Chapter 453 — Chapter 453

ORS 453.315 [1971 c.609 §1; 1975 c.606 §22; renumbered 469.310]

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ORS 453.317 Hazardous substance survey; rules; information to be supplied. (1) The State Fire Marshal shall develop a hazardous substance survey and distribute the survey to employers in this state. The survey shall request the following information from such employers

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ORS 453.320 [Amended by 1969 c.514 §52; renumbered 689.860]

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ORS 453.322 Retention of information; distribution of and access to information. (1) The State Fire Marshal shall retain for at least five years the information provided by the employer under ORS 453.317

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ORS 453.325 [1971 c.609 §3; 1975 c.606 §23; renumbered 469.320]

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ORS 453.327 Public access; identity of requester. (1) Notwithstanding any other provision of ORS 453.307 to 453.414 and 476.030, the public is permitted access to records retained under ORS 453.322 relating to hazardous substances not otherwise protected as a trade secret or by a confidentiality agreement described in ORS 453.332 and 453.337. A person requesting information under this section may be required to complete the form provided by the Department of the State Fire Marshal pursuant to subsection (2) of this section

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ORS 453.332 When disclosure of identity may be withheld. (1) An employer responding to a request under ORS 453.317 may withhold the specific hazardous substance identity, including the chemical name and any other specific identification of a hazardous substance, if

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ORS 453.335 [1971 c.609 §7a; 1975 c.606 §25; renumbered 469.330]

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ORS 453.337 When disclosure of identity of hazardous substance required. (1) If a health professional determines that a medical emergency exists and the specific identity of a hazardous substance is necessary for emergency or first-aid treatment, the employer shall immediately, if known, disclose the specific hazardous substance identity without first requiring a written statement of need or a confidentiality agreement. The employer may request a written statement of need and confidentiality agreement as required under subsection (2) of this section as soon as circumstances permit

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ORS 453.342 When incident of injury to be reported; summary of injuries. Any fire department, emergency service personnel or law enforcement agency responding to an incident of injury to a human, wildlife, domestic animal or property resulting from a hazardous substance emergency shall make a report of the incident, in writing, to the Department of the State Fire Marshal. The State Fire Marshal annually shall summarize all incidents reported to the department and the information received as a result of the survey conducted under ORS 453.317. The State Fire Marshal shall submit a copy of the summary to

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ORS 453.345 [1971 c.609 §8; 1973 c.80 §57; 1975 c.606 §26; renumbered 469.350]

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ORS 453.347 Emergency response planning. (1) The State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This planning shall include assisting in and training for the preparation of localized plans setting forth agency responsibilities for on-scene response

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ORS 453.352 Exemption from reporting requirements; rules. The State Fire Marshal may exempt by rule certain hazardous substances from all or part of the reporting requirements of ORS 453.317 and 453.342. Such an exemption can be made only if the State Fire Marshal finds that the location, quantity, concentration or type of hazardous substance or substances is not likely to endanger the public health, welfare or safety or the environment. [1985 c.726 §12]

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ORS 453.355 [1971 c.609 §9; 1975 c.606 §27; renumbered 469.360]

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ORS 453.357 Civil penalty. (1) In addition to any other liability or penalty provided by law the State Fire Marshal may impose a civil penalty in an amount not to exceed $1,000 per day against any employer who, by a complete or partial failure to report hazardous substances, does not comply with the provisions of ORS 453.307 to 453.352 or any order or rule entered or adopted under ORS 453.307 to 453.414

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ORS 453.362 Department of Consumer and Business Services to supply employers’ names; reimbursement. In order to conduct the hazardous substance survey under ORS 453.317, the State Fire Marshal may obtain employers’ names and addresses from the Department of Consumer and Business Services. The Department of the State Fire Marshal shall pay for the expenses incurred by the Department of Consumer and Business Services in providing such information. [1985 c.726 §15; 2021 c.539 §114]

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ORS 453.365 [1971 c.609 §10; 1975 c.552 §38; 1975 c.606 §28; renumbered 469.370]

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ORS 453.367 Rules. In accordance with applicable provisions of ORS chapter 183, the State Fire Marshal shall adopt rules necessary to carry out the provisions of ORS 453.307 to 453.414. [1985 c.726 §5]

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ORS 453.370 Limitations on local community right to know regulatory programs; local fees. (1) In order to maintain and ensure the effectiveness of state programs established under ORS 453.307 to 453.414, as well as to ensure the effectiveness of local efforts, a local government may establish, enforce or enact a local community right to know regulatory program provided that the local program complies with the requirements of this section

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ORS 453.372 Short title. ORS 453.307 to 453.414 may be cited as the Community Right to Know and Protection Act. [1985 c.726 §2]

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ORS 453.374 Hazardous material emergency response system; implementation; contents; rules; fees. The State Fire Marshal shall establish by rule a plan for the effective implementation of a statewide hazardous material emergency response system, which, to the extent practicable, shall be consistent with the emergency response plan adopted under ORS 466.620. The statewide hazardous material emergency response system shall include, but need not be limited to

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ORS 453.375 [1971 c.609 §22; 1975 c.606 §29; renumbered 469.380]

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ORS 453.376 Disclosure of information to State Fire Marshal; entry onto premises. (1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, or enforcing the provisions of ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of the State Fire Marshal

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ORS 453.378 Disclosure of information to local government official; entry onto premises. (1) In order to determine the need for response to a spill or release or threatened spill or release under ORS 453.307 to 453.414, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material shall, upon the request of any authorized local government official, permit the official at all reasonable times to have access to and copy, records relating to the type, quantity, storage locations and hazards of the oil or hazardous material

