Chapter 468 — Chapter 468
378 sections in this chapter.
ORS 468.469 Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund; rules. (1) The Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall be credited to the fund
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(2) Moneys in the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall consist of: (a) Amounts donated to the fund; (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly; (c) Other amounts deposited in the fund from any public or p…
ORS 468.470 [Formerly 449.937; 1974 c.40 §1; 1975 c.559 §7; 1977 c.650 §6; 1979 c.181 §4; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.471 [Formerly 468.945; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 468.472 [1975 c.559 §9; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.474 [1975 c.559 §10; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.475 [Formerly 449.939; 1975 c.559 §11; 1977 c.650 §8; 1979 c.181 §5; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.476 [Formerly 468.950; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 468.480 [Formerly 449.941; 1975 c.559 §12; 1977 c.650 §10; 1979 c.181 §6; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.481 [Formerly 468.955; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 468.485 [Formerly 449.943; 1974 c.36 §15; 1975 c.559 §13; repealed by 1977 c.650 §11]
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[Repealed or reserved.]
ORS 468.486 [Formerly 468.960; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 468.490 [1977 c.650 §9; repealed by 1991 c.920 §24]
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[Repealed or reserved.]
ORS 468.491 [Formerly 468.965; repealed by 2011 c.83 §24]
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[Repealed or reserved.]
ORS 468.495 [1977 c.650 §7; repealed by 1991 c.920 §24]
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(Medium- and Heavy-Duty Zero-Emission Vehicle Infrastructure)
ORS 468.498 Medium- and Heavy-Duty Electrification Charging Fund. (1) The Medium- and Heavy-Duty Electrification Charging Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Medium- and Heavy-Duty Electrification Charging Fund must be credited to the Medium- and Heavy-Duty Electrification Charging Fund
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(2) Moneys in the Medium- and Heavy-Duty Electrification Charging Fund consist of amounts donated to the fund, amounts appropriated or otherwise transferred to the fund by the Legislative Assembly, other amounts deposited to the fund from any public or private source and interest…
ORS 468.500 [Formerly 449.850; renumbered 468A.100 in 1991]
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GREEN PERMITS
ORS 468.501 Definitions for ORS 468.501 to 468.521. As used in ORS 468.501 to 468.521
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(1) “Agency” means either the Department of Environmental Quality or the Lane Regional Air Protection Agency created pursuant to ORS 468A.010 to 468A.180, or both, as the context requires. (2) “Commission” means the Environmental Quality Commission. (3) “Environmental laws” means…
ORS 468.503 Purpose of Green Permits. The purpose of ORS 468.501 to 468.521 is to authorize
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(1) The issuance of Green Permits to persons regulated under the environmental laws of the State of Oregon. (2) The Environmental Quality Commission to develop Green Permit criteria that will result in the use of innovative environmental approaches or strategies not otherwise rec…
ORS 468.505 [Formerly 449.855; renumbered 468A.105 in 1991]
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[Repealed or reserved.]
ORS 468.506 Commission rulemaking to carry out Green Permit program. The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of issuance of the permits. The accepting, processing and issuing of Green Permits is a discretionary function of the commission. In establishing the criteria for Green Permits, the commission
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(1) Shall consider the objectives set forth in ORS 468.503; (2) May establish classes or categories of Green Permits as the commission considers appropriate; and (3) May limit the number and duration of such permits issued by the agencies for the purpose of evaluating the effecti…
ORS 468.508 Eligibility for Green Permit. Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a Green Permit. [1997 c.553 §4]
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Note: See note under 468.501.
ORS 468.510 [Formerly 449.857; renumbered 468A.110 in 1991]
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[Repealed or reserved.]
ORS 468.511 Environmental laws not applicable to facility operating under Green Permit. Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law, that is contrary to the terms and provisions of a Green Permit shall not apply to a facility operating under a Green Permit. Any prior conflicting permit condition shall be revised by the agency that has jurisdiction over the Green Permit. Except as specifically revised in a Green Permit, any existing environmental permit or requirement shall remain in effect, notwithstanding issuance of a Green Permit. [1997 c.553 §5]
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Note: See note under 468.501.
ORS 468.513 Judicial review of agency decision on issuance of Green Permit. The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue a Green Permit may be appealed in accordance with the provisions of ORS 183.484 pertaining to review of an order in other than a contested case. [1997 c.553 §6]
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Note: See note under 468.501.
ORS 468.515 [Formerly 449.870; renumbered 468A.115 in 1991]
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[Repealed or reserved.]
ORS 468.516 Termination of Green Permit. If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after written notice to the permittee, terminate the Green Permit in whole or in part. The permittee may appeal the agency’s decision to terminate a Green Permit to the Environmental Quality Commission. The commission’s decision on appeal shall be an order in other than a contested case. [1997 c.553 §7]
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Note: See note under 468.501.
