Oregon Statutes - Chapter 468 - Environmental Quality Generally

468.005 Definitions.
As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless...
468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses.
(1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate...
468.015 Functions of commission.
It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner...
468.020 Rules and standards.
(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary...
468.030 Department of Environmental Quality.
There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as...
468.035 Functions of department.
(1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (a) Shall encourage voluntary cooperation by the people, municipalities, counties,...
468.040 Director; salary.
The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the...
468.045 Functions of director; delegation.
(1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall: (a) Be administrative head of the...
468.050 Deputy director.
(1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of...
468.055 Contracts with Department of Human Services.
In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Department of Human Services, the...
468.060 Enforcement of rules by health agencies.
On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Department of Human Services or to any county,...
468.062 Authority of Department of Environmental Quality to require fingerprints.
For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Department of Environmental Quality may require the fingerprints of...
468.065 Issuance of permits; content; fees; use.
Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468,...
468.067 Organizational standing to seek judicial review of final order in Title V permit proceeding.
(1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310,...
468.068 [1997 c.569 §§3,4(2); renumbered 468B.047 in 1999]
468.070 Denial, modification, suspension or revocation of permits.
(1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to...
468.073 Expedited or enhanced regulatory process; payment; disposition of payments.
(1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the...
468.075 Revolving fund; uses.
(1) On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative...
468.076 Definitions for ORS 468.076 to 468.089.
As used in ORS 468.076 to 468.089: (1) �Person� means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private...
468.078 Action for pollution originating in Oregon.
Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in...
468.079 Action for pollution originating in reciprocating jurisdiction.
A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may...
468.080 Applicability of Oregon law.
The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes �pollution,� is the law of...
468.081 Rights of injured person.
ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person...
468.083 Right conferred under ORS 468.076 to 468.087 in addition to other rights.
The right provided in ORS 468.076 to 468.087 is in addition to, and not in derogation of, any other right. [1991 c.826 §7] Note: See...
468.085 Sovereign immunity defense.
The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extent that it...
468.087 Application and construction of ORS 468.076 to 468.087.
ORS 468.076 to 468.087 shall be applied and construed to carry out the general purpose of ORS 468.076 to 468.089 to make uniform the law...
468.089 Short title.
ORS 468.076 to 468.087 shall be known and may be cited as the �Uniform Transboundary Pollution Reciprocal Access Act.� [1991 c.826 §1] Note: See note...
468.090 Complaint procedure.
(1) In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the...
468.095 Investigatory authority; entry on premises; status of records.
(1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises...
468.100 Enforcement procedures; powers of regional authorities; status of procedures.
(1) Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or...
468.105 [Repealed by 1974 c.36 §28]
468.110 Appeal; power of court to stay enforcement.
Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of...
468.115 Enforcement in cases of emergency.
(1) Whenever it appears to the Department of Environmental Quality that water pollution or air pollution or air contamination is presenting an imminent and substantial...
468.120 Public hearings; subpoenas, oaths, depositions.
(1) The Environmental Quality Commission, its members or a person designated by and acting for the commission may: (a) Conduct public hearings. (b) Issue subpoenas...
468.125 [Formerly 449.967; 1977 c.317 §2; 1983 c.703 §17; 1985 c.735 §3; 1987 c.741 §19; repealed by 1991 c.650 §8 (468.126 enacted in lieu of 468.125)]
468.126 Advance notice.
(1) No civil penalty prescribed under ORS 468.140 shall be imposed for a violation of an air, water or solid waste permit issued by the...
468.130 Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.
(1) The Environmental Quality Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a...
468.135 Imposition of civil penalties.
(1) Any civil penalty under ORS 468.140 shall be imposed in the manner provided in ORS 183.745. (2) All penalties recovered under ORS 468.140 shall...
468.140 Civil penalties for specified violations.
(1) In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each...
468.150 Field sanitation and straw utilization and disposal methods as �pollution control facilities.�
After alternative methods for field sanitation and straw utilization and disposal are approved by the Department of Environmental Quality, �pollution control facility,� as defined in...
468.153 Legislative findings and declarations.
(1) The Legislative Assembly finds that the concept of environmental responsibility has matured beyond basic compliance with regulatory requirements to one in which citizens and...
468.155 Definitions for ORS 468.155 to 468.190.
(1)(a) As used in ORS 468.155 to 468.190, unless the context requires otherwise, �pollution control facility� or �facility� means any land, structure, building, installation, excavation,...
468.160 Policy.
In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control...
468.163 Commencement of construction or installation of facility.
For purposes of ORS 468.155 to 468.190, the construction or installation of a facility is commenced when the person constructing or installing the facility has...
468.165 Application for certification of pollution control facilities; rules; fees.
(1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.170 of a pollution control facility or portion thereof erected, constructed...
