Title 36A, Housing; Lottery and Games; Environment

The Department of Environmental Quality shall: (1) Provide for the administration, enforcement and implementation of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 and may perform all functions necessary: (a) To regulate the operation and construction…

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall: (1) Adopt rules and issue orders, including but not limited to establishing minimum requirements for the disposal of PCB, minimum requirements for operation, maintenance, moni…

(1) In adopting rules under ORS 466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner th…

Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following: (1) The management program for the operation of the facility including the person to be r…

Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlif…

(1) Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affec…

The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may…

(1) At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers …

The Environmental Quality Commission may not issue a permit under ORS 466.295 for any facility designed to dispose of PCB by incineration unless: (1) The facility is also equipped to incinerate hazardous waste; and (2) The applicant has received all federal and state licenses and…

(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator’s permit or any provisions of ORS 466.025 to 466.065…

The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency other than the owner or permittee to do so. Owners and operators of a…

(1) Whenever, in the judgment of the Department of Environmental Quality, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation of the facility, without hearing or prior noti…

Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 shall be required to do the following as a condition to holding the permit: (1) Proceed expeditiously with and complete the project in accordance with the plans …

An annual fee may be required of every PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. The fee shall be in an amount determined by the Environmental Quality Commission to be adequate to carry on the monitoring, in…

The Environmental Quality Commission may acquire real property for the disposal of PCB by instituting condemnation proceedings therefor to be conducted in accordance with ORS chapter 35. [1985 c.670 §29]

(1) If the Environmental Quality Commission revokes a PCB disposal facility permit under ORS 466.170, the commission may: (a) Close the existing PCB disposal site or facility; or (b) Direct the Department of Environmental Quality to acquire an existing facility or site for the di…

(1) The Department of Environmental Quality may limit, prohibit or otherwise restrict the treatment or disposal of PCB at a disposal facility if appropriate to protect public health and safety or the environment. (2) The department shall monitor the origin and volume of PCB recei…

(1) The PCB disposal facility permit shall require a fee based either on the volume of PCB accepted at the facility or a percentage of the fee collected, or both. The fees shall be calculated in amounts estimated to produce over the facility use period a sum sufficient to: (a) Se…

(1) At the time a PCB disposal facility is closed, the person permitted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350 to operate the facility must obtain a post-closure permit from the Department of Environmental Quality. (2) A post-closure per…

(1) The Department of Environmental Quality shall work with representatives of the States of Washington, Idaho and Alaska to establish provisions in each state to assure that any generator disposing of hazardous waste or PCB at an Oregon hazardous waste or PCB disposal facility h…

Any person operating a hazardous waste or PCB disposal facility pursuant to a permit issued under ORS 466.005 to 466.385 shall not accept hazardous waste or PCB from an Oregon generator unless the generator first certifies that the generator has implemented a toxics use reduction…

(1) The Legislative Assembly finds that: (a) Disposal sites exist on certain lots or parcels of real property within Oregon that may restrict future land development or constitute a potential hazard to the health, safety and welfare of Oregon’s citizens, particularly if present o…

(1) The Environmental Quality Commission may establish by rule adopted under ORS chapter 183: (a) A list of sites for which environmental hazard notices must be given and use restrictions must be imposed. The list shall be consistent with the policy set forth in ORS 466.360 and m…

(1) The Department of Environmental Quality shall notify by certified mail any person who owns a lot or parcel upon which a disposal site listed under ORS 466.365 exists. The notice shall: (a) Describe the disposal site and potentially hazardous environmental conditions; (b) Desc…

The Department of Environmental Quality shall file an environmental hazard notice with the city or county in which a site listed under ORS 466.365 (1) is located. The notice shall contain the following information: (1) A description of the lot or parcel upon which the disposal si…

The Department of Environmental Quality and the State Department of Energy shall enter into an interagency agreement providing for the implementation of the provisions of ORS 466.360 to 466.385 relating to radioactive waste disposal sites. [1985 c.273 §6]

(1) By the first periodic review after development of model language under subsection (2) of this section, the governing body of a city or county shall amend its comprehensive plan and land use regulations as provided in ORS 197.610 to 197.651 to establish and implement policies …

As used in ORS 466.505 to 466.530: (1) “PCB” means the class of chlorinated biphenyl, terphenyl, higher polyphenyl, or mixtures of these compounds, produced by replacing two or more hydrogen atoms on the biphenyl, terphenyl, or higher polyphenyl molecule with chlorine atoms. “PCB…

(1) Except as provided in ORS 466.515, a person shall not sell, manufacture for sale, or use in this state an item, product or material if the item, product or material contains a concentration of PCB equal to or greater than 100 ppm. (2) The commission by rule may prescribe a lo…

Notwithstanding ORS 466.510: (1) PCB or an item, product or material containing PCB may be sold for use or used in this state if it is used in a closed system as a dielectric fluid for an electric transformer or capacitor pursuant to rules of the commission to insure the public h…

(1) A person may make written application to the department for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as it considers necessary for an accurate evaluation of the ap…

The commission after hearing by rule may include as a PCB and regulate accordingly any chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds that have functional groups attached other than chlorine if that functional group on the chlorinated biphen…

After October 4, 1977, a person shall not dispose of solid or liquid waste resulting from the use of PCB or an item, product or material containing or which has contained a concentration equal to or greater than 100 ppm of PCB except in conformity with rules of the commission ado…

As used in ORS 466.605 to 466.680 and 466.990 (3) and (4): (1) “Barrel” means 42 U.S. gallons at 60 degrees Fahrenheit. (2) “Cleanup” means the containment, collection, removal, treatment or disposal of oil or hazardous material, site restoration and any investigations, monitorin…

Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality may: (1) Conduct and prepare independently or in cooperation with others, studies, investigations, research and programs pertaining to the containment, collection, removal…

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 …

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 a…

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules including but not limited to: (1) Provisions to establish that quantity of oil or hazardous material spilled or released which shall be reported under ORS 466.635. Th…

(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 h…

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…

(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, t…

(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 …

(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 f…

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: (1) Funding actions and activities authorized by ORS 466.645, 466.205, 468B.320 and 468B.330. (2) Providing for …

(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. (2) The department shall keep a…

As used in ORS 466.706 to 466.882 and 466.994: (1) “Commercial lending institution” means any financial institution or trust company, as those terms are defined in ORS 706.008, or any cooperative financial institution regulated by an agency of the federal government or this state…