Chapter 466 — Hazardous
Waste and Hazardous Materials II
2011 EDITION
HAZARDOUS WASTE AND HAZARDOUS MATERIALS
II
PUBLIC HEALTH AND SAFETY
STORAGE, TREATMENT AND DISPOSAL OF
HAZARDOUS WASTE AND PCB
(General Provisions)
466.005 Definitions
for ORS 453.635 and 466.005 to 466.385
466.010 Purpose
(Administration)
466.015 Powers
and duties of department
466.020 Rules
and orders
466.025 Duties
of commission
466.030 Designation
of classes of facilities subject to certain provisions
466.035 Commission
authority to impose standards for hazardous waste or PCB at Oregon facility
466.040 Application
period for PCB or hazardous waste permit
466.045 Application
form; contents; fees; renewal application; rules
466.050 Citizen
advisory committees
466.055 Criteria
for new facility
466.060 Criteria
to be met by owner and operator before issuance of permit
466.065 Applicant
for renewal to comply with ORS 466.055 and 466.060; exceptions; permit
conditions; rules
466.067 Modification
of PCB or hazardous waste permit to allow recycling operation; fee
(Hazardous Waste)
466.068 Technical
assistance and information program for generators of hazardous waste; rules
466.069 Hazardous
Waste Technical Assistance Fund; uses; limitations
466.070 Standards
for rules
466.075 Rules
for generators of hazardous waste
466.077 Fee
for generators of hazardous waste to obtain identification number
466.080 Rules
for transportation of hazardous waste
466.086 Gaining
federal authorization; rules
466.090 Inspection
and copying of records authorized; exceptions
466.095 Hazardous
waste to be stored or treated at permitted site; exemptions
466.100 Disposal
of waste restricted; permit required
466.105 Duties
of permittee
466.107 Action
under ORS 466.105 against guarantor
466.110 Application;
form
466.115 Required
application information
466.120 Required
application information to operate site
466.125 Notice
of hearings on applications
466.130 Public
hearing in areas of proposed site required
466.135 Recommendations
by state agencies on applications; effect
466.140 Review
of applications; issuance
466.145 Review
of treatment applications; issuance
466.150 Permit
requirements
466.153 Exemption
from state or local laws for sale or deeding of land
466.155 Acquisition
by condemnation
466.160 Site
permit fees; disposition; withdrawal by permittee
466.165 Annual
fees; use
466.168 Annual
fee for used oil processor
466.170 Revocation
of permit; judicial review
466.175 Disposition
of site or facility after revocation; acquisition of site by department
466.180 Department
authority to limit storage, disposal or treatment
466.185 Investigation
upon complaint; hearings; orders
466.190 Investigation
upon motion of department; findings and orders
466.195 Monitoring
and surveillance program; inspection
466.200 Procedure
for emergencies
466.205 Liability
for improper disposal of waste; costs; lien for department expenditures
466.208 Requirement
to reimburse department for costs associated with implementing corrective
action
466.210 Actions
or proceedings to enforce compliance
466.215 Post-closure
permit for disposal site; rules; fee
466.225 Monitoring
site; access
(PCB Disposal Facilities)
466.250 Definition
of “PCB disposal facility”
466.255 Disposal
of PCB restricted; permit required for PCB disposal facility
466.260 Duties
of department
466.265 Rules
for regulation of PCB disposal
466.270 Criteria
for rules; study of disposal methods
466.275 Permit
application for PCB disposal facility
466.280 Copies
of application to be sent to affected state agencies
466.285 Notice
of hearings on application
466.290 Public
hearing in area of proposed facility required
466.295 Examination
of applications; recommendation to commission; decision as to issuance; notice
to applicant
466.300 Restrictions
on commission authority to issue permit
466.305 Investigation
of complaints; hearing; order
466.310 Monitoring,
inspection and surveillance program; access to facility and records
466.315 Procedure
for emergency
466.320 Conditions
for holding permit
466.325 Annual
fee
466.330 Acquisition
by state of real property for disposal of PCB
466.335 Consequences
of revocation
466.340 Restrictions
on treatment or disposal of PCB at facility
466.345 PCB
facility permit fee
466.350 Post-closure
permit; fee
466.355 Interstate
cooperation regarding toxics use and hazardous waste reduction programs
466.357 Requirements
for certain generators of hazardous waste
NOTICE OF ENVIRONMENTAL HAZARDS
466.360 Policy
466.365 Commission
authority to establish sites for which notice is required; rulemaking; report
to Legislative Assembly
466.370 Notice
to owner; hearing; filing of notice if no objection
466.375 Filing
of notice; content of notice
466.380 Interagency
agreement for notices for radioactive waste disposal sites
466.385 Amendment
of comprehensive plan and land use regulations; model language; appeal of land
use decision related to site requiring notice
USE OF PCB
466.505 Definitions
for ORS 466.505 to 466.530
466.510 Sale
of items containing concentrations of PCB prohibited; rules; exceptions
466.515 Electric
transformers or capacitors exempted; rules
466.520 Exemption
certificates; applications; conditions
466.525 Additional
PCB compounds may be prohibited by rule
466.530 Prohibited
disposal of waste containing PCB
SPILL RESPONSE AND CLEANUP OF HAZARDOUS
MATERIALS
466.605 Definitions
for ORS 466.605 to 466.680
466.610 Department
authority relating to cleanup of oil or hazardous material
466.615 Limit
on commission and department authority over radioactive substances
466.620 Emergency
response plan
466.625 Rulemaking
466.630 Commission
designation of substance as hazardous material
466.635 Report
of spill or release of reportable quantity of hazardous material
466.640 Strict
liability for spill or release; exceptions
466.645 Cleanup;
failure to complete cleanup
466.670 Oil
and Hazardous Material Emergency Response and Remedial Action Fund
466.675 Use
of moneys in Oil and Hazardous Material Emergency Response and Remedial Action
Fund
466.680 Responsibility
for expenses of cleanup; record; treble damages; order; appeal
OIL STORAGE TANKS
(General Provisions)
466.706 Definitions
for ORS 466.706 to 466.882 and 466.994
466.710 Application
of ORS 466.706 to 466.882 and 466.994
466.715 Legislative
findings
(Administration)
466.720 Statewide
underground storage tank program; federal authorization; rules
466.725 Limitation
on local government regulation
466.727 Prohibition
on local government tax, fee or surcharge
466.730 Delegation
of program administration to state agency or local government by agreement
466.735 Cooperation
with Department of Consumer and Business Services and State Fire Marshal
466.740 Noncomplying
installation prohibited
466.743 Training
on operation, maintenance and testing; rules
466.746 Commission
rules; considerations
(Licenses; Permits)
466.750 License
procedure for persons servicing underground tanks
466.760 When
permit required; who required to sign application
466.765 Duty
of owner or permittee of underground storage tank
466.770 Corrective
action required on contaminated site
466.775 Grounds
for refusal, modification, suspension or revocation of permit
466.780 Variance
upon petition
(Finance)
466.783 Installation
fee; permit modification fee
466.785 Annual
storage tank fee; late payment fee
466.787 Annual
service provider fee; biennial supervisor fee
466.791 Underground
Storage Tank Compliance and Corrective Action Fund; sources; uses
466.795 Underground
Storage Tank Insurance Fund
466.800 Records
as public records; exceptions
(Enforcement)
466.805 Site
inspection; subpoena or warrant
466.810 Investigation
on noncompliance; findings and orders; decommissioning tank; hearings; other
remedies
466.815 Financial
responsibility of owner or permittee; rules; legislative review
466.820 Reimbursement
to department; procedure for collection; treble damages
466.825 Strict
liability of owner or permittee
466.830 Halting
tank operation upon clear and immediate danger
466.835 Compliance
and correction costs as lien; enforcement
466.837 Noncompliance
penalties for specific underground storage tank violations; waiver of right to
appeal; advisory committee; rules
(Financial Assistance Programs)
466.840 Legislative
findings
466.845 Commission
authority to accept and expend moneys received for financial assistance
programs
(Heating Oil Tanks)
466.858 Heating
oil tank regulatory program; license to provide heating oil tank services;
certification of corrective action
466.862 License
required to provide heating oil tank services
466.868 Licensing
requirements; annual fee; registry of licensees; revocation of license
466.872 Certification
of voluntary decommissioning or approval of corrective action; fee
466.878 Required
actions when use of underground heating oil tank is terminated; requirements at
time of sale of real property containing abandoned heating oil tank
466.882 Rules
UNDERGROUND STORAGE TANKS HOLDING
AIRCRAFT OR MARINE FUEL
466.901 Definitions
for ORS 466.901 to 466.915
466.903 Financial
assistance program for fuel tanks holding aircraft or marine fuel; application;
fees
466.905 Eligibility
for financial assistance; amount of grants
466.907 Rules
466.910 Sources
of funds; disposition
466.913 Fuel
Tank Compliance and Corrective Action Fund
466.915 Memorandum
of understanding with State Marine Board or Department of Transportation
466.917 Priority
of financial assistance granted by Director of Transportation
466.920 Priority
for distribution of funds by State Marine Board
CIVIL PENALTIES
466.990 Civil
penalties generally
466.992 Civil
penalties for damage to wildlife resulting from contamination of food or water
supply
466.994 Civil
penalties for violations of underground storage tank regulations
CRIMINAL PENALTIES
466.995 Criminal
penalties
STORAGE, TREATMENT AND DISPOSAL OF
HAZARDOUS WASTE AND PCB
(General Provisions)
466.005 Definitions for ORS 453.635 and
466.005 to 466.385. As used in ORS 453.635 and
466.005 to 466.385 and 466.992, unless the context requires otherwise:
(1)
“Commission” means the Environmental Quality Commission.
(2)
“Department” means the Department of Environmental Quality.
(3)
“Director” means the Director of the Department of Environmental Quality.
(4)
“Dispose” or “disposal” means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any land or
water so that the hazardous waste or any hazardous constituent thereof may
enter the environment or be emitted into the air or discharged into any waters
of the state as defined in ORS 468B.005.
(5)
“Facility” means all contiguous land, structures, other appurtenances and
improvements on the land used for treating, storing or disposing of hazardous
waste. “Facility” may consist of one or more treatment, storage or disposal
operational units.
(6)
“Generator” means the person, who by virtue of ownership, management or
control, is responsible for causing or allowing to be caused the creation of a
hazardous waste.
(7)
“Hazardous waste” does not include radioactive material or the radioactively
contaminated containers and receptacles used in the transportation, storage,
use or application of radioactive waste, unless the material, container or
receptacle is classified as hazardous waste under paragraph (a), (b) or (c) of
this subsection on some basis other than the radioactivity of the material,
container or receptacle. Hazardous waste does include all of the following
which are not declassified by the commission under ORS 466.015 (3):
(a)
Discarded, useless or unwanted materials or residues resulting from any
substance or combination of substances intended for the purpose of defoliating
plants or for the preventing, destroying, repelling or mitigating of insects,
fungi, weeds, rodents or predatory animals, including but not limited to
defoliants, desiccants, fungicides, herbicides, insecticides, nematocides and
rodenticides.
(b)
Residues resulting from any process of industry, manufacturing, trade or
business or government or from the development or recovery of any natural
resources, if such residues are classified as hazardous by order of the
commission, after notice and public hearing. For purposes of classification,
the commission must find that the residue, because of its quantity, concentration,
or physical, chemical or infectious characteristics may:
(A)
Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness; or
(B)
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed.
(c)
Discarded, useless or unwanted containers and receptacles used in the
transportation, storage, use or application of the substances described in
paragraphs (a) and (b) of this subsection.
(8)
“Hazardous waste disposal site” means a geographical site in which or upon
which hazardous waste is disposed.
(9)
“Hazardous waste storage site” means the geographical site upon which hazardous
waste is stored.
(10)
“Hazardous waste treatment site” means the geographical site upon which or a
facility in which hazardous waste is treated.
(11)
“Manifest” means the form used for identifying the quantity, composition, and
the origin, routing and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment
or storage.
(12)
“PCB” has the meaning given that term in ORS 466.505.
(13)
“Person” means the United States, the state or a public or private corporation,
local government unit, public agency, individual, partnership, association,
firm, trust, estate or any other legal entity.
(14)
“Store” or “storage” means the containment of hazardous waste either on a
temporary basis or for a period of years, in a manner that does not constitute
disposal of the hazardous waste.
(15)
“Transporter” means any person engaged in the transportation of hazardous waste
by any means.
(16)
“Treat” or “treatment” means any method, technique, activity or process,
including but not limited to neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as
to neutralize the waste or so as to render the waste nonhazardous, safer for
transport, amenable for recovery, amenable for storage, or reduced in volume. [Formerly
459.410; 1987 c.540 §4]
466.010 Purpose.
(1)(a) The Legislative Assembly finds that it is in the interest of public
health and safety and environment to protect Oregon citizens from the potential
harmful effects of the transportation and treatment or disposal of hazardous
waste and PCB within Oregon.
(b)
Therefore, the Legislative Assembly declares that it is the purpose of ORS
466.005 to 466.385 and 466.992 to:
(A)
Protect the public health and safety and environment of Oregon to the maximum
extent possible;
(B)
Exercise the maximum amount of control over actions within Oregon relating to
hazardous waste and PCB transportation and treatment or disposal;
(C)
Limit to the extent possible the treatment or disposal of hazardous waste and
PCB in Oregon to materials originating in the states that are parties to the
Northwest Interstate Compact on Low-Level Radioactive Waste Management under
ORS 469.930; and
(D)
Limit to the extent possible the size of any hazardous waste or PCB treatment
or disposal facility in Oregon to a size equal to the amount of waste and PCB
originating in Oregon, Washington, Idaho and Alaska of the type handled by such
a treatment or disposal facility.
