated:
(a)
Under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671);
(b)
Under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2001); or
(c)
As an intrastate pipeline facility under state laws comparable to the
provisions of law referred to in paragraph (a) or (b) of this subsection.
(5)
Surface impoundment, pit, pond or lagoon.
(6)
Storm water or waste water collection system.
(7)
Flow-through process tank.
(8)
Liquid trap or associated gathering lines directly related to oil or gas
production and gathering operations.
(9)
Storage tank situated in an underground area if the storage tank is situated
upon or above the surface of a floor. As used in this subsection, “underground
area” includes but is not limited to a basement, cellar, mine, drift, shaft or
tunnel.
(10)
Pipe connected to any tank described in subsections (1) to (8) of this section.
[Formerly 468.911; 1987 c.539 §18; 1999 c.979 §§9,17; 2001 c.104 §201]
466.715 Legislative findings.
(1) The Legislative Assembly finds that:
(a)
Regulated substances hazardous to the public health, safety, welfare and the
environment are stored in underground tanks in this state; and
(b)
Underground tanks used for the storage of regulated substances are potential
sources of contamination of the environment and may pose dangers to the public
health, safety, welfare and the environment.
(2)
Therefore, the Legislative Assembly declares:
(a)
It is the public policy of this state to protect the public health, safety,
welfare and the environment from the potential harmful effects of underground
tanks used to store regulated substances.
(b)
It is the purpose of ORS 466.706 to 466.882 and 466.994 to enable the
Environmental Quality Commission to adopt a statewide program for the
prevention and reporting of releases and for taking corrective action to
protect the public and the environment from releases from underground storage
tanks. [1987 c.539 §4 (enacted in lieu of 468.902); 1989 c.1071 §§21,26]
(Administration)
466.720 Statewide underground storage tank
program; federal authorization; rules. (1) The
Environmental Quality Commission shall adopt a statewide underground storage
tank program. Except as otherwise provided in ORS 466.706 to 466.882 and
466.994, the statewide program shall establish uniform procedures and standards
to protect the public health, safety, welfare and the environment from the
consequences of a release from an underground storage tank.
(2)
The commission and the Department of Environmental Quality shall perform or
cause to be performed any act necessary to gain final authorization of a state
program for the regulation of underground storage tanks under the provisions of
Section 9004 of the Federal Resource Conservation and Recovery Act, P.L. 94-580
as amended and P.L. 98-616, Section 205 of the federal Solid Waste Disposal
Act, P.L. 96-482 as amended and federal regulations and interpretive and
guidance documents issued pursuant to P.L. 94-580 as amended, P.L. 98-616 and
P.L. 96-482. To gain final authorization, the department shall submit an
application for state program approval to the United States Environmental Protection
Agency. The commission may adopt, amend or repeal any rule necessary to
implement ORS 466.706 to 466.882 and 466.994. [Subsection (1) enacted as 1987
c.539 §6; subsection (2) formerly 468.913; 2001 c.754 §1]
466.725 Limitation on local government regulation.
(1) Except as provided in ORS 466.730, a local unit of government may not enact
or enforce any ordinance, rule or regulation relating to the matters
encompassed by the state program established under ORS 466.720.
(2)
Any ordinance, rule or regulation enacted by a local unit of government of this
state that encompasses the same matters as the state program shall be
unenforceable, except for an ordinance, rule or regulation:
(a)
That requires an owner or permittee to report a release to the local unit of
government; or
(b)
Adopted by a local unit of government operating an underground storage tank
program pursuant to a contract entered into according to the provisions of ORS
466.730. [1987 c.539 §8 (enacted in lieu of 468.904)]
466.727 Prohibition on local government
tax, fee or surcharge. (1) A local unit of government
may not impose any tax, fee or surcharge on soil generated as a result of
remedial action or replacement of leaking underground storage tanks if
financial assistance from the Underground Storage Tank Compliance and
Corrective Action Fund has been provided for the remedial action or tank
replacement.
(2)
Nothing in this section shall be construed to prevent a local unit of
government that owns, leases or operates a site for the disposal, transfer,
recovery or treatment of solid waste from charging a fee for disposal or
treatment of soil at such site. [1993 c.661 §4]
466.730 Delegation of program
administration to state agency or local government by agreement.
(1) The Environmental Quality Commission may authorize the department to enter
into a contract or agreement with an agency of this state or a local unit of
government to administer all or part of the underground storage tank program.
(2)
Any agency of this state or any local unit of government that seeks to
administer an underground storage tank program under this section shall submit
to the Department of Environmental Quality a description of the program the
agency or local unit of government proposes to administer in lieu of all or
part of the state program. The program description shall include at least the
following:
(a)
A description in narrative form of the scope, structure, coverage and
procedures of the proposed program.
(b)
A description, including organization charts, of the organization and structure
of the contracting state agency or local unit of government that will have
responsibility for administering the program, including:
(A)
The number of employees, occupation and general duties of each employee who
will carry out the activities of the contract.
(B)
An itemized estimate of the cost of establishing and administering the program,
including the cost of personnel listed in subparagraph (A) of this paragraph
and administrative and technical support.
(C)
An itemization of the source and amount of funding available to the contracting
state agency or local unit of government to meet the costs listed in
subparagraph (B) of this paragraph, including any restrictions or limitations
upon this funding.
(D)
A description of applicable procedures, including permit procedures.
(E)
Copies of the permit form, application form and reporting form the state agency
or local unit of government intends to use in the program.
(F)
A complete description of the methods to be used to assure compliance and for
enforcement of the program.
(G)
A description of the procedures to be used to coordinate information with the
department, including the frequency of reporting and report content.
(H)
A description of the procedures the state agency or local unit of government
will use to comply with trade secret laws under ORS 466.800.
(3)
Any program approved by the department under this section shall at all times be
conducted in accordance with the requirements of ORS 466.706 to 466.882 and
466.994.
(4)
An agency or local unit of government shall exercise the functions relating to
underground storage tanks authorized under a contract or agreement entered into
under this section according to the authority vested in the commission and the
department under ORS 466.706 to 466.882 and 466.994 insofar as such authority
is applicable to the performance under the contract or agreement. The agency or
local unit of government shall carry out these functions in the manner provided
for the commission and the department to carry out the same functions. [1987
c.539 §9]
466.735 Cooperation with Department of
Consumer and Business Services and State Fire Marshal.
Nothing in ORS 466.706 to 466.882 and 466.994 is intended to interfere with,
limit or abridge the authority of the Department of Consumer and Business
Services or the State Fire Marshal, or any other state agency or local unit of
government relating to combustion and explosion hazards, hazard communications
or land use. The complementary relationship between the protection of the
public safety from combustion and explosion hazards, and protection of the
public health, safety, welfare and the environment from releases of regulated
substances from underground storage tanks is recognized. Therefore, the
Department of Environmental Quality shall work cooperatively with the
Department of Consumer and Business Services, the State Fire Marshal and local
units of government in developing the rules and procedures necessary to carry
out the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §10]
466.740 Noncomplying installation
prohibited. No person shall install an underground
storage tank for the purpose of storing regulated substances unless the tank
complies with the standards adopted under ORS 466.746 and any other rule
adopted under ORS 466.706 to 466.882 and 466.994. [1987 c.539 §11]
466.743 Training on operation, maintenance
and testing; rules. (1) Operators of underground
storage tanks shall participate in mandatory training on the proper operation,
maintenance and testing of underground storage tanks.
