Title 36A, Housing; Lottery and Games; Environment

ORS 466.706 to 466.882 and 466.994 shall not apply to a: (1) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. (2) Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil for consumptive use …

(1) The Legislative Assembly finds that: (a) Regulated substances hazardous to the public health, safety, welfare and the environment are stored in underground tanks in this state; and (b) Underground tanks used for the storage of regulated substances are potential sources of con…

(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, welf…

(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. (2) Any ordinance, rule or regulation enacted by a local unit of go…

(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 pr…

(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. (2) Any agency of this state or any local unit…

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 ha…

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]

(1) Operators of underground storage tanks shall participate in mandatory training on the proper operation, maintenance and testing of underground storage tanks. (2) The Environmental Quality Commission shall adopt rules establishing mandatory training requirements. The rules may…

(1) The Environmental Quality Commission may establish by rule: (a) Performance standards, consistent with standards adopted by the federal government, for leak detection systems, inventory control, tank testing or comparable systems or programs designed to detect or identify rel…

(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 stor…

(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. (2) No person shall deposit a regulated substance into an underground storage tank unless the 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: (1) Prevent releases; (2) Install, operate and maintain underground storage tanks and leak detecti…

(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. (2) The …

(1) The Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew a permit if the department finds: (a) A material misrepresentation or false statement in the application for the permit; (b) Failure to comply with the conditions of the pe…

(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: (a) The alternative proposed by the petition…

(1) An applicant for a permit to install an underground storage tank shall pay an installation fee of $400 per tank. The applicant shall make payment to the Department of Environmental Quality at the time of application for the installation of an underground storage tank. (2)(a) …

(1) Every underground storage tank permittee shall pay an annual fee to the Department of Environmental Quality for each underground storage tank that is subject to the permit requirements under ORS 466.760. The annual fee for each tank shall be as follows: (a) For the calendar y…

(1) As used in this section: (a) “Service provider” means a person or firm registered in the State of Oregon pursuant to Department of Environmental Quality rules to provide underground storage tank services. (b) “Supervisor” means a person, operating alone or employed by a contr…

(1) The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury. (2) The following moneys, as they pertain to an underground storage tank, shall be deposited into the State Treasury and credit…

(1) The Underground Storage Tank Insurance Fund is established separate and distinct from the General Fund in the State Treasury to be used solely for the purpose of satisfying the financial responsibility requirements of ORS 466.815. (2) Moneys transferred by the Department of E…

(1) Except as provided in subsection (2) of this section, any records, reports or information obtained from any persons under ORS 466.765 and 466.805 shall be made available for public inspection and copying during the regular office hours of the Department of Environmental Quali…

(1) In order to determine compliance with the provisions of ORS 466.706 to 466.882 and 466.994 and rules adopted under ORS 466.706 to 466.882 and 466.994 and to enforce the provisions of ORS 466.706 to 466.882 and 466.994, any employees of or an authorized and identified represen…

(1) Whenever the Department of Environmental Quality has reasonable cause to believe that an underground storage tank or the operation of an underground storage tank violates ORS 466.706 to 466.882 and 466.994 or fails to comply with a rule, order or permit issued under ORS 466.7…

(1) The Environmental Quality Commission may by rule require an owner or permittee to demonstrate and maintain financial responsibility for: (a) Taking corrective action; (b) Compensating a third party for bodily injury and property damage caused by a release; and (c) Compensatin…

(1) The owner and the permittee of an underground storage tank found to be in violation of any provision of ORS 466.706 to 466.882 and 466.994, shall reimburse the Department of Environmental Quality for all costs reasonably incurred by the department, excluding administrative co…

The owner and permittee of an underground storage tank found to be the source of a release shall be strictly liable to any owner or permittee of a nonleaking underground storage tank in the vicinity, for all costs reasonably incurred by such nonleaking underground storage tank ow…

(1) Whenever, in the judgment of the Department of Environmental Quality from the results of monitoring or observation of an identified release, there is reasonable cause to believe that a clear and immediate danger to the public health, welfare, safety or the environment exists …

(1) All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person. (2) The Department of Environmental Quality sh…