(2)
The Legislative Assembly further finds and declares that in the interest of
public health and safety and to protect the environment, it is the policy of
the State of Oregon to give priority in managing hazardous waste in Oregon to
methods that reduce the quantity and toxicity of hazardous waste generated
before using methods that reuse hazardous waste, recycle hazardous waste that
cannot be reused, treat hazardous waste or dispose of hazardous waste by
landfilling. [1985 c.670 §3; 1987 c.540 §4a; 1989 c.833 §95]
(Administration)
466.015 Powers and duties of department.
The Department of Environmental Quality shall:
(1)
Provide for the administration, enforcement and implementation of ORS 466.005
to 466.385 and 466.992 and may perform all functions necessary:
(a)
To insure the proper management of hazardous waste by generators;
(b)
For the regulation of the operation and construction of hazardous waste
treatment, storage and disposal sites; and
(c)
For the permitting of hazardous waste treatment, storage and disposal sites in
consultation with the appropriate county governing body or city council.
(2)
Coordinate and supervise all functions of state and local governmental agencies
engaged in activities subject to the provisions of ORS 466.005 to 466.385 and
466.992.
(3)
After notice and public hearing pursuant to ORS chapter 183, declassify as
hazardous waste those substances described in ORS 466.005 (7) which the
Environmental Quality Commission finds, after deliberate consideration, taking
into account the public health, welfare or safety or the environment, have been
properly treated or decontaminated or contain a sufficiently low concentration
of hazardous material so that such substances are no longer hazardous. [Formerly
459.430; 1987 c.540 §5]
466.020 Rules and orders.
In accordance with applicable provisions of ORS chapter 183, the Environmental
Quality Commission shall:
(1)
Adopt rules and issue orders thereon, including but not limited to establishing
minimum requirements for the treatment, storage and disposal of hazardous
wastes, minimum requirements for operation, maintenance, monitoring, reporting
and supervision of treatment, storage or disposal sites, and requirements and
procedures for selection of such sites.
(2)
Adopt rules and issue orders thereon relating to the procedures of the
Department of Environmental Quality to hearings, filing of reports, submission
of plans and the issuance, revocation and modification of permits issued under
ORS 466.005 to 466.385 and 466.992.
(3)
Adopt rules and issue orders thereon to classify as hazardous waste those
residues defined in ORS 466.005 (7)(b).
(4)
Adopt rules and issue orders thereon relating to reporting by generators of
hazardous waste concerning type, amount and disposition of such hazardous waste
and waste minimization activities. Rules may be adopted exempting certain
classes of generators from such requirements.
(5)
Adopt rules and issue orders relating to the transportation of hazardous waste
by air or water.
(6)
Adopt rules and issue orders relating to the production, marketing,
distribution, transportation and burning of fuels containing or derived from
hazardous waste.
(7)
Adopt rules and issue orders relating to corrective action, including
corrective action within the facility or beyond the facility boundary if
necessary to protect public health or the environment, for all releases of
hazardous waste or constituents of hazardous waste occurring from locations
within the facility or originating within the facility and releasing beyond the
facility boundary, from any hazardous waste treatment, storage or disposal
facility, regardless of the time the hazardous waste was placed in the
facility.
(8)
Adopt rules and issue orders relating to the restriction or prohibition of
nonhazardous liquid waste in a hazardous waste disposal site.
(9)
Adopt rules necessary to implement the certification requirements of ORS
466.357. [Formerly 459.440; 1987 c.540 §6; 1989 c.833 §112]
466.025 Duties of commission.
In order to carry out the provisions of ORS 466.005 to 466.385 and 466.992, the
Environmental Quality Commission shall:
(1)
Limit the number of facilities disposing of or treating hazardous waste or PCB;
(2)
Establish classes of hazardous waste or PCB that may be disposed of or treated;
(3)
Designate the location of a facility designed to dispose of or treat hazardous
waste or PCB; and
(4)
Limit to the extent otherwise allowed by law, the hazardous waste or PCB
accepted for treatment or disposal at a facility first to hazardous waste or PCB
originating in Oregon, or if the capacity of the facility as established under
ORS 466.055 allows, or it is necessary for the commission to receive and
maintain state authorization of a hazardous waste regulatory program under P.L.
94-580 and P.L. 98-616, to states that are parties to the Northwest Interstate
Compact on Low-Level Radioactive Waste Management as set forth in ORS 469.930. [1985
c.670 §4]
466.030 Designation of classes of
facilities subject to certain provisions. The
Environmental Quality Commission may, by rule, designate classes of facilities
designed to treat or dispose of hazardous waste or PCB that shall be subject to
the provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and
466.260 to 466.320. [1985 c.670 §8]
466.035 Commission authority to impose
standards for hazardous waste or PCB at Oregon facility.
The Environmental Quality Commission may impose specific standards for the
range and type of hazardous waste or PCB treated or disposed of at a facility
in order to protect the public health and safety and environment of Oregon. [1985
c.670 §9]
466.040 Application period for PCB or
hazardous waste permit. Whenever the Environmental
Quality Commission finds there is a need for an additional hazardous waste or
PCB treatment or disposal facility according to the criteria established in ORS
466.055, the commission shall establish an application period during which
persons may apply for a PCB disposal facility permit according to the
provisions of ORS 466.260 to 466.285 or a hazardous waste disposal facility
permit under ORS 466.005 to 466.385 and 466.992. [1985 c.670 §10; 1987 c.540 §16]
466.045 Application form; contents; fees;
renewal application; rules. (1) Upon request, the Department
of Environmental Quality shall furnish an application form to any person
interested in developing or constructing a hazardous waste or PCB treatment or
disposal facility or a hazardous waste storage facility. Each such form shall
contain:
(a)
The name and address of the applicant.
(b)
A statement of financial condition of the applicant, including assets,
liabilities and net worth.
(c)
The experience of the applicant in construction, management, supervision or
development of hazardous waste or PCB treatment or disposal facilities and in
the handling of such substances.
(2)
The department shall also require the submission of such information relating
to the construction, development or establishment of a proposed hazardous waste
or PCB treatment or disposal site and facilities to be operated in conjunction
therewith, and such additional information, data and reports as it deems
necessary to make a decision on granting or denying a permit.
(3)
If the application is for a new permit to operate a new hazardous waste or PCB
treatment or disposal facility or a new hazardous waste storage facility, the
applicant shall pay a fee as determined under subsection (5)(a) of this section
to cover the department’s costs in investigating and processing the
application. Any portion of the fee that exceeds the department’s costs shall
be refunded to the applicant.
(4)
If the application is for the renewal of an existing permit, the applicant
shall pay a fee as determined under subsection (5)(a) of this section to cover
the department’s costs in investigating and processing the renewal application.
Under no circumstances shall the renewal fee exceed a total of $150,000. Any
portion of the fee that exceeds the department’s costs shall be refunded to the
applicant.
(5)
The Environmental Quality Commission by rule:
(a)
Shall specify chargeable elements, rates and other appropriate mechanisms and
procedures for determining the costs of new and renewal permit processing as
set forth in subsections (3) and (4) of this section.
(b)
Shall specify a cost recovery mechanism for reimbursing the costs of the
department associated with the implementation of corrective action required
under ORS 466.105.
(c)
Shall adopt a schedule of fees to defray the department’s costs incurred during
the processing of treatment, storage or disposal permit modifications.
(d)
May adopt a schedule of fees to defray the costs of the department incurred in
investigating and processing applications for hazardous waste declassifications
under ORS 466.015, hazardous waste delistings and petitions for universal waste
listings.
(6)
For fees or funding mechanisms adopted or applied under subsections (3) to (5)
of this section, the fee structure or recovery mechanism shall reflect as
accurately as possible, and be limited to, the costs of services and regulatory
activities provided by the department to the category of payers incurring fees
or the party assessed cost recovery.
(7)
For funding mechanisms adopted or applied under subsections (3) to (5) of this
section other than fee schedules adopted by the commission, the commission
shall require the department to provide to any party so assessed:
(a)
A good faith estimate of the total projected costs prior to the commencement of
the activity for which costs will be accrued;
(b)
A detailed accounting of all costs subsequently incurred; and
(c)
A description of the reasons for any discrepancy between projected and assessed
costs at the time the department becomes aware that such a discrepancy has
occurred or is likely to occur.
(8)
All fees received under this section are continuously appropriated to the
department for payment of the department costs in carrying out the activity for
which the fees were received. [1985 c.670 §11; 1987 c.540 §17; 1997 c.576 §1]
466.050 Citizen advisory committees.
(1) To aid and advise the Director of the Department of Environmental Quality
and the Environmental Quality Commission in the selection of a hazardous waste
or PCB treatment or disposal facility or the site of such facility, the
director shall establish citizen advisory committees as the director considers
necessary. The director shall determine the representation, membership, terms
and organization of the committees and shall appoint their members. The
director or a designee shall be a nonvoting member of each committee.
(2)
The advisory committees appointed under subsection (1) of this section shall
review applications during an application period established under ORS 466.040
and make recommendations on the applications to the commission. [1985 c.670 §12]
466.055 Criteria for new facility.
Before issuing a permit for a new facility designed to dispose of or treat
hazardous waste or PCB, the Environmental Quality Commission must find, on the
basis of information submitted by the applicant, the Department of
Environmental Quality or any other interested party, that the proposed facility
meets the following criteria:
(1)
The proposed facility location:
(a)
Is suitable for the type and amount of hazardous waste or PCB intended for
treatment or disposal at the facility;
(b)
Provides the maximum protection possible to the public health and safety and
environment of Oregon from release of the hazardous waste or PCB stored,
treated or disposed of at the facility; and
(c)
Is situated sufficient distance from urban growth boundaries, as defined in ORS
197.295, to protect the public health and safety, accessible by transportation
routes that minimize the threat to the public health and safety and to the
environment and sufficient distance from parks, wilderness and recreation areas
to prevent adverse impacts on the public use and enjoyment of those areas.
(2)
Subject to any applicable standards adopted under ORS 466.035, the design of
the proposed facility:
(a)
Allows for treatment or disposal of the range of hazardous waste or PCB as
required by the commission; and
(b)
Significantly adds to:
(A)
The range of hazardous waste or PCB handled at a treatment or disposal facility
currently permitted under ORS 466.005 to 466.385; or
(B)
The type of technology employed at a treatment or disposal facility currently
permitted under ORS 466.005 to 466.385.
(3)
The proposed facility uses the best available technology for treating or
disposing of hazardous waste or PCB as determined by the department or the
United States Environmental Protection Agency.
(4)
The need for the facility is demonstrated by:
(a)
Lack of adequate current treatment or disposal capacity in Oregon, Washington,
Idaho and Alaska to handle hazardous waste or PCB generated by Oregon
companies;
(b)
A finding that operation of the proposed facility would result in a higher
level of protection of the public health and safety or environment; or
(c)
Significantly lower treatment or disposal costs to Oregon companies.
(5)
The proposed hazardous waste or PCB treatment or disposal facility has no major
adverse effect on either:
(a)
Public health and safety; or
(b)
Environment of adjacent lands. [1985 c.670 §5; 1987 c.540 §18; 1989 c.833 §96]
466.060 Criteria to be met by owner and
operator before issuance of permit. (1) Before
issuing a permit for a facility designed to treat or dispose of hazardous waste
or PCB, the permit applicant must demonstrate, and the Environmental Quality
Commission must find, that the owner and operator meet the following criteria:
(a)
The owner, any parent company of the owner and the operator have adequate
financial and technical capability to properly construct and operate the
facility; and
(b)
The compliance history of the owner including any parent company of the owner
and the operator in owning and operating other similar facilities, if any,
indicates an ability and willingness to operate the proposed facility in
compliance with the provisions of ORS 466.005 to 466.385 and 466.992 or any
condition imposed on the permittee by the commission.
(2)
If requested by the permit applicant, information submitted as confidential
under subsection (1)(a) of this section shall be maintained confidential and
exempt from public disclosure to the extent provided by Oregon law. [1985 c.670
§7; 1987 c.540 §19; 1989 c.833 §97]
466.065 Applicant for renewal to comply
with ORS 466.055 and 466.060; exceptions; permit conditions; rules.
As a condition to the issuance of a renewal permit under ORS 466.005 to 466.385
and 466.992, the Environmental Quality Commission may require the applicant to
comply with all or some of the criteria set forth in ORS 466.055 and 466.060,
except that any application for a renewal permit for a treatment or disposal
facility located off the site of waste generation and operating on July 15,
1999, shall not have to comply with ORS 466.055 and 466.060 unless the
applicant proposes a different type of treatment or disposal than has been
authorized for use at any time at the facility. In issuing any renewal permit
for such a facility, the commission shall include in the permit conditions that
require all of the following:
(1)
The facility is limited to acceptance of hazardous waste or PCB for treatment
or disposal in an amount not to exceed 110 percent of the amount of hazardous
waste or PCB treated or disposed by the facility under any permit. The
Department of Environmental Quality shall approve acceptance of a greater
amount of hazardous waste or PCB for treatment or disposal as part of a permit
renewal or modification process if the applicant demonstrates that a greater
amount of hazardous waste or PCB is necessary either to protect or to provide a
higher level of protection of the public health and safety or of the
environment.
