138 sections in this chapter.
ORS 465.003 Definitions for ORS 465.003 to 465.034. As used in ORS 465.003 to 465.034
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(1) “Conditionally exempt generator” means a generator that generates less than 2.2 pounds of acute hazardous waste as defined by 40 C.F.R. 261 and that generates less than 220 pounds of hazardous waste in one calendar month. (2) “Facility” means all buildings, equipment, structu…
ORS 465.006 Policy. (1) In the interest of protecting the public health, safety and the environment, the Legislative Assembly declares that it is the policy of the State of Oregon to encourage reduction in the use of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental media or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste
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(2) The Legislative Assembly finds that the best means to achieve the policy set forth in subsection (1) of this section is by: (a) Providing toxics users and generators with technical assistance; (b) Requiring toxics users to engage in comprehensive planning and develop measurab…
ORS 465.009 Rules. The Environmental Quality Commission by rule may
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(1) Add or remove any toxic substance or hazardous waste from the provisions of ORS 465.003 to 465.034; and (2) Modify the definition of “large user” to coincide with the amounts specified in federal regulations for the reporting of toxic chemical releases. [1989 c.833 §4; 2005 c…
ORS 465.010 [Amended by 1971 c.743 §371; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.012 Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules. (1) The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which the department shall give priority in providing technical assistance, the department shall consider at least the following
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(a) Amounts and toxicity of toxics used and amounts of hazardous waste disposed of, discharged and released; (b) Potential for current and future toxics use reduction and hazardous waste reduction; and (c) The toxics related exposures and risks posed to public health, safety and …
ORS 465.015 Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility. (1) Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental Quality that the person meets the definition of a toxics user, complete a toxics use reduction and hazardous waste reduction plan. At a minimum, a plan shall include
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(a) A written policy articulating organizational support for the toxics use reduction and hazardous waste reduction plan and a commitment by the organization to implement plan goals. (b) A description of its scope and objectives, including the evaluation of technologies, procedur…
ORS 465.018 Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system. (1) Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics user shall notify the Department of Environmental Quality in a form determined by the department that the plan or system is in place
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(2) Twelve months after notifying the department under subsection (1) of this section, the toxics user shall provide an implementation summary to the department. (3) Twenty-four months after notifying the department under subsection (1) of this section, the toxics user shall prov…
ORS 465.020 [Amended by 1979 c.284 §151; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.021 Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty. (1) The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental management system
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(2) If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inadequacy, identifying the specific deficiencies. The department also may specify a reasonable tim…
ORS 465.024 [1989 c.833 §10; 1997 c.384 §2; repealed by 2005 c.206 §11]
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[Repealed or reserved.]
ORS 465.027 Contract for assistance with higher education institution. Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out the provisions of ORS 465.003 to 465.034. The assistance shall emphasize strategies to encourage toxics use reduction and hazardous waste reduction and shall provide assistance to facilities under ORS 465.003 to 465.034. The assistance may include but need not be limited to
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(1) Engineering internships; (2) Engineering curriculum development; (3) Applied toxics use reduction and hazardous waste reduction research; and (4) Engineering assistance to users and generators. [1989 c.833 §12]
ORS 465.030 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.031 [1989 c.833 §14; repealed by 2005 c.206 §11]
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[Repealed or reserved.]
ORS 465.032 Form of implementation summary; information required. An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include, but not be limited to
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(1) A summary of how the toxics use reduction and hazardous waste reduction plan or environmental management system has been implemented; (2) A description of specific successes that the toxics user has had in reducing the use of toxic substances or the generation of hazardous wa…
ORS 465.034 Application of ORS 465.003 to 465.034. Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to
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(1) Hazardous wastes generated from a removal, as defined in ORS 465.200, or from a one-time event. (2) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute. [1989 c.833 §16; 2005 c.206 §9]
ORS 465.037 Short title. ORS 465.003 to 465.034 shall be known as the Toxics Use Reduction and Hazardous Waste Reduction Act. [1989 c.833 §1]
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[Repealed or reserved.]
ORS 465.040 [Amended by 1971 c.743 §372; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.050 [Amended by 1971 c.743 §373; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.060 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.070 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.090 [Amended by 1971 c.743 §374; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.100 [1977 c.850 §2; 1985 c.728 §83; 1987 c.914 §26; renumbered 464.430 in 1987]
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BULK PETROLEUM PRODUCT WITHDRAWAL REGULATION
ORS 465.101 Definitions for ORS 465.101 to 465.131. As used in ORS 465.101 to 465.131
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(1) “Bulk facility” means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge…
ORS 465.104 Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators. (1) The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person who orders the withdrawal a petroleum products withdrawal delivery fee in the maximum amount of $10
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(2) Any person who imports petroleum products in a cargo tank or a barge for delivery into a storage tank, other than a tank connected to a bulk facility, shall pay a petroleum products import delivery fee in the maximum amount of $10 to the Department of Revenue for each such de…
ORS 465.106 Amount of fee to be set by State Fire Marshal; rules. The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state’s oil, hazardous material and hazardous substance emergency response program, as described in ORS 465.127. [1993 c.707 §3]
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[Repealed or reserved.]
