Oregon Statutes - Chapter 465 - Hazardous Waste and Hazardous Materials I

465.003 Definitions for ORS 465.003 to 465.034.
As used in ORS 465.003 to 465.034: (1) �Conditionally exempt generator� means a generator that generates less than 2.2 pounds of acute hazardous waste as...
465.006 Policy.
(1) In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares that it is the policy of the State...
465.009 Rules.
The Environmental Quality Commission by rule may: (1) Add or remove any toxic substance or hazardous waste from the provisions of ORS 465.003 to 465.034;...
465.010 [Amended by 1971 c.743 §371; repealed by 1989 c.846 §15]
465.012 Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules.
(1) The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which...
465.015 Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility.
(1) Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental...
465.018 Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system.
(1) Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics...
465.020 [Amended by 1979 c.284 §151; repealed by 1989 c.846 §15]
465.021 Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty.
(1) The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental...
465.024 [1989 c.833 §10; 1997 c.384 §2; repealed by 2005 c.206 §11]
465.027 Contract for assistance with higher education institution.
Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out...
465.030 [Repealed by 1989 c.846 §15]
465.031 [1989 c.833 §14; repealed by 2005 c.206 §11]
465.032 Form of implementation summary; information required.
An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include,...
465.034 Application of ORS 465.003 to 465.034.
Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to: (1) Hazardous wastes generated from a removal, as defined...
465.037 Short title.
ORS 465.003 to 465.034 shall be known as the Toxics Use Reduction and Hazardous Waste Reduction Act. [1989 c.833 §1]
465.040 [Amended by 1971 c.743 §372; repealed by 1989 c.846 §15]
465.050 [Amended by 1971 c.743 §373; repealed by 1989 c.846 §15]
465.060 [Repealed by 1989 c.846 §15]
465.070 [1989 Repealed by 1989 c.846 §15]
465.090 [Amended by 1971 c.743 §374; repealed by 1989 c.846 §15]
465.100 [1977 c.850 §2; 1985 c.728 §83; 1987 c.914 §26; renumbered 464.430 in 1987]
465.101 Definitions for ORS 465.101 to 465.131.
As used in ORS 465.101 to 465.131: (1) �Bulk facility� means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground...
465.104 Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators.
(1) The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person...
465.106 Amount of fee to be set by State Fire Marshal.
The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state�s oil,...
465.110 [Amended by 1953 c.540 §5; 1967 c.470 §62; 1969 c.684 §16; 1983 c.470 §6; repealed by 1989 c.846 §15]
465.111 Department of Revenue to collect fee; exemption from fee of protected petroleum products.
(1) The Department of Revenue shall collect the fee imposed under ORS 465.104. (2) Any petroleum product which the Constitution or laws of the United...
465.114 Extension of time for paying fee; interest on extended payment.
The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS...
465.117 Records of petroleum products transactions; inspection by Department of Revenue.
(1) Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person�s registered place of...
465.120 [Amended by 1979 c.284 §152; repealed by 1989 c.846 §15]
465.121 Rules.
The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent...
465.124 Application of ORS chapters 305 and 314 to fee collection.
The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court,...
465.127 Disposition of fees; administrative expenses; other uses.
All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense...
465.130 [Repealed by 1989 c.846 §15]
465.131 Fee imposed by ORS 465.104 in addition to fees established by local government.
The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 §148]
465.140 [Amended by 1989 c.846 §12; renumbered 105.570 in 1989]
465.150 [Amended by 1953 c.540 §5; repealed by 1989 c.846 §15]
465.155 [1953 c.540 §4; repealed by 1989 c.846 §15]
465.160 [Repealed by 1989 c.846 §15]
465.170 [Repealed by 1989 c.846 §15]
465.180 [Repealed by 1989 c.846 §15]
465.200 Definitions for ORS 465.200 to 465.545.
As used in ORS 465.200 to 465.545 and 465.900: (1) �Claim� means a demand in writing for a sum certain. (2) �Commission� means the Environmental...
465.205 Legislative findings.
(1) The Legislative Assembly finds that: (a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the...
465.210 Authority of department for removal or remedial action.
(1) In addition to any other authority granted by law, the Department of Environmental Quality may: (a) Undertake independently, in cooperation with others or by...