(2)
The facility complies with all applicable federal and Oregon technological
requirements for treating and disposing of hazardous waste or PCB.
(3)
The facility meets property line setback requirements established by the
commission by rule.
(4)
The facility owner, any parent company of the owner and the operator comply
with all applicable Oregon and federal requirements for financial and technical
capability to properly construct and operate the facility.
(5)
The facility owner or operator owns or contracts with an emergency response
provider or coordinator that can provide for timely response to a spill or
release in Oregon of hazardous waste or PCB being transported to the facility
by a motor vehicle owned by the owner or operator of the facility.
(6)
Any person hired by the owner or operator of the facility to transport
hazardous waste or PCB to the facility owns or has a contract with an emergency
response provider or coordinator that can provide for timely response to a
spill or release in Oregon of hazardous waste or PCB being transported by a
motor vehicle to the facility.
(7)
Upon arrival at the facility of any motor vehicle transporting hazardous waste
or PCB not described in subsection (5) or (6) of this section, the owner or
operator of the facility shall request to review the transporter’s
authorization to transport hazardous waste or PCB in Oregon and the driver’s
authorization to drive a motor vehicle transporting hazardous waste or PCB in
Oregon. The owner or operator of the facility shall report to the department
the name of any transporter or driver failing to demonstrate authorization. [1985
c.670 §6; 1987 c.540 §20; 1999 c.740 §4]
466.067 Modification of PCB or hazardous
waste permit to allow recycling operation; fee.
(1) The Department of Environmental Quality may issue a permit modification
under ORS 466.005 to 466.385 authorizing a recycling operation at a hazardous
waste or PCB treatment or disposal facility located off the site of waste
generation and operating on July 15, 1999, and shall not apply ORS 466.055 or
466.060, provided the owner or operator of the facility obtains a determination
from the department that, in accordance with the Federal Resource Conservation
and Recovery Act, P.L. 94-580, and the Hazardous and Solid Waste Amendments of
1984, P.L. 98-616 as amended, the recycling operation is legitimate and will
produce material that is exempt from the definition of solid waste.
(2)
The department shall apply the schedule of fees authorized by ORS 466.045
(5)(c) and (d) to defray the costs of processing the application for
authorization for permit modification and making the determination under
subsection (1) of this section. [1999 c.740 §3]
(Hazardous Waste)
466.068 Technical assistance and
information program for generators of hazardous waste; rules.
(1) The Department of Environmental Quality shall implement a technical
assistance and information program for generators of hazardous waste. The
program shall include but need not be limited to:
(a)
Direct, on-site assistance;
(b)
Coordination with industry trade associations;
(c)
Information clearinghouse activities;
(d)
Publications and workshops; and
(e)
Other activities related to technical assistance.
(2)
Technical assistance services provided under this section shall not result in
inspections or other enforcement actions unless there is reasonable cause to
believe there exists a clear and immediate danger to the public health and
safety or to the environment. The Environmental Quality Commission may develop
rules to carry out the intent of this subsection. [1991 c.721 §5; 2003 c.654 §5]
466.069 Hazardous Waste Technical
Assistance Fund; uses; limitations. (1) The
Hazardous Waste Technical Assistance Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned on the Hazardous
Waste Technical Assistance Fund shall be credited to the fund.
(2)
Moneys in the Hazardous Waste Technical Assistance Fund are continuously
appropriated to the Department of Environmental Quality to implement ORS
466.068.
(3)
The department may not expend more than 15 percent of the moneys in the fund to
pay for the department’s administrative and personnel costs in implementing ORS
466.068. [2003 c.654 §2]
466.070 Standards for rules.
(1) In adopting rules under ORS 466.020 regulating the disposal of hazardous
wastes, including, but not limited to, rules for the operation and maintenance
of hazardous waste disposal sites, the Environmental Quality Commission shall
provide for the highest and best practicable disposal of the hazardous wastes
in a manner that will minimize:
(a)
The possibility of a dangerous uncontrolled reaction, the release of leachate,
noxious gases or odors, fire, explosion or the discharge of the hazardous
wastes; and
(b)
The amount of land used for burial of the hazardous wastes.
(2)
The Department of Environmental Quality shall investigate and analyze in detail
the disposal methods and procedures required to be adopted by rule under ORS
466.020 and subsection (1) of this section and shall report its findings and
recommendations to the commission. [Formerly 459.442]
466.075 Rules for generators of hazardous
waste. (1) The Environmental Quality
Commission may, by rule, require generators of hazardous waste to:
(a)
Identify themselves to the Department of Environmental Quality, list the
location and general characteristics of their activity and name the hazardous
waste generated;
(b)
Keep records that accurately identify the quantities of such hazardous waste,
the constituents thereof, the disposition of such waste and waste minimization
activities;
(c)
Furnish information on the chemical composition of such hazardous waste to
persons transporting, treating, storing or disposing of such waste;
(d)
Use a department approved manifest system to assure that all such hazardous
waste generated is destined for treatment, storage or disposal in treatment,
storage or disposal facilities (other than facilities on the premises where the
waste is generated) which are operating pursuant to lawful authority;
(e)
Submit reports to the department setting out quantities of hazardous waste
generated during a given time period, the disposition of all such waste and
waste minimization activities;
(f)
Comply with specific waste management standards; and
(g)
Minimize the amount or toxicity of hazardous waste generated.
(2)
The generator of a hazardous waste shall be allowed to store a hazardous waste
produced by that generator on the premises of that generator for a term not to
exceed that set by rule without obtaining a hazardous waste storage site
permit. This shall not relieve any generator from complying with any other rule
or standard regarding storage of hazardous waste.
(3)
The commission by rule may exempt certain classes or types of hazardous waste
generators from part or all of the requirements upon generators adopted by the
commission. Such an exemption can only be made if the commission finds that,
because of the quantity, concentration, methods of handling or use of a
hazardous waste, such a class or type of generator is not likely either:
(a)
To cause or significantly contribute to an increase in serious irreversible or
incapacitating reversible illness; or
(b)
To pose a substantial present or potential threat to human health or the
environment.
(4)
The commission by rule may provide for a special permit for the treatment of
hazardous waste on the premises of a generator. Such a special permit may be
established only if such treatment has no major adverse impact on:
(a)
Public health and safety; or
(b)
The environment of adjacent lands. [Formerly 459.445; 1987 c.540 §7]
466.077 Fee for generators of hazardous
waste to obtain identification number. (1)
Generators of hazardous waste who are required to obtain a United States
Environmental Protection Agency identification number from the Department of
Environmental Quality pursuant to 40 C.F.R. 262.12 shall pay to the department
a one-time processing fee of $200 at the time of submitting an application for
the identification number.
(2)
Fees paid under this section are continuously appropriated to the department to
pay the costs of implementing ORS 466.005 to 466.385. [2003 c.654 §3]
466.080 Rules for transportation of
hazardous waste. In adopting rules governing
transportation of any hazardous wastes for which a permit is required, the
Department of Transportation or the State Department of Agriculture must
consult with and consider the recommendations of the Department of
Environmental Quality prior to the adoption of any such rules. Transporters
shall be required to deliver hazardous wastes to a site named in the manifest
provided for in ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, or to
an alternative site approved by the department. [Formerly 459.450; 1993 c.422 §22]
466.085
[Formerly 459.455; repealed by 1987 c.540 §53 (466.086 enacted in lieu of
466.085)]
466.086 Gaining federal authorization;
rules. (1) The Environmental Quality
Commission and the Department of Environmental Quality are authorized to
perform or cause to be performed any act necessary to gain interim and final
authorization of a hazardous waste regulatory program under the provisions of
the Federal Resource Conservation and Recovery Act, P.L. 94-580 and the
Hazardous and Solid Waste Amendments of 1984, P.L. 98-616 as amended, and federal
regulations and interpretive and guidance documents issued pursuant to the
Federal Resource Conservation and Recovery Act.
(2)
The commission may adopt, amend or repeal any rule or license and the
commission or department may enter into any agreement necessary to implement
this section. [1987 c.540 §54 (enacted in lieu of 466.085)]
466.090 Inspection and copying of records
authorized; exceptions. (1) Except as provided in
subsection (2) of this section, any information filed or submitted pursuant to
ORS 466.005 to 466.385 and 466.992 shall be made available for public
inspection and copying during regular office hours of the Department of
Environmental Quality at the expense of any person requesting copies.
(2)
Unless classified by the Director of the Department of Environmental Quality as
confidential, any records, reports or information obtained under ORS 466.005 to
466.385 and 466.992 shall be available to the public. Upon a showing
satisfactory to the director by any person that records, reports or
information, or particular parts thereof, if made public, would divulge methods
or processes entitled to protection as trade secrets of such person, the
director shall classify as confidential such record, report or information, or
particular part thereof. However, such record, report or information may be
disclosed to other officers, employees or authorized representatives of the
state concerned with carrying out ORS 466.005 to 466.385 and 466.992 or when
relevant in any proceeding under ORS 466.005 to 466.385 and 466.992.
(3)
Records, reports and information obtained or used by the department or the
Environmental Quality Commission in administering the state hazardous waste
program under ORS 466.005 to 466.385 and 466.992 shall be available to the United
States Environmental Protection Agency and the federal Agency for Toxic
Substances and Disease Registry, upon request. If the records, reports or
information has been submitted to the state under a claim of confidentiality,
the state shall make that claim of confidentiality to the Environmental
Protection Agency and the Agency for Toxic Substances and Disease Registry for
the requested records, reports or information. The federal agencies shall treat
the records, reports or information that is subject to the confidentiality
claim as confidential in accordance with applicable federal law. [Formerly
459.460; 1987 c.540 §8]
466.095 Hazardous waste to be stored or
treated at permitted site; exemptions. (1) Except as
provided in ORS 466.075 (2), no person shall:
(a)
Store a hazardous waste anywhere in this state except at a permitted hazardous
waste treatment, storage or disposal site;
(b)
Establish, construct or operate a hazardous waste storage site in this state
without obtaining a hazardous waste storage site permit issued pursuant to ORS
466.005 to 466.385, 466.990 (1) and (2) and 466.992; or
(c)
Establish, construct or operate a hazardous waste treatment site in this state
without obtaining a hazardous waste treatment site permit issued under ORS 466.005
to 466.385 and 466.992.
(2)
The Environmental Quality Commission may exempt certain classes of hazardous
waste storage or treatment sites from part or all of the permitting
requirements for these sites. Such an exemption can only be made if the commission
finds that, because of the quantity, concentration or type of waste or duration
of storage, such a class of storage or treatment site is not likely to endanger
the public health, welfare or safety or the environment.
(3)
If the Director of the Department of Environmental Quality finds an emergency
condition to exist, the director may authorize the short-term storage or
treatment of a hazardous waste anywhere in the state as long as such temporary
storage or treatment shall not constitute a hazard to public health, welfare or
safety or to the environment. [Formerly 459.505; 1987 c.540 §9; 1993 c.422 §23]
466.100 Disposal of waste restricted;
permit required. (1) Except as provided in
subsection (3) of this section, no person shall dispose of any hazardous waste
anywhere in this state except at a hazardous waste disposal site permitted
pursuant to ORS 466.110 to 466.170.
(2)
No person shall establish, construct or operate a disposal site without a
permit therefor issued pursuant to ORS 466.005 to 466.385 and 466.992.
(3)
The Department of Environmental Quality may authorize disposal of specified
hazardous wastes at specified solid waste disposal sites operating under
department permit issued pursuant to ORS 459.205 to 459.385. Such authorization
may be granted only under procedures approved by the Environmental Quality
Commission, which shall include a determination by the department that such
disposal will not pose a threat to public health, welfare or safety or to the
environment. [Formerly 459.510; 1987 c.540 §21; 1993 c.560 §103]
466.105 Duties of permittee.
Each hazardous waste storage or treatment site permittee shall be required to
do the following as a condition to holding the permit:
(1)
Maintain records of any hazardous waste identified pursuant to provisions of
ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992 which is stored or
treated at the site and the manner in which such waste was stored or treated,
transported and disposed of.
(2)
Report periodically to the Department of Environmental Quality on types and
volumes of wastes received, their manner of disposition and waste minimization
activities for any hazardous waste generated on the premises.
(3)
Participate in the manifest system designed by the department.
(4)
Maintain current contingency plans to minimize damage from spillage, leakage,
explosion, fire or other accidental or intentional event.
(5)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
protect the environment and the health, safety and welfare of the people of
this state.
(6)
Assure that all personnel who are employed by the permittee are trained in
proper procedures for handling, transfer, transport, treatment and storage of
hazardous waste including, but not limited to, familiarization with all
contingency plans.
(7)
Maintain other plans and exhibits and take other actions pertaining to the site
and its operation as determined by the department to be reasonably necessary to
protect the public health, welfare or safety or the environment.
(8)
Restore, to the extent reasonably practicable, the site to its original
condition when use of the area is terminated.
(9)
Maintain a cash bond or other equivalent financial assurance in the name of the
state in an amount estimated by the department to be sufficient to cover any
costs of closing the site, including corrective actions, and monitoring it or
providing for its security after closure and to secure performance of all
permit requirements. The financial assurance shall remain available for the
duration of the permit and until the site is closed, except to the extent it is
released or modified by the department.