(2)
The Environmental Quality Commission shall adopt rules establishing mandatory
training requirements. The rules may include, but are not limited to:
(a)
A definition of operator, which may include other persons with daily
responsibility for on-site operation and maintenance of underground storage
tanks who are required to obtain training under this section;
(b)
Requirements and specifications for training or testing services; and
(c)
A schedule that sets forth compliance dates for each facility.
(3)
The commission may accommodate hardship cases in which attendance at a training
session is unusually difficult due to special circumstances. An accommodation
under this subsection does not exempt a person from the training requirements
under subsection (1) of this section. [2001 c.754 §3]
466.745
[1987 c.539 §13 (enacted in lieu of 468.908); 1989 c.1071 §§22,27,29a,43a,43b;
repealed by 1991 c.863 §13 (466.746 enacted in lieu of 466.745)]
466.746 Commission rules; considerations.
(1) The Environmental Quality Commission may establish by rule:
(a)
Performance standards, consistent with standards adopted by the federal
government, for leak detection systems, inventory control, tank testing or
comparable systems or programs designed to detect or identify releases in a
manner consistent with the protection of public health, safety, welfare or the
environment;
(b)
Requirements for maintaining records and submitting information to the
Department of Environmental Quality in conjunction with a leak detection or
identification system or program used for each underground storage tank;
(c)
Performance standards for underground storage tanks including but not limited
to design, retrofitting, construction, installation, release detection and
material compatibility;
(d)
Requirements for the temporary or permanent decommissioning of an underground
storage tank;
(e)
Requirements for reporting a release from an underground storage tank;
(f)
Requirements for a permit issued under ORS 466.760;
(g)
Procedures that distributors of regulated substances and sellers of underground
storage tanks must follow to satisfy the requirements of ORS 466.760;
(h)
Acceptable methods by which an owner or permittee may demonstrate financial
responsibility for responding to the liability imposed under ORS 466.815;
(i)
Procedures for the disbursement of moneys collected under ORS 466.795;
(j)
Requirements for reporting corrective action taken in response to a release;
(k)
Requirements for taking corrective action in response to a release;
(L)
Requirements for soil assessment and tank tightness tests which shall not be
more stringent soil assessment and tank tightness testing requirements than
required by the federal government;
(m)
Provisions necessary to carry out the underground storage tank loan guarantee
program authorized by section 4, chapter 1071, Oregon Laws 1989; and
(n)
Any other rule necessary to carry out the provisions of ORS 466.706 to 466.882
and 466.994.
(2)
So long as requirements are administered uniformly within each area or region
of the state, the commission may adopt different requirements for different
areas or regions of the state if the commission finds either of the following:
(a)
More stringent rules or standards are necessary:
(A)
To protect specific waters of the state, a sole source or sensitive aquifer or
any other sensitive environmental amenity; or
(B)
Because conditions peculiar to that area or region require different standards
to protect public health, safety, welfare or the environment.
(b)
Less stringent rules or standards are:
(A)
Warranted by physical conditions or economic hardship;
(B)
Consistent with the protection of the public health, safety, welfare or the
environment; and
(C)
Not less stringent than minimum federal requirements.
(3)
The rules adopted by the commission under subsection (1) of this section may
distinguish between types, classes and ages of underground storage tanks. In
making such distinctions, the commission may consider the following factors:
(a)
Location of the tanks;
(b)
Soil and climate conditions;
(c)
Uses of the tanks;
(d)
History of maintenance;
(e)
Age of the tanks;
(f)
Current industry recommended practices;
(g)
National consensus codes;
(h)
Hydrogeology;
(i)
Water table;
(j)
Size of the tanks;
(k)
Quantity of regulated substances periodically deposited in or dispensed from
the tank;
(L)
The technical ability of the owner or permittee; and
(m)
The compatibility of the regulated substance and the materials of which the
tank is fabricated.
(4)
In adopting rules under subsection (1) of this section, the commission shall
consider all relevant federal standards and regulations on underground storage
tanks. If the commission adopts any standard or rule that is different than a
federal standard or regulation on the same subject, the report submitted to the
commission by the department at the time the commission adopts the standard or
rule shall indicate clearly the deviation from the federal standard or
regulation and the reasons for the deviation. [1991 c.863 §14 (enacted in lieu
of 466.745)]
(Licenses; Permits)
466.750 License procedure for persons servicing
underground tanks. (1) In order to safeguard the
public health, safety and welfare, to protect the state’s natural and
biological systems, to protect the public from unlawful underground tank
installation and retrofit procedures, to assure the highest degree of leak
prevention from underground storage tanks and to insure the appropriate cleanup
of oil spills and releases, the Environmental Quality Commission may adopt a
program to regulate persons providing underground storage tank installation and
removal, retrofit, testing, inspection and remedial action services.
(2)
The program established under subsection (1) of this section may include a
procedure to license persons who demonstrate, to the satisfaction of the
Department of Environmental Quality, the ability to service underground storage
tanks. This demonstration of ability may consist of written or field
examinations. The commission may establish different types of licenses for
different types of demonstrations, including but not limited to:
(a)
Installation, removal, retrofit and inspection of underground storage tanks;
(b)
Tank integrity testing;
(c)
Installation of leak detection systems; and
(d)
Cleanup of soil contamination resulting from spills or releases of oil from
underground storage tanks.
(3)
The program adopted under subsection (1) of this section may allow the department
after opportunity for hearing under the provisions of ORS chapter 183, to
revoke a license of any person offering underground storage tank services who
commits fraud or deceit in obtaining a license or who demonstrates negligence
or incompetence in performing underground tank services.
(4)
The program adopted under subsection (1) of this section shall:
(a)
Provide that no person may offer to perform or perform services for which a
license is required under the program without such license.
(b)
Establish a schedule of fees for licensing under the program. The fees shall be
in an amount sufficient to cover the costs of the department in administering
the program.
(5)
The following persons shall apply for an underground storage tank permit from
the department:
(a)
An owner of an underground storage tank currently in operation;
(b)
An owner of an underground storage tank taken out of operation between January
1, 1974, and May 1, 1988; and
(c)
An owner of an underground storage tank that was taken out of operation before
January 1, 1974, but that still contains a regulated substance. [1987 c.539 §§14,15;
1989 c.926 §42; 1999 c.979 §10; 2001 c.104 §202]
466.760 When permit required; who required
to sign application. (1) No person shall install, bring
into operation, operate or decommission an underground storage tank without
first obtaining a permit from the Department of Environmental Quality.
(2)
No person shall deposit a regulated substance into an underground storage tank
unless the tank is operating under a permit issued by the department.
(3)
Any person who assumes ownership of an underground storage tank from a previous
permittee must complete and return to the department an application for a new
permit before the person begins operation of the underground storage tank under
the new ownership.
(4)
Any person who deposits a regulated substance into an underground storage tank
or sells an underground storage tank shall notify the owner or operator of the
tank of the permit requirements of this section.