468.167 Application for precertification.
(1) Any person proposing to apply for certification for tax relief under ORS 468.155 to 468.190 may apply, before the completion of a pollution control...
468.170 Action on application; rejection; appeal; issuance of certificate; certification.
(1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.165....
468.172 �Environmental management system� defined.
As used in ORS 468.173, �environmental management system� means a continual cycle of planning, implementing, reviewing and improving the actions undertaken at the facility to...
468.173 Applicable percentage of certified cost of facility eligible for tax credit.
For purposes of ORS 315.304, the applicable percentage of the certified cost of a facility shall be one of the following: (1) If the facility...
468.175 [1973 c.831 §2; 1975 c.496 §5; 1977 c.795 §5; 1979 c.802 §5; repealed by 1989 c.802 §8]
468.180 Conditions for issuance of certificate under ORS 468.170.
(1) No certification shall be issued by the Environmental Quality Commission pursuant to ORS 468.170 unless the facility, facilities or part thereof was erected, constructed...
468.183 Revocation of certification for loss of Green Permit.
(1) If a person has obtained pollution control facility certification in which the applicable percentage is 35 percent because of issuance of a Green Permit...
468.185 Procedure to revoke certification; reinstatement.
(1) Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued...
468.187 [1981 c.710 §2; repealed by 1984 c.1 §18]
468.190 Allocation of costs to pollution control; rules.
(1) Subject to subsections (2), (3) and (4) of this section, in establishing the portion of costs properly allocable to the prevention, control or reduction...
468.195 Issuance of bonds authorized; principal amount.
In order to provide funds for the purposes specified in Article XI-H of the Oregon Constitution, the Department of Environmental Quality may request the State...
468.200 [Formerly 449.675; repealed by 1981 c.660 §18]
468.205 [Formerly 449.677; repealed by 1981 c.660 §18]
468.210 [Formerly 449.680; 1975 c.462 §14; repealed by 1981 c.660 §18]
468.215 Pollution Control Fund.
The money realized from the sale of each issue of bonds under ORS 468.195 shall be credited to a special fund in the State Treasury,...
468.220 Department to administer fund; uses; legislative approval of grants; administrative assessment.
(1) The Department of Environmental Quality shall be the agency for the State of Oregon for the administration of the Pollution Control Fund. The department...
468.225 Investment of gross proceeds of agency bonds or other obligations.
All amounts that are treated as gross proceeds of agency bonds or other obligations, if invested, shall be invested in compliance with section 148 of...
468.230 Pollution Control Sinking Fund; use; limitation.
(1) The Environmental Quality Commission shall maintain, with the State Treasurer, a Pollution Control Sinking Fund, separate and distinct from the General Fund. The Pollution...
468.235 [Formerly 449.692; repealed by 1991 c.220 §15]
468.240 Remedy where default occurs on payment to state.
If any municipal corporation, city or county defaults on payments due to the state under ORS 468.195 to 468.260, the state may withhold any amounts...
468.245 Acceptance of federal funds.
The Environmental Quality Commission may accept assistance, grants and gifts, in the form of money, land, services or any other thing of value from the...
468.250 Participation in matching fund programs with federal government.
(1) The Environmental Quality Commission may participate on behalf of the State of Oregon in any grant program funded in part by an agency of...
468.253 Authority of director to act to benefit fund.
(1) Notwithstanding any other provision of law, if the Director of the Department of Environmental Quality finds that it will benefit the financial condition of...
468.255 Limit on grants and loans.
Any funds advanced by the Environmental Quality Commission by grant shall not exceed 30 percent of the total project costs for eligible projects or for...
468.260 Return of unexpended funds to state required; use of returned funds.
Any proceeds unexpended after a project is constructed and inspected, and after records relating thereto are audited by the Environmental Quality Commission, shall be returned...
468.263 Definitions for ORS 468.263 to 468.272.
As used in ORS 468.263 to 468.272, unless the context requires otherwise: (1) �Bonds� means revenue bonds or other types of obligations authorized by ORS...
468.264 Policy.
The Legislative Assembly finds: (1) That control of environmental damage and general health and welfare of the citizens of the State of Oregon is promoted...
468.265 Powers of county over pollution control facilities; limitations.
(1) In addition to any other powers which it may now have, each county shall have the following powers, together with all powers incidental thereto...
468.266 Issuance of bonds.
(1) All principal of and interest on bonds issued pursuant to ORS 468.263 to 468.272 shall be payable solely out of the revenues, proceeds and...
468.267 Security for bonds.
The principal of and interest on any bonds shall be secured by a pledge of the revenues, proceeds and receipts or any portion thereof out...
468.268 Enforcement of bond obligation.
(1) The proceedings authorizing any bonds and any mortgage securing such bonds may provide that, in the event of a default in the payment of...
