Oregon Administrative Code

340-122-0030 Scope and Applicability These rules apply to the release or threat of release of hazardous substances into the environment, except as provided below: (1) Exempted Releases. These rules shall not apply to releases exempted pursuant to ORS 465.200(21)(a), (b), (c), and…

340-122-0040 Standards (1) Any removal or remedial action shall address a release or threat of release of hazardous substances in a manner that assures protection of present and future public health, safety, and welfare, and the environment. (2) In the event of a release of a haz…

340-122-0047 Generic Remedies (1) The Department may identify or develop generic remedies for common categories of facilities, hazardous substances, or impacted media. For purposes of this rule, a “generic remedy” means a potential remedial technology or method developed or ident…

340-122-0050 Activities (1) The Director may perform or require to be performed the following activities: (a) Preliminary Assessment; (b) Removal; (c) Remedial Investigation; (d) Risk Assessment; (e) Feasibility Study; or (f) Other investigations and remedial action. (2) These ac…

340-122-0070 Removal (1) Based upon the Preliminary Assessment or other information, the Director may perform, require to be performed, or approve a removal that the Director determines is consistent with the standards set forth under OAR 340-122-0040 and is necessary to prevent,…

340-122-0071 Site Evaluation (1) When the Department receives information about a release or potential release of a hazardous substance, the Department shall evaluate the information and document its conclusions. The purpose of the site evaluation is to determine whether a releas…

340-122-0072 Preliminary Assessments (1) The Department shall conduct a preliminary assessment or approve a preliminary assessment conducted by another person in accordance with section (4) of this rule if the Department determines that a release of a hazardous substance poses a …

340-122-0073 Confirmation of a Release (1) The Director shall determine that a release of a hazardous substance has been confirmed for the purposes of listing a facility on the Confirmed Release List or the Inventory if the Director determines that the release meets the criteria …

340-122-0074 Development of Confirmed Release List (1) For the purpose of providing public information, the Director shall develop and maintain a Confirmed Release List of all facilities for which the Director has confirmed a release of a hazardous substance in accordance with OA…

340-122-0075 Development of Inventory (1) For the purpose of providing public information, the Director shall develop and maintain an Inventory of facilities for which the Director: (a) Has confirmed a release of a hazardous substance in accordance with OAR 340-122-0073; and (b) …

340-122-0076 Inventory Ranking (1)(a) The Department will score facilities placed on the Inventory in accordance with the Site Scoring Procedure set forth in Appendix 1. The Site Scoring Procedure provides criteria for scoring facilities based on the short-term and long-term risk…

340-122-0077 Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory (1) An owner or operator of a facility listed on the Confirmed Release List or Inventory, or any other person adversely affected by the listing, may request the Director to r…

340-122-0078 Inventory Delisting — Public Notice and Participation (1) Prior to the approval or denial of a petition to remove a facility from the Inventory submitted pursuant to OAR 340-122-0077, the Department shall: (a) Publish a notice and brief description of the proposed ac…

340-122-0079 Delisting — Determination by the Director (1) The Director shall consider requests or proposals to remove facilities from the Confirmed Release List or the Inventory submitted in accordance with OAR 340-122-0077. The Director shall delist a facility from the Confirme…

340-122-0080 Remedial Investigation (1) If, based upon the Preliminary Assessment, the results of a removal, or other information, the Director determines that remedial action might be necessary to protect public health, safety or welfare, or the environment, the Director may per…

340-122-0084 Risk Assessment This rule establishes a risk protocol for performance of human health and ecological risk assessments, including: General requirements for risk assessments and specific requirements for baseline human health risk assessments, baseline ecological risk …

340-122-0085 Feasibility Study (1) If, based upon the remedial investigation, the results of a removal, or other information, the Director determines that remedial action might be necessary to protect public health, safety or welfare or the environment, the Director may perform o…

340-122-0090 Selection or Approval of the Remedial Action (1) Based on the administrative record, the Director shall select or approve a remedial action that: (a) Is protective of present and future public health, safety and welfare and of the environment, as specified in OAR 340…

340-122-0100 Public Notice and Participation (1) The Department may solicit public input for any of the activities specified in OAR 340-122-0050. Such input may include, but is not limited to, information related to: (a) Current and reasonably likely land use; (b) Current and rea…

340-122-0110 Administrative Record (1) For purposes of the Director’s selection of a removal or remedial action, and enforcement, cost recovery, or review, if any, related to the Director’s action, the administrative record shall consist of the following types of documents genera…

340-122-0115 Definitions Terms not defined in this rule have the meanings set forth in ORS 465.200. Additional terms are defined as follows unless the context requires otherwise: (1) "Acceptable risk level" with respect to the toxicity of hazardous substances has the meaning set …

340-122-0120 Security Interest Exemption (1) Pre-foreclosure. A person or “holder” who maintains indicia of ownership primarily to protect a security interest in a facility, and who does not participate in the management of the facility, is not an “owner or operator” of such faci…

340-122-0130 Involuntary Acquisition of Property by the Government (1) State or local government ownership or control of property by involuntary acquisition or involuntary transfers within the meaning of ORS 465.255(3)(a)(A) includes, but is not limited to: (a) Involuntary acquis…

340-122-0140 Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries (1) An ORS Chapter 709 trust company acting as a fiduciary and holding property in a fiduciary capacity is exempt from personal liability as an “owner or operator” of the property under ORS 465.255(1…

340-122-0205 Cleanup Rules for Leaking Petroleum UST Systems: Purpose These rules establish the standards and process for the investigation, monitoring, and remedial activities necessary to protect public health, safety, and welfare and the environment in the event of a release o…

