Oregon Statutes - Chapter 466 - Hazardous Waste and Hazardous Materials II

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�...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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)...
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:...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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;...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
466.265 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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
466.330 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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)...
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...
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...
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]
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...
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...
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...
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...
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...
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...
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]
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...
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,...
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...
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...
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...
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...
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...
466.640 Strict liability for spill or release; exceptions.
Any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release shall be strictly liable...
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...
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....
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...
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...
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)]
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...
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...
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...
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...
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...
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...
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...
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...
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...
466.743 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...
466.745 [1987 c.539 §13 (enacted in lieu of 468.908); 1989 c.1071 §§22,27,43a,43b,29a; repealed by 1991 c.863 §13 (466.746 enacted in lieu of 466.745)]
466.746 Commission rules; considerations.
(1) The Environmental Quality Commission may establish by rule: (a) Performance standards, consistent with standards adopted by the federal government, for leak detection systems, inventory...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
466.810 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...
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)...
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...
466.825 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...
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...
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...
466.837 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...
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...
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...
466.850 [1997 c.838 §1; repealed by 1999 c.880 §8]
466.855 [1997 c.838 §2; repealed by 1999 c.880 §8]
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...
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:...
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...
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...
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:...
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]
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
466.992 Civil penalties for damage to wildlife resulting from contamination of food or water supply.
(1) Any person who has care, custody or control of a hazardous waste or a substance which would be a hazardous waste except for the...
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...
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...

Last modified: August 7, 2008