468.269 Trustees; powers.
The proceedings authorizing the issuance of bonds may provide for the appointment of one or more trustees for the protection of the holders of the...
468.270 Tax status of leasehold interest in facilities.
Nothing in ORS 468.263 to 468.272 is intended to exempt from taxation or assessment the leasehold interest of any lessee in any facility nor are...
468.271 Effect on procedure of awarding contracts; construction.
(1) The construction, reconstruction or improvement of any facilities shall be completed in the manner determined by the governing body and shall be free from...
468.272 Application of other laws relating to bonds.
Any restrictions, limitations, conditions or procedures provided by other statutes relating to the issuance and sale of bonds or other obligations do not apply to...
468.275 [Formerly 449.760; 1983 c.333 §1; renumbered 468A.005 in 1991]
468.280 [Formerly 449.765; renumbered 468A.010 in 1991]
468.285 [Formerly 449.770; renumbered 468A.015 in 1991]
468.290 [Formerly 449.775; 1975 c.559 §3; 1983 c.333 §2; 1983 c.730 §3; 1991 c.752 §16; renumbered 468A.020 in 1991]
468.295 [Formerly 449.785; renumbered 468A.025 in 1991]
468.300 [Formerly 449.825; renumbered 468A.030 in 1991]
468.305 [Formerly 449.782; renumbered 468A.035 in 1991]
468.310 [Formerly 449.727; 1991 c.752 §17; renumbered 468A.040 in 1991]
468.315 [Formerly 449.731; 1991 c.752 §18; renumbered 468A.045 in 1991]
468.320 [Formerly 449.707; renumbered 468A.050 in 1991]
468.325 [Formerly 449.712; 1985 c.275 §1; renumbered 468A.055 in 1991]
468.330 [Formerly 449.739; renumbered 468A.060 in 1991]
468.335 [Formerly 449.722; renumbered 468A.065 in 1991]
468.340 [Formerly 449.702; 1991 c.67 §129; renumbered 468A.070 in 1991]
468.345 [Formerly 449.810; renumbered 468A.075 in 1991]
468.350 [1975 c.552 §34; renumbered 468A.080 in 1991]
468.355 [1981 c.765 §2; renumbered 468A.085 in 1991]
468.357 [1989 c.1070 §9; renumbered 468A.775 in 1991]
468.358 [1989 c.1070 §12; renumbered 468A.780 in 1991]
468.359 [1989 c.1070 §11; renumbered 468A.785 in 1991]
468.360 [Formerly 449.949; 1975 c.670 §4; 1983 c.338 §932; renumbered 468A.350 in 1991]
468.365 [Formerly 449.951; renumbered 468A.355 in 1991]
468.370 [Formerly 449.957; 1974 c.73 §1; renumbered 468A.360 in 1991]
468.375 [Formerly 449.953; 1974 c.73 §2; 1975 c.535 §2; 1977 c.298 §3; 1983 c.196 §1; 1985 c.16 §466; 1989 c.171 §62; renumbered 468A.365 in 1991]
468.377 [1977 c.298 §2; 1985 c.222 §3; renumbered 468A.370 in 1991]
468.380 [Formerly 449.963; renumbered 468A.375 in 1991]
468.385 [Formerly 483.815; repealed by 1983 c.338 §978]
468.390 [1973 c.835 §72; 1974 c.73 §4; 1983 c.338 §933; renumbered 468A.380 in 1991]
468.395 [Formerly 449.955; 1983 c.338 §934; renumbered 468A.385 in 1991]
468.397 [1985 c.222 §2; renumbered 468A.390 in 1991]
468.400 [Formerly 449.959; 1983 c.338 §935; 1991 c.331 §68; renumbered 468A.395 in 1991]
468.405 [Formerly 449.965; 1974 c.73 §5; 1975 c.535 §3; 1977 c.704 §10; 1981 c.294 §1; 1983 c.338 §936; renumbered 468A.400 in 1991]
468.410 [Formerly 449.747; renumbered 468A.405 in 1991]
468.415 [Formerly 449.751; renumbered 468A.410 in 1991]
468.420 [Formerly 449.753; renumbered 468A.455 in 1991]
468.423 Definitions for ORS 468.423 to 468.440.
As used in ORS 468.423 to 468.440: (1) �Fund� means the Water Pollution Control Revolving Fund established under ORS 468.427. (2) �Public agency� means: (a)...
468.425 Policy.
It is declared to be the policy of this state: (1) To aid and encourage public agencies required to provide treatment works for the control...
468.427 Water Pollution Control Revolving Fund; sources.
(1) The Water Pollution Control Revolving Fund is established separate and distinct from the General Fund in the State Treasury. The moneys in the Water...