(5)
The following persons must sign an application for a permit submitted to the
department under this section or ORS 466.750 (5):
(a)
The owner of an underground storage tank storing a regulated substance;
(b)
The owner of the real property in which an underground storage tank is located;
and
(c)
The proposed permittee, if a person other than the owner of the underground
storage tank or the owner of the real property. [1987 c.539 §16; 1989 c.926 §43;
1989 c.1071 §§23,28; 1999 c.979 §11]
466.765 Duty of owner or permittee of
underground storage tank. In addition to any other duty
imposed by law and pursuant to rules adopted under ORS 466.706 to 466.882 and
466.994, the owner or the permittee of an underground storage tank shall:
(1)
Prevent releases;
(2)
Install, operate and maintain underground storage tanks and leak detection
devices and develop and maintain records in connection therewith in accordance
with standards adopted and permits issued under ORS 466.706 to 466.882 and
466.994;
(3)
Furnish information to the Department of Environmental Quality relating to
underground storage tanks, including information about tank equipment and
regulated substances stored in the tanks;
(4)
Promptly report releases;
(5)
Conduct monitoring and testing as required by rules adopted under ORS 466.746
and permits issued under ORS 466.760;
(6)
Permit department employees or a duly authorized and identified representative
of the department at all reasonable times to have access to and to copy all
records relating to underground storage tanks;
(7)
Pay all costs of investigating, preventing, reporting and stopping a release;
(8)
Decommission tanks, as required by rules adopted under ORS 466.746 and permits
issued under ORS 466.760;
(9)
Pay all fees;
(10)
Conduct any corrective action required under ORS 466.810; and
(11)
Perform any other requirement adopted under ORS 465.200, 466.706 to 466.882,
466.994 and 478.308. [1987 c.539 §20 (enacted in lieu of 468.905)]
466.770 Corrective action required on contaminated
site. (1) If any owner or permittee of a
contaminated site fails without sufficient cause to conduct corrective action
under ORS 466.765, the Department of Environmental Quality may undertake any
investigation or corrective action with respect to the contamination on the
site.
(2)
The department shall keep a record of all expenses incurred in carrying out any
corrective action authorized under subsection (1) of this section, including
charges for services performed and the state’s equipment and materials
utilized.
(3)
Any owner or permittee of a contaminated site who fails without sufficient
cause to conduct corrective action as required by an order of the department
under ORS 466.810 shall be liable to the department for damages not to exceed three
times the amount of all expenses incurred by the department in carrying out the
necessary corrective action.
(4)
Based on the record compiled by the department under subsection (2) of this
section, the Environmental Quality Commission shall make a finding and enter an
order against the person described in subsection (1) or (3) of this section for
the amount of damages, not to exceed treble damages, and the expenses incurred
by the state in carrying out the actions authorized by this section. The order
may be appealed in the manner provided for appeal of a contested case order
under ORS chapter 183.
(5)
If the amount of corrective action costs incurred by the department and damages
under this section are not paid by the responsible person to the department
within 15 days after receipt of notice that such expenses are due and owing,
or, if an appeal is filed within 15 days after the court renders its decision
if the decision affirms the order, the Attorney General, at the request of the
director, shall bring an action in the name of the State of Oregon in a court
of competent jurisdiction to recover the amount specified in the notice of the
director.
(6)
Subsection (5) of this section shall not apply if the department and the
responsible person are negotiating or have entered into a settlement agreement,
except that if the responsible person fails to pay the corrective action costs
as provided in the negotiated settlement the director may request the Attorney
General to take action as set forth in subsection (5) of this section.
(7)
All moneys received by the department under this section shall be paid into the
fund established in ORS 466.791.
(8)
As used in this section:
(a)
“Contamination” means any abandoning, spilling, releasing, leaking, disposing,
discharging, depositing, emitting, pumping, pouring, emptying, injecting,
escaping, leaching, placing or dumping of a regulated substance from an
underground storage tank into the air or on any lands or waters of the state,
so that such regulated substance may enter the environment, be emitted into the
air or discharged into any waters. Such contamination authorized by and in
compliance with a permit issued under ORS chapter 454, 459, 468, 468A, 468B,
469, ORS 466.005 to 466.385 or federal law shall not be considered as
contamination under ORS 465.200, 466.706 to 466.882, 466.994 and 478.308.
(b)
“Site” means any area or land. [1987 c.539 §24; 1993 c.560 §106]
466.775 Grounds for refusal, modification,
suspension or revocation of permit. (1) The
Department of Environmental Quality may refuse to issue, modify, suspend,
revoke or refuse to renew a permit if the department finds:
(a)
A material misrepresentation or false statement in the application for the
permit;
(b)
Failure to comply with the conditions of the permit; or
(c)
Violation of any applicable provision of ORS 466.706 to 466.882 and 466.994,
any applicable rule or standard adopted under ORS 466.706 to 466.882 and
466.994 or an order issued under ORS 466.706 to 466.882 and 466.994.
(2)
The department may modify a permit issued under ORS 466.760 if the department
finds, after notice and opportunity for hearing, that modification is necessary
to protect the public health, safety, welfare or the environment.
(3)
The department shall modify, suspend, revoke or refuse to issue or renew a
permit according to the provisions of ORS chapter 183 for a contested case
proceeding. [1987 c.539 §21]
466.780 Variance upon petition.
(1) Upon petition by the owner and the permittee of an underground storage tank,
the Environmental Quality Commission may grant a variance from the requirements
of any rule or standard adopted under ORS 466.746 if the commission finds:
(a)
The alternative proposed by the petitioner provides protection to the public
health, safety, welfare and the environment, equal to or greater than the rule
or standard; and
(b)
The alternative proposal is at least as stringent as any applicable federal
requirements.
(2)
The commission may grant a variance under subsection (1) of this section only
if the commission finds that strict compliance with the rule or standard is
inappropriate because:
(a)
Conditions exist that are beyond the control of the petitioner; or
(b)
Special physical conditions or other circumstances render strict compliance unreasonable,
burdensome or impracticable.
(3)
The commission may delegate the authority to grant a variance to the Department
of Environmental Quality.
(4)
Within 15 days after the department denies a petition for a variance, the
petitioner may file with the commission a request for review by the commission.
The commission shall review the petition for variance and the reasons for the
department’s denial of the petition within 150 days after the commission
receives a request for review. The commission may approve or deny the variance
or allow a variance on terms different than the terms proposed by the
petitioner. If the commission fails to act on a denied petition within the
150-day period the variance shall be considered approved by the commission. [1987
c.539 §22]
(Finance)
466.783 Installation fee; permit
modification fee. (1) An applicant for a permit to
install an underground storage tank shall pay an installation fee of $400 per
tank. The applicant shall make payment to the Department of Environmental
Quality at the time of application for the installation of an underground
storage tank.
(2)(a)
When ownership of an existing underground storage tank changes, or when
ownership of the property on which an underground storage tank is located
changes, the permittee shall pay a permit modification fee of $75. The
permittee shall make payment to the Department of Environmental Quality at the
time of application for the modification of an operating permit.
(b)
When a permittee changes, the new permittee shall pay a permit modification fee
of $75. The new permittee shall make payment to the Department of Environmental
Quality at the time of application for the modification of an operating permit.
(3)
The fees collected by the department under this section shall be deposited into
the State Treasury to the credit of an account of the department. All fees paid
to the department shall be continuously appropriated to the department to carry
out the provisions of ORS 466.706 to 466.882 and 466.994. [2001 c.754 §12]
466.785 Annual storage tank fee; late
payment fee. (1) Every underground storage tank
permittee shall pay a fee in the amount of $135 per tank per calendar year.
(2)
A permittee shall pay a late fee of $35 for each tank fee required under this
section that is not paid by the specified due date.
(3)
Fees collected by the Department of Environmental Quality under this section
shall be deposited in the State Treasury to the credit of an account of the
department. All fees paid to the department shall be continuously appropriated
to the department to carry out the provisions of ORS 466.706 to 466.882 and
466.994. [1987 c.539 §§23,50; 1989 c.833 §157; 1989 c.935 §1; 1989 c.1071 §§44,45;
1993 c.525 §§1,2,3; 1999 c.884 §1; amendments by 1999 c.884 §3 repealed by 2001
c.754 §17; 2001 c.754 §5; 2005 c.534 §3; 2007 c.479 §1]
466.787 Annual service provider fee;
biennial supervisor fee. (1) As used in this section:
(a)
“Service provider” means a person or firm registered in the State of Oregon
pursuant to Department of Environmental Quality rules to provide underground
storage tank services.
(b)
“Supervisor” means a person, operating alone or employed by a contractor, who
directs and oversees underground storage tank services.
(c)
“Underground storage tank services” includes but is not limited to
installation, decommissioning, retrofitting, testing and inspection of
underground storage tanks.
(2)
Pursuant to ORS 466.750:
(a)
A supervisor shall pay fees based on the following schedule:
(A)
$150 every two years for each license issued for cleanup of underground storage
tanks; and
(B)
$150 every two years for a license to service underground storage tanks.
(b)
A service provider shall pay a fee of $300 per license per year.
(3)
Fees collected by the Department of Environmental Quality under this section
shall be deposited into the State Treasury to the credit of an account of the
department. All fees paid to the department shall be continuously appropriated
to the department to carry out the provisions of ORS 466.706 to 466.882 and
466.994. [2001 c.754 §4]
466.790
[1987 c.539 §26; 1989 c.1071 §§24,29,30,46,47,48; repealed by 1991 c.863 §15
(466.791 enacted in lieu of 466.790)]
466.791 Underground Storage Tank
Compliance and Corrective Action Fund; sources; uses.
(1) The Underground Storage Tank Compliance and Corrective Action Fund is
established separate and distinct from the General Fund in the State Treasury.
(2)
The following moneys, as they pertain to an underground storage tank, shall be
deposited into the State Treasury and credited to the Underground Storage Tank
Compliance and Corrective Action Fund:
(a)
Moneys recovered or otherwise received from responsible parties for corrective
action;
(b)
Moneys allocated to the fund from the Administrative Services Economic
Development Fund;
(c)
As permitted by federal court decisions, federal statutory requirements and
administrative decisions, funds made available from multidistrict litigation -
150 oil overcharge settlement moneys or surplus stripper well oil overcharge
settlement moneys; and
(d)
Any penalty, fine or damages recovered under ORS 466.770.
(3)
The State Treasurer may invest and reinvest moneys in the Underground Storage
Tank Compliance and Corrective Action Fund in the manner provided by law.
(4)
The moneys in the Underground Storage Tank Compliance and Corrective Action
Fund are appropriated continuously to the Department of Environmental Quality
to be used as provided in subsection (5) of this section.
(5)
Moneys in the Underground Storage Tank Compliance and Corrective Action Fund
may be used by the department for the following purposes:
(a)
Supporting the loan guarantee program established pursuant to section 4,
chapter 1071, Oregon Laws 1989;
(b)
Repaying moneys advanced under ORS 293.205 to 293.225 to allow the department
to begin operating the grant and loan programs established pursuant to section
4, chapter 1071, Oregon Laws 1989, or servicing any debt incurred by the fund;
(c)
Administration of the underground storage tank program;
(d)
Funding the interest rate subsidies established under section 6a, chapter 863,
Oregon Laws 1991;
(e)
Funding the underground storage tank insurance premium copayment program
established under sections 38 to 46, chapter 863, Oregon Laws 1991; and
(f)
Funding of the grants established under section 6, chapter 863, Oregon Laws
1991. [1991 c.863 §16 (enacted in lieu of 466.790); 1993 c.18 §120; 1993 c.661 §5;
1997 c.767 §9; 2001 c.104 §203]
466.795 Underground Storage Tank Insurance
Fund. (1) The Underground Storage Tank
Insurance Fund is established separate and distinct from the General Fund in
the State Treasury to be used solely for the purpose of satisfying the
financial responsibility requirements of ORS 466.815.
(2)
Moneys transferred by the Department of Environmental Quality from the
Underground Storage Tank Compliance and Corrective Action Fund established
under ORS 466.791 shall be credited to the Underground Storage Tank Insurance
Fund.
(3)
The State Treasurer may invest and reinvest moneys in the Underground Storage
Tank Insurance Fund in the manner provided by law.
(4)
The moneys in the Underground Storage Tank Insurance Fund are appropriated
continuously to the department to be used as provided for in subsection (5) of
this section.
(5)
Moneys in the Underground Storage Tank Insurance Fund may be used by the
department for the following purposes, as they pertain to underground storage
tanks:
(a)
Funding of the underground storage tank insurance premium copayments
established under sections 38 to 46, chapter 863, Oregon Laws 1991; and
(b)
Payment of the department’s costs in administering the Underground Storage Tank
Insurance Fund, which shall be limited to five percent of the premium
collected. [1987 c.539 §28; 1989 c.833 §158; 1989 c.935 §§2,3; 1991 c.863 §47]
466.800 Records as public records;
exceptions. (1) Except as provided in subsection
(2) of this section, any records, reports or information obtained from any
persons under ORS 466.765 and 466.805 shall be made available for public
inspection and copying during the regular office hours of the Department of
Environmental Quality at the expense of any person requesting copies.
(2)
Unless classified by the director as confidential, any records, reports or
information obtained under ORS 466.706 to 466.882 and 466.994 shall be
available to the public. Upon a showing satisfactory to the director by any
person that records, reports or information, or particular parts thereof, if
made public, would divulge methods, processes or information entitled to
protection as trade secrets under ORS 192.501 to 192.505, the director shall
classify as confidential such record, report or information, or particular part
thereof. However, such record, report or information may be disclosed to any other
officer, medical or public safety employee or authorized representative of the
state concerned with carrying out ORS 466.706 to 466.882 and 466.994 or when
relevant in any proceeding under ORS 466.706 to 466.882 and 466.994.
(3)
Any record, report or information obtained or used by the department or the
Environmental Quality Commission in administering the statewide underground
storage tank program under ORS 466.706 to 466.882 and 466.994 shall be
available to the United States Environmental Protection Agency upon request. If
the record, report or information has been submitted to the state under a claim
of confidentiality, the state shall make that claim of confidentiality to the
Environmental Protection Agency for the requested record, report or information.
The federal agency shall treat the record, report or information subject to the
confidentiality claim as confidential in accordance with applicable federal
law. [Formerly 468.910]
(Enforcement)
466.805 Site inspection; subpoena or
warrant. (1) In order to determine compliance
with the provisions of ORS 466.706 to 466.882 and 466.994 and rules adopted
under ORS 466.706 to 466.882 and 466.994 and to enforce the provisions of ORS
466.706 to 466.882 and 466.994, any employees of or an authorized and identified
representative of the Department of Environmental Quality may:
(a)
Enter at reasonable times any establishment or site where an underground
storage tank is located;
(b)
Inspect and obtain samples of a regulated substance contained in an underground
storage tank; and
(c)
Conduct an investigation of an underground storage tank, associated equipment,
contents or the soil, air or waters of the state surrounding an underground
storage tank.
(2)
If any person refuses to comply with subsection (1) of this section, the
department or a duly authorized and identified representative of the department
may obtain a warrant or subpoena to allow such entry, inspection, sampling or
copying. [1987 c.539 §30 (enacted in lieu of 468.907)]
466.810 Investigation on noncompliance;
findings and orders; decommissioning tank; hearings; other remedies.
