Title 36A, Housing; Lottery and Games; Environment

(1) The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 only if it determines that the plan meets the requirements of ORS 468B.345 to 468B.360 and: (a) The covered vessel or facility demonstrates evidence of compliance with ORS 468…

(1)(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365. (b) The rules shall require random practice drills without prior notice to test the adequacy of the respon…

(1) In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at reasonable times and in a safe manner enter and inspect facilities and tank vessels in order to insure compliance with the prov…

If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt rules necessary to enable the department to implement the state tank vessel inspection program. [199…

(1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan required under ORS 468B.345 if the department determines that a change has oc…

(1) No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380), if such compliance is required by federal law. (2) No person may cause or permit the o…

The Department of Environmental Quality shall: (1) In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket and market values in assessing damages resulting from oil discharges; (2) Work with other poten…

The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall: (1) Work with agencies responsible for wildlife protection in other west…

(1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.40…

(1) The Oil Spill Prevention 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 for the purpose of oil and hazardous material …

(1) By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses: (a) The fees assessed under ORS 468B.405 on covered vessels and offshore and onshore faciliti…

(1) There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the Department of Environmental Quality also shall consult with the State of Washington to establish a joint regional safety committee fo…

If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rule…

(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal…

(1) A railroad that owns or operates a high hazard train route in this state shall have an oil spill prevention and emergency response plan that has been approved by the Department of Environmental Quality. (2)(a) A railroad must submit a contingency plan for a high hazard train …

(1) A contingency plan for a high hazard train route required under ORS 468B.427 must: (a) Identify the high hazard train route for which the contingency plan is prepared. (b) Demonstrate the capacity of the railroad that owns or operates the high hazard train route, both in mate…

(1) The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan: (a) Meets the requirements of ORS 468B.429; and (b) If implemented, is capable, to the maximu…

(1) A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad sha…

(1) The High Hazard Train Route Oil Spill Preparedness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Hazard Train Route Oil Spill Preparedness Fund shall be credited to the fund. (2) The fund shall consist of: …

The Environmental Quality Commission may adopt rules as necessary for the implementation of ORS 468B.427, 468B.429, 468B.431, 468B.433 and 468B.435. [2019 c.581 §10] (Willful or Negligent Discharge)

(1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be deter…

(1) There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund. (2) All penalties recovered under ORS 468B.450 (1) shall be paid i…

The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821] (Shipping)

The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance …

(1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission: (a) Evidence of insurance; (b) Surety bond; (c) Qualifications as a self-insurer; or (d) Any other evidence of financia…

(1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard trai…

The plan developed under ORS 468B.495 shall include at a minimum: (1) A compilation of maps and information about the waters of the state including shorelines, access points, critical habitats, shoreline sensitivity, disposal sites, ownership and jurisdictional control over each …

(1) As used in ORS 468B.510 to 468B.525, “bulk oils or liquid fuels terminal” means an industrial facility located in Columbia, Multnomah or Lane County that is primarily engaged in the transport or bulk storage of oils or liquid fuel products and is characterized by having: (a) …

(1) The owner or operator of a bulk oils or liquid fuels terminal shall properly implement a seismic risk mitigation implementation plan that has been approved by the Department of Environmental Quality. A seismic risk mitigation implementation plan must, at a minimum, identify a…

Confidential business information submitted to the Department of Environmental Quality by the owner or operator of a bulk oils or liquid fuels terminal under ORS 468B.510 or 468B.513 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that th…

(1) It is an unlawful employment practice for the owner or operator of a bulk oils or liquid fuels terminal to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the bulk oils or liquid fuels terminal with regard to promotion, compensatio…

The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid fuels terminal to the extent those requirements are preempted by 49 U.S.C. 60101 et seq. [2022 c.99 §3a; 2025 c.2 §30]

(1) The Seismic Risk Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Seismic Risk Mitigation Fund shall be credited to the fund. (2) Moneys in the Seismic Risk Mitigation Fund shall consist of: (a) Money ap…

This section and ORS 468B.555 shall be known as the “Willamette Watershed Improvement Trading Act.” [2001 c.758 §1] Note: 468B.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action.…

(1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal wa…

(1) The Department of Environmental Quality, in coordination with the Oregon Health Authority, shall: (a) Develop and maintain a coordinated state agency harmful algal bloom monitoring and response strategy. (b) Develop a system for the regular monitoring and testing of water bod…

(1) The Legislative Assembly finds and declares that it is the policy of this state to encourage water reuse and to expand opportunities for water reuse in this state in a manner that protects public health and the environment. (2) The Legislative Assembly finds and declares that…

(1) The Department of Environmental Quality shall establish and lead an interagency water reuse team. The Water Resources Department, the Oregon Health Authority, the State Department of Agriculture and the State Department of Fish and Wildlife shall participate in the water reus…