onecle

Oregon Statutes - Chapter 465 - Hazardous Waste and Hazardous Materials I - Section 465.405 - Rules; “confirmed release”; “preliminary assessment.”

(1) The Environmental Quality Commission shall adopt by rule:

(a) A definition of “confirmed release” and “preliminary assessment”; and

(b) Criteria to be applied by the Director of the Department of Environmental Quality in determining whether to remove a facility from the list and inventory under ORS 465.230.

(2) In adopting rules under this section, the commission shall exclude from the list and inventory the following categories of releases to the extent the commission determines the release poses no significant threat to present or future public health, safety, welfare or the environment:

(a) De minimis releases;

(b) Releases that by their nature rapidly dissipate to undetectable or insignificant levels;

(c) Releases specifically authorized by and in compliance with a current and legally enforceable permit issued by the Department of Environmental Quality or the United States Environmental Protection Agency; or

(d) Other releases that the commission finds pose no significant threat to present and future public health, safety, welfare or the environment.

(3) The director shall exclude from the list and inventory releases the director determines have been cleaned up to a level that:

(a) Is consistent with rules adopted by the commission under ORS 465.400; or

(b) Poses no significant threat to present or future public health, safety, welfare or the environment. [1989 c.485 §7]

Section:  Previous  465.380  465.381  465.385  465.386  465.390  465.391  465.400  465.405  465.410  465.420  465.425  465.430  465.435  465.440  465.445  Next

Last modified: August 7, 2008