468.428 Lottery bonds.
(1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued to provide loans and other financial assistance to public agencies, as defined in...
468.429 Uses of revolving fund.
(1) The Department of Environmental Quality shall use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance: (a) To public agencies...
468.430 [1983 c.218 §1; repealed by 1985 c.222 §6]
468.431 Water Pollution Control Administration Fund; sources; uses.
(1) The Water Pollution Control Administration Fund is established separate and distinct from the General Fund in the State Treasury. Moneys in the Water Pollution...
468.433 Duties of department; public agency loan program.
(1) In administering the Water Pollution Control Revolving Fund, the Department of Environmental Quality shall: (a) Allocate funds for loans in accordance with procedures adopted...
468.435 [1983 c.218 §2; repealed by 1985 c.222 §6]
468.437 Loan applications; eligibility; repayment; default remedy.
(1) Any public agency desiring a loan from the Water Pollution Control Revolving Fund shall submit an application to the Department of Environmental Quality on...
468.439 Borrowing authority of public agency.
Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may: (1) Borrow money from the Water Pollution Control...
468.440 Loan terms and interest rates; considerations; rules.
(1) The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control...
468.450 [Formerly 449.840; repealed by 1991 c.920 §24]
468.451 Definitions for ORS 468.451 to 468.491.
As used in ORS 468.451 to 468.491: (1) �Investment� means the amount of money a person invests to acquire or construct equipment, personal property or...
468.453 [1977 c.650 §3; 1979 c.181 §1; renumbered 468A.550 in 1991]
468.455 [Formerly 449.930; 1975 c.559 §4; 1977 c.650 §4; 1979 c.181 §2; repealed by 1991 c.920 §24]
468.456 Policy.
In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control...
468.458 [1975 c.559 §2; repealed by 1991 c.920 §24]
468.460 [Formerly 449.933; 1975 c.559 §5; 1977 c.650 §5; 1979 c.181 §3; 1991 c.920 §19; renumbered 468A.595 in 1991]
468.461 Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; rules; fee.
(1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.466 of an investment made by the person in Oregon to...
468.465 [Formerly 449.935; 1975 c.559 §6; repealed by 1991 c.920 §24]
468.466 Action on application; rejection; appeal; certification of investment.
(1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.461....
468.470 [Formerly 449.937; 1974 c.40 §1; 1975 c.559 §7; 1977 c.650 §6; 1979 c.181 §4; repealed by 1991 c.920 §24]
468.471 Preliminary certification of investment.
(1) Any person proposing to apply for certification of an investment under ORS 468.461, before making the investment, shall file a request for preliminary certification...
468.472 [1975 c.559 §9; repealed by 1991 c.920 §24]
468.474 [1975 c.559 §10; repealed by 1991 c.920 §24]
468.475 [Formerly 449.939; 1975 c.559 §11; 1977 c.650 §8; 1979 c.181 §5; repealed by 1991 c.920 §24]
468.476 Final certification.
Except if the Environmental Quality Commission, under ORS 468.471 (1), waives the requirement for preliminary certification, no final certification shall be issued by the commission...
468.480 [Formerly 449.941; 1975 c.559 §12; 1977 c.650 §10; 1979 c.181 §6; repealed by 1991 c.920 §24]
468.481 Revocation of certificate; consequences.
(1) Pursuant to the procedures for a contested case under ORS chapter 183, the Environmental Quality Commission may order the revocation of the certification issued...
468.485 [Formerly 449.943; 1974 c.36 §15; 1975 c.559 §13; repealed by 1977 c.650 §11]
468.486 Allocation of costs to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; rules.
(1) In establishing the portion of costs properly allocable to the investment costs incurred to allow a person to collect, transport or process reclaimed plastic...
468.490 [1977 c.650 §9; repealed by 1991 c.920 §24]
468.491 Limit on costs certified by commission for tax credit.
(1) The total of all costs of investments that receive a preliminary certification from the Environmental Quality Commission for tax credits in any calendar year...
468.495 [1977 c.650 §7; repealed by 1991 c.920 §24]
468.500 [Formerly 449.850; renumbered 468A.100 in 1991]
468.501 Definitions for ORS 468.501 to 468.521.
As used in ORS 468.501 to 468.521: (1) �Agency� means either the Department of Environmental Quality or the Lane Regional Air Pollution Authority created pursuant...
468.503 Purpose of Green Permits.
The purpose of ORS 468.501 to 468.521 is to authorize: (1) The issuance of Green Permits to persons regulated under the environmental laws of the...
468.505 [Formerly 449.855; renumbered 468A.105 in 1991]
468.506 Commission rulemaking to carry out Green Permit program.
The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of...
468.508 Eligibility for Green Permit.
Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a...