(1) Whenever the Department of Environmental Quality has reasonable cause to
believe that an underground storage tank or the operation of an underground
storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply
with a rule, order or permit issued under ORS 466.706 to 466.882 and 466.994,
the department may investigate the underground storage tank.
(2)
After the department investigates an underground storage tank under subsection
(1) of this section, the department may, without notice or hearing, make such
findings and issue such orders as it considers necessary to protect the public
health, safety, welfare or the environment.
(3)
The findings and orders made by the department under subsection (2) of this
section may:
(a)
Require changes in the operation, practices or operating procedures found to be
in violation of ORS 466.706 to 466.882 and 466.994 or the rules adopted under
ORS 466.706 to 466.882 and 466.994;
(b)
Require the owner or operator to comply with the provisions of a permit;
(c)
Require compliance with a schedule established in the order; and
(d)
Require any other actions considered necessary by the department.
(4)
After the department issues an order under subsection (2) of this section, the
department may decommission the underground storage tank or contract with
another person to decommission the underground storage tank.
(5)
The department shall serve a certified copy of any order issued by it under
subsection (2) of this section to the permittee or the permittee’s duly
authorized representative at the address furnished to the department in the
permit application or other address as the department knows to be used by the
permittee. The order shall take effect 20 days after the date of its issuance,
unless the permittee requests a hearing on the order before the Environmental
Quality Commission. The request for a hearing shall be submitted in writing
within 20 days after the department issues the order.
(6)
All hearings under this section shall be conducted according to applicable
provisions of ORS chapter 183 for contested cases.
(7)
Whenever it appears to the department that any person is engaged or about to
engage in any act or practice that constitutes a violation of ORS 466.706 to
466.882 and 466.994 or the rules and orders adopted under ORS 466.706 to
466.882 and 466.994 or of the terms of any permit issued under ORS 466.706 to
466.882 and 466.994, the department, without prior administrative hearing, may
institute actions or proceedings for legal or equitable remedies to enforce
compliance therewith or to restrain further violations thereof. [1987 c.539 §32;
1999 c.849 §101a]
466.815 Financial responsibility of owner
or permittee; rules; legislative review. (1) The
Environmental Quality Commission may by rule require an owner or permittee to
demonstrate and maintain financial responsibility for:
(a)
Taking corrective action;
(b)
Compensating a third party for bodily injury and property damage caused by a
release; and
(c)
Compensating the Department of Environmental Quality, or any other person, for
expenses incurred by the department or any other person in taking corrective
action.
(2)
The financial responsibility requirements established by subsection (1) of this
section may be satisfied by insurance, guarantee by third party, surety bond,
letter of credit or qualification as a self-insurer or any combination of these
methods. In adopting rules under subsection (1) of this section, the commission
may specify policy or other contractual terms, conditions or defenses necessary
or unacceptable to establish evidence of financial responsibility.
(3)
If an owner or permittee is in bankruptcy, reorganization or arrangement
pursuant to the federal bankruptcy law, or if jurisdiction in any state or
federal court cannot be obtained over either an owner or a permittee likely to
be solvent at the time of judgment, any claim arising from conduct for which
evidence of financial responsibility must be provided under this section may be
asserted directly against the guarantor. In the case of action under subsection
(1)(b) of this section, the guarantor is entitled to invoke all rights and
defenses that would have been available to the owner or permittee if the action
had been brought against the owner or permittee by the claimant and all rights
and defenses that would have been available to the guarantor if the action had
been brought against the guarantor by the owner or permittee.
(4)
The total liability of a guarantor shall be limited to the aggregate amount the
guarantor provided as evidence of financial responsibility to the owner or
permittee under subsection (2) of this section. This subsection does not limit
any other state or federal statutory, contractual or common law liability of
the guarantor for bad faith in negotiating or in failing to negotiate the
settlement of any claim. This subsection does not diminish the liability of any
person under section 107 or 111 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, or other applicable law.
(5)
Corrective action and compensation programs financed by a fee paid by owners
and permittees and administered by the department may be used to satisfy all or
part of the financial responsibility requirements of this section.
(6)
No rule requiring an owner or permittee to demonstrate and maintain financial
responsibility shall be adopted by the commission before review by the
appropriate legislative committee as determined by the President of the Senate
and the Speaker of the House of Representatives. [1987 c.539 §27]
466.820 Reimbursement to department;
procedure for collection; treble damages. (1)
The owner and the permittee of an underground storage tank found to be in
violation of any provision of ORS 466.706 to 466.882 and 466.994, shall
reimburse the Department of Environmental Quality for all costs reasonably
incurred by the department, excluding administrative costs, in the
investigation of a leak from an underground storage tank. Department costs may
include investigation, design engineering, inspection and legal costs necessary
to correct the leak.
(2)
Payment of costs to the department under subsection (1) of this section shall
be made to the department within 15 days after the end of the appeal period or,
if an appeal is filed, within 15 days after the court or the Environmental
Quality Commission renders its decision, if the decision affirms the order.
(3)
If such costs are not paid by the owner or the permittee of the underground
storage tank to the department within the time provided in subsection (2) of
this section, the Attorney General, upon the request of the director, shall
bring action in the name of the State of Oregon in the Circuit Court of Marion
County or the circuit court of any other county in which the violation may have
taken place to recover the amount specified in the order of the department.
(4)
In addition to any other penalty provided by law, if any person is found in
violation of any provision of ORS 465.200, 466.706 to 466.882, 466.994 and
478.308, the commission or the court may award damages in the amount equal to
three times the amount of all expenses incurred by the department in
investigating the violation.
(5)
Moneys reimbursed shall be deposited to the State Treasury to the credit of an
account of the department and are continuously appropriated to the department
for the purposes of administering ORS 465.200, 466.706 to 466.882, 466.994 and
478.308. [1987 c.539 §34 (enacted in lieu of 468.914)]
466.825 Strict liability of owner or
permittee. The owner and permittee of an
underground storage tank found to be the source of a release shall be strictly
liable to any owner or permittee of a nonleaking underground storage tank in
the vicinity, for all costs reasonably incurred by such nonleaking underground
storage tank owner or permittee in determining which tank was the source of the
release. [1987 c.539 §35]
466.830 Halting tank operation upon clear
and immediate danger. (1) Whenever, in the judgment of
the Department of Environmental Quality from the results of monitoring or
observation of an identified release, there is reasonable cause to believe that
a clear and immediate danger to the public health, welfare, safety or the
environment exists from the continued operation of an underground storage tank,
the department may, without hearing or prior notice, order the operation of the
underground storage tank or site halted by service of an order on the owner or
permittee of the underground storage tank or site.
(2)
Within 24 hours after the order is served under subsection (1) of this section,
the department shall appear in the appropriate circuit court to petition for
the equitable relief required to protect the public health, safety, welfare or
the environment. [1987 c.539 §36]
466.835 Compliance and correction costs as
lien; enforcement. (1) All compliance and
corrective action costs, penalties and damages for which a person is liable to
the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon
any real and personal property owned by the person.
(2)
The Department of Environmental Quality shall file a claim of lien on real
property to be charged with a lien under subsection (1) of this section with
the recording officer of each county in which the real property is located and
shall file a claim of lien on personal property to be charged with a lien under
subsection (1) of this section with the Secretary of State. The lien shall
attach and become enforceable on the date of the filing. The lien claim shall
contain:
(a)
A statement of the demand;
(b)
The name of the person against whose property the lien attaches;
(c)
A description of the property charged with the lien sufficient for identification;
and
(d)
A statement of the failure of the person to conduct compliance and corrective
actions as required.