(10)
Provide corrective action, including corrective action within the facility or
beyond the facility boundary when determined by the department to be necessary
to protect public health, welfare, safety or the environment, for all releases
of hazardous wastes or constituents of hazardous waste, occurring from
locations within the facility or originating within the facility and releasing
beyond the facility boundary, regardless of the time the hazardous waste was
placed at the facility. The department shall provide to the permittee a written
directive for the necessary corrective action. [Formerly 459.517; 1987 c.540 §10;
1993 c.422 §24]
466.107 Action under ORS 466.105 against
guarantor. (1) If a permittee is in bankruptcy,
reorganization, or arrangement under the Federal Bankruptcy Code or if, with
reasonable diligence, jurisdiction in any state court or any federal court
cannot be obtained over a permittee likely to be solvent at the time of
judgment, any claim arising from conduct for which evidence of financial
responsibility is required under ORS 466.105 (5) and (9) may be asserted
directly against the guarantor providing the evidence of financial
responsibility. In an action under this section, the guarantor shall be
entitled to all rights and defenses that would have been available to the
permittee if the action had been brought against the permittee and that would
have been available to the guarantor if the action had been brought against the
guarantor by the permittee.
(2)
The total liability of any guarantor shall be limited to the aggregate amount the
guarantor has provided as evidence of financial responsibility to the permittee
under ORS 466.105 (5) or (9). Nothing in this section shall be construed to
limit any other state or federal statutory, constructual or common law
liability of a guarantor to a permittee including, but not limited to, the
liability of a guarantor for bad faith either in negotiating or in failing to
negotiate the settlement of any claim.
(3)
As used in this section, “guarantor” means any person other than the permittee,
who provides evidence of financial responsibility for a permittee under ORS
466.105 (5) or (9). [1987 c.540 §3]
466.110 Application; form.
(1) The Department of Environmental Quality shall furnish an application form
to anyone who wishes to operate a hazardous waste storage or treatment site.
(2)
In addition to information requested on the application form, the department
shall also require the submission of such information relating to the
construction, development or establishment of a proposed hazardous waste
storage or treatment site and facilities to be operated in conjunction
therewith and such additional information, data and reports as it deems
necessary to make a decision on granting or denying a license. [Formerly
459.535; 1987 c.540 §22]
466.115 Required application information.
Permit applications submitted to the Department of Environmental Quality for
managing, operating, constructing, developing or establishing a hazardous waste
disposal site must contain the following:
(1)
The management program for the operation of the site, including the person to
be responsible for the operation of the site and a resume of the qualifications
of the person, the proposed method of disposal, the proposed method of
pretreatment or decontamination upon the site, if any, and the proposed
emergency measures to be provided at such site.
(2)
A description of the size and type of facilities to be constructed upon the
site, including the height and type of fencing to be used, the size and
construction of structures or buildings, warning signs, notices and alarms to
be used, the type of drainage and waste treatment facilities and maximum
capacity of such facilities, the location and source of each water supply to be
used and the location and the type of fire control facilities to be provided at
such site.
(3)
A preliminary engineering sketch and flow chart showing proposed plans and
specifications for the construction and development of the site and the waste
treatment and water supply facilities, if any, to be used at such site.
(4)
The exact location and place where the applicant proposes to operate and
maintain the site, including the legal description of the lands included within
such site.
(5)
A preliminary geologist’s survey report indicating land formation, location of
water resources and direction of the flows thereof and the opinion of the
geologist relating to possible sources of contamination of such water
resources.
(6)
The names and addresses of the applicant’s current or proposed insurance
carriers, including copies of insurance policies then in effect. [Formerly
459.540; 1987 c.540 §23]
466.120 Required application information
to operate site. Applications for a permit to
operate a hazardous waste storage or treatment site shall include at a minimum:
(1)
The name and address of the applicant and the exact location of the proposed
storage or treatment site.
(2)
Estimates with respect to compositions, quantities and concentrations of any
hazardous waste identified under ORS 466.005 to 466.385, 466.990 (1) and (2)
and 466.992, and the time, frequency or rate at which such hazardous waste may
be received, stored, treated, transported or disposed.
(3)
A description of the operational plan for the site, including handling methods,
storage or treatment methods, hours and days of operation and a preliminary
engineering sketch showing layout of the site, location of water supply and
drainage facilities and traffic flow.
(4)
A description of security measures at the site including, but not limited to,
type, height and location of fencing, manner for controlling access to the
site, alarm systems and warning signs.
(5)
The name of any person who will be responsible for managing the operation of
the site and a statement of the qualifications of such persons.
(6)
The name of the liability insurance carrier who will provide coverage required
in ORS 466.105. [Formerly 459.545; 1987 c.540 §24; 1993 c.422 §25]
466.125 Notice of hearings on
applications. (1) Prior to holding hearings on a
hazardous waste disposal site permit application, the Environmental Quality
Commission shall cause notice to be given in the county or counties where the
proposed site is located in a manner reasonably calculated to notify interested
and affected persons of the permit application.
(2)
The notice shall contain information regarding the approximate location of the
site and the type and amount of materials intended for disposal at such site,
and shall fix a time and place for a public hearing. In addition, the notice
shall contain a statement that any person interested in or affected by the
proposed site shall have opportunity to testify at the hearing. [Formerly
459.550; 1987 c.540 §25]
466.130 Public hearing in areas of
proposed site required. The Environmental Quality
Commission shall conduct a public hearing in the county or counties where a
proposed hazardous waste disposal site is located and may conduct hearings at
such other places as the Department of Environmental Quality considers
suitable. At the hearing the applicant may present the application and the
public may appear or be represented in support of or in opposition to the
application. [Formerly 459.560]
466.135 Recommendations by state agencies
on applications; effect. Upon receipt of an application
for a hazardous waste disposal site permit, the Department of Environmental
Quality shall cause copies of the application to be sent to affected state
agencies, including the Oregon Health Authority, the Public Utility Commission,
the State Fish and Wildlife Commission and the Water Resources Director. Each
agency shall respond by making a recommendation as to whether the permit
application should be granted. If the Oregon Health Authority recommends
against granting the permit, the Environmental Quality Commission must refuse to
issue the permit. Recommendation from other agencies shall be considered as
evidence in determining whether to grant the permit. [Formerly 459.570; 1987
c.540 §26; 2009 c.595 §944]
466.140 Review of applications; issuance.
(1) The Department of Environmental Quality shall examine and review all
hazardous waste disposal site permit applications submitted to it and make such
investigations as it considers necessary, and make a recommendation to the
Environmental Quality Commission as to whether to issue the permit.
(2)
After reviewing the department’s recommendations under subsection (1) of this
section, the commission shall decide whether or not to issue the permit. It
shall cause notice of its decision to be given to the applicant by certified
mail at the address designated in the application. The decision of the
commission is subject to judicial review under ORS 183.480. [Formerly 459.580;
1987 c.540 §27]
466.145 Review of treatment applications;
issuance. (1) The Department of Environmental
Quality shall review and cause to be investigated all hazardous waste treatment
site permit applications submitted to it.
(2)
After reviewing and investigating the application, the department shall decide
whether or not to issue the permit. It shall cause notice of its decision to be
given to the applicant by certified mail at the address designated in the
application. The decision of the department is subject to review by the
Environmental Quality Commission under the provisions of ORS chapter 183
governing contested cases. [Formerly 459.585; 1987 c.540 §28]
466.150 Permit requirements.
Each hazardous waste disposal site permittee under ORS 466.005 to 466.385 and
466.992 shall be required to do the following as a condition to holding the
permit:
(1)
Proceed expeditiously with and complete the project in accordance with the
plans and specifications approved therefor pursuant to ORS 466.005 to 466.385
and 466.992 and the rules adopted thereunder.
(2)
Commence operation, management or supervision of the hazardous waste disposal
site on completion of the project and not to permanently discontinue such
operation, management or supervision of the site without the approval of the
Department of Environmental Quality.
(3)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
protect the environment, and the health, safety and welfare of the people of
this state.
(4)
Establish emergency procedures and safeguards necessary to prevent accidents
and reasonably foreseeable risks.
(5)
Restore, to the extent reasonably practicable, the site to its original
condition when use of the area is terminated as a site.
(6)
Maintain a cash bond or other equivalent financial assurance in the name of the
state and in an amount estimated by the department to be sufficient to cover
any costs of closing the site, including corrective actions, and monitoring it
or providing for its security after closure and to secure performance of permit
requirements. The financial assurance shall remain in effect for the duration
of the permit and until the end of the post-closure period, except as the
assurance may be released or modified by the department.
(7)
Report periodically on the volume of material received at the site, the fees
collected therefor and waste minimization activities for any hazardous waste
generated on the premises.
(8)
Maintain other plans and exhibits and take other actions pertaining to the site
and its operation as determined by the department to be reasonably necessary to
protect the public health, welfare or safety or the environment. [Formerly
459.590; 1987 c.284 §1; 1987 c.540 §11; 1999 c.740 §5]
466.153 Exemption from state or local laws
for sale or deeding of land. The requirements
of ORS chapters 92, 195 and 197 and other state and local laws for the sale or
deeding of land do not apply to:
(1)
Any portion of a hazardous waste disposal site deeded to the state as a
condition of issuance of a hazardous waste disposal site license under ORS
466.150 (1) (1985 Replacement Part) that the state deeds back to the licensee.
(2)
Any real property deeded to the state as a condition of issuance of a PCB
disposal facility license under ORS 466.320 (1) (1985 Replacement Part) that
the state deeds back to the licensee. [1987 c.284 §5 and 1987 c.540 §55]
Note:
466.153 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 466 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
466.155 Acquisition by condemnation.
The Environmental Quality Commission may acquire real property for the disposal
of hazardous wastes by instituting condemnation proceedings therefor to be
conducted in accordance with ORS chapter 35. [Formerly 459.595]
466.160 Site permit fees; disposition;
withdrawal by permittee. (1) The hazardous waste
treatment, storage or disposal site permit shall require a fee based either on
the volume of material accepted at the site or a percentage of the fee
collected, or both. The fees shall be calculated in amounts estimated to
produce over the site use period a sum sufficient to:
(a)
Secure performance of permit requirements;
(b)
Close the site;
(c)
Provide for any monitoring or security of the site after closure; and
(d)
Provide for any remedial action by the state necessary after closure to protect
the public health, welfare and safety and the environment.
(2)
The amount so paid shall be held in a separate account and when the amount paid
in by the permittee together with the earnings thereon equals the amount of the
financial assurance required under ORS 466.150 (6), the permittee shall be
allowed to withdraw the financial assurance.
(3)
If the site is closed before the fees reach an amount equal to the financial
assurance, appropriate adjustment shall be made and the reduced portion of the
financial assurance may be withdrawn. [Formerly 459.600; 1987 c.284 §3; 1987
c.540 §12]
466.165 Annual fees; use.
(1) An annual fee may be required of every generator, air or water transporter
and permittee under ORS 466.005 to 466.385 and 466.992. The fee shall be in an
amount determined by the Environmental Quality Commission to be adequate, less
any federal funds budgeted therefor by legislative action, to carry on the
monitoring, inspection and surveillance program established under ORS 466.195
and to cover related administrative costs.
(2)
A generator assessed an annual fee established under subsection (1) of this
section shall pay only that part of the annual fee that exceeds the amount paid
in the previous calendar year under ORS 465.375 (3).
(3)
A generator assessed an annual fee under subsection (1) of this section shall
pay to the Department of Environmental Quality, as part of the annual fee, an
annual hazardous waste generation fee of $130 per metric ton of waste generated
during the year. Notwithstanding the amount of waste generated during the year,
the hazardous waste generation fee paid under this subsection may not exceed $32,500.
(4)
The limitation on the hazardous waste generation fee in subsection (3) of this
section does not apply to late charges assessed by the department for failure
to pay the hazardous waste generation fee by the due date.
(5)
Fees collected under this section are continuously appropriated to the
department to pay the cost of carrying on the monitoring, inspection and
surveillance program under ORS 466.195 and related administrative costs. [Formerly
459.610; 1987 c.540 §29; 1991 c.721 §3; 2003 c.654 §6; 2007 c.84 §1]
466.168 Annual fee for used oil processor.
The Environmental Quality Commission may require every used oil processor to
pay an annual fee. The fee shall be in an amount determined by the
Environmental Quality Commission to be adequate to carry out used oil processor
technical assistance, monitoring and inspections necessary to implement the
used oil management requirements adopted by the commission under ORS 459A.590
and 466.086. [1997 c.576 §4]
Note:
466.168 was added to and made a part of 466.005 to 466.385 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
466.170 Revocation of permit; judicial
review. The Environmental Quality Commission
may revoke any permit issued under ORS 466.005 to 466.385 and 466.992 after
public hearing upon a finding that the permittee has violated any provision of
ORS 466.005 to 466.385 and 466.992 or rules adopted pursuant thereto or any
material condition of the permit, subject to review under ORS chapter 183. [Formerly
459.620; 1987 c.540 §30]
466.175 Disposition of site or facility
after revocation; acquisition of site by department.