468.510 [Formerly 449.857; renumbered 468A.110 in 1991]
468.511 Environmental laws not applicable to facility operating under Green Permit.
Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law,...
468.513 Judicial review of agency decision on issuance of Green Permit.
The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue...
468.515 [Formerly 449.870; renumbered 468A.115 in 1991]
468.516 Termination of Green Permit.
If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after...
468.518 Application for permit or approval affected by termination of Green Permit.
After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall...
468.520 [Formerly 449.865; 1991 c.890 §1; renumbered 468A.120 in 1991]
468.521 Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected.
The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner: (1) The sponsor...
468.525 [Formerly 449.867; 1991 c.890 §2; renumbered 468A.125 in 1991]
468.530 [Formerly 449.885; 1983 c.233 §1; renumbered 468A.130 in 1991]
468.531 Legislative findings.
(1) The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing...
468.533 Willamette River Cleanup Authority; purposes; membership; powers.
(1) There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of: (a) The Governor; (b) Two members...
468.535 [1973 c.835 §99; 1987 c.660 §28; 1987 c.741 §20; renumbered 468A.135 in 1991]
468.540 [Formerly 449.910; renumbered 468A.140 in 1991]
468.545 [Formerly 449.863; renumbered 468A.145 in 1991]
468.550 [Formerly 449.890; renumbered 468A.150 in 1991]
468.555 [Formerly 449.883; 1991 c.752 §19; renumbered 468A.155 in 1991]
468.560 [Formerly 449.900; renumbered 468A.160 in 1991]
468.565 [Formerly 449.905; renumbered 468A.165 in 1991]
468.570 [Formerly 449.915; renumbered 468A.170 in 1991]
468.575 [Formerly 449.920; renumbered 468A.175 in 1991]
468.580 [Formerly 449.923; renumbered 468A.180 in 1991]
468.600 [1975 c.366 §1; renumbered 468A.650 in 1991]
468.605 [1975 c.366 §2; 1977 c.18 §1; 1977 c.206 §1; 1983 c.148 §1; renumbered 468A.655 in 1991]
468.610 [1977 c.206 §4; renumbered 468A.660 in 1991]
468.612 [1989 c.903 §2; renumbered 468A.625 in 1991]
468.614 [1989 c.903 §3; renumbered 468A.630 in 1991]
468.615 [1977 c.206 §2; repealed by 1987 c.414 §172]
468.616 [1989 c.903 §4; renumbered 468A.635 in 1991]
468.618 [1989 c.903 §5; renumbered 468A.640 in 1991]
468.620 [1977 c.206 §3; repealed by 1987 c.414 §172]
468.621 [1989 c.903 §6; renumbered 468A.645 in 1991]
468.630 [1983 c.333 §4; renumbered 468A.460 in 1991]
468.635 [1983 c.333 §8; renumbered 468A.465 in 1991]
468.640 [1983 c.333 §7; renumbered 468A.470 in 1991]
468.645 [1983 c.333 §9; repealed by 1991 c.752 §28]
468.650 [1983 c.333 §10; 1991 c.752 §19a; renumbered 468A.475 in 1991]
468.655 [1983 c.333 §§5,6; 1991 c.752 §20; renumbered 468A.480 in 1991]
468.659 [1989 c.917 §2; 1993 c.742 §106; repealed by 1997 c.82 §7]
468.660 [1989 c.917 §1; repealed by 1997 c.82 §7]
468.661 [1989 c.917 §20; 1991 c.67 §131; repealed by 1997 c.82 §7]
468.662 [1989 c.917 §3; repealed by 1997 c.82 §7]
468.663 [1989 c.917 §25; 1993 c.742 §107; repealed by 1997 c.82 §7]
468.664 [1989 c.917 §4; 1993 c.742 §108; repealed by 1997 c.82 §7]
468.665 [1989 c.917 §15; 1993 c.742 §109; repealed by 1997 c.82 §7]
468.666 [1989 c.917 §5; repealed by 1997 c.82 §7]
468.667 [1989 c.917 §8; repealed by 1997 c.82 §7]
468.668 [1989 c.917 §9; 1991 c.67 §132; 1993 c.736 §55; repealed by 1997 c.82 §7]
468.669 [1989 c.917 §11; repealed by 1997 c.82 §7]
468.670 [1989 c.917 §13; repealed by 1997 c.82 §7]