(3)
A lien created by this section may be foreclosed by a suit on real and personal
property in the circuit court in the manner provided by law for the foreclosure
of liens.
(4)
Nothing in this section shall affect the right of the state to bring an action
against any person to recover all costs and damages for which a person is
liable under the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §37]
466.837 Noncompliance penalties for
specific underground storage tank violations; waiver of right to appeal;
advisory committee; rules. (1) Notwithstanding ORS 466.994,
the Environmental Quality Commission shall adopt rules for and implement a
program for the assessment and expedited imposition of noncompliance penalties
for specific underground storage tank violations. The Department of
Environmental Quality shall form an advisory committee to assist the commission
in the development of the program.
(2)
Permittee participation in the program is voluntary. Participants shall agree
to accept the penalty assessed under the program as the final order by the
Department of Environmental Quality and shall agree to waive any right to an
appeal or any other judicial review of the department’s determination of a
violation or assessment of a fine.
(3)
A penalty assessed under this program may not be less than $50 or greater than
$500 per individual violation. Penalties imposed in the aggregate may not be
more than $1,500 per facility per inspection date.
(4)
The fees collected by the department under this section shall be deposited into
the State Treasury to the credit of an account of the department. All fees paid
to the department shall be continuously appropriated to the department for the
purposes of providing support to the program, technical assistance or operator
training or meeting other needs of the department. [2001 c.754 §13; 2007 c.479 §2]
(Financial Assistance Programs)
466.840 Legislative findings.
The Legislative Assembly finds that:
(1)
The upgrading of underground storage tanks and the improving of such tanks and
associated equipment are necessary to protect the public health and safety and
the environment.
(2)
The costs of upgrading leaking underground storage tanks, purchasing improved
equipment and cleaning up the contamination caused by leaking underground
storage tanks, including the costs of disposal, remediation or other treatment
of soil contaminated as a result of leaking underground storage tanks, exceed
the financial capacity of many owners and operators of underground storage
tanks.
(3)
The availability of motor vehicle fuel is necessary to create and retain
employment and to encourage tourism in Oregon.
(4)
It is the intent and policy of the Legislative Assembly to:
(a)
Insure the funding and support of remedial action and replacement of leaking
underground storage tanks and associated equipment, while allowing the owners
and operators to continue to operate their businesses in Oregon; and
(b)
In order to insure such funding and support, prevent a local unit of government
from imposing taxes, fees or surcharges on soil generated as a result of
remedial action or replacement of leaking underground storage tanks. [1993
c.661 §2]
466.845 Commission authority to accept and
expend moneys received for financial assistance programs.
(1) The Environmental Quality Commission may accept and expend moneys from any
public or private source, including the federal government, made available for
the purpose of carrying out financial assistance programs for owners and
operators of storage tanks containing motor vehicle fuel.
(2)
All moneys and the proceeds of all moneys received by the Environmental Quality
Commission under this section shall be deposited in the Underground Storage
Tank Compliance and Corrective Action Fund to be used for the purposes for
which they were made available and shall be expended in accordance with the
terms and conditions upon which they were made available. [1993 c.661 §3]
466.850
[1997 c.838 §1; repealed by 1999 c.880 §8]
466.855
[1997 c.838 §2; repealed by 1999 c.880 §8]
(Heating Oil Tanks)
466.858 Heating oil tank regulatory
program; license to provide heating oil tank services; certification of
corrective action. (1) The Environmental Quality
Commission shall adopt a heating oil tank program to regulate the
decommissioning of heating oil tanks and the corrective action of soil
contamination resulting from the release of oil from heating oil tanks.
(2)
The program adopted under subsection (1) of this section shall include:
(a)
A procedure to license persons who demonstrate, to the satisfaction of the
Department of Environmental Quality, the ability to provide heating oil tank
services.
(b)
An educational pamphlet on the proper procedure to decommission heating oil
tanks.
(c)
A certification program that allows the department to certify the voluntary
decommissioning of heating oil tanks or to approve a corrective action that is
certified to be complete by a person licensed under ORS 466.868 to perform such
corrective action. [1999 c.979 §2]
466.860 [1997
c.838 §3; repealed by 1999 c.880 §8]
466.862 License required to provide heating
oil tank services. No person shall perform or offer
to perform heating oil tank services without first obtaining the license
required under ORS 466.868. [1999 c.979 §3]
466.865 [1997
c.838 §4; repealed by 1999 c.880 §8]
466.868 Licensing requirements; annual
fee; registry of licensees; revocation of license.
(1) In order to obtain a license under the program established pursuant to ORS
466.858, a person shall provide to the Department of Environmental Quality:
(a)
A certificate of insurance in an amount adequate to pay for any additional
corrective action necessary as a result of an improper or inadequate
decommissioning or corrective action approved by the department.
(b)
A summary of all projects completed since the applicant last applied for a
license, including the costs of those projects.
(c)
For each individual license, a demonstration of ability, which may consist of
written or field examinations.
(d)
Any other information deemed necessary by the department.
(e)
An annual license fee. The fee shall be:
(A)
$750 for the business, including but not limited to corporations, limited
partnerships and sole proprietorships, engaged in the performance of heating
oil tank services; and
(B)
$75 for each individual employed by the business and charged with the
supervisory responsibility to direct and oversee the performance of tank
services at a facility.
(2)
The department shall maintain a registry of all persons licensed under this
section, including a summary of the project information required in the
application.
(3)
In accordance with ORS chapter 183, the department may revoke a license of any
person offering heating oil tank services who commits fraud or deceit in
obtaining a license or who demonstrates negligence or incompetence in
performing the heating oil tank services. [1999 c.979 §4]
466.870 [1997
c.838 §5; repealed by 1999 c.880 §8]
466.872 Certification of voluntary
decommissioning or approval of corrective action; fee.
(1) In establishing the requirements to certify a voluntary decommissioning or
to approve corrective action on the basis of a certification received from a
heating oil tank service provider, the Department of Environmental Quality
shall include:
(a)
A process for conducting inspections of sites where a heating oil tank has been
decommissioned or where a heating oil tank service provider certifies
corrective action is complete;
(b)
The specific information that a person must submit to certify that corrective
action is complete;
(c)
Provisions that allow the department to reject certification and require
additional corrective action prior to approval by the department that the
certification is complete and complies with the standard set forth in ORS
465.315; and
(d)
Provisions to require additional information about a decommissioning before
certifying the decommissioning.
(2)
Any person requesting certification of a heating oil tank decommissioning under
subsection (1) of this section shall file a request with the department
accompanied by a filing fee of $75.
(3)
Any person requesting certification of a heating oil tank corrective action
under subsection (1) of this section shall file a request with the department
accompanied by a filing fee of $200. [1999 c.979 §6; 2001 c.755 §1; 2007 c.85 §1]
466.878 Required actions when use of
underground heating oil tank is terminated; requirements at time of sale of
real property containing abandoned heating oil tank.
(1) When the use of an underground heating oil tank is terminated because the
tank is replaced or an oil-heated building or residence is converted to a
different primary source of heat:
(a)
The property owner shall ensure that the underground heating oil tank has been
emptied of oil, which shall be appropriately managed.
(b)
The vent line shall be left in place if the tank is not decommissioned.
(c)
The person installing the new heating equipment shall advise the property owner
that it is illegal to disconnect a heating oil tank without pumping out the
tank and that there are practices recommended by the Department of
Environmental Quality for decommissioning a heating oil tank.