ORS 465.110 [Amended by 1953 c.540 §5; 1967 c.470 §62; 1969 c.684 §16; 1983 c.470 §6; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.111 Department of Revenue to collect fee; exemption from fee of protected petroleum products. (1) The Department of Revenue shall collect the fee imposed under ORS 465.104
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(2) Any petroleum product which the Constitution or laws of the United States prohibit the state from taxing is exempt from the fee imposed under ORS 465.104. [1989 c.833 §142]
ORS 465.112 Amounts held in trust; enforcement. (1) Every seller of a petroleum product withdrawn from a bulk facility required to collect the fee imposed by ORS 465.101 to 465.131 is deemed to hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided by ORS 465.104
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(2) If the seller fails to remit any amount of the fee deemed to be held in trust for the State of Oregon, the department may enforce collection by the issuance of a distraint warrant for the collection of the delinquent amount and all penalties, interest and collection charges a…
ORS 465.114 Extension of time for paying fee; interest on extended payment. The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 465.101 to 465.131. The extension may be granted at any time if a written request is filed with the department 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. [1989 c.833 §143; 2017 c.278 §23]
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[Repealed or reserved.]
ORS 465.117 Records of petroleum products transactions; inspection by Department of Revenue. (1) Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person’s registered place of business complete and accurate records of any petroleum products sold, purchased by or brought in or caused to be brought in to the place of business
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(2) The Department of Revenue, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 465.101 to 465.131. [1989 c.833 §144…
ORS 465.120 [Amended by 1979 c.284 §152; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.121 Rules. The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent with its provisions and are considered necessary and appropriate. [1989 c.833 §145]
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[Repealed or reserved.]
ORS 465.124 Application of ORS chapters 305 and 314 to fee collection. The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, 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 465.101 to 465.131, except where the context requires otherwise. [1989 c.833 §146; 1995 c.650 §61]
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[Repealed or reserved.]
ORS 465.127 Disposition of fees; administrative expenses; other uses. All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state’s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 §147; 1989 c.935 §4; 1993 c.707 §1]
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[Repealed or reserved.]
ORS 465.130 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.131 Fee imposed by ORS 465.104 in addition to fees established by local government. The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 §148]
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[Repealed or reserved.]
ORS 465.140 [Amended by 1989 c.846 §12; renumbered 105.570 in 1989]
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[Repealed or reserved.]
ORS 465.150 [Amended by 1953 c.540 §5; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.155 [1953 c.540 §4; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.160 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.170 [Repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.180 [Repealed by 1989 c.846 §15]
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REMOVAL OR REMEDIAL ACTION (Generally)
ORS 465.200 Definitions. As used in ORS 465.200 to 465.485 and 465.900
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(1) “Claim” means a demand in writing for a sum certain. (2) “Commission” means the Environmental Quality Commission. (3) “Department” means the Department of Environmental Quality. (4) “Director” means the Director of the Department of Environmental Quality. (5) “Environment” in…
ORS 465.205 Legislative findings. (1) The Legislative Assembly finds that
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(a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and (b) The threats posed by the release of a hazardous substance can be minimized by prompt identification of f…
ORS 465.210 Authority of department for removal or remedial action. (1) In addition to any other authority granted by law, the Department of Environmental Quality may
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(a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity nece…
ORS 465.215 List of facilities with confirmed release. (1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405
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(2) The director shall make the list available for the public at the offices of the Department of Environmental Quality. (3) The list shall include but need not be limited to the following items, if known: (a) A general description of the facility; (b) Address or location; (c) Ti…
ORS 465.220 Comprehensive statewide identification program; notice. (1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action
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(2) The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection (1) of this section. The notice shall include information about how the public may provide information on a releas…
ORS 465.225 Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory. (1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which
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(a) A confirmed release is documented by the department; and (b) The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety…
ORS 465.230 Removal of facilities from inventory; criteria. (1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines
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(a) Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future public health, safety, welfare and the environment; (b) No further action is needed to assure protection of present and future public h…
ORS 465.235 Public inspection of inventory; information included in inventory; organization; report; action plan. (1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality
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(2) The inventory shall include but need not be limited to: (a) The following information, if known: (A) A general description of the facility; (B) Address or location; (C) Time period during which a release occurred; (D) Name of current owner and operator and names of any past o…