468.671 [1989 c.917 §16; repealed by 1997 c.82 §7]
468.672 [1989 c.917 §18; repealed by 1997 c.82 §7]
468.673 [1989 c.917 §21; repealed by 1997 c.82 §7]
468.674 [1989 c.917 §24; repealed by 1997 c.82 §7]
468.675 [1989 c.917 §6; repealed by 1993 c.742 §105]
468.676 [1989 c.917 §7; repealed by 1993 c.742 §105]
468.677 [1989 c.917 §10; repealed by 1993 c.742 §105]
468.678 [1989 c.917 §12; repealed by 1993 c.742 §105]
468.679 [1989 c.917 §14; repealed by 1993 c.742 §105]
468.680 [1989 c.917 §17; repealed by 1993 c.742 §105]
468.681 [1989 c.917 §19; repealed by 1993 c.742 §105]
468.682 [1989 c.917 §22; repealed by 1993 c.742 §105]
468.683 [1989 c.917 §23; repealed by 1993 c.742 §105]
468.685 [1989 c.917 §26; repealed by 1995 c.79 §283]
468.686 [1989 c.847 §2; renumbered 468B.200 in 1991]
468.687 [1989 c.847 §3; renumbered 468B.205 in 1991]
468.688 [1989 c.847 §4; renumbered 468B.210 in 1991]
468.689 [1989 c.847 §5; renumbered 468B.215 in 1991]
468.690 [1989 c.847 §6; renumbered 468B.220 in 1991]
468.691 [1989 c.833 §17; renumbered 468B.150 in 1991]
468.692 [1989 c.833 §18; renumbered 468B.155 in 1991]
468.693 [1989 c.833 §19; 1991 c.67 §133; renumbered 468B.160 in 1991]
468.694 [1989 c.833 §25; renumbered 468B.165 in 1991]
468.695 [1989 c.833 §27; renumbered 468B.170 in 1991]
468.696 [1989 c.833 §§31,33; renumbered 468B.175 in 1991]
468.698 [1989 c.833 §§36,37; renumbered 468B.180 in 1991]
468.699 [1989 c.833 §29; renumbered 468B.185 in 1991]
468.700 [Formerly 449.075; renumbered 468B.005 in 1991]
468.705 [Formerly 449.070; renumbered 468B.010 in 1991]
468.710 [Formerly 449.077; renumbered 468B.015 in 1991]
468.715 [Formerly 449.095; renumbered 468B.020 in 1991]
468.720 [Formerly 449.079; renumbered 468B.025 in 1991]
468.725 [Formerly 449.081; renumbered 468B.030 in 1991]
468.730 [1973 c.92 §3; renumbered 468B.035 in 1991]
468.732 [1985 c.569 §7; renumbered 468B.040 in 1991]
468.734 [1985 c.569 §8; renumbered 468B.045 in 1991]
468.735 [Formerly 449.086; 1985 c.673 §178; renumbered 468B.048 in 1991]
468.740 [Formerly 449.083; 1989 c.847 §7; renumbered 468B.050 in 1991]
468.742 [Formerly 454.415; 1979 c.98 §1; 1991 c.735 §27; renumbered 468B.055 in 1991]
468.745 [Formerly 449.103; 1979 c.584 §1; renumbered 468B.060 in 1991]
468.750 [Formerly 449.111; 1975 c.172 §1; renumbered 468B.065 in 1991]
468.755 [Formerly 449.113; renumbered 468B.070 in 1991]
468.760 [Formerly 449.137; repealed by 1991 c.764 §8]
468.765 [Formerly 449.140; renumbered 468B.075 in 1991]
468.770 [Formerly 449.150; renumbered 468B.080 in 1991]
468.775 [Formerly 449.109; 1983 c.338 §937; renumbered 468B.085 in 1991]
468.777 [1979 c.617 §2; renumbered 468B.090 in 1991]
468.778 [1983 c.257 §2; renumbered 468B.095 in 1991]
468.780 [Formerly 449.155; 1989 c.1082 §4; 1991 c.606 §1; 1991 c.651 §3; renumbered 468B.300 in 1991]
468.785 [Formerly 449.157; renumbered 468B.305 in 1991]
468.790 [Formerly 449.159; renumbered 468B.310 in 1991]
468.795 [Formerly 449.161; renumbered 468B.315 in 1991]
468.800 [Formerly 449.163; renumbered 468B.320 in 1991]
468.802 [1977 c.222 §§2,3; renumbered 468B.325 in 1991]
468.805 [Formerly 449.165; renumbered 468B.330 in 1991]
468.810 [Formerly 449.167; 1977 c.704 §11; repealed by 1985 c.733 §23]
468.815 [Formerly 449.175; renumbered 468B.335 in 1991]
468.817 [1989 c.859 §§3,5; renumbered 468B.450 in 1991]
468.819 [1989 c.859 §4; renumbered 468B.455 in 1991]
468.821 [1989 c.859 §2; renumbered 468B.460 in 1991]
468.823 [1989 c.1042 §2; renumbered 468B.475 in 1991]
468.825 [1989 c.1042 §3; renumbered 468B.480 in 1991]