(2)
When real property is sold, the seller shall ensure that any abandoned heating
oil tank that is known to be on the property has been emptied of oil, which
shall be appropriately managed, and the seller shall provide to the buyer
documentation showing that the tank has been emptied. [1999 c.880 §6]
466.880
[Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17; 1987 c.266 §1; 1991
c.734 §35; renumbered 466.990 in 1997]
466.882 Rules.
The Environmental Quality Commission shall adopt rules necessary to carry out
ORS 466.858 to 466.878. The rules shall include but need not be limited to:
(1)
A voluntary process for certifying the decommissioning of an abandoned
underground heating oil tank;
(2)
Information required to be submitted by a licensed heating oil tank service
provider or homeowner to allow the Department of Environmental Quality to
approve a heating oil tank corrective action;
(3)
Requirements for the approval of decommissioning;
(4)
Standards to define adequate tank decommissioning; and
(5)
Requirements for the approval by the Department of Environmental Quality of
decommissioning of underground heating oil tanks that were decommissioned
before August 17, 1999. [1999 c.979, §7; 1999 c.979 §16]
466.890 [1985
c.685 §2; renumbered 466.992 in 1997]
466.895 [1987
c.539 §39; 1989 c.171 §61; 1991 c.734 §36; renumbered 466.994 in 1997]
466.900 [1987
c.735 §23; renumbered 465.900 in 1989]
UNDERGROUND STORAGE TANKS HOLDING
AIRCRAFT OR MARINE FUEL
466.901 Definitions for ORS 466.901 to
466.915. As used in ORS 466.901 to 466.915:
(1)
“Commission” means the Environmental Quality Commission.
(2)
“Corrective action” means remedial action taken to protect the present or
future public health, safety or welfare or the environment from a release of
aircraft or marine fuel. “Corrective action” includes but is not limited to:
(a)
The prevention, elimination, removal, abatement, control, minimization,
investigation, assessment, evaluation or monitoring of a hazard or potential
hazard or threat, including migration of released aircraft or marine fuel; or
(b)
Transportation, storage, treatment or disposal of aircraft or marine fuel or
contaminated material from a site.
(3)
“Department” means the Department of Environmental Quality.
(4)
“Facility” means any one or combination of fuel tanks and pipes connected to
the tanks, used to contain an accumulation of aircraft or marine fuel including
gasoline or diesel oil, that are located at one contiguous geographical site.
(5)
“Fuel tank” means an underground storage tank, as defined in ORS 466.706, used
to contain an accumulation of aircraft or marine fuel.
(6)
“Investigation” means monitoring, surveying, testing or other information
gathering.
(7)
“Owner” means the owner of a fuel tank.
(8)
“Port” has the meaning given that term in ORS 777.005. ”Port” includes an
airport, as defined in ORS 836.005, that is owned by a port.
(9)
“Release” means the discharge, deposit, injection, dumping, spilling, emitting,
leaking or placing of aircraft or marine fuel from a fuel tank into the air or
into or on land or the waters of the state, other than as authorized by a
permit issued under state or federal law.
(10)
“Stage I vapor collection system” means a system where fuel vapors are forced
from a tank into a vapor-tight holding system or vapor control system through
direct displacement by the fuel being loaded.
(11)
“Stage II vapor collection system” means a system where at least 90 percent, by
weight, of the fuel vapors that are displaced or drawn from a fuel tank during
refueling are transferred to a vapor-tight holding system or vapor control
system.
(12)
“Waters of the state” has the meaning given that term in ORS 468B.005. [1997
c.788 §1]
Note:
466.901 to 466.920 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 466 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
466.903 Financial assistance program for
fuel tanks holding aircraft or marine fuel; application; fees.
(1) The Department of Environmental Quality shall conduct a financial
assistance program as described in this section and ORS 466.905, for the
purpose of upgrading or replacing fuel tanks, conducting corrective action or
installing stage I and II vapor collection system underground piping, hoses and
nozzles at a fuel tank facility holding an accumulation of aircraft or marine
fuel for resale.
(2)
An applicant for financial assistance shall submit an application for financial
assistance to bring the applicant’s fuel tank facility into compliance with any
applicable technical and financial responsibility requirements.
(3)
An applicant under subsection (2) of this section shall sign a consent
agreement with the department to bring the applicant’s fuel tank facility into
compliance with all applicable technical and financial responsibility
requirements. In the consent agreement, the department may require the
applicant to conduct daily inventory control and reconciliation, investigate a
suspected release, report a confirmed release within 24 hours, determine
whether an imminent hazard exists through adequate investigation and testing
and conduct other reasonable fuel tank facility management activities that do
not require capital investment.
(4)
An applicant who the department determines is eligible for financial assistance
shall not be subject to enforcement action under ORS 466.706 to 466.882 and
466.994 if the applicant is making a good faith effort to:
(a)
Bring the applicant’s fuel tank facility into compliance with all technical and
financial responsibility requirements on or before December 22, 1998; or
(b)
Permanently close the fuel tank facility in accordance with applicable fuel
tank requirements on or before December 22, 1998.
(5)
In order to manage the funds available in the Fuel Tank Compliance and
Corrective Action Fund, and to process the projected number of financial
assistance applications, the department may establish a schedule for starting
construction of the projects receiving financial assistance under this section
and ORS 466.905. If the department finds that it is necessary to adjust an
applicant’s schedule, the department shall consult with the applicant in
establishing the new schedule. The applicant’s financial assistance from the
department shall not be adversely affected by a schedule change imposed by the
department.
(6)
Any port that does not submit an application for financial assistance shall
comply with all applicable technical and financial responsibility requirements.
Any port that receives financial assistance shall comply with all applicable
technical and financial responsibility requirements within 60 days after
completing the upgrade or replacement project.
(7)
An applicant for financial assistance shall:
(a)
Hold a valid underground storage tank permit for the facility for which the
applicant is requesting the assistance;
(b)
Pay all annual underground storage tank compliance fees, including any fees
currently due;
(c)
Take appropriate corrective action in accordance with rules of the
Environmental Quality Commission in the event of an imminent hazard involving
ground water contamination or a threat of fire and explosion from a spill or
release of fuel; and
(d)
If the applicant closes a fuel tank facility, conduct closure operations in
accordance with requirements established by rule by the commission. [1997 c.788
§2]
Note: See
note under 466.901.
466.905 Eligibility for financial assistance;
amount of grants. (1) Any port that owns or is responsible
for a fuel tank holding an accumulation of aircraft or marine fuel for resale
may be eligible for the financial assistance program established pursuant to
this section and ORS 466.903. The financial assistance may be used to upgrade
or replace a fuel tank, conduct corrective action or install stage I and II
vapor collection system underground piping, hoses and nozzles at a fuel tank
facility in conformity with applicable state and federal fuel tank, air quality
and corrective action rules. If the port owns or is responsible for more than
one fuel tank facility, the port is eligible for all applicable financial
assistance for each facility.
(2)
Any port owning or responsible for 12 or fewer tanks, and meeting the criteria
in subsection (3) of this section, may be eligible for a fuel tank essential
services grant. The grant may be for an amount of 75 percent of eligible
project costs but shall not exceed $75,000.
(3)
An applicant for a fuel tank essential services grant also shall be the sole
supplier of aircraft or marine fuel for the port. [1997 c.788 §3]
Note: See
note under 466.901.
466.907 Rules.
The Environmental Quality Commission may adopt rules to implement the financial
assistance program established by ORS 466.903 and 466.905. However, to the
maximum extent possible, the Department of Environmental Quality shall rely on
existing rules adopted by the commission to carry out other programs providing
financial assistance to owners or operators of underground storage tank
facilities. [1997 c.788 §4]
Note: See
note under 466.901.