(1) If the Environmental Quality Commission revokes a permit under ORS 466.170,
the commission may:
(a)
Close an existing hazardous waste disposal site or facility; or
(b)
Direct the Department of Environmental Quality to acquire an existing facility
or site for the disposal, storage or treatment of hazardous waste according to
the provisions of subsection (2) of this section.
(2)
The department may, upon direction of the commission and upon payment of just
compensation, acquire and own an existing facility or site for use in the
disposal, storage or treatment of hazardous waste. In order to secure such a
site, the commission may modify or waive any of the requirements of ORS chapter
459 and ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992, but not ORS
469.375 or 469.525, if it finds that such waiver or modification:
(a)
Is necessary to make operation of the facility or site economically feasible;
and
(b)
Will not endanger the public health and safety or the environment. [Formerly
459.635; 1987 c.540 §31; 1993 c.422 §26; 1993 c.560 §104]
466.180 Department authority to limit storage,
disposal or treatment. (1) The Department of
Environmental Quality may limit, prohibit or otherwise restrict the storage,
treatment or disposal of any hazardous waste if appropriate to protect public
health, welfare or safety or the environment or to prolong the useful life of a
hazardous waste disposal site.
(2)
The department shall monitor the origin and volume of hazardous waste received
at a hazardous waste treatment or disposal site and may curtail or reduce the
volume of the wastes that may be accepted for disposal as necessary to prolong
the useful life of the site.
(3)
The department may restrict or prohibit the disposal of nonhazardous liquid
waste in a hazardous waste disposal site. [Formerly 459.640; 1987 c.540 §13]
466.185 Investigation upon complaint;
hearings; orders. (1) The Department of
Environmental Quality shall investigate any complaint made to it by any person
that the operation of any generator, air or water transporter or hazardous
waste disposal, storage or treatment site is unsafe or that the operation is in
violation of the provisions of ORS 466.005 to 466.385 and 466.992 or the rules
adopted under ORS 466.005 to 466.385 and 466.992.
(2)
If, after making an investigation under subsection (1) of this section, the
department is satisfied that sufficient grounds exist to justify a hearing upon
the complaint, it shall give 10 days’ written notice of the time and place of
the hearing and the matters to be considered at the hearing. A copy of the
complaint shall be furnished by the department to the respondent. Both the
complainant and the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the hearing.
(3)
An administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605 shall hear the matter. Within 30 days after the
date of the hearing and after considering all evidence and testimony submitted,
the Environmental Quality Commission shall make a specific order as it considers
necessary. Any order issued by the commission under this subsection shall be
subject to judicial review in the manner provided by ORS 183.480 for judicial
review of orders in contested cases. The costs of reporting and of transcribing
the hearing for the purpose of judicial review shall be paid by the party
seeking judicial review. [Formerly 459.650; 1987 c.540 §32; 1999 c.849 §§93,94;
2003 c.75 §39]
466.190 Investigation upon motion of
department; findings and orders. (1) Whenever
the Department of Environmental Quality believes that the operation of any
hazardous waste generator, air or water transporter or disposal, storage or
treatment site is unsafe, or in violation of ORS 466.005 to 466.385 and 466.992
or not in compliance with rules or orders, the department may, upon its own
motion, investigate the operation of the site.
(2)
The department may, after it has made an investigation under subsection (1) of
this section, without notice and hearing, make such findings and orders as it
considers necessary from the results of its investigation.
(3)
The findings and orders made by the department under subsection (2) of this
section may:
(a)
Require changes in operations conducted, practices utilized and operating
procedures found to be in violation of ORS 466.005 to 466.385 and 466.992 or
the rules adopted thereunder.
(b)
Require compliance with the provisions of the permit.
(4)
The department shall deliver a certified copy of all orders issued by it under
subsection (2) of this section to the respondent or the respondent’s duly
authorized representative at the address furnished to the department in the
permit application. The order shall take effect 20 days after the date of its
issuance, unless the respondent requests a hearing on the order before the
Environmental Quality Commission before the 20-day period has expired. The
request for a hearing shall be submitted in writing and shall include the
reasons for requesting the hearing. At the conclusion of the hearing, the
commission may affirm, modify or reverse the original order.
(5)
All hearings before the commission shall be in compliance with applicable
provisions of ORS chapter 183. Judicial review of all orders entered after
hearing or where no hearing is requested shall be in accordance with the
applicable provisions of ORS chapter 183 for judicial review of contested
cases. [Formerly 459.660; 1987 c.540 §33]
466.195 Monitoring and surveillance
program; inspection. (1) The Department of
Environmental Quality shall establish and operate a monitoring, inspection and
surveillance program over all hazardous waste generators, air or water
transporters and disposal, storage and treatment sites or may contract with any
qualified public or private agency to do so.
(2)
Any person who generates, stores, treats, transports, disposes of or otherwise
handles or has handled hazardous waste, shall upon request of any officer,
employee or representative of the department, furnish information relating to
such waste and permit such person at all reasonable times to have access to and
to copy all records relating to such waste.
(3)
For the purposes of enforcing the provisions of ORS 466.005 to 466.385, any
officer, employee or representative of the department may:
(a)
Enter at reasonable times any establishment or other place where hazardous
waste is or has been generated, stored, treated, disposed of or transported
from; and
(b)
Inspect and obtain samples from any person of any such waste and samples of any
containers or labeling for such waste. [Formerly 459.670; 1987 c.540 §14]
466.200 Procedure for emergencies.
(1) Whenever, in the judgment of the Department of Environmental Quality from
the results of monitoring or surveillance of operation of any generator, air or
water transporter or hazardous waste disposal, storage or treatment site, there
is reasonable cause to believe that a clear and immediate danger to the public
health, welfare or safety or to the environment exists from the continued
operation of the site, without hearing or prior notice, the department shall
order the operation of the site halted by service of the order on the site
superintendent.
(2)
Within 24 hours after the order is served, the department must appear in the
appropriate circuit court to petition for the equitable relief required to
protect the public health, welfare or safety or the environment and may begin
proceedings to revoke the permit if grounds for revocation exist. [Formerly
459.680; 1987 c.540 §34]
466.205 Liability for improper disposal of
waste; costs; lien for department expenditures.
(1) Any person owning a facility which generates, treats, stores or disposes of
and any person having the care, custody or control of a hazardous waste or a
substance which would be a hazardous waste except for the fact that it is not discarded,
useless or unwanted, who causes or permits any disposal of such waste or
substance in violation of law or otherwise than as reasonably intended for
normal use or handling of such waste or substance, including but not limited to
accidental spills thereof, shall be liable for the damages to person or
property, public or private, caused by such disposition.
(2)
It shall be the obligation of such person to collect, remove or treat such
waste or substance immediately, subject to such direction as the Department of
Environmental Quality may give.
(3)
If such person fails to collect, remove or treat such waste or substance when
under an obligation to do so as provided by subsection (2) of this section, the
department is authorized to take such actions as are necessary to collect,
remove or treat such waste or substance.
(4)
The Director of the Department of Environmental Quality shall keep a record of
all necessary expenses incurred in carrying out any cleanup projects or
activities authorized under subsection (3) of this section, including
reasonable charges for services performed and equipment and materials utilized.
(5)
Any person who fails to collect, remove or treat such waste or substance
immediately, when under an obligation to do so as provided in subsection (2) of
this section, shall be responsible for the necessary expenses incurred by the
state in carrying out a cleanup project or activity authorized under
subsections (3) and (4) of this section.
(6)
If the amount of state-incurred expenses under subsections (3) and (4) of this
section are not paid to the department within 15 days after receipt of notice
that such expenses are due and owing, the Attorney General, at the request of
the director, shall bring an action in the name of the State of Oregon in any
court of competent jurisdiction to recover the amount specified in the final
order of the director.
(7)
All expenditures covered by this section and all penalties and damages for
which a person is liable to the state under this chapter and ORS chapter 465
shall constitute a lien upon any real and personal property owned by such
person.
(8)
The department shall file a claim of lien on real property to be charged with a
lien under subsection (7) of this section with the recording officer of each
county in which the real property is located and shall file a claim of lien on
personal property to be charged with a lien under subsection (7) of this
section with the Secretary of State. The lien shall attach and become
enforceable on the date of such filing. The lien claim shall contain:
(a)
A statement of the demand;
(b)
The name of the person against whose property the lien attaches;
(c)
A description of the property charged with the lien sufficient for
identification; and
(d)
A statement of the failure of the person to perform the cleanup or disposal,
compliance and corrective action and pay penalties and damages as required.
(9)
A lien created by this section may be foreclosed by a suit on real and personal
property in the circuit court in the manner provided by law for the foreclosure
of other liens.
(10)
Nothing in this section shall affect the right of the state to bring an action
against any person to recover all costs and damages for which the person is
liable under the provisions of this chapter. [Formerly 459.685; 1987 c.540 §15]
466.208 Requirement to reimburse
department for costs associated with implementing corrective action.
In accordance with the rules adopted by the Environmental Quality Commission
under ORS 466.045 (5), the permittee, owner or operator shall be responsible
for reimbursing the Department of Environmental Quality for the costs of the
department associated with the implementation of corrective action. [1997 c.576
§3]
466.210 Actions or proceedings to enforce
compliance. Whenever it appears to the Department
of Environmental Quality that any person is engaged or about to engage in any
acts or practices which constitute a violation of ORS 466.005 to 466.385 and
466.992 or the rules and orders adopted thereunder or of the terms of the
permit, without prior administrative hearing, the department may institute
actions or proceedings for legal or equitable remedies to enforce compliance
therewith or to restrain further violations thereof. [Formerly 459.690; 1987
c.540 §35]
466.215 Post-closure permit for disposal
site; rules; fee. (1) At the time a hazardous
waste disposal site is closed, the person permitted under ORS 466.110 to
466.170 to operate the site, must obtain a post-closure permit from the
Department of Environmental Quality.
(2)
A post-closure permit issued under this section must be maintained until the
end of the post-closure period established by the Environmental Quality
Commission by rule.
(3)
In order to obtain a post-closure permit the permittee must provide
post-closure care which shall include at least the following:
(a)
Monitoring and security of the hazardous waste disposal site; and
(b)
Any remedial action necessary to protect the environment and the public health,
welfare and safety.
(4)
The commission may by rule establish a post-closure permit application fee. [Formerly
459.695; 1987 c.540 §36]
466.225 Monitoring site; access.
(1) If the Department of Environmental Quality determines that the presence of
hazardous waste at a facility or site at which hazardous waste is or has been
stored, treated or disposed of, or that the release of hazardous waste from a
hazardous waste storage, treatment or disposal facility or site may present a
substantial hazard to human health or the environment, the department may order
the owner or operator of the facility or site to conduct any monitoring,
testing, analysis and reporting as the department considers necessary to
determine the nature and extent of the hazard.
(2)
If a facility or site is not in operation at the time a determination is made
under subsection (1) of this section and the department finds that the owner of
the facility or site could not reasonably be expected to have actual knowledge
of the presence of hazardous waste at the facility or site and of its potential
for release, the department may order the most recent previous owner or
operator of the facility or site, who could most reasonably be expected to have
such actual knowledge, to carry out the actions required in subsection (1) of
this section.
(3)
Within 30 days after the department issues an order under subsection (1) or (2)
of this section, the person to whom the order is issued shall submit to the
department a proposal for carrying out the required monitoring, testing, analysis
and reporting. The department may require the person to carry out the
monitoring, testing, analysis and reporting described in the proposal and in
any modifications to the proposal that the department considers necessary to
determine the nature and extent of the hazard.
(4)
If the department determines that an owner or operator is not able to conduct
monitoring, testing, analysis or reporting required under subsection (1) or (2)
of this section in a manner satisfactory to the department, or if the department
considers any such action carried out by an owner or operator to be
unsatisfactory, or if the owner or operator fails to comply with the order, or
if the department initially cannot determine that there is an owner or operator
able to conduct such monitoring, testing, analysis or reporting, the department
may:
(a)(A)
Conduct any monitoring, testing or analysis that the department considers
reasonable to determine the nature and extent of the hazard associated with the
facility or site; or
(B)
Authorize another state agency, local authority or person to conduct the
necessary monitoring, testing or analysis; and
(b)
Require, by order, the owner or operator to reimburse the department, state
agency, local authority or person for the costs of conducting the monitoring,
testing or analysis.
(5)
The department may not require an owner or operator to reimburse the department
for the costs of any action carried out by the department under subsection (4)
of this section if the department’s actions confirm the results of monitoring,
testing, analyses or reporting conducted by an owner or operator under
subsection (1) or (2) of this section.
(6)
Any order issued under this section shall be subject to the provisions set
forth in ORS 466.190 and 466.200.
(7)
In order to carry out the provisions of this section, the owner or operator of
the site or facility shall allow necessary access according to the requirements
of ORS 466.195 to the department or any state agency, local authority or person
conducting the monitoring, testing or analysis required under subsection (4)(a)
of this section. [1987 c.540 §2]
(PCB Disposal Facilities)
466.250 Definition of “PCB disposal
facility.” As used in ORS 466.250, 466.255 (2) and
(3) and 466.260 to 466.350, “PCB disposal facility” includes a facility for the
treatment or disposal of PCB. [1985 c.670 §13]
466.255 Disposal of PCB restricted; permit
required for PCB disposal facility. (1) No new
PCB disposal facility shall be constructed on or after January 1, 1985, without
first complying with ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and
466.260 to 466.350.