468.827 [1989 c.1042 §4; renumbered 468B.485 in 1991]
468.829 [1989 c.1042 §5; renumbered 468B.490 in 1991]
468.831 [1989 c.1082 §§2,5; renumbered 468B.495 in 1991]
468.833 [1989 c.1082 §3; renumbered 468B.500 in 1991]
468.850 [1977 c.483 §2; renumbered 459A.555 in 1993]
468.853 [1977 c.483 §3; renumbered 459A.560 in 1993]
468.856 [1977 c.483 §4; renumbered 459A.565 in 1993]
468.859 [1977 c.483 §5; renumbered 459A.570 in 1993]
468.862 [1977 c.483 §6; renumbered 459A.575 in 1993]
468.865 [1977 c.483 §7; renumbered 459A.580 in 1993]
468.868 [1977 c.483 §8; renumbered 459A.585 in 1993]
468.869 [1989 c.268 §2; renumbered 459A.590 in 1993]
468.870 [1989 c.268 §3; renumbered 459A.595 in 1993]
468.871 [1977 c.483 §1; renumbered 459A.599 in 1993]
468.875 [1987 c.741 §2; renumbered 468A.700 in 1991]
468.877 [1987 c.741 §3; renumbered 468A.705 in 1991]
468.879 [1987 c.741 §5; renumbered 468A.710 in 1991]
468.881 [1987 c.741 §6; renumbered 468A.715 in 1991]
468.883 [1987 c.741 §7; renumbered 468A.720 in 1991]
468.885 [1987 c.741 §§8,17; renumbered 468A.725 in 1991]
468.887 [1987 c.741 §9; renumbered 468A.730 in 1991]
468.889 [1987 c.741 §10; renumbered 468A.735 in 1991]
468.891 [1987 c.741 §11; renumbered 468A.740 in 1991]
468.893 [1987 c.741 §12; 1991 c.650 §7; renumbered 468A.745 in 1991]
468.895 [1987 c.741 §13; 1989 c.171 §63; renumbered 468A.750 in 1991]
468.897 [1987 c.741 §14; renumbered 468A.755 in 1991]
468.899 [1987 c.741 §16; renumbered 468A.760 in 1991]
468.900 [1977 c.867 §23; 1983 c.740 §183; renumbered 466.505]
468.901 [1985 c.737 §2; repealed by 1987 c.539 §1 (466.705 enacted in lieu of 468.901)]
468.902 [1985 c.737 §3; repealed by 1987 c.539 §3 (466.715 enacted in lieu of 468.902)]
468.903 [1977 c.867 §24; renumbered 466.510]
468.904 [1985 c.737 §4; repealed by 1987 c.539 §7 (466.725 enacted in lieu of 468.904)]
468.905 [1985 c.737 §5; repealed by 1987 c.539 §19 (466.765 enacted in lieu of 468.905)]
468.906 [1977 c.867 §25; renumbered 466.515]
468.907 [1985 c.737 §6; repealed by 1987 c.539 §29 (466.805 enacted in lieu of 468.907)]
468.908 [1985 c.737 §7; repealed by 1987 c.539 §12 (466.745 enacted in lieu of 468.908)]
468.909 [1977 c.867 §26; renumbered 466.520]
468.910 [1985 c.737 §8; 1987 c. 539 §31; renumbered 466.800 in 1987]
468.911 [1985 c.737 §9; 1987 c.539 §18; renumbered 466.710 in 1987]
468.912 [1977 c.867 §27; renumbered 466.525]
468.913 [1985 c.737 §10; 1987 c.539 §40; renumbered 466.720 (2) in 1987]
468.914 [1985 c.737 §11; repealed by 1987 c.539 §33; 466.820 enacted in lieu of 468.914]
468.915 [1977 c.867 §28; repealed by 1979 c.32 §1]
468.916 [1985 c.737 §12; repealed by 1987 c.539 §45]
468.917 [1985 c.737 §13; repealed by 1987 c.539 §45]
468.918 [1977 c.867 §29; repealed by 1979 c.32 §1]
468.920 Definitions for ORS 468.922 to 468.956.
For purposes of ORS 468.922 to 468.956: (1) �Knowingly�: (a) Has the meaning given that term in ORS 161.085; or (b) Means a person acts...
468.921 [1977 c.867 §30; renumbered 466.530]
468.922 Unlawful disposal, storage or treatment of hazardous waste in the second degree.
(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of...
468.925 [1985 c.684 §3; 1989 c.958 §1; renumbered 468.451 in 1993]
468.926 Unlawful disposal, storage or treatment of hazardous waste in the first degree.
(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of...
468.929 Unlawful transport of hazardous waste in the second degree.
(1) A person commits the crime of unlawful transport of hazardous waste in the second degree if the person, in violation of ORS 466.080, 824.090...