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ORS 453.380 Regional hazardous material response team; use. In order to protect life and property against the dangers of emergencies involving a hazardous substance as defined in ORS 453.307, the State Fire Marshal may assign and make available for use and duty in any county, city or district, under the direction and command of a person designated by the State Fire Marshal, any part of a regional hazardous material response team and specialized equipment that may be necessary to respond to the emergency. [1989 c.833 §81]

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ORS 453.382 Cost of responding to emergency; responsibility; billing; recovery. (1) Whenever the State Fire Marshal or a local fire department or district dispatches a regional hazardous material response team to an emergency involving a hazardous material or hazardous substance, the State Fire Marshal or local fire department or district may bill the person responsible for causing the emergency for the cost of responding to the emergency. The State Fire Marshal or the local fire department or district also may bill the responsible party for the cost of billing for and collecting the emergency response costs, including but not limited to the costs of administration, investigation and legal services. The billing shall be on forms established by the State Fire Marshal for such purposes

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ORS 453.384 Immunity of team members from liability. During operations authorized under ORS 453.374 to 453.390, members of regional hazardous materials response teams shall be protected and defended from liability under ORS 30.260 to 30.300. [1989 c.833 §85]

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ORS 453.385 [1971 c.609 §11; 1975 c.606 §30; renumbered 469.390]

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ORS 453.386 Equipment and personnel; loaning; grants. (1) In order to accomplish the purposes of ORS 453.374 to 453.390, the State Fire Marshal may lend equipment and personnel and make grants for the purchase of equipment and for personnel costs, as funds are available, to any local government participating in the statewide hazardous material emergency response system

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ORS 453.388 Contracts for equipment, personnel loans or equipment purchases; provisions; rules. (1) The State Fire Marshal and any local government may enter into contracts with each other concerning eligible equipment or personnel loans or equipment purchases. The contract may include any provisions agreed upon by the parties thereto, and for grants shall include the following provisions

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ORS 453.390 Revolving fund; use. (1) When requested in writing by the State Fire Marshal, the Oregon Department of Administrative Services shall draw a warrant on the State Fire Marshal Fund in favor of the State Fire Marshal for use as a revolving fund. The State Treasurer shall hold the revolving fund in a special account against which the State Fire Marshal may draw checks

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ORS 453.392 Spills or releases during transportation by rail; coordinated response plan; report. (1) As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374, the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. The plan adopted under this subsection

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ORS 453.394 Oil and Hazardous Material Transportation by Rail Action Fund. (1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Interest earned by the fund shall be credited to the fund

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ORS 453.395 [1971 c.609 §12; 1975 c.606 §31; renumbered 469.400]

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ORS 453.396 Definitions for ORS 453.396 to 453.414. As used in ORS 453.396 to 453.414

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ORS 453.398 Purpose. It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of hazardous substances at facilities in this state. These provisions are not intended to relieve any person from any other duty or responsibility imposed by law. [1989 c.833 §122]

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ORS 453.400 Possession of hazardous substance; fee. (1) Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance with the fee schedules established under ORS 453.402

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ORS 453.402 Fees; statement; schedules; uses; collection; local hazardous substance fees. (1) The State Fire Marshal shall annually send a statement to each person subject to the fee imposed under ORS 453.400, indicating the amount of the fee due. The amount of the fee shall be in accordance with the fee schedules established under subsection (2) of this section

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ORS 453.404 Extension of payment date. (1) The State Fire Marshal for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 453.396 to 453.414. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, from the time the payment was originally due to the time payment is actually made, shall be added and paid

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ORS 453.405 [1971 c.609 §21; 1973 c.687 §2; 1975 c.606 §32; renumbered 469.420]

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ORS 453.406 Records of hazardous substance possessed; examinations. (1) Every person who possesses a hazardous substance shall keep at its registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used or manufactured at the facility

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ORS 453.408 Rules. (1) The Department of Revenue, in consultation with the State Fire Marshal, is authorized to establish those rules and procedures for the implementation and enforcement of ORS 453.396 to 453.414 that are consistent with its provisions and are considered necessary and appropriate

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ORS 453.410 Application of ORS chapters 305 and 314. The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 453.396 to 453.414, except where the context requires otherwise. [1989 c.833 §128; 1995 c.650 §54]

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ORS 453.412 Deposit and distribution of moneys received from fees. All moneys received by the Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 453.396 to 453.414 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be distributed according to the provisions of ORS 453.402. Moneys collected under ORS 453.396 to 453.414 and credited to the Orphan Site Account shall not be used for removal or remedial action costs at solid waste disposal sites for which a fee is collected under ORS 459.311 or 459.236. [1989 c.833 §129]

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ORS 453.414 Exemption for local government; circumstances allowing. Nothing in ORS 453.396 to 453.412 shall require units of local government to pay a fee imposed under the schedules established under ORS 453.402 (2)(a) and (b) because of the use of material which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the use of such material by the unit of local government is specifically required by a state or federal law or rule or if the use of such material is reasonably necessary to enable the unit of local government to meet a standard imposed by state or federal law or rule, or is the by-product of processes employed to meet a standard imposed by state or federal rule or law. [1989 c.833 §135]

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ORS 453.415 [1971 c.609 §13; 1975 c.606 §33; renumbered 469.430]

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ORS 453.425 [1971 c.609 §23; renumbered 469.440]

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ORS 453.435 [1971 c.609 §5; 1975 c.606 §34; renumbered 469.450]

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ORS 453.445 [1971 c.609 §19; 1975 c.606 §35; renumbered 469.460]

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ORS 453.455 [1971 c.609 §6; 1975 c.606 §36; renumbered 469.470]

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