(2)
No person shall treat or dispose of any PCB anywhere in this state except at a
PCB disposal facility operating under a permit pursuant to ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(3)
No person shall establish, construct or operate a PCB disposal facility without
a permit therefor issued under ORS 466.025 to 466.065, 466.250, 466.255 (2) and
(3) and 466.260 to 466.350. [1985 c.670 §§14,43; 1987 c.540 §37]
466.260 Duties of department.
The Department of Environmental Quality shall:
(1)
Provide for the administration, enforcement and implementation of ORS 466.025
to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 and may perform
all functions necessary:
(a)
To regulate the operation and construction of a PCB disposal facility; and
(b)
For the permitting of a PCB disposal facility in consultation with the
appropriate county governing body or city council.
(2)
Coordinate and supervise all functions of state and local governmental agencies
engaged in activities subject to the provisions of ORS 466.025 to 466.065,
466.250, 466.255 (2) and (3) and 466.260 to 466.350. [1985 c.670 §15; 1987
c.540 §38]
466.265 Rules for regulation of PCB
disposal. In accordance with applicable
provisions of ORS chapter 183, the Environmental Quality Commission shall:
(1)
Adopt rules and issue orders, including but not limited to establishing minimum
requirements for the disposal of PCB, minimum requirements for operation,
maintenance, monitoring, reporting and supervision of disposal facilities, and
requirements and procedures for selection of such facilities.
(2)
Adopt rules and issue orders relating to the procedures of the Department of
Environmental Quality with respect to hearings, filing of reports, submission
of plans and the issuance, revocation and modification of permits issued under
ORS 466.005 to 466.385. [1985 c.670 §16; 1987 c.158 §88; 1987 c.540 §39]
466.270 Criteria for rules; study of
disposal methods. (1) In adopting rules under ORS
466.265 regulating the disposal of PCB including, but not limited to, rules for
the operation and maintenance of a PCB disposal facility, the Environmental
Quality Commission shall provide for the best practicable disposal of the PCB
in a manner that will minimize the possibility of adverse effects on the public
health and safety or environment.
(2)
The Department of Environmental Quality shall investigate and analyze in detail
the disposal methods and procedures required to be adopted by rule under
subsection (1) of this section and ORS 466.265 and shall report its findings
and recommendations to the commission. [1985 c.670 §17]
466.275 Permit application for PCB
disposal facility. Permit applications submitted to
the Department of Environmental Quality for managing, operating, constructing,
developing or establishing a PCB disposal facility must contain the following:
(1)
The management program for the operation of the facility including the person
to be responsible for the operation of the facility and a resume of the person’s
qualifications, the proposed method of disposal, the proposed method of
pretreatment or decontamination of the facility, if any, and the proposed
emergency measures to be provided at the facility.
(2)
A description of the size and type of facility to be constructed, including the
height and type of fencing to be used, the size and construction of structures
or buildings, warning signs, notices and alarms to be used, the type of
drainage and waste treatment facilities and maximum capacity of such
facilities, the location and source of each water supply to be used and the
location and the type of fire control facilities to be provided at the
facility.
(3)
A preliminary engineering sketch and flow chart showing proposed plans and
specifications for the construction and development of the disposal facility
and the waste treatment and water supply facilities, if any, to be used at the
facility.
(4)
The exact location and place where the applicant proposes to operate and
maintain the PCB disposal facility, including the legal description of the
lands included within the facility.
(5)
A geologist’s survey report indicating land formation, location of water
resources and direction of the flows thereof and the geologist’s opinion
relating to the potential of contamination of water resources including but not
limited to possible sources of such contamination.
(6)
The names and addresses of the applicant’s current or proposed insurance
carriers, including copies of insurance policies then in effect. [1985 c.670 §18;
1987 c.540 §40]
466.280 Copies of application to be sent to
affected state agencies. Upon receipt of an application
for a PCB disposal facility permit, the Department of Environmental Quality
shall cause copies of the application to be sent to affected state agencies,
including the Oregon Health Authority, the Public Utility Commission, the State
Fish and Wildlife Commission and the Water Resources Director. Each agency
shall respond within the period specified by the Department of Environmental
Quality by making a written recommendation as to whether the permit application
should be granted. Recommendation from other agencies shall be considered in
determining whether to grant the permit. [1985 c.670 §19; 1987 c.540 §41; 2009
c.595 §945]
466.285 Notice of hearings on application.
(1) Prior to holding hearings on a PCB disposal facility permit application,
the Environmental Quality Commission shall cause notice to be given in the
county or counties where the proposed facility is to be located in a manner
reasonably calculated to notify interested and affected persons of the permit
application.
(2)
The notice shall contain information regarding the approximate location of the
facility and the type and amount of PCB intended for disposal at the facility,
and shall fix a time and place for a public hearing. In addition, the notice
shall contain a statement that any person interested in or affected by the
proposed PCB disposal facility shall have opportunity to testify at the
hearing. [1985 c.670 §20; 1987 c.540 §42]
466.290 Public hearing in area of proposed
facility required. The Environmental Quality
Commission shall conduct a public hearing in the county or counties where a
proposed PCB disposal facility is located and may conduct hearings at other
places as the Department of Environmental Quality considers suitable. At the
hearing the applicant may present the application and the public may appear or
be represented in support of or in opposition to the application. [1985 c.670 §21]
466.295 Examination of applications;
recommendation to commission; decision as to issuance; notice to applicant.
(1) At the close of the application period under ORS 466.040, the Department of
Environmental Quality shall examine and review all PCB disposal facility permit
applications submitted to the Environmental Quality Commission and make such
investigations as the department considers necessary, and make a recommendation
to the commission as to whether to issue the permit.
(2)
After reviewing the department’s recommendations under subsection (1) of this
section, the commission shall decide whether or not to issue the permit. It
shall cause notice of its decision to be given to the applicant by certified
mail at the address designated in the application. The decision of the
commission is subject to judicial review under ORS 183.480. [1985 c.670 §22;
1987 c.540 §43]
466.300 Restrictions on commission
authority to issue permit. The Environmental Quality
Commission may not issue a permit under ORS 466.295 for any facility designed
to dispose of PCB by incineration unless:
(1)
The facility is also equipped to incinerate hazardous waste; and
(2)
The applicant has received all federal and state licenses and permits required
to operate a hazardous waste incinerator. [1985 c.670 §23; 1987 c.540 §44]
466.305 Investigation of complaints;
hearing; order.(1) The Department of
Environmental Quality shall investigate any complaint made to it by any person
that the operation of any PCB disposal facility is unsafe or that the operation
is in violation of a condition of the operator’s permit or any provisions of
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or
the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3)
and 466.260 to 466.350. Upon receiving a complaint, the department shall
furnish a copy of the complaint to the person holding the permit to operate the
PCB disposal facility.
(2)
If, after making an investigation under subsection (1) of this section, the
department is satisfied that sufficient grounds exist to justify a hearing upon
the complaint, it shall give 10 days’ written notice of the time and place of
the hearing and the matters to be considered at the hearing. Both the
complainant and the respondent are entitled to be heard, produce evidence and
offer exhibits and to require the attendance of witnesses at the hearing.
(3)
An administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605 shall hear the matter. Within 30 days after the
date of the hearing and after considering all evidence and testimony submitted,
the Environmental Quality Commission shall make a specific order as it
considers necessary. Any order issued by the commission under this subsection
shall be subject to judicial review in the manner provided by ORS 183.480 for
judicial review of orders in contested cases. The costs of reporting and of
transcribing the hearing for the purpose of judicial review shall be paid by
the party seeking judicial review. [1985 c.670 §24; 1987 c.540 §45; 1999 c.849 §§96,97;
2003 c.75 §40]
466.310 Monitoring, inspection and
surveillance program; access to facility and records.
The Department of Environmental Quality shall establish and operate a
monitoring, inspection and surveillance program over all PCB disposal
facilities or may contract with any qualified public or private agency other
than the owner or permittee to do so. Owners and operators of a PCB disposal
facility must allow necessary access to the PCB disposal facility and to its
records, including those required by other public agencies, for the monitoring,
inspection and surveillance program to operate. [1985 c.670 §25; 1987 c.540 §46]
466.315 Procedure for emergency.
(1) Whenever, in the judgment of the Department of Environmental Quality, there
is reasonable cause to believe that a clear and immediate danger to the public
health or safety or to the environment exists from the continued operation of
the facility, without hearing or prior notice, the department shall order the
operation of the facility halted by service of the order on the facility
operator or an agent of the operator.
(2)
Within 24 hours after the order is served, the department must appear in the
appropriate circuit court to petition for the equitable relief required to
protect the public health or safety or the environment and may begin
proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 §26;
1987 c.540 §47]
466.320 Conditions for holding permit.
Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,
466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the
following as a condition to holding the permit:
(1)
Proceed expeditiously with and complete the project in accordance with the
plans and specifications approved and the rules adopted under ORS 466.025 to
466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
(2)
Commence operation, management or supervision of the PCB disposal facility on
completion of the project and not to permanently discontinue the operation,
management or supervision of the facility without the approval of the
Department of Environmental Quality.
(3)
Maintain sufficient liability insurance or equivalent financial assurance in
such amounts as determined by the department to be reasonably necessary to
compensate for damage to the public health and safety and environment.
(4)
Establish emergency procedures and safeguards necessary to prevent accidents
and reasonably foreseeable risks.
(5)
Restore, to the extent reasonably practicable, the area of the facility to its
original condition when use of the area is terminated as a facility.
(6)
Maintain a cash bond or other equivalent financial assurance in the name of the
state and in an amount estimated by the department to be sufficient to cover
any costs of closing the facility and monitoring it or providing for its
security after closure, to secure performance of permit requirements and to
provide for any remedial action by the state necessary to protect the public
health and safety and the environment following facility closure. The financial
assurance shall remain on deposit for the duration of the permit and until the
end of the post-closure period, except as the assurance may be released or
modified by the department.
(7)
Report periodically to the department on the volume and types of PCB received
at the facility, their manner of disposition and the fees collected therefor.
(8)
Maintain other plans and exhibits pertaining to the facility and its operation
as determined by the department to be reasonably necessary to protect the
public health or safety or the environment.
(9)
Maintain records of any PCB identified under provisions of ORS 466.025 to
466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 which is stored,
treated or disposed of at the facility and the manner in which the PCB was
stored, treated, transported or disposed of. The records shall be retained for
the period of time determined by the Environmental Quality Commission.
(10)
Assure that all personnel who are employed by the permittee are trained in
proper procedures for handling, transfer, transport, treatment, disposal and
storage of PCB including but not limited to familiarization with all
contingency plans.
(11)
If disposal is by incineration, the facility must also incinerate a reasonable
ratio of hazardous waste. [1985 c.670 §27; 1987 c.284 §2; 1987 c.540 §48]
466.325 Annual fee.
An annual fee may be required of every PCB disposal facility permittee under
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350.
The fee shall be in an amount determined by the Environmental Quality
Commission to be adequate to carry on the monitoring, inspection and
surveillance program established under ORS 466.310 and to cover related
administrative costs. All such fees are continuously appropriated to the
Department of Environmental Quality to pay the cost of the program under ORS
466.310. [1985 c.670 §28; 1987 c.540 §49]
466.330 Acquisition by state of real property
for disposal of PCB. The Environmental Quality
Commission may acquire real property for the disposal of PCB by instituting
condemnation proceedings therefor to be conducted in accordance with ORS
chapter 35. [1985 c.670 §29]
466.335 Consequences of revocation.
(1) If the Environmental Quality Commission revokes a PCB disposal facility
permit under ORS 466.170, the commission may:
(a)
Close the existing PCB disposal site or facility; or
(b)
Direct the Department of Environmental Quality to acquire an existing facility
or site for the disposal or treatment of PCB according to the provisions of
subsection (2) of this section.
(2)
The department may, upon direction from the commission and after payment of
just compensation, acquire and own an existing facility for use in the disposal
of PCB. In order to secure such a facility, the commission may modify or waive
any of the requirements of ORS chapter 459 and ORS 466.005 to 466.385, 466.990
(1) and (2) and 466.992, but not ORS 469.375 or 469.525, if the commission
finds that waiver or modification:
(a)
Is necessary to make operation of the facility economically feasible; and
(b)
Will not endanger the public health and safety or the environment. [1985 c.670 §30;
1987 c.540 §50; 1993 c.422 §27; 1993 c.560 §105]
466.340 Restrictions on treatment or disposal
of PCB at facility. (1) The Department of
Environmental Quality may limit, prohibit or otherwise restrict the treatment
or disposal of PCB at a disposal facility if appropriate to protect public
health and safety or the environment.
(2)
The department shall monitor the origin and volume of PCB received at a
disposal facility acquired and regulated under ORS 466.335, and may curtail or
reduce the volume of the PCB that may be accepted for disposal as necessary to:
(a)
Protect public health and safety or the environment; or
(b)
Assure that the operation of the facility is economically feasible.
(3)
The department shall not accept any PCB at a disposal facility owned by the
state from a state that is not a party to the Northwest Interstate Compact on
Low-Level Radioactive Waste Management as set forth in ORS 469.930. [1985 c.670
§31]
466.345 PCB facility permit fee.
(1) The PCB disposal facility permit shall require a fee based either on the
volume of PCB accepted at the facility or a percentage of the fee collected, or
both. The fees shall be calculated in amounts estimated to produce over the
facility use period a sum sufficient to:
(a)
Secure performance of permit requirements;
(b)
Close the facility;
(c)
Provide for any monitoring or security of the facility after closure; and
(d)
Provide for any remedial action by the state necessary after closure to protect
the public health and safety and the environment.
