Chapter 468B — Chapter 468B

ORS 468B.142 Order compelling compliance with rules; injunction; security not required; attorney fees. (1) The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality Commission under ORS 468B.141. If the court finds that the defendant is not complying with any rule so adopted, the court shall grant an injunction requiring compliance. The court, on motion and affidavits, may grant a preliminary injunction ex parte upon such terms as are just

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ORS 468B.143 Persistent Pollutant Control Account; establishment; uses. The Persistent Pollutant Control Account is established, separate and distinct from the General Fund. Moneys may be credited to the account from any public or private source. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only for the purposes described in ORS 468B.139 to 468B.142. [2007 c.696 §7]

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ORS 468B.144 Moneys received under ORS 468B.142; disposition. All moneys received by the Department of Environmental Quality under ORS 468B.142 shall be deposited to the credit of the Persistent Pollutant Control Account established under ORS 468B.143. [2007 c.696 §8]

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ORS 468B.150 Definitions for ORS 468B.150 to 468B.190. As used in ORS 448.268, 448.271 and 468B.150 to 468B.190

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ORS 468B.155 State goal to prevent ground water contamination. The Legislative Assembly declares that it is the goal of the people of the State of Oregon to prevent contamination of Oregon’s ground water resource while striving to conserve and restore this resource and to maintain the high quality of Oregon’s ground water resource for present and future uses. [Formerly 468.692]

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ORS 468B.160 Ground water management and use policy. In order to achieve the goal set forth in ORS 468B.155, the Legislative Assembly establishes the following policies to control the management and use of the ground water resource of this state and to guide any activity that may affect the ground water resource of Oregon

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ORS 468B.162 Coordination of ground water activities; report. (1) The Department of Environmental Quality shall coordinate the interagency management of ground water quality as necessary to achieve the goal set forth in ORS 468B.155

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ORS 468B.164 Encouragement of federal actions. In carrying out its coordination activities under ORS 468B.162, the Department of Environmental Quality shall encourage federal agency actions that are consistent with the water policies of the State of Oregon. [Formerly 536.112]

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ORS 468B.165 Ground water contaminants; maximum levels; rules. (1) Within 90 days after receiving the recommendations of the technical advisory committee under ORS 468B.166, the Environmental Quality Commission shall begin rulemaking to first adopt final rules establishing maximum measurable levels for contaminants in ground water. The commission shall adopt the final rules not later than 180 days after the commission provides notice under ORS 183.335

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ORS 468B.166 Technical advisory committee; duties; membership. (1) The Department of Environmental Quality shall appoint a nine-member technical advisory committee to develop criteria and a method for the Environmental Quality Commission to apply in adopting by rule maximum measurable levels of contaminants in ground water. The technical advisory committee shall recommend criteria and a method for the development of standards that are protective of public health and the environment. If a federal standard exists, the method shall provide that the Environmental Quality Commission shall first consider the federal standard, and if the Environmental Quality Commission does not adopt the federal standard, the method shall require the Environmental Quality Commission to give a scientifically valid reason for not concurring with the federal standard. As used in this subsection, “federal standard” means a maximum contaminant level, a national primary drinking water regulation or an interim drinking water regulation adopted by the Administrator of the U.S. Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, as amended, 42 U.S.C. 300g-1

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ORS 468B.167 Ground water resource protection strategy; advisory committees. (1) The Department of Environmental Quality shall implement the following ground water resource protection strategy

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ORS 468B.169 Requests for funding, advice or assistance for ground water projects. (1) Any person, state agency, political subdivision of this state or ground water management committee organized under ORS 468B.179 or 468B.182 may submit to the Department of Environmental Quality a request for funding, advice or assistance for a research or development project related to ground water quality as it relates to Oregon’s ground water resource

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ORS 468B.170 [Formerly 468.695; repealed by 1995 c.690 §§25,26]

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ORS 468B.171 Awarding grants; purpose; rules. (1) Of the moneys available to the Department of Environmental Quality to award as grants under ORS 468B.169, not more than one-third shall be awarded for funding of projects directly related to issues pertaining to a ground water quality management area