466.910 Sources of funds; disposition.
(1) The Environmental Quality Commission may accept and expend moneys from any
public or private source, including the federal government, made available for
the purpose of carrying out the financial assistance program established by ORS
466.903 and 466.905.
(2)
All moneys and the proceeds of all moneys received by the commission under this
section shall be deposited in the Fuel Tank Compliance and Corrective Action
Fund to be used for the purposes for which they were made available and shall
be expended in accordance with the terms and conditions upon which they were
made available. [1997 c.788 §5]
Note: See
note under 466.901.
466.913 Fuel Tank Compliance and Corrective
Action Fund. (1) The Fuel Tank Compliance and
Corrective Action Fund is established separate and distinct from the General
Fund in the State Treasury.
(2)
The following moneys, as they pertain to a fuel tank facility, shall be
deposited into the State Treasury and credited to the Fuel Tank Compliance and
Corrective Action Fund:
(a)
Moneys recovered or otherwise received from responsible parties for corrective
action related to a fuel tank facility;
(b)
Moneys allocated to the fund from the Administrative Services Economic
Development Fund;
(c)
Any penalty or damages recovered under ORS 466.770 pertaining to a fuel tank
facility; and
(d)
Any moneys received pursuant to ORS 466.910.
(3)
The State Treasurer may invest and reinvest moneys in the fund in the manner
provided by law.
(4)
The moneys in the fund are appropriated continuously to the Department of
Environmental Quality to be used as provided in subsection (5) of this section.
(5)
Moneys in the fund may be used by the department for administration and funding
of the essential services grant program established under ORS 466.903 and
466.905. [1997 c.788 §6; 2011 c.597 §207]
Note: See
note under 466.901.
466.915 Memorandum of understanding with
State Marine Board or Department of Transportation.
The Department of Environmental Quality may enter into a memorandum of
understanding with the State Marine Board or the Department of Transportation
that provides for the State Marine Board or the Department of Transportation to
manage essential services grants awarded to eligible ports, as determined by
the Department of Environmental Quality under ORS 466.903 and 466.905. [1997
c.788 §7]
Note: See
note under 466.901.
466.917 Priority of financial assistance
granted by Director of Transportation. In rendering
financial assistance under ORS 836.015, the Director of Transportation shall
give priority to any applicant who requests financial aid to cover those costs
of upgrading or replacing fuel tanks that exceed the amount of a grant awarded
to the applicant under ORS 466.903 and 466.905. In order to receive priority
under this section, the applicant shall:
(1)
Otherwise meet eligibility requirements for financial assistance under ORS
836.015; and
(2)
Be a recipient of a grant under ORS 466.903 and 466.905. [1997 c.788 §8]
Note: See
note under 466.901.
466.920 Priority for distribution of funds
by State Marine Board. Notwithstanding ORS 830.150
(2)(a), in distributing funds under ORS 830.150 (1), the State Marine Board
shall give priority to any applicant who applies for funds to cover those costs
of upgrading or replacing fuel tanks that exceed the amount of a grant awarded
to the applicant under ORS 466.903 and 466.905. In order to receive priority
under this section, the applicant shall:
(1)
Otherwise meet eligibility requirements for receipt of funds distributed under
ORS 830.150; and
(2)
Be a recipient of a grant under ORS 466.903 and 466.905. [1997 c.788 §9]
Note: See
note under 466.901.
CIVIL PENALTIES
466.990 Civil penalties generally.
(1) In addition to any other penalty provided by law, any person who violates
ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental
Quality Commission rule or any order of the commission or Department of
Environmental Quality pertaining to the generation, treatment, storage,
disposal or transportation by air or water of hazardous waste, as defined by
ORS 466.005, shall incur a civil penalty not to exceed $25,000 for each day of
the violation.
(2)
The civil penalty authorized by subsection (1) of this section shall be imposed
in the manner provided by ORS 468.135.
(3)
In addition to any other penalty provided by law, any person who violates a
provision of ORS 466.605 to 466.680, or any rule or order entered or adopted
under ORS 466.605 to 466.680, shall incur a civil penalty not to exceed
$25,000. Each day of violation shall be considered a separate offense.
(4)
The civil penalty authorized by subsection (3) of this section shall be imposed
in the manner provided by ORS 468.135, except that a penalty collected under
this section shall be deposited to the fund established in ORS 466.670. [Formerly
466.880; 2009 c.267 §4]
466.992 Civil penalties for damage to
wildlife resulting from contamination of food or water supply.
(1) Any person who has care, custody or control of a hazardous waste or a
substance that would be a hazardous waste except for the fact that it is not
discarded, useless or unwanted shall incur a civil penalty according to the
schedule set forth in ORS 496.705 for the destruction, due to contamination of
food or water supply by such waste or substance, of any of the wildlife
referred to in ORS 496.705 that are the property of the state.
(2)
The civil penalty imposed under this section shall be in addition to other penalties
prescribed by law. [Formerly 466.890; 2009 c.267 §5]
466.994 Civil penalties for violations of
underground storage tank regulations. (1) Any
person who violates any provision of ORS 466.706 to 466.882 and this section, a
rule adopted under ORS 466.706 to 466.882 and this section or the terms or
conditions of any order or permit issued by the Department of Environmental
Quality under ORS 466.706 to 466.882 and this section shall be subject to a
civil penalty not to exceed $25,000 per violation per day of violation.
(2)
Each violation may be a separate and distinct offense and in the case of a
continuing violation, each day’s continuance thereof may be deemed a separate
and distinct offense.
(3)
The civil penalties authorized under this section shall be imposed in the
manner provided by ORS 468.135 except that a penalty collected under subsection
(1) of this section shall be deposited to the fund established in ORS 466.791. [Formerly
466.895; 2001 c.754 §7; 2009 c.267 §6]
CRIMINAL PENALTIES
466.995 Criminal penalties.
(1) Penalties provided in this section are in addition to and not in lieu of
any other remedy specified in ORS 459.005 to 459.105, 459.205 to 459.385,
466.005 to 466.385 or 466.992.
(2)
Subject to ORS 153.022, violation by any person of a provision of ORS 466.605
to 466.680 or of any rule or order entered or adopted under ORS 466.605 to
466.680 is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine
for a violation is $25,000. Each day of violation shall be considered a
separate offense.
(3)
Subject to ORS 153.022, any person who knowingly violates any provision of ORS
466.706 to 466.882 and 466.994 or the rules adopted under ORS 466.706 to
466.882 and 466.994 commits a Class A misdemeanor. Notwithstanding ORS 161.635,
the maximum fine for a violation is $25,000. Each day of violation shall be
deemed a separate offense.
(4)
Subject to ORS 153.022, any person who knowingly violates any provision of ORS
465.200 to 465.545 or any rule or order adopted or issued under ORS 465.200 to
465.545 commits a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum
fine for a violation is $25,000. Each day of violation shall be deemed a
separate offense.
(5)
Notwithstanding ORS 161.655, if a person incurring a fine under this section is
a corporation, the corporation shall pay the fine provided for under this
section. [Formerly 459.992; (3) enacted by 1985 c.733 §18; 1987 c.158 §93;
subsection (4) enacted as 1987 c.539 §38; subsection (5) enacted as 1987 c.735 §24;
1993 c.422 §18; 1999 c.1051 §304; 2009 c.267 §7; 2011 c.597 §208]
_______________