Chapter 466 — Chapter 466

ORS 466.783 Installation fee; permit modification fee. (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

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ORS 466.785 Annual storage tank fee; late payment fee. (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

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ORS 466.787 Annual service provider fee; biennial supervisor fee. (1) As used in this section

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ORS 466.790 [1987 c.539 §26; 1989 c.1071 §§24,29,30,46,47,48; repealed by 1991 c.863 §15 (466.791 enacted in lieu of 466.790)]

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ORS 466.791 Underground Storage Tank Compliance and Corrective Action Fund; sources; uses. (1) The Underground Storage Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury

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ORS 466.795 Underground Storage Tank Insurance Fund. (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

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ORS 466.800 Records as public records; exceptions. (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 Quality at the expense of any person requesting copies

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ORS 466.805 Site inspection; subpoena or warrant. (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 representative of the Department of Environmental Quality may

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ORS 466.810 Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies. (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 466.706 to 466.882 and 466.994, the department may investigate the underground storage tank

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ORS 466.815 Financial responsibility of owner or permittee; rules; legislative review. (1) The Environmental Quality Commission may by rule require an owner or permittee to demonstrate and maintain financial responsibility for

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ORS 466.820 Reimbursement to department; procedure for collection; treble damages. (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 costs, in the investigation of a leak from an underground storage tank. Department costs may include investigation, design engineering, inspection and legal costs necessary to correct the leak

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ORS 466.825 Strict liability of owner or permittee. 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 owner or permittee in determining which tank was the source of the release. [1987 c.539 §35]

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ORS 466.830 Halting tank operation upon clear and immediate danger. (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 from the continued operation of an underground storage tank, the department may, without hearing or prior notice, order the operation of the underground storage tank or site halted by service of an order on the owner or permittee of the underground storage tank or site

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ORS 466.835 Compliance and correction costs as lien; enforcement. (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

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ORS 466.837 Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules. (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 shall form an advisory committee to assist the commission in the development of the program

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ORS 466.840 Legislative findings. The Legislative Assembly finds that

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ORS 466.845 Commission authority to accept and expend moneys received for financial assistance programs. (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 vehicle fuel

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ORS 466.850 [1997 c.838 §1; repealed by 1999 c.880 §8]

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ORS 466.855 [1997 c.838 §2; repealed by 1999 c.880 §8]

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ORS 466.858 Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action. (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

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ORS 466.860 [1997 c.838 §3; repealed by 1999 c.880 §8]

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ORS 466.862 License required to provide heating oil tank services. 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]

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ORS 466.865 [1997 c.838 §4; repealed by 1999 c.880 §8]

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ORS 466.868 Licensing requirements; annual fee; registry of licensees; revocation of license. (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

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ORS 466.870 [1997 c.838 §5; repealed by 1999 c.880 §8]

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ORS 466.872 Certification of voluntary decommissioning or approval of corrective action; fee. (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

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ORS 466.878 Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank. (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

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ORS 466.880 [Formerly 459.995; (3) and (4) enacted by 1985 c.733 §17; 1987 c.266 §1; 1991 c.734 §35; renumbered 466.990 in 1997]

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ORS 466.882 Rules. 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

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ORS 466.890 [1985 c.685 §2; renumbered 466.992 in 1997]

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ORS 466.895 [1987 c.539 §39; 1989 c.171 §61; 1991 c.734 §36; renumbered 466.994 in 1997]

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ORS 466.900 [1987 c.735 §23; renumbered 465.900 in 1989]

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ORS 466.901 Definitions for ORS 466.901 to 466.915. As used in ORS 466.901 to 466.915

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ORS 466.903 Financial assistance program for fuel tanks holding aircraft or marine fuel; application; fees. (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 underground piping, hoses and nozzles at a fuel tank facility holding an accumulation of aircraft or marine fuel for resale

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ORS 466.905 Eligibility for financial assistance; amount of grants. (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 replace a fuel tank, conduct corrective action or install stage I and II vapor collection system underground piping, hoses and nozzles at a fuel tank facility in conformity with applicable state and federal fuel tank, air quality and corrective action rules. If the port owns or is responsible for more than one fuel tank facility, the port is eligible for all applicable financial assistance for each facility

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ORS 466.907 Rules. 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 carry out other programs providing financial assistance to owners or operators of underground storage tank facilities. [1997 c.788 §4]

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ORS 466.910 Sources of funds; disposition. (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

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ORS 466.913 Fuel Tank Compliance and Corrective Action Fund. (1) The Fuel Tank Compliance and Corrective Action Fund is established separate and distinct from the General Fund in the State Treasury

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ORS 466.915 Memorandum of understanding with State Marine Board or Department of Transportation. 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 eligible ports, as determined by the Department of Environmental Quality under ORS 466.903 and 466.905. [1997 c.788 §7]

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ORS 466.917 Priority of financial assistance granted by Director of Transportation. 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 466.903 and 466.905. In order to receive priority under this section, the applicant shall

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ORS 466.920 Priority for distribution of funds by State Marine Board. 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 under ORS 466.903 and 466.905. In order to receive priority under this section, the applicant shall

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ORS 466.930 Prohibition on use of perchloroethylene and n-propyl bromide; rules. (1) As used in this section and ORS 466.935

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ORS 466.935 Enforcement. (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

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ORS 466.990 (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, treatment, storage, disposal or transportation by air or water of hazardous waste, as defined by ORS 466.005, shall incur a civil penalty not to exceed $25,000 for each day of the violation

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ORS 466.992 Civil penalties for damage to wildlife resulting from contamination of food or water supply. (1) Any person who has care, custody or control of a hazardous waste or a substance that would be a hazardous waste except for the fact that it is not discarded, useless or unwanted shall incur a civil penalty according to the schedule set forth in ORS 496.705 for the destruction, due to contamination of food or water supply by such waste or substance, of any of the wildlife referred to in ORS 496.705 that are the property of the state

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ORS 466.994 Civil penalties for violations of underground storage tank regulations. (1) Any person who violates any provision of ORS 466.706 to 466.882 and this section, a rule adopted under ORS 466.706 to 466.882 and this section or the terms or conditions of any order or permit issued by the Department of Environmental Quality under ORS 466.706 to 466.882 and this section shall be subject to a civil penalty not to exceed $25,000 per violation per day of violation

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ORS 466.995 Criminal penalties. (1) Penalties provided in this section are in addition to and not in lieu of any other remedy specified in ORS 459.005 to 459.105, 459.205 to 459.385, 466.005 to 466.385 or 466.992

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