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ORS 468B.175 Ground water quality concern area; declaration; recommendation; findings. (1) The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality concern area if, based on the results of the department’s monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department

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ORS 468B.177 Interagency team; assessment and outreach plan; report. (1) After a declaration of a ground water quality concern area, the Governor shall establish an interagency team and designate a lead agency. The Governor shall consider the primary contaminant of concern and the respective expertise, statutory responsibilities and regulatory authority of each relevant agency when making the lead agency designation. The interagency team shall include the Department of Environmental Quality, the Water Resources Department and the Oregon Health Authority and may include the State Department of Agriculture, the State Department of Geology and Mineral Industries and other agencies with responsibilities or authorities related to a contaminant of concern or remedial actions needed to address a contaminant of concern

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ORS 468B.178 Specific actions by agencies participating in interagency team. Consistent with the final agency assessment and outreach plan developed under ORS 468B.177 (1) to (7), the interagency team shall take the following actions

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ORS 468B.179 Ground water management committee; appointment; duties. (1)(a) Within a reasonable time after completion of the draft agency assessment and outreach plan under ORS 468B.177 (1) to (7), the lead agency, in consultation with the interagency team, shall appoint a ground water management committee. The ground water management committee shall be composed of at least seven members representing a balance of interests in the area affected by the declaration, including at least two homeowners or tenants that rely on a domestic well in the area for drinking water that has been affected by a contaminant of concern

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ORS 468B.180 Ground water quality management area; declaration; recommendation; standards. (1) The Department of Environmental Quality shall recommend that the Environmental Quality Commission declare a ground water quality management area if, through monitoring and assessment activities under ORS 468B.190, or through the review of other relevant data and information, the department confirms that, as a result of suspected nonpoint source activities, there is present in the ground water

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ORS 468B.182 Alternative appointment of ground water management committee. (1) After the declaration of a ground water quality management area, the lead agency designated under ORS 468B.184 shall appoint a ground water management committee for the affected area if a ground water management committee has not already been appointed under ORS 468B.179. A ground water management committee appointed under this section must include two homeowners or tenants that rely on a domestic well in the area for drinking water that has been affected by a contaminant of concern. If the affected area had previously been designated a ground water quality concern area, the same ground water management committee appointed under ORS 468B.179 shall continue to advise the interagency team

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ORS 468B.183 [Formerly 536.149; repealed by 2025 c.605 §21]

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ORS 468B.184 Interagency team; development of action plan. (1) After a ground water quality management area is declared, the Governor shall establish an interagency team and designate a lead agency responsible for developing an action plan, as provided in this section. If the affected area had previously been designated a ground water quality concern area, the Governor may establish the same interagency team and designate the same lead agency designated under ORS 468B.177 (1) to (7). If no lead agency and interagency team has been previously designated and established, the Governor, in designating a lead agency, shall consider the primary contaminant of concern and its predominant sources, and the respective expertise, statutory responsibilities and regulatory authority of each relevant agency. The interagency team shall include the Department of Environmental Quality, the Oregon Health Authority and the Water Resources Department. The interagency team may include the State Department of Agriculture and the State Department of Geology and Mineral Industries or other agencies with responsibilities or authorities related to a contaminant of concern

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ORS 468B.185 [Formerly 468.699; 1995 c.690 §8; renumbered 468B.190 in 1995]

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ORS 468B.186 Comment on action plan; final action plan; report. (1) After completion and distribution of the draft action plan under ORS 468B.184, the lead agency shall provide a 60-day period of public comment on the draft action plan and the manner by which members of the public may review the plan or obtain copies of the plan. The lead agency shall provide copies of the plan to appropriate county officials for comment

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ORS 468B.187 [Formerly 536.165; repealed by 2025 c.605 §21]

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ORS 468B.188 Repeal of declaration of ground water quality management area. (1) If, after implementation of the action plan developed by the interagency team under ORS 468B.184 and 468B.186, the ground water improves so that the levels of contaminants no longer exceed the levels established under ORS 468B.180, the Environmental Quality Commission, upon the recommendation of the Department of Environmental Quality, shall determine whether to repