Oregon Administrative Code

340-122-0540 Solid Waste Orphan Site Account: Funding Factors DEQ may fund only those remedial action costs defined in ORS 465.200(16) that are reasonable in DEQ’s judgement. DEQ shall consider at least the following factors, to the extent relevant information is available, in de…

340-122-0550 Solid Waste Orphan Site Account: Grants and Loans DEQ may provide local government units with solid waste Orphan Site Account funds in the form of: (1) A grant for remedial action costs exceeding the maximum amount collected by surcharge or equivalent funding; or (2)…

340-122-0560 Solid Waste Orphan Site Account: Application Process (1) Local government unit applicants shall submit a grant or loan application to DEQ on a DEQ-approved form, and additional information deemed necessary by DEQ. Applications for potential funding will be due accord…

340-122-0570 Solid Waste Orphan Site Account: Funding Conditions (1) For grants under OAR 340-122-0550(1), the local government unit and DEQ shall enter a grant agreement, including provisions regarding: (a) Specification of removal or remedial activities and DEQ oversight pursua…

340-122-0580 Solid Waste Orphan Site Account: Application of Surcharge Proceeds (1) Subject to OAR 340-122-0540, proceeds from surcharge or equivalent funding collected by a local government unit shall be credited by DEQ toward the local government unit’s funding obligation under…

340-122-0590 Solid Waste Orphan Site Account: Limitations (1) Funding from the solid waste Orphan Site Account under these rules does not substitute for existing obligations, including solid waste disposal site financial assurance requirements of ORS 459. (2) DEQ may apply the fa…

340-124-0010 Purpose of Rules (1) These rules establish the standards and procedures to be used to implement ORS 465.200 and 465.500 through 465.548. (2) These rules establish: (a) Definitions for terms used in the rules; (b) Requirements for minimizing waste and releases from dr…

340-124-0015 Applicability These rules are applicable to: (1) Persons operating a dry cleaning facility or dry store. (2) Persons delivering perchloroethylene to a dry cleaning facility in Oregon. (3) Persons who own real property underlying active and inactive dry cleaning facil…

340-124-0020 Definitions For the purposes of OAR 340-124-0010 to 340-124-0080, unless otherwise defined therein, the words and phrases used in these rules have the following meanings: (1) “Account” means the Dry Cleaner Environmental Response Account created under ORS 465.510. (2…

340-124-0040 Waste Minimization Requirements In addition to the otherwise applicable hazardous waste management requirements of OAR 340-100-0001 and 0002 that apply to hazardous waste generators and facilities, the following waste minimization requirements implement ORS 465.505. …

340-124-0050 Notification of Change at A Dry Cleaning Business or Dry Store The dry cleaning operator and/or dry store operator shall notify the Department on forms provided by the Department within 60 days of the applicable activities listed below: (1) Closure of a dry cleaning …

340-124-0055 Requirements for Dry Stores Any dry cleaning machinery at a dry store location shall have dry cleaning solvent and solvent-containing residue removed from the dry cleaning machinery in accordance with 40 CFR 261.4(c) and the dry cleaning machine shall not be connecte…

340-124-0060 Funding from Dry Cleaner Environmental Response Account at Dry Cleaning Facilities (1) For a contaminated dry cleaning facility to receive funding for remedial actions, conditions A through C must be met. (a) The person performing the remedial action shall submit a c…

340-124-0065 Priority Ranking System The Department shall determine the order in which to use funds from the Account using standardized site assessment prioritization criteria. The criteria shall include but not be limited to: (1) Risk to the environment based on the following: (…

340-124-0070 Remedial Actions Prior to Funding from Account (1) A person performing remedial action at a dry cleaning facility may apply to the Department to be reimbursed by the Account for remedial action costs incurred. The Department may use funds from the Account to reimburs…

340-124-0080 Enrolled Inactive Site List (1) The opportunity to be listed is limited to inactive dry cleaning facilities eligible to receive funding from the Account as of December 31, 2001. (2) To be eligible to receive funding from the Dry Cleaner Environmental Response Account…