(2)
The amount so paid shall be held in a separate account and when the amount paid
in by the permittee together with the earnings thereon equals the amount of the
financial assurance required under ORS 466.320, the permittee shall be allowed
to withdraw the financial assurance.
(3)
If the facility is closed before the fees reach an amount equal to the
financial assurance, appropriate adjustment shall be made and the reduced
portion of the financial assurance may be withdrawn. [1985 c.670 §32; 1987
c.284 §4; 1987 c.540 §51]
466.350 Post-closure permit; fee.
(1) At the time a PCB disposal facility is closed, the person permitted under
ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to
operate the facility must obtain a post-closure permit from the Department of
Environmental Quality.
(2)
A post-closure permit issued under this section must be maintained until the
end of the post-closure period established by the Environmental Quality
Commission by rule.
(3)
In order to obtain a post-closure permit the permittee must provide
post-closure care which shall include at least the following:
(a)
Monitoring and security of the PCB disposal facility; and
(b)
Any remedial action necessary to protect the public health and safety and
environment.
(4)
The commission may by rule establish a post-closure permit application fee. [1985
c.670 §33; 1987 c.540 §52]
466.355 Interstate cooperation regarding
toxics use and hazardous waste reduction programs.
(1) The Department of Environmental Quality shall work with representatives of
the States of Washington, Idaho and Alaska to establish provisions in each
state to assure that any generator disposing of hazardous waste or PCB at an
Oregon hazardous waste or PCB disposal facility has implemented a toxics use
reduction and hazardous waste reduction program substantially equivalent to any
toxics use reduction and hazardous waste reduction program required of Oregon
generators.
(2)
The department shall report to the appropriate legislative interim committee on
the department’s progress in carrying out the purpose of subsection (1) of this
section. [1989 c.833 §100]
466.357 Requirements for certain generators
of hazardous waste. Any person operating a hazardous
waste or PCB disposal facility pursuant to a permit issued under ORS 466.005 to
466.385 shall not accept hazardous waste or PCB from an Oregon generator unless
the generator first certifies that the generator has implemented a toxics use
reduction and hazardous waste reduction program as required under Oregon law,
or with respect to an out-of-state generator, the generator has certified
compliance with the waste minimization requirements of section 224(a) of the
Hazardous and Solid Waste Amendments of 1984, P.L. 98-616. [1989 c.833 §99]
NOTICE OF ENVIRONMENTAL HAZARDS
466.360 Policy.
(1) The Legislative Assembly finds that:
(a)
Disposal sites exist on certain lots or parcels of real property within Oregon
that may restrict future land development or constitute a potential hazard to
the health, safety and welfare of Oregon’s citizens, particularly if present or
future owners use or modify the parcels without taking into consideration the
use restrictions or environmental hazards posed by the former disposal
activity.
(b)
Permits, licenses and approvals that have been or may be granted by the
Environmental Quality Commission, the Department of Environmental Quality or
the Energy Facility Siting Council authorizing disposal of waste upon real
property protect the health, safety and welfare of Oregon citizens only if
adequate notice of post-closure use restrictions is given to future purchasers
of the real property.
(c)
Disposal sites created prior to regulation may be potentially hazardous if use
restrictions are not imposed.
(d)
Proper precautions and maintenance cannot be taken and continued unless the
location of the disposal site, the nature and extent of its potential hazard
and use restrictions are known to cities and counties and those who own and
occupy the property.
(2)
It is hereby declared to be the public policy of this state to give notice to
local governments of potential hazardous disposal sites and to impose use
restrictions on those sites. [1985 c.273 §2]
466.365 Commission authority to establish
sites for which notice is required; rulemaking; report to Legislative Assembly.
(1) The Environmental Quality Commission may establish by rule adopted under
ORS chapter 183:
(a)
A list of sites for which environmental hazard notices must be given and use
restrictions must be imposed. The list shall be consistent with the policy set
forth in ORS 466.360 and may include any of the following sites that contain
potential hazards to the health, safety and welfare of Oregon’s citizens:
(A)
A land disposal site as defined by ORS 459.005;
(B)
A hazardous waste disposal site as defined by ORS 466.005;
(C)
A disposal site containing radioactive waste as defined by ORS 469.300; and
(D)
A facility.
(b)
The form and content of use restrictions to be imposed on the sites, which
shall require at least that post-closure use of the site not disturb the
integrity of the final cover, liners or any other components of any containment
system or the function of the facility’s monitoring systems, unless the Department
of Environmental Quality finds that the disturbance:
(A)
Will not increase the potential hazard to human health or the environment; or
(B)
Is necessary to reduce a threat to human health or the environment.
(c)
The form and content of the environmental hazard notices to be filed with
cities and counties.
(d)
The circumstances allowing and procedures for removal or amendment of
environmental hazard notices and use restrictions provided by the department.
(e)
Any other provisions the commission considers necessary for the department to
accomplish the purpose of ORS 466.360 to 466.385.
(2)
Spills and releases cleaned up pursuant to ORS 466.205 and 468B.315 shall not
be listed as sites to be regulated under subsection (1) of this section.
(3)
Before hearings on and adoption of rules under subsection (1) of this section,
the department shall notify each person who owns a disposal site or an owner or
operator of a facility of the rulemaking proceedings.
(4)
The department shall report to each Legislative Assembly on any site or
facility for which environmental hazard notices and use restrictions have been
amended or removed as provided by rule adopted under subsection (1)(d) of this
section.
(5)
The commission shall not list a site, spill or release under subsection (1) of
this section, if the commission finds that within 90 days of receipt of notice
under subsection (3) of this section, the owner cleaned up the site, spill or
release so it is no longer a potential hazard to the health, safety and welfare
of Oregon’s citizens.
(6)
As used in this section, “facility” has the meaning given in ORS 465.200. [1985
c.273 §3; 1987 c.735 §25; 1991 c.480 §10]
466.370 Notice to owner; hearing; filing of
notice if no objection. (1) The Department of Environmental
Quality shall notify by certified mail any person who owns a lot or parcel upon
which a disposal site listed under ORS 466.365 exists. The notice shall:
(a)
Describe the disposal site and potentially hazardous environmental conditions;
(b)
Describe the use restrictions that will be imposed;
(c)
Explain that an environmental hazard notice will be sent to the appropriate
city or county under ORS 466.375; and
(d)
Advise the person of the procedure for requesting a hearing under subsection
(2) of this section.
(2)
If any person receiving notice under subsection (1) of this section objects to
the use restrictions, the person may request a hearing before the Environmental
Quality Commission. The request shall be in writing and must be submitted to
the department within 20 days after the person receives the notice under
subsection (1) of this section. The hearing shall be conducted according to the
provisions for a contested case hearing in ORS 183.413 to 183.497.
(3)
If no hearing is requested within 20 days after receipt of the notice, the
department shall file the environmental hazard notice with the appropriate city
or county. [1985 c.273 §4]
466.375 Filing of notice; content of
notice. The Department of Environmental Quality
shall file an environmental hazard notice with the city or county in which a
site listed under ORS 466.365 (1) is located. The notice shall contain the
following information:
(1)
A description of the lot or parcel upon which the disposal site is located;
(2)
The restrictions that apply to post-closure use of the property; and
(3)
Information regarding the potential environment hazards posed by the disposal
site to assist the city or county in complying with ORS 466.385. [1985 c.273 §5]
466.380 Interagency agreement for notices
for radioactive waste disposal sites. The
Department of Environmental Quality and the State Department of Energy shall
enter into an interagency agreement providing for the implementation of the
provisions of ORS 466.360 to 466.385 relating to radioactive waste disposal
sites. [1985 c.273 §6]
466.385 Amendment of comprehensive plan
and land use regulations; model language; appeal of land use decision related
to site requiring notice. (1) By the first periodic review
after development of model language under subsection (2) of this section, the
governing body of a city or county shall amend its comprehensive plan and land
use regulations as provided in ORS 197.610 to 197.651 to establish and
implement policies regarding potentially hazardous environmental conditions on
sites listed under ORS 466.365. The land use regulations shall provide that:
(a)
The city or county shall not approve any proposed use of a disposal site for
which the city or county has received notice under ORS 466.370 until the
Department of Environmental Quality has been notified and provided the city or
county with comments on the proposed use; and
(b)
Within 120 days of receipt of an environmental hazard notice from the
Department of Environmental Quality, the city or county shall amend its zoning
maps to identify the disposal site.
(2)
The Department of Environmental Quality and the Department of Land Conservation
and Development shall:
(a)
Develop model language for comprehensive plans and land use regulations for use
by cities and counties in complying with this section; and
(b)
Provide technical assistance to cities and counties in complying with ORS
466.360 to 466.385.
(3)
The Department of Environmental Quality may appeal to the Land Use Board of
Appeals any final land use decision or limited land use decision made by a city
or county regarding any proposed use of a disposal site that has been
identified under its comprehensive plan and land use regulations pursuant to
this section. [1985 c.273 §7; 1991 c.612 §22; 1991 c.817 §30; 2001 c.672 §12]
466.450
[1987 c.86 §1; repealed by 1997 c.16 §3]
466.455
[1987 c.86 §2; repealed by 1997 c.16 §3]
466.460
[1987 c.86 §3; repealed by 1997 c.16 §3]
USE OF PCB
466.505 Definitions for ORS 466.505 to
466.530. As used in ORS 466.505 to 466.530:
(1)
“PCB” means the class of chlorinated biphenyl, terphenyl, higher polyphenyl, or
mixtures of these compounds, produced by replacing two or more hydrogen atoms
on the biphenyl, terphenyl, or higher polyphenyl molecule with chlorine atoms. “PCB”
does not include chlorinated biphenyls, terphenyls, higher polyphenyls, or
mixtures of these compounds, that have functional groups attached other than
chlorine unless that functional group on the chlorinated biphenyls, terphenyls,
higher polyphenyls, or mixtures thereof of these compounds, is determined to be
dangerous to the public health under ORS 466.525.
(2)
“Ppm” means parts per million. [Formerly 468.900]
466.510 Sale of items containing
concentrations of PCB prohibited; rules; exceptions.
(1) Except as provided in ORS 466.515, a person shall not sell, manufacture for
sale, or use in this state an item, product or material if the item, product or
material contains a concentration of PCB equal to or greater than 100 ppm.
(2)
The commission by rule may prescribe a lower maximum concentration of PCB for
specific items, products or materials if it finds the 100 ppm concentration
specified in subsection (1) of this section to be inadequate to protect the
public health from the toxic dangers of the PCB contained in that item, product
or material. However, an item, product or material for which a lower maximum
concentration of PCB is prescribed by federal law, rule or regulation shall not
be allowed a concentration of PCB higher than that federal maximum. [Formerly
468.903; 2007 c.71 §147]
466.515 Electric transformers or capacitors
exempted; rules. Notwithstanding ORS 466.510:
(1)
PCB or an item, product or material containing PCB may be sold for use or used
in this state if it is used in a closed system as a dielectric fluid for an
electric transformer or capacitor pursuant to rules of the commission to insure
the public health. However, upon adequate documentation of the availability of
reasonable substitutes which meet performance standards and environmental
acceptability, the commission after public hearing by rule may modify these
exclusions in whole or in part by requiring the phasing in of the substitute or
substitutes.
(2)
An item, product or material containing PCB may be manufactured for sale, sold
for use or used in this state pursuant to an exemption certificate issued by
the department under ORS 466.520. [Formerly 468.906]
466.520 Exemption certificates;
applications; conditions. (1) A person may make written
application to the department for an exemption certificate on forms provided by
the department. The department may require additional information or materials
to accompany the application as it considers necessary for an accurate
evaluation of the application.
(2)
The department shall grant an exemption for residual amounts of PCB remaining
in electric transformer cores after the PCB in a transformer is drained and the
transformer is filled with a substitute approved under ORS 466.515.
(3)
The department may grant an exemption for an item, product or material
manufactured for sale, sold for use, or used by the person if the item, product
or material contains incidental concentrations of PCB.
(4)
In granting a certificate of exemption, the department shall impose conditions
on the exemption in order that the exemption covers only incidental
concentrations of PCB.
(5)
As used in this section, “incidental concentrations of PCB” means
concentrations of PCB which are beyond the control of the person and which are
not the result of the person having:
(a)
Exposed the item, product or material to concentrations of PCB.
(b)
Failed to take reasonable measures to rid the item, product or material of
concentrations of PCB.