ORS 468.518 Application for permit or approval affected by termination of Green Permit. After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Green Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a permit under the terms of the applicable law. The terms and conditions of the Green Permit shall continue in effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the environmental laws, the agency may issue an order establishing conditions for the interim operation of the facility. [1997 c.553 §8]
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Note: See note under 468.501.
ORS 468.520 [Formerly 449.865; 1991 c.890 §1; renumbered 468A.120 in 1991]
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[Repealed or reserved.]
ORS 468.521 Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected. The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner
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(1) The sponsor shall fully reimburse the agency for the agency’s full direct, indirect and all associated costs of conducting the review, negotiating the relevant permit revisions, responding to public comment, monitoring the provisions in the Green Permit and environmental outc…
ORS 468.525 [Formerly 449.867; 1991 c.890 §2; renumbered 468A.125 in 1991]
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[Repealed or reserved.]
ORS 468.530 [Formerly 449.885; 1983 c.233 §1; renumbered 468A.130 in 1991]
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WILLAMETTE RIVER CLEANUP AUTHORITY
ORS 468.531 Legislative findings. (1) The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the presence of pollutants, hazardous substances and contaminants in the area that are not directly traceable to a particular responsible party
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(2) The Legislative Assembly finds that ORS 465.200 to 465.485 provide for joint and several liability among potentially responsible parties for the cleanup of Superfund sites. Because joint and several liability does not identify a potentially responsible party’s share of cleanu…
ORS 468.533 Willamette River Cleanup Authority; purposes; membership; powers. (1) There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of
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(a) The Governor; (b) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; and (c) Two members of the Senate, appointed by the President of the Senate. (2) The purpose of the authority is to: (a) Receive periodic reports from the …
ORS 468.535 [1973 c.835 §99; 1987 c.660 §28; 1987 c.741 §20; renumbered 468A.135 in 1991]
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[Repealed or reserved.]
ORS 468.540 [Formerly 449.910; renumbered 468A.140 in 1991]
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[Repealed or reserved.]
ORS 468.545 [Formerly 449.863; renumbered 468A.145 in 1991]
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[Repealed or reserved.]
ORS 468.550 [Formerly 449.890; renumbered 468A.150 in 1991]
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[Repealed or reserved.]
ORS 468.555 [Formerly 449.883; 1991 c.752 §19; renumbered 468A.155 in 1991]
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[Repealed or reserved.]
ORS 468.560 [Formerly 449.900; renumbered 468A.160 in 1991]
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[Repealed or reserved.]
ORS 468.565 [Formerly 449.905; renumbered 468A.165 in 1991]
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[Repealed or reserved.]
ORS 468.570 [Formerly 449.915; renumbered 468A.170 in 1991]
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[Repealed or reserved.]
ORS 468.575 [Formerly 449.920; renumbered 468A.175 in 1991]
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[Repealed or reserved.]
ORS 468.580 [Formerly 449.923; renumbered 468A.180 in 1991]
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ECOSYSTEM SERVICES
ORS 468.581 Definitions for ORS 468.581 to 468.587. As used in ORS 468.581 to 468.587
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(1) “Adaptive management mechanisms” means the processes of implementing programs in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management activities and then uses the resulting information to improve programs…
ORS 468.583 Policy. It is the policy of this state to support the maintenance, enhancement and restoration of ecosystem services throughout Oregon, focusing on the protection of land, water, air, soil and native flora and fauna. [2009 c.808 §2]
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Note: See note under 468.581.
ORS 468.585 Legislative findings. The Legislative Assembly finds that
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(1) Maintaining sustainable rural and urban landscapes is important for the quality of life of all Oregonians. Sustainable forestry, agriculture and ranching practices can help to maintain and restore the vitality of Oregon’s communities while also helping to preserve Oregon’s na…
ORS 468.587 State agencies and ecosystem services. (1) State agencies are encouraged to adopt and incorporate adaptive management mechanisms in their programs in order to support the maintenance, restoration and enhancement of ecosystem services
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(2) State agencies are encouraged to use ecosystem services markets as a means to meet mitigation needs, after carefully avoiding the most sensitive resources and minimizing adverse impacts where development occurs. When a state agency adopts a strategy or a decision that calls f…
ORS 468.600 [1975 c.366 §1; renumbered 468A.650 in 1991]
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[Repealed or reserved.]
ORS 468.605 [1975 c.366 §2; 1977 c.18 §1; 1977 c.206 §1; 1983 c.148 §1; renumbered 468A.655 in 1991]
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[Repealed or reserved.]
ORS 468.610 [1977 c.206 §4; renumbered 468A.660 in 1991]
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[Repealed or reserved.]