340-130-0001 Purpose and Policies (1) These rules implement ORS 466.360 to 466.385 (Notice of Environmental Hazards). (2) Recognizing that sites with waste or contamination exist in the state that, if altered, are potentially hazardous to the health, safety and welfare of Oregon’…

340-130-0005 Definitions For the purposes of this Division, the following definitions apply: (1) “Commission” means the Environmental Quality Commission. (2) “Council” means the Energy Facility Siting Council. (3) “Department” means the Department of Environmental Quality. (4) “D…

340-130-0010 Exclusions (1) Subject to section (2) of this rule, an environmental hazard notice shall not be issued for a site: (a) Where investigation or cleanup activities are occurring or where the Department has determined will occur; or (b) Which presently is regulated by a …

340-130-0015 Factors for Issuing a Notice One or more of the following factors shall be considered by the Commission when determining whether to issue an environmental hazard notice for a particular site: (1) The likelihood that the site could threaten public health, safety or th…

340-130-0020 Use Restrictions to Accompany a Notice (1) The Commission shall include use restrictions when it issues an environmental hazard notice. Use restrictions are included with a notice to ensure that uses at a potentially hazardous site do not cause the site to be altered…

340-130-0025 Procedure for Issuing a Notice (1) In additional to sites identified by the Department, any person may request, in writing, that the Department ask the Commission to issue an environmental hazard notice for a particular site. The request must include information whic…

340-130-0030 Procedures for Rescinding or Modifying a Notice (1) Except as provided by sections (2)–(5) of this rule, any modification or rescission of an environmental hazard notice shall follow the requirements for issuance of an environmental hazard notice in OAR 340-130-0025.…

340-130-0035 Procedures for Cities and Counties (1) Following the adoption of OAR 340, division 130 by the Commission, the Department shall notify all cities and counties of their potential responsibilities to carry out the provisions of ORS 466.360 to 466.385 and this rule. The …

340-135-0000 Purpose The purpose of these rules is to reference the Oregon statute that describes the planning and reporting requirements for toxic use reduction and hazardous waste reduction. The rules are adopted pursuant to the authority of and are to be used in conjunction wi…

340-135-0010 Policies (1) The State places a high priority on reducing toxic substances use and hazardous waste whenever technically and economically practicable as described in ORS 465.006. (2) The Department will attempt to coordinate with universities and other state and feder…

340-135-0020 Definitions (1) Definitions in ORS 465.003(1) through 465.003(13) apply to OAR 340-135-0000 through 340-135-0110. (2) "Department" means the Department of Environmental Quality. Statutory/Other Authority: ORS 465.003, 466.005, 466.015 & 468 Statutes/Other Implemented…

340-135-0030 Applicability (1) OAR 340-135 applies to toxics users as defined in ORS 465.003, which include: (a) Facilities required to submit a uniform toxic chemical release form under the federal Toxics Release Inventory (TRI) program, defined as large users in ORS 465.003(6);…

340-135-0040 Toxic Substances and Hazardous Wastes Identification (1) Toxic substances as defined in ORS 465.003(9) and hazardous wastes as defined in 465.003(5) are subject to the planning and reporting requirements set forth in this rule, except those materials listed in 340-13…

340-135-0050 Planning and Notification Toxics users must: (1) Develop and implement a reduction plan or an environmental management system according to ORS 465.015 that includes the toxic substances and hazardous wastes specified in 465.015(4). Toxics users that have already met …

340-135-0055 Implementation Summary (1) Toxics users that were in compliance with the Toxics Use Reduction and Hazardous Waste Reduction law and rules before June 9, 2005 must complete one implementation summary as provided in ORS 465.018 and 465.032. (2) Toxics users that were n…

340-135-0090 Information Access (1) Toxics users must keep the reduction plan and environmental management system on site in accordance with ORS 465.015(6), and available for review by the Department in accordance with 465.018(4). (2) Reduction plans and environmental management …