(c)
Failed to use a reasonable substitute for the item, product or material for
which the exemption is sought. [Formerly 468.909]
466.525 Additional PCB compounds may be
prohibited by rule. The commission after hearing by
rule may include as a PCB and regulate accordingly any chlorinated biphenyls,
terphenyls, higher polyphenyls, or mixtures of these compounds that have
functional groups attached other than chlorine if that functional group on the
chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these
compounds is found to constitute a danger to public health. [Formerly 468.912]
466.530 Prohibited disposal of waste
containing PCB. After October 4, 1977, a person
shall not dispose of solid or liquid waste resulting from the use of PCB or an
item, product or material containing or which has contained a concentration
equal to or greater than 100 ppm of PCB except in conformity with rules of the
commission adopted pursuant to ORS 466.005 to 466.385 and 466.992. [Formerly
468.921]
466.540
[1987 c.539 §52; 1987 c.735 §1; 1989 c.171 §60; renumbered 465.200 in 1989]
466.547
[1987 c.735 §2; renumbered 465.205 in 1989]
466.550
[1987 c.735 §3; renumbered 465.210 in 1989]
466.553
[1987 c.735 §4; renumbered 465.400 in 1989]
466.555
[1987 c.735 §5; renumbered 465.420 in 1989]
466.557
[1987 c.735 §6; 1989 c.485 §1; renumbered 465.215 in 1989]
466.560
[1987 c.735 §7; 1989 c.485 §9; renumbered 465.220 in 1989]
466.563
[1987 c.735 §8; 1989 c.485 §10; renumbered 465.245 in 1989]
466.565
[1987 c.735 §9; renumbered 465.250 in 1989]
466.567
[1987 c.735 §10; renumbered 465.255 in 1989]
466.570
[1987 c.735 §11; renumbered 465.260 in 1989]
466.573
[1987 c.735 §12; renumbered 465.315 in 1989]
466.575
[1987 c.735 §13; renumbered 465.320 in 1989]
466.577
[1987 c.735 §14; renumbered 465.325 in 1989]
466.580
[1987 c.735 §15; renumbered 465.330 in 1989]
466.583
[1987 c.735 §16; renumbered 465.335 in 1989]
466.585
[1987 c.735 §17; renumbered 465.340 in 1989]
466.587
[1987 c.735 §18; 1989 c.485 §11; renumbered 465.375 in 1989]
466.590
[1987 c.735 §19; 1989 c.833 §§113,169; 1989 c.966 §53; renumbered 465.380 in
1989]
SPILL RESPONSE AND CLEANUP
OF HAZARDOUS MATERIALS
466.605 Definitions for ORS 466.605 to
466.680. As used in ORS 466.605 to 466.680 and
466.990 (3) and (4):
(1)
“Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit.
(2)
“Cleanup” means the containment, collection, removal, treatment or disposal of
oil or hazardous material; site restoration; and any investigations,
monitoring, surveys, testing and other information gathering required or
conducted by the Department of Environmental Quality.
(3)
“Cleanup costs” means all costs associated with the cleanup of a spill or
release incurred by the state, its political subdivision or any person with
written approval from the department when implementing ORS 466.205, 466.605 to
466.680, 466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4)
“Commission” means the Environmental Quality Commission.
(5)
“Department” means the Department of Environmental Quality.
(6)
“Director” means the Director of the Department of Environmental Quality.
(7)
“Hazardous material” means one of the following:
(a)
A material designated by the commission under ORS 466.630.
(b)
Hazardous waste as defined in ORS 466.005.
(c)
Radioactive waste as defined in ORS 469.300, radioactive material identified by
the Energy Facility Siting Council under ORS 469.605 and radioactive substances
as defined in ORS 453.005.
(d)
Communicable disease agents as regulated by the Oregon Health Authority under
ORS 431.035 to 431.530, 433.001 to 433.045 and 433.110 to 433.770.
(e)
Hazardous substances designated by the United States Environmental Protection
Agency under section 311 of the Federal Water Pollution Control Act, P.L.
92-500, as amended.
(8)
“Oils” or “oil” includes gasoline, crude oil, fuel oil, diesel oil, lubricating
oil, sludge, oil refuse and any other petroleum related product.
(9)
“Person” means an individual, trust, firm, joint stock company, corporation,
partnership, association, municipal corporation, political subdivision,
interstate body, the state and any agency or commission thereof and the federal
government and any agency thereof.
(10)
“Reportable quantity” means one of the following:
(a)
A quantity designated by the commission under ORS 466.625.
(b)
The lesser of:
(A)
The quantity designated for hazardous substances by the United States
Environmental Protection Agency pursuant to section 311 of the Federal Water
Pollution Control Act, P.L. 92-500, as amended;
(B)
The quantity designated for hazardous waste under ORS 466.005 to 466.385,
466.990 (1) and (2) and 466.992;
(C)
Any quantity of radioactive material, radioactive substance or radioactive
waste;
(D)
If spilled into waters of the state, or escape into waters of the state is
likely, any quantity of oil that would produce a visible oily slick, oily
solids, or coat aquatic life, habitat or property with oil, but excluding
normal discharges from properly operating marine engines; or
(E)
If spilled on land, any quantity of oil over one barrel.
(c)
Ten pounds unless otherwise designated by the commission under ORS 466.625.
(11)
“Respond” or “response” means:
(a)
Actions taken to monitor, assess and evaluate a spill or release or threatened
spill or release of oil or hazardous material;
(b)
First aid, rescue or medical services, and fire suppression; or
(c)
Containment or other actions appropriate to prevent, minimize or mitigate
damage to the public health, safety, welfare or the environment which may
result from a spill or release or threatened spill or release if action is not
taken.
(12)
“Spill or release” means the discharge, deposit, injection, dumping, spilling,
emitting, releasing, leaking or placing of any oil or hazardous material into
the air or into or on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454, 459, 459A, 468,
468A, 468B or 469, ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or
federal law or while being stored or used for its intended purpose.
(13)
“Threatened spill or release” means oil or hazardous material is likely to
escape or be carried into the air or into or on any land or waters of the
state. [1985 c.733 §1; 1987 c.735 §26; 1989 c.6 §14; 1993 c.422 §28; 1997 c.249
§162; 2007 c.445 §41; 2009 c.595 §946]
466.610 Department authority relating to
cleanup of oil or hazardous material. Subject to
policy direction by the Environmental Quality Commission, the Department of
Environmental Quality may:
(1)
Conduct and prepare independently or in cooperation with others, studies,
investigations, research and programs pertaining to the containment,
collection, removal or cleanup of oil and hazardous material.
(2)
Advise, consult, participate and cooperate with other agencies of the state,
political subdivisions, other states or the federal government, in respect to
any proceedings and all matters pertaining to responses, remedial actions or
cleanup of oil and hazardous material and financing of cleanup costs, including
radioactive waste, materials and substances otherwise subject to ORS chapters
453 and 469.
(3)
Employ personnel, including specialists and consultants, purchase materials and
supplies and enter into contracts with public and private parties necessary to
carry out the provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and
466.995 (2).
(4)
Conduct and supervise educational programs about oil and hazardous material,
including the preparation and distribution of information regarding the
containment, collection, removal or cleanup of oil and hazardous material.
(5)
Provide advisory technical consultation and services to units of local
government and to state agencies.
(6)
Develop and conduct demonstration programs in cooperation with units of local
government.
(7)
Perform all other acts necessary to carry out the duties, powers and
responsibilities of the department under ORS 466.605 to 466.680, 466.990 (3)
and (4) and 466.995 (2). [1985 c.733 §2; 1993 c.422 §29; 1999 c.849 §§99,100;
2003 c.75 §41]
466.615 Limit on commission and department
authority over radioactive substances. Nothing in
ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) is intended to
grant the Environmental Quality Commission or the Department of Environmental
Quality authority over any radioactive substance regulated by the Oregon Health
Authority under ORS chapter 453, or any radioactive material or waste regulated
by the State Department of Energy or Energy Facility Siting Council under ORS
chapter 469. [1985 c.733 §3; 1993 c.422 §30; 2009 c.595 §947]
466.620 Emergency response plan.
In accordance with the applicable provisions of ORS chapter 183, the
Environmental Quality Commission shall adopt an oil and hazardous material
emergency response master plan consistent with the plan adopted by the
Department of Transportation under ORS 453.825 and 453.835, and after
consultation with the office of the State Fire Marshal, the Oregon State
Police, the Oregon Fire Chiefs Association and any other appropriate agency or
organization. [1985 c.733 §4; 1989 c.833 §92; 2005 c.825 §16]
466.625 Rulemaking.
In accordance with applicable provisions of ORS chapter 183, the Environmental
Quality Commission may adopt rules including but not limited to:
(1)
Provisions to establish that quantity of oil or hazardous material spilled or
released which shall be reported under ORS 466.635. The commission may
determine that one single quantity shall be the reportable quantity for any oil
or hazardous material, regardless of the medium into which the oil or hazardous
material is spilled or released.
(2)
Establishing procedures for the issuance, modification and termination of
permits, orders, collection of recoverable costs and filing of notifications.
(3)
Any other provision consistent with the provisions of ORS 401.025, 466.605 to
466.680, 466.900 (3) and (4), 466.995 (2) and 468.070 that the commission
considers necessary to carry out ORS 401.025, 466.605 to 466.680, 466.990 (3)
and (4), 466.995 (2) and 468.070. [1985 c.733 §5; 1993 c.422 §31]
466.630 Commission designation of substance
as hazardous material. (1) By rule, the Environmental
Quality Commission may designate as a hazardous material any element, compound,
mixture, solution or substance which when spilled or released into the air or
into or on any land or waters of the state may present a substantial danger to
the public health, safety, welfare or the environment.
(2)
Before designating a substance as hazardous material, the commission must find
that the hazardous material, because of its quantity, concentration or physical
or chemical characteristics may pose a present or future hazard to human
health, safety, welfare or the environment when spilled or released. [1985
c.733 §6]
466.635 Report of spill or release of
reportable quantity of hazardous material. Any
person owning or having control over any oil or hazardous material who has
knowledge of a spill or release shall immediately notify the Office of
Emergency Management as soon as that person knows the spill or release is a
reportable quantity. [1985 c.733 §7; 2007 c.740 §39]
466.640 Strict liability for spill or
release; exceptions. (1) Any person owning or having
control over any oil or hazardous material spilled or released or threatening
to spill or release shall be strictly liable without regard to fault for the
spill or release or threatened spill or release. However, in any action to
recover damages, the person shall be relieved from strict liability without
regard to fault if the person can prove that the spill or release of oil or
hazardous material was caused by:
(a)
An act of war or sabotage or an act of God.
(b)
Negligence on the part of the United States Government or the State of Oregon.
(c)
An act or omission of a third party without regard to whether any such act or
omission was or was not negligent.
(2)
Notwithstanding the provisions of subsection (1) of this section:
(a)
A person who has entered into, and is in compliance with, an administrative
agreement under ORS 465.327 is not liable to the State of Oregon for any spill
or release of oil or hazardous material at a facility that is subject to ORS
465.200 to 465.545 existing as of the date of the person’s acquisition of
ownership or operation of the facility, to the extent provided in ORS 465.327.
(b)
A person who has entered into, and is in compliance with, a judicial consent
judgment or an administrative consent order under ORS 465.327 is not liable to
the State of Oregon or any person for any spill or release of oil or hazardous
material at a facility that is subject to ORS 465.200 to 465.545 existing as of
the date of the person’s acquisition of ownership or operation of the facility,
to the extent provided in ORS 465.327. [1985 c.733 §8; 2011 c.487 §3]
466.645 Cleanup; failure to complete
cleanup. (1) Any person liable for a spill or
release or threatened spill or release under ORS 466.640 shall immediately
clean up the spill or release under the direction of the Department of
Environmental Quality. Any person liable for a spill or release or a threatened
spill or release shall immediately initiate cleanup, whether or not the
department has directed the cleanup. The department may require the responsible
person to undertake such investigations, monitoring, surveys, testing and other
information gathering as the department considers necessary or appropriate to:
(a)
Identify the existence and extent of the spill or release;
(b)
Identify the source and nature of oil or hazardous material involved; and
(c)
Evaluate the extent of danger to the public health, safety, welfare or the
environment.
(2)
If any person liable under ORS 466.640 does not immediately commence and
promptly and adequately complete the cleanup, the department may clean up, or
contract for the cleanup of the spill or release or the threatened spill or
release.
(3)
Whenever the department is authorized to act under subsection (2) of this
section, the department directly or by contract may undertake such
investigations, monitoring, surveys, testing and other information gathering as
it may deem appropriate to identify the existence and extent of the spill or
release, the source and nature of oil or hazardous material involved and the
extent of danger to the public health, safety, welfare or the environment. In
addition, the department directly or by contract may undertake such planning, fiscal,
economic, engineering and other studies and investigations it may deem
appropriate to plan and direct cleanup actions, to recover the costs thereof
and legal costs and to enforce the provisions of ORS 466.605 to 466.680. [1985
c.733 §9; 1987 c.158 §89; 1991 c.650 §5]
466.650
[1985 c.733 §10; repealed by 1987 c.735 §27]
466.653
[1987 c.539 §42; repealed by 1989 c.833 §175]
466.655
[1985 c.733 §11; repealed by 1987 c.735 §27]
466.660
[1985 c.733 §12; 1987 c.158 §90; repealed by 1989 c.833 §175]
466.665
[1985 c.733 §13; 1987 c.158 §91; repealed by 1989 c.833 §175]
466.670 Oil and Hazardous Material
Emergency Response and Remedial Action Fund. (1)
The Oil and Hazardous Material Emergency Response and Remedial Action Fund is
established separate and distinct from the General Fund in the State Treasury.
Interest earned on the fund shall be credited to the fund. Moneys received by
the Department of Environmental Quality for the purpose of oil or hazardous
material emergency response or remedial action shall be paid into the State
Treasury and credited to the fund.
(2)
The State Treasurer shall invest and reinvest moneys in the Oil and Hazardous
Material Emergency Response and Remedial Action Fund in the manner provided by
law.