340-122-0210 Cleanup Rules for Leaking Petroleum UST Systems: Definitions Terms not defined in this rule have the meanings set forth in ORS 465.200 and 466.706. Additional terms are defined as follows unless the context requires otherwise: (1) "Above-Ground Release" means any rel…

340-122-0215 Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability (1) OAR 340-122-0205 through 340-122-0360 of these rules apply to remediation of leaking petroleum UST systems required or undertaken in accordance with ORS 465.200 et seq. or 466.706, et seq. (…

340-122-0217 Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options (1) For a release of petroleum from an UST system, the responsible person must complete the following requirements: (a) Perform initial response, abatement, and site characterizatio…

340-122-0218 Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis (1) To streamline the investigation of petroleum UST release sites, a responsible person may use expedited site assessment methods (e.g., push probe samplers) for sample collection and analysis as…

340-122-0220 Cleanup Rules for Leaking Petroleum UST Systems: Initial Response For a suspected or confirmed release from a petroleum UST system, the responsible person must perform the following initial response actions within 24 hours: (1) Report the following releases to the De…

340-122-0225 Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check (1) Unless directed to do otherwise by the Department, a responsible person must perform the following abatement measures: (a) Remove as much of the petroleum from the UST syst…

340-122-0230 Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization (1) Unless directed to do otherwise by the Department, a responsible person must collect information about the site and the nature of the release, including information obtained while conf…

340-122-0235 Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal At sites where investigations under OAR 340-122-0225(1)(f) indicate the presence of free product, the responsible person must remove the free product to the maximum extent practicable while continu…

340-122-0240 Cleanup Rules for Leaking Petroleum UST Systems: Investigation for Magnitude and Extent of Contamination (1) If data collected during the initial site characterization do not identify the full nature, magnitude, and extent of soil and groundwater contamination, the r…

340-122-0243 Cleanup Rules for Leaking Petroleum UST Systems: Low-Impact Sites Upon completion of all applicable requirements of OAR 340-122-0205 through 340-122-0240, a responsible person may propose closure of a facility as a low-impact site if information gathered during site …

340-122-0244 Cleanup Rules for Leaking Petroleum UST Systems: Risk-Based Concentrations This rule describes the requirements for developing risk-based concentrations for use in establishing remediation levels in corrective action plans under OAR 340-122-0250. (1) A conceptual mod…

340-122-0250 Cleanup Rules for Leaking Petroleum UST Systems: Corrective Action Plan (1) Subject to section (12) of this rule, a responsible person proposing to remediate a site to risk-based remediation levels must submit a corrective action plan for responding to contaminated s…

340-122-0252 Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies (1) The Department may identify or develop generic remedies for releases from petroleum UST systems. (a) For purposes of this rule, a generic remedy may include: (A) Generic risk-based concentrations f…

340-122-0260 Cleanup Rules for Leaking Petroleum UST Systems: Public Participation (1) The Department shall maintain a list of all confirmed releases and ensure that site release and cleanup information are made available to the public for inspection upon request. (2) For each co…

340-122-0320 Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options A responsible person may elect to clean up petroleum contaminated soils according to the procedures and standards set forth in OAR 340-122-0320 through 340-122-0360. For purposes of the soil…

340-122-0325 Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level (1) In order to determine a specific Matrix cleanup level, the site must first be evaluated by: (a) Assigning a numerical score to each of the five site-specific parameters in OAR 340…

340-122-0330 Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters The site-specific parameters are to be scored as specified in this section. If any of the parameters in sections (1)–(5) of this rule is unknown, that parameter must be given a score of ten: (1) D…

340-122-0335 Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards (1) If the Matrix Score evaluated in OAR 340-122-0330 is: (a) Greater than 40, the site must be cleaned up to at least the Level 1 standards listed in section (2) of this rule; (b) From 2…

340-122-0340 Cleanup Rules for Leaking Petroleum UST Systems: Sample Number and Location The collection and analysis of soil samples is required to verify that a site meets the requirements of these rules. These samples must represent the soils remaining at the site and must be c…

340-122-0345 Cleanup Rules for Leaking Petroleum UST Systems: Sample Collection Methods (1) The following information must be kept during the sampling events: (a) A sketch of the site must be made which clearly shows all of the sample locations and identifies each location with a…

340-122-0355 Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Analytical Results (1) The results of the soil analyses shall be interpreted as follows: (a) If a sample has a concentration less than or equal to the required matrix level, the area represented by that s…

340-122-0360 Cleanup Rules for Leaking Petroleum UST Systems: Reporting Requirements (1) Within 60 days of completing work at a soil matrix site cleaned up pursuant to OAR 340-122-0320 through 340-122-0360, or within a longer period of time approved by the Department, the respons…

340-122-0510 Solid Waste Orphan Site Account: Purpose These rules establish eligibility, selection criteria, and conditions for use of solid waste Orphan Site Account funds. Solid waste Orphan Site Account funds are to be used for investigation and cleanup of hazardous substance …

340-122-0520 Solid Waste Orphan Site Account: Definitions Terms not defined in this section have the meanings set forth in ORS 459.005 and 465.200. Additional terms are defined as follows: (1) “Repayment Plan” means a written agreement between the Department and a local governmen…

340-122-0530 Solid Waste Orphan Site Account: Eligible Sites The terms “disposal site,” “hazardous substances” and “release” are defined in ORS 459.005(11), 465.200(9) and 465.200(14), respectively. Within the meaning of these terms, the solid waste Orphan Site Account may be use…