340-135-0105 Technical Assistance and Restrictions on Enforcement (1) According to ORS 465.012, the Department will provide toxics users, including very small quantity generators as defined under 40 C.F.R. 260.10, with technical assistance. (2) The Department will coordinate its …

340-135-0110 Compliance and Enforcement Procedures (1) The Department may review and determine the adequacy of a plan, environmental management system or implementation summary during compliance inspections in accordance with ORS 465.021(1) and 465.021(5). (2) If a toxics user fa…

340-140-0010 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 475.405 through 475.495. (2) The purpose of these rules is to establish the policies of the Department of Environmental Quality when responding to a reques…

340-140-0020 Definitions As used in these rules: (1) “Administrative Costs” means direct staff, overhead and indirect costs of operating the program. Costs will be established using previous experience with cleanup management. (2) “Chemical” has that meaning set forth in ORS 475.…

340-140-0040 Extent of Assistance to Be Provided (1) Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, cleanup, store and dispose of chemicals located at or resulting from an alleged drug manufacturing site. (2) To arrange for ass…

340-140-0050 Responsibilities for Ownership of Waste, Storage, and Security (1) When the disposal of chemicals from an illegal drug lab cannot be accomplished immediately after discovery, all confiscated materials will be the responsibility of the law enforcement agency and decla…

340-140-0060 Evidence Management After site cleanup operations there may be confiscated materials that must be managed by the law enforcement agency receiving cleanup assistance under some conditions: (1) Materials transported to temporary storage because they are needed in the p…

340-140-0070 Funding Participation The initial funds needed to support the operation of this program will be provided by the Department: (1) Federal law enforcement agencies will be asked to repay the full cost of the cleanup. (2) Any agency that is invoiced for cleanup costs mus…

340-140-0080 Records of Cleanups and Disposals (1) The Department shall keep records of drug lab cleanups and resulting hazardous materials and waste management activities of its contractors. (2) Each operation will be recorded in a file available in accordance with the public re…

340-140-0090 Recovered Funds (1) The Department may demand repayment of cleanup costs from the responsible party when that person is known to the Department. (2) The law enforcement agency assisted shall provide the Department with a schedule of any court actions involving the pr…

340-140-0100 Confiscated Materials Management (1) In carrying out cleanup operations, items with residual contamination, in addition to hazardous waste, may be taken into custody and turned over to the Department by a law enforcement agency to protect public health and/or the env…

340-141-0001 Purpose and Applicability (1) The purpose of these rules is to establish: (a) Fees for covered vessels and facilities; (b) Contingency preparedness and planning standards for covered vessels and facilities needing approved plans before operating in Oregon; and (c) St…

340-141-0005 Definitions as used in this Division (1) "Average Most Probable" spill, release or discharge means the probable volume of oil that may spill as defined in a plan considering the history of spills from similar facilities or vessels of the same class operating on the w…

340-141-0010 Program Administration and Compliance Fees (1) All offshore and onshore facilities required to develop oil spill prevention and emergency response plans under ORS 468B.345 are required to pay the annual fee established in 468B.405(1). Fees for offshore and onshore fa…

340-141-0100 Plan Preparation (1) The owner or operator of each onshore and offshore facility handling or storing 10,000 gallons of oil or more per day and of each covered vessel must prepare a contingency plan for the prevention, containment and cleanup of oil spills from the fa…

340-141-0130 Plan Format Requirements (1) Plans must be prepared using a combination of narrative and graphic formats that provide both detailed spill response information and quick access to general information needed during an emergency response. (2) Plans must be divided into …

340-141-0140 Plan Content Requirements (1) Submittal Agreement. Each plan must contain a submittal agreement that: (a) Includes the name, address and phone number of the submitting party; (b) Verifies acceptance of the plan, including any incorporated contingency plans, by the ow…

340-141-0150 Oil Spill Contingency Planning Standards (1) The purpose of this rule is to establish oil spill prevention and emergency response contingency planning standards for onshore and offshore facilities, pipelines and vessels that will, when followed: (a) Promote the preve…