Chapter 466 — Chapter 466

ORS 466.563 [1987 c.735 §8; 1989 c.485 §10; renumbered 465.245 in 1989]

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ORS 466.565 [1987 c.735 §9; renumbered 465.250 in 1989]

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ORS 466.567 [1987 c.735 §10; renumbered 465.255 in 1989]

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ORS 466.570 [1987 c.735 §11; renumbered 465.260 in 1989]

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ORS 466.573 [1987 c.735 §12; renumbered 465.315 in 1989]

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ORS 466.575 [1987 c.735 §13; renumbered 465.320 in 1989]

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ORS 466.577 [1987 c.735 §14; renumbered 465.325 in 1989]

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ORS 466.580 [1987 c.735 §15; renumbered 465.330 in 1989]

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ORS 466.583 [1987 c.735 §16; renumbered 465.335 in 1989]

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ORS 466.585 [1987 c.735 §17; renumbered 465.340 in 1989]

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ORS 466.587 [1987 c.735 §18; 1989 c.485 §11; renumbered 465.375 in 1989]

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ORS 466.590 [1987 c.735 §19; 1989 c.833 §§113,169; 1989 c.966 §53; renumbered 465.380 in 1989]

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ORS 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)

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ORS 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

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ORS 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]

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ORS 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 Department 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; 2021 c.539 §119]

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ORS 466.625 Rulemaking. In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules including but not limited to

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ORS 466.630 Commission designation of substance as hazardous material; rules. (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

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ORS 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 Oregon Department 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; 2021 c.539 §76]

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ORS 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

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ORS 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

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ORS 466.650 [1985 c.733 §10; repealed by 1987 c.735 §27]

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ORS 466.653 [1987 c.539 §42; repealed by 1989 c.833 §175]

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ORS 466.655 [1985 c.733 §11; repealed by 1987 c.735 §27]

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ORS 466.660 [1985 c.733 §12; 1987 c.158 §90; repealed by 1989 c.833 §175]

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ORS 466.665 [1985 c.733 §13; 1987 c.158 §91; repealed by 1989 c.833 §175]

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ORS 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

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ORS 466.675 Use of moneys in Oil and Hazardous Material Emergency Response and Remedial Action Fund. Moneys in the Oil and Hazardous Material Emergency Response and Remedial Action Fund may be used by the Department of Environmental Quality for the following purposes

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ORS 466.680 Responsibility for expenses of cleanup; record; treble damages; order; appeal. (1) If a person required to clean up oil or hazardous material under ORS 466.645 fails or refuses to do so, the person shall be responsible for the reasonable expenses incurred by the Department of Environmental Quality in carrying out ORS 466.645

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ORS 466.685 [1985 c.733 §19; repealed by 1987 c.735 §27]

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ORS 466.690 [1985 c.733 §20; repealed by 1987 c.735 §27]

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ORS 466.705 [1987 c.539 §2 (enacted in lieu of 468.901); 1989 c.926 §41; 1989 c.1071 §§20,25; repealed by 1991 c.863 §11 (466.706 enacted in lieu of 466.705)]

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ORS 466.706 Definitions for ORS 466.706 to 466.882 and 466.994. As used in ORS 466.706 to 466.882 and 466.994

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ORS 466.710 Application of ORS 466.706 to 466.882 and 466.994. ORS 466.706 to 466.882 and 466.994 shall not apply to a

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ORS 466.715 Legislative findings. (1) The Legislative Assembly finds that

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ORS 466.720 Statewide underground storage tank program; federal authorization; rules. (1) The Environmental Quality Commission shall adopt a statewide underground storage tank program. Except as otherwise provided in ORS 466.706 to 466.882 and 466.994, the statewide program shall establish uniform procedures and standards to protect the public health, safety, welfare and the environment from the consequences of a release from an underground storage tank

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ORS 466.725 Limitation on local government regulation. (1) Except as provided in ORS 466.730, a local unit of government may not enact or enforce any ordinance, rule or regulation relating to the matters encompassed by the state program established under ORS 466.720

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ORS 466.727 Prohibition on local government tax, fee or surcharge. (1) A local unit of government may not impose any tax, fee or surcharge on soil generated as a result of remedial action or replacement of leaking underground storage tanks if financial assistance from the Underground Storage Tank Compliance and Corrective Action Fund has been provided for the remedial action or tank replacement

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ORS 466.730 Delegation of program administration to state agency or local government by agreement. (1) The Environmental Quality Commission may authorize the department to enter into a contract or agreement with an agency of this state or a local unit of government to administer all or part of the underground storage tank program

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ORS 466.735 Cooperation with Department of Consumer and Business Services and State Fire Marshal. Nothing in ORS 466.706 to 466.882 and 466.994 is intended to interfere with, limit or abridge the authority of the Department of Consumer and Business Services or the State Fire Marshal, or any other state agency or local unit of government relating to combustion and explosion hazards, hazard communications or land use. The complementary relationship between the protection of the public safety from combustion and explosion hazards, and protection of the public health, safety, welfare and the environment from releases of regulated substances from underground storage tanks is recognized. Therefore, the Department of Environmental Quality shall work cooperatively with the Department of Consumer and Business Services, the State Fire Marshal and local units of government in developing the rules and procedures necessary to carry out the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §10]

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ORS 466.740 Noncomplying installation prohibited. No person shall install an underground storage tank for the purpose of storing regulated substances unless the tank complies with the standards adopted under ORS 466.746 and any other rule adopted under ORS 466.706 to 466.882 and 466.994. [1987 c.539 §11]

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ORS 466.743 Training on operation, maintenance and testing; rules. (1) Operators of underground storage tanks shall participate in mandatory training on the proper operation, maintenance and testing of underground storage tanks

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ORS 466.745 [1987 c.539 §13 (enacted in lieu of 468.908); 1989 c.1071 §§22,27,29a,43a,43b; repealed by 1991 c.863 §13 (466.746 enacted in lieu of 466.745)]

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ORS 466.746 Commission rules; considerations. (1) The Environmental Quality Commission may establish by rule

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ORS 466.750 License procedure for persons servicing underground tanks. (1) In order to safeguard the public health, safety and welfare, to protect the state’s natural and biological systems, to protect the public from unlawful underground tank installation and retrofit procedures, to assure the highest degree of leak prevention from underground storage tanks and to insure the appropriate cleanup of oil spills and releases, the Environmental Quality Commission may adopt a program to regulate persons providing underground storage tank installation and removal, retrofit, testing, inspection and remedial action services

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ORS 466.760 When permit required; who required to sign application. (1) No person shall install, bring into operation, operate or decommission an underground storage tank without first obtaining a permit from the Department of Environmental Quality

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ORS 466.765 Duty of owner or permittee of underground storage tank. In addition to any other duty imposed by law and pursuant to rules adopted under ORS 466.706 to 466.882 and 466.994, the owner or the permittee of an underground storage tank shall

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ORS 466.770 Corrective action required on contaminated site. (1) If any owner or permittee of a contaminated site fails without sufficient cause to conduct corrective action under ORS 466.765, the Department of Environmental Quality may undertake any investigation or corrective action with respect to the contamination on the site

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ORS 466.775 Grounds for refusal, modification, suspension or revocation of permit. (1) The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the department finds

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ORS 466.780 Variance upon petition. (1) Upon petition by the owner and the permittee of an underground storage tank, the Environmental Quality Commission may grant a variance from the requirements of any rule or standard adopted under ORS 466.746 if the commission finds

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