465.215 List of facilities with confirmed release.
(1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities...
465.220 Comprehensive statewide identification program; notice.
(1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility...
465.225 Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory.
(1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities...
465.230 Removal of facilities from inventory; criteria.
(1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list...
465.235 Public inspection of inventory; information included in inventory; organization; report; action plan.
(1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental...
465.240 Inventory listing not prerequisite to other remedial action.
Nothing in ORS 465.225 to 465.240, 465.405 and 465.410 or placement of a facility on the list under ORS 465.215 shall be construed to be...
465.245 Preliminary assessment of potential facility.
When the Department of Environmental Quality receives information about a release or a threat of release from a potential facility, the department shall evaluate the...
465.250 Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.
(1) Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated,...
465.255 Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions.
(1) The following persons shall be strictly liable for those remedial action costs incurred by the state or any other person that are attributable to...
465.257 Right of contribution from other person liable for remedial action costs; allocation of orphan share.
(1) Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable...
465.260 Removal or remedial action; reimbursement of costs; liability; damages.
(1) The Director of the Department of Environmental Quality may undertake any removal or remedial action necessary to protect the public health, safety, welfare and...
465.265 �Person� defined for ORS 465.265 to 465.310.
As used in ORS 465.265 to 465.310, �person� includes but need not be limited to a person liable under ORS 465.255. Except as provided in...
465.270 Legislative findings and intent.
(1) The Legislative Assembly finds that: (a) The costs of cleanup may result in economic hardship or bankruptcy for individuals and businesses that are otherwise...
465.275 Remedial action and financial assistance program; contracts for implementation.
(1) The Department of Environmental Quality may conduct: (a) A financial assistance program, including but not limited to loan guarantees, to assist persons in financing...
465.280 Rules; insuring tax deductibility of interest on bonds.
In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS...
465.285 Requirements for financial assistance; contents of agreements.
(1) The Department of Environmental Quality may provide financial assistance only to persons who meet all of the following eligibility requirements: (a) The department has...
465.290 Financial assistance agreement not General Fund obligation; cost estimates; security; recovery of costs; compromise of obligations.
(1) The obligation of the Department of Environmental Quality to provide financial assistance or to advance money under a financial assistance agreement made under ORS...
465.295 Decision regarding financial assistance not subject to judicial review.
Notwithstanding any provision of ORS chapter 183, the decision of the Department of Environmental Quality to approve or deny financial assistance under ORS 465.265 to...
465.300 Records and financial assistance applications exempt from disclosure as public record.
Financial records and other information that are submitted to the Department of Environmental Quality as part of an application for financial assistance under ORS 465.265...
465.305 Application fees.
The Environmental Quality Commission may establish by rule reasonable fees for applicants for financial assistance sufficient to pay for the costs of the Department of...
465.310 Accounting procedure for financial assistance moneys.
For the purposes of ORS 465.265 to 465.310, the Department of Environmental Quality may place moneys for the purpose of providing financial assistance in reserve...
465.315 Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules.
(1)(a) Any removal or remedial action performed under the provisions of ORS 465.200 to 465.545 and 465.900 shall attain a degree of cleanup of the...
465.320 Notice of proposed cleanup action; receipt and consideration of comment; notice of approval.
Except as provided in ORS 465.260 (3), before approval of any remedial action to be undertaken by the Department of Environmental Quality or any other...
465.325 Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability.
(1) The Director of the Department of Environmental Quality, in the director�s discretion, may enter into an agreement with any person including the owner or...
465.327 Agreement to release party from potential liability to state to facilitate cleanup and reuse of property; eligible parties; terms of agreement.
(1) In order to facilitate cleanup and reuse of contaminated property, the Department of Environmental Quality may, through a written agreement, provide a party with...
465.330 State remedial action costs; payment; effect of failure to pay.
(1) The Department of Environmental Quality shall keep a record of the state�s remedial action costs. (2) Based on the record compiled by the department...
465.333 Recovery of costs of program development, rulemaking and administrative actions as remedial action costs; determination of allocable costs.
Notwithstanding ORS 291.050 to 291.060, the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative...
465.335 Costs, penalties and damages as lien; enforcement of lien.
(1) All of the state�s remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260...
465.340 Contractor liability; indemnification.
(1)(a) A person who is a contractor with respect to any release of a hazardous substance from a facility shall not be liable under ORS...
465.375 Monthly fee of operators; amount; use of moneys.
(1) Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a...
465.376 Special hazardous waste management fees; use of fees.
(1) Notwithstanding ORS 465.375 (2) and (3), the hazardous waste management fee shall be: (a) $7.50 per ton for waste from the primary production of...
465.378 Department to work with other states to avoid disruption of waste flows.
The Department of Environmental Quality shall work cooperatively with other states to avoid disrupting or changing waste flows between states that may be caused by...
465.380 [Formerly 466.590; 1991 c.703 §47; 1991 c.721 §2; repealed by 1993 c.707 §4 (465.381 enacted in lieu of 465.380)]
465.381 Hazardous Substance Remedial Action Fund; sources; uses; Orphan Site Account; uses.
(1) The Hazardous Substance Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned by the fund...
465.385 [1989 c.833 §§132,171; 1991 c.703 §13; repealed by 1993 c.707 §6 (465.386 enacted in lieu of 465.385)]
465.386 Commission authorized to increase fees; basis of increase; amount of increase.
(1) Notwithstanding the totals established in ORS 459.236, the Environmental Quality Commission by rule may increase the total amount to be collected annually as a...
465.390 [1989 c.833 §§133,172; repealed by 1993 c.707 §8 (465.391 enacted in lieu of 465.390)]
465.391 Effect of certain laws on liability of person.
Nothing in ORS 453.396 to 453.408, 453.414, 459.236 and 459.311, including the limitation on the amount a local government unit must contribute under ORS 459.236...
465.400 Rules; designation of hazardous substance.
(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of...
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...
465.410 Ranking of inventory according to risk; rules.
In addition to the rules adopted under ORS 465.405, the Environmental Quality Commission shall adopt by rule a procedure for ranking facilities on the inventory...
465.420 Remedial Action Advisory Committee.
The Director of the Department of Environmental Quality shall appoint a Remedial Action Advisory Committee in order to advise the Department of Environmental Quality in...
465.425 �Security interest holder� defined for ORS 465.430 to 465.455.
As used in ORS 465.430 to 465.455, �security interest holder� means a person who, without participating in the management of a facility, holds indicia of...
465.430 Legislative findings.
(1)(a) The Legislative Assembly finds that existing federal and state law related to liability of a security interest holder for environmental contamination is unclear, and...
465.435 Rules relating to exemption from liability for security interest holder.
(1) The Environmental Quality Commission may adopt rules necessary to clarify the scope and meaning of the exemption from liability under ORS 465.255 of a...
465.440 Rules relating to exemption from liability for fiduciary.
In accordance with the purposes of ORS 465.425 to 465.455, the Environmental Quality Commission by rule shall define the instances in which a person acting...
465.445 Advisory committee.
The Director of the Department of Environmental Quality shall appoint an advisory committee to advise the Department of Environmental Quality and the Environmental Quality Commission...
465.450 Limitation on commission�s discretion to adopt rules.
Notwithstanding the discretion otherwise allowed under ORS 465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the...
465.455 Construction of ORS 465.425 to 465.455.
Nothing in ORS 465.425 to 465.455 or any rule adopted under ORS 465.435 or 465.440 shall be construed to impose liability on a security interest...
465.475 Definitions for ORS 465.475 to 465.480.
For the purposes of ORS 465.475 to 465.480: (1) �Environmental claim� means a claim for defense or indemnity submitted under a general liability insurance policy...
465.478 Legislative findings.
The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted...
465.479 Lost policies; investigation by insurer required; minimum standards for investigation.
(1) If, after a diligent investigation by an insured of the insured�s own records, including computer records and the records of past and present agents...
465.480 Insurance for environmental claims; rules of construction; duty to pay defense or indemnity costs; allocation.
(1) As used in this section: (a) �Suit� or �lawsuit� includes but is not limited to formal judicial proceedings, administrative proceedings and actions taken under...
465.482 Short title.
ORS 465.475 to 465.480 shall be known and may be cited as the Oregon Environmental Cleanup Assistance Act. [1999 c.783 §6] (Cleanup of Contamination Resulting...