468.930 [1985 c.684 §2; 1989 c.958 §2; renumbered 468.456 in 1993]
468.931 Unlawful transport of hazardous waste in the first degree.
(1) A person commits the crime of unlawful transport of hazardous waste in the first degree if the person, in violation of ORS 466.080, 824.090...
468.933 Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931.
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.922, 468.926, 468.929 or 468.931 is a separately punishable offense. [1993...
468.935 [1985 c.684 §4; 1989 c.958 §3; renumbered 468.461 in 1993]
468.936 Unlawful air pollution in the second degree.
(1) A person commits the crime of unlawful air pollution in the second degree if the person knowingly violates any applicable requirement of ORS chapter...
468.939 Unlawful air pollution in the first degree.
(1) A person commits the crime of unlawful air pollution in the first degree if the person, in violation of ORS chapter 468A or any...
468.940 [1985 c.684 §5; 1989 c.958 §4; 1991 c.877 §38; renumbered 468.466 in 1993]
468.941 Determination of number of punishable offenses under ORS 468.936 and 468.939.
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.936 or 468.939 is a separately punishable offense. [1993 c.422 §9]
468.943 Unlawful water pollution in the second degree.
(1) A person commits the offense of unlawful water pollution in the second degree if the person with criminal negligence violates ORS chapter 468B or...
468.945 [1985 c.684 §6; 1989 c.958 §5; renumbered 468.471 in 1993]
468.946 Unlawful water pollution in the first degree.
(1) A person commits the crime of unlawful water pollution in the first degree if the person, in violation of ORS chapter 468B or any...
468.949 Determination of number of punishable offenses under ORS 468.943 and 468.946.
Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.943 or 468.946 is a separately punishable offense. [1993 c.422 §12]
468.950 [1985 c.684 §7; 1989 c.958 §6; renumbered 468.476 in 1993]
468.951 Environmental endangerment.
(1) A person commits the crime of environmental endangerment if the person: (a) Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous...
468.953 Supplying false information to agency.
(1) A person commits the crime of supplying false information to any agency if the person: (a) Makes any false material statement, representation or certification...
468.955 [1985 c.684 §8; 1987 c.158 §95; 1989 c.958 §7; renumbered 468.481 in 1993]
468.956 Refusal to produce material subpoenaed by commission.
Refusal, without good cause, to produce books, papers or information subpoenaed by the Environmental Quality Commission, the Department of Environmental Quality or the regional air...
468.959 Upset or bypass as affirmative defense.
(1) It is an affirmative defense to any offense under ORS 468.922 to 468.946 that the alleged violation was the result of an upset or...
468.960 [1985 c.684 §9; 1989 c.958 §8; renumbered 468.486 in 1993]
468.961 Approval of Attorney General or district attorney before bringing felony charge; guidelines for bringing felony charge; model guidelines.
(1) Except in exigent circumstances, no person shall be charged with a felony under ORS 468.922 to 468.956 without the personal approval of the district...
468.962 Notice to Department of Revenue of environmental felony.
If a person is convicted of a felony under ORS 468.922 to 468.956, the county district attorney or the Attorney General, whichever was the prosecuting...
468.963 Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review.
(1) In order to encourage owners and operators of facilities and persons conducting other activities regulated under ORS 824.050 to 824.110 or ORS chapter 465,...
468.965 [1985 c.684 §10; 1989 c.958 §9; renumbered 468.491 in 1993]
468.967 [1989 c.1072 §1; renumbered 459A.775 in 1991]
468.968 [1989 c.1072 §§2,3,4; renumbered 459A.780 in 1991]
468.969 [1989 c.1072 §5; renumbered 459A.785 in 1991]
468.970 [1987 c.695 §1; 1989 c.958 §9; renumbered 454.430 in 1989]
468.973 [1987 c.695 §2; renumbered 454.433 in 1989]
468.975 [1987 c.695 §§3,11; renumbered 454.436 in 1989]
468.977 [1987 c.695 §§4,5,8; renumbered 454.439 in 1989]
468.980 [1987 c.695 §6; renumbered 454.442 in 1989]
468.983 [1987 c.695 §7; renumbered 454.445 in 1989]
468.990 [1973 c.835 §28; subsection (5) formerly part of 448.990, enacted as 1973 c.835 §177a; 1989 c.859 §6; 1991 c.764 §7; renumbered 468B.990 in 1991]
468.992 [1973 c.835 §26; repealed by 1993 c.422 §35]
468.995 [1973 c.835 §27; subsection (6) enacted as 1975 c.366 §3; 1983 c.338 §938; 1991 c.920 §20; renumbered 468A.990 in 1991]
468.996 Civil penalty for intentional or reckless violation; rules.
(1) In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 459.426,...
468.997 Joinder of certain offenses.
Where any provision of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B...

Last modified: August 7, 2008