Title 36A, Housing; Lottery and Games; Environment

As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless the context requires otherwise: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of…

(1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. (2) The term of office of a member shall be four years, but the members…

It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.…

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission. (2) Except as provided in ORS 183.335 (…

There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Envi…

(1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (a) Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the qualit…

The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the Department of Environmental Quality shall be fixed by the commission unless otherwise provided by law. [Formerly 449.026]

(1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall: (a) Be administrative head of the Department of Environmental Quality; (b) Have power, within applicable budgetary limitations, and in accordanc…

(1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appoi…

The Department of Environmental Quality may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any payment made by credit card in an amount reasonably calculated to offset the impact to the departme…

(1) The Department of Environmental Quality may impose a surcharge of four percent on each fee or invoice generated using the environmental data management system. (2) Notwithstanding the surcharge percentage rate described in subsection (1) of this section, the department shall …

The Environmental Data Management System Fund is established in the State Treasury, separate and distinct from the General Fund. The Environmental Data Management System Fund consists of moneys deposited in the fund under ORS 468.053 and may include moneys appropriated, allocated…

In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Oregon Health Authority, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority may contract on beha…

On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Oregon Health Authority or to any local public health authority, as defined in ORS 431.003, to enforce any rule of the commission relating to air or water pollutio…

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Environmental Quality may require the fingerprints of a person who: (1) Is employed or applying for employment by the department in the department’s laboratory and is …

Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B: (1) Applications for all permits authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to …

(1) The Department of Environmental Quality may require an applicant for a permit or license authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 459, 459A, 465, 466, 468, 468A and 468B to provid…

(1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding descr…

(1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 if it finds: (a) A material misrepresentation or false statement in the application for the permit. (b) Failure to co…

(1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for ser…

(1) On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental Quality for operatin…

As used in ORS 468.076 to 468.089: (1) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. (2) “Reciprocatin…

Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in the reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon. [1991 c.826 §3] Note: See note u…

A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to relief with respect to the injury or threatened injury, and may enforce those ri…

The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes “pollution,” is the law of Oregon excluding Oregon’s choice of law rules. Nothing in ORS 468.076 to 468.087 restricts the applicability of federal law in action…

ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Oregon. [1991 c.826 §6] Note: See note under 468.076.

The right provided in ORS 468.076 to 468.087 is in addition to, and not in derogation of, any other right. [1991 c.826 §7] Note: See note under 468.076.

The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extent that it would apply to a person injured or threatened with injury in Oregon. [1991 c.826 §8] Note: See note under 468.076.

ORS 468.076 to 468.087 shall be applied and construed to carry out the general purpose of ORS 468.076 to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089 among the jurisdictions enacting it. [1991 c.826 §9] Note: See note under 468.076.

ORS 468.076 to 468.087 shall be known and may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act.” [1991 c.826 §1] Note: See note under 468.076. ENFORCEMENT

(1) In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the department itself has cause to believe, that any person is violating any rule or standard adopted by the Environmental Quality Commi…

(1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected source of water pollution or air pollution or air c…

(1) Whenever the Environmental Quality Commission has good cause to believe that any person is engaged or is about to engage in any acts or practices which constitute a violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and OR…

Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of ORS chapter 183. However, notwithstanding ORS 183.482 (3), relating to a stay of enforcement of an agency order and the …

(1) Whenever it appears to the Department of Environmental Quality that water pollution or air pollution or air contamination is presenting an imminent and substantial endangerment to the health of persons, at the direction of the Governor the department shall, without the necess…

(1) The Environmental Quality Commission, its members or a person designated by and acting for the commission may: (a) Conduct public hearings. (b) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the co…

(1) No civil penalty prescribed under ORS 468.140 shall be imposed for a violation of an air, water or solid waste permit issued by the Department of Environmental Quality until the permittee has received five days’ advance warning in writing from the department, specifying the v…

(1) The Environmental Quality Commission shall adopt by rule a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation. Except as provided in ORS 468.140 (3), no civil penalty shall exceed $25,000 per day. Where the classifica…

(1) Any civil penalty under ORS 468.140 shall be imposed in the manner provided in ORS 183.745. (2) All penalties recovered under ORS 468.140 shall be paid into the State Treasury and credited to the General Fund, or in the event the penalty is recovered by a regional air quality…

(1) In addition to any other penalty provided by law, any person who violates any of the following shall incur a civil penalty for each day of violation in the amount prescribed by the schedule adopted under ORS 468.130: (a) The terms or conditions of any permit required or autho…

The Legislative Assembly finds and declares that the purposes of ORS 468.149 are to: (1) Retain the protections afforded to public health and this state’s environment and natural resources under the baseline federal standards contained in federal environmental laws, regardless of…

(1) As used in this section and ORS 468.148: (a) “Baseline federal standards” means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017. (b) “Federal environmental law” means any one or mo…

After alternative methods for field sanitation and straw utilization and disposal are approved by the Department of Environmental Quality, “pollution control facility,” as defined in ORS 468.155, shall include such approved alternative methods and persons purchasing and utilizing…

(1) The Legislative Assembly finds that the concept of environmental responsibility has matured beyond basic compliance with regulatory requirements to one in which citizens and businesses voluntarily implement innovative solutions to achieve shared environmental goals. (2) The L…

(1)(a) As used in ORS 468.155 to 468.190, unless the context requires otherwise, “pollution control facility” or “facility” means any land, structure, building, installation, excavation, machinery, equipment or device, or any addition to, reconstruction of or improvement of, land…

In the interest of the public peace, health and safety, it is the policy of the State of Oregon to assist in the prevention, control and reduction of air, water and noise pollution and solid waste, hazardous wastes and used oil in this state by providing tax relief with respect t…

For purposes of ORS 468.155 to 468.190, the construction or installation of a facility is commenced when the person constructing or installing the facility has obtained all necessary preliminary approvals and has begun continuous on-site modification, construction, installation o…

(1) Any person may apply to the Environmental Quality Commission for certification under ORS 468.170 of a pollution control facility or portion thereof erected, constructed or installed by the person in Oregon if: (a) The air or water pollution control facility was erected, const…

(1) Any person proposing to apply for certification for tax relief under ORS 468.155 to 468.190 may apply, before the completion of a pollution control facility, for precertification of the facility with the Environmental Quality Commission. (2)(a) The application shall be made i…

(1) The Environmental Quality Commission shall act on an application for certification before the 120th day after the filing of the application under ORS 468.165. The action of the commission shall include certification of the actual cost of the facility and the portion of the ac…