465.500 Purpose.
(1) The purposes of ORS 465.500 to 465.545 are: (a) To create a $1 million cleanup fund paid for solely by the dry cleaning industry,...
465.503 Exemption from administrative or judicial action to compel removal or remedial action; exemption from liability; exceptions; limitations.
(1) Except as provided under subsections (3), (4) and (5) of this section, and except to the extent that property, liability or other insurance is...
465.505 Waste minimization requirements for dry cleaning facilities; annual report; reportable release; rules.
(1) In addition to any other applicable federal or state law and regulation, the following waste minimization requirements shall apply to dry cleaning facilities: (a)...
465.507 Dry cleaning advisory group.
(1) The Director of the Department of Environmental Quality shall appoint an advisory group comprised of members representing a balance of at least the following...
465.510 Dry Cleaner Environmental Response Account; use; deductible amounts for expenditures.
(1) The Dry Cleaner Environmental Response Account is established separate and distinct from the General Fund in the State Treasury. All moneys collected under ORS...
465.515 [1995 c.427 §8; 2001 c.495 §6; repealed by 2003 c.407 §29]
465.517 Annual fee and gross revenue fee for dry cleaning facilities.
(1) In addition to any other tax or fee imposed by law, there is assessed on dry cleaning facilities the following annual fees: (a) For...
465.520 Fee on sale or transfer of dry cleaning solvent; exemption.
(1) In addition to any other tax or fee imposed by law, a fee, payable by the seller or transferor, is imposed on: (a) The...
465.523 Fee on use of dry cleaning solvent.
(1) In addition to any other tax or fee imposed by law, a fee is imposed on the use of dry cleaning solvent at a...
465.525 Calculation of fee for partial gallons; refund or credit.
(1) For a fraction of a gallon, the fee imposed under ORS 465.520 and 465.523 shall be proportionate to the fee imposed on a whole...
465.527 Reporting of fees.
The fees imposed by ORS 465.517, 465.520 and 465.523 shall be paid pursuant to information reported on forms supplied by the Department of Environmental Quality....
465.530 [1995 c.427 §15; repealed by 2003 c.407 §29]
465.531 Department of Environmental Quality may contract for collection of fees.
The Department of Environmental Quality, in consultation with the advisory group established under ORS 465.507, may contract with a private or public entity for the...
465.533 [1995 c.427 §16; 2001 c.495 §9; repealed by 2003 c.407 §29]
465.535 [1995 c.427 §17; 2001 c.495 §10; repealed by 2003 c.407 §29]
465.536 Late charges; enforcement by Department of Revenue.
(1) If a person fails to submit the fees imposed by ORS 465.517, 465.520 and 465.523 by the date shown on the form supplied under...
465.537 [1995 c.427 §18; 1999 c.1047 §2; 2001 c.495 §11; repealed by 2003 c.407 §29]
465.540 [1995 c.427 §19; repealed by 2003 c.407 §29]
465.543 [1995 c.427 §20; repealed by 2003 c.407 §29]
465.545 Suspension of dry cleaning fees; recommendation to Legislative Assembly.
(1) Upon a determination by the Director of the Department of Environmental Quality that necessary removal and remedial action is completed and paid for at...
465.546 [1999 c.1047 §4; repealed by 2003 c.407 §29]
465.548 [1999 c.1047 §5; 2001 c.495 §13; repealed by 2003 c.407 §29]
465.550 Definitions for ORS 465.550 and 465.555.
As used in ORS 465.550 and 465.555: (1) �Chemical agents� means: (a) Blister agents, such as mustard gas; (b) Nerve agents, such as sarin and...
465.555 County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee.
(1) If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial...
465.900 Civil penalties for violation of removal or remedial actions.
(1) In addition to any other penalty provided by law, any person who violates a provision of ORS 465.200 to 465.545, or any rule or...
465.990 [Amended by 1953 c.540 §5; repealed by 1989 c.846 §15]
465.992 Civil penalty for failure to pay fees.
(1) Any dry cleaning operator who fails to pay a fee required under ORS 465.517, 465.520 or 465.523 shall incur a civil penalty of not...

Last modified: August 7, 2008