(1) Notwithstanding ORS 466.994, the Environmental Quality Commission shall adopt rules for and implement a program for the assessment and expedited imposition of noncompliance penalties for specific underground storage tank violations. The Department of Environmental Quality sha…

The Legislative Assembly finds that: (1) The upgrading of underground storage tanks and the improving of such tanks and associated equipment are necessary to protect the public health and safety and the environment. (2) The costs of upgrading leaking underground storage tanks, pu…

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out financial assistance programs for owners and operators of storage tanks containing motor vehic…

(1) The Environmental Quality Commission shall adopt a heating oil tank program to regulate the decommissioning of heating oil tanks and the corrective action of soil contamination resulting from the release of oil from heating oil tanks. (2) The program adopted under subsection …

No person shall perform or offer to perform heating oil tank services without first obtaining the license required under ORS 466.868. [1999 c.979 §3]

(1) In order to obtain a license under the program established pursuant to ORS 466.858, a person shall provide to the Department of Environmental Quality: (a) A certificate of insurance in an amount adequate to pay for any additional corrective action necessary as a result of an …

(1) In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include: (a) A process for conducting inspe…

(1) When the use of an underground heating oil tank is terminated because the tank is replaced or an oil-heated building or residence is converted to a different primary source of heat: (a) The property owner shall ensure that the underground heating oil tank has been emptied of …

The Environmental Quality Commission shall adopt rules necessary to carry out ORS 466.858 to 466.878. The rules shall include but need not be limited to: (1) A voluntary process for certifying the decommissioning of an abandoned underground heating oil tank; (2) Information requi…

As used in ORS 466.901 to 466.915: (1) “Commission” means the Environmental Quality Commission. (2) “Corrective action” means remedial action taken to protect the present or future public health, safety or welfare or the environment from a release of aircraft or marine fuel. “Cor…

(1) The Department of Environmental Quality shall conduct a financial assistance program as described in this section and ORS 466.905, for the purpose of upgrading or replacing fuel tanks, conducting corrective action or installing stage I and II vapor collection system undergrou…

(1) Any port that owns or is responsible for a fuel tank holding an accumulation of aircraft or marine fuel for resale may be eligible for the financial assistance program established pursuant to this section and ORS 466.903. The financial assistance may be used to upgrade or rep…

The Environmental Quality Commission may adopt rules to implement the financial assistance program established by ORS 466.903 and 466.905. However, to the maximum extent possible, the Department of Environmental Quality shall rely on existing rules adopted by the commission to ca…

(1) The Environmental Quality Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of carrying out the financial assistance program established by ORS 466.903 and 466.905. (2) All moneys and th…

(1) The Fuel Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury. (2) The following moneys, as they pertain to a fuel tank facility, shall be deposited into the State Treasury and credited to the Fuel Tank Co…

The Department of Environmental Quality may enter into a memorandum of understanding with the State Marine Board or the Department of Transportation that provides for the State Marine Board or the Department of Transportation to manage essential services grants awarded to eligibl…

In rendering financial assistance under ORS 836.015, the Director of Transportation shall give priority to any applicant who requests financial aid to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant under ORS 466.9…

Notwithstanding ORS 830.150 (2)(a), in distributing funds under ORS 830.150 (1), the State Marine Board shall give priority to any applicant who applies for funds to cover those costs of upgrading or replacing fuel tanks that exceed the amount of a grant awarded to the applicant …

(1) As used in this section and ORS 466.935: (a) “Dry cleaning facility” means any facility located in this state that is engaged in dry cleaning apparel and household fabrics for the general public other than a: (A) Facility located on a United States military base; or (B) Priso…

(1) The Department of Environmental Quality may enter upon and inspect, at any reasonable time, any dry cleaning facility for the purpose of investigating either an actual or suspected violation of ORS 466.930 or rules adopted under ORS 466.930. (2) The department may require the…

(1) In addition to any other penalty provided by law, any person who violates ORS 466.005 to 466.385 and 466.992, a license condition or any Environmental Quality Commission rule or any order of the commission or Department of Environmental Quality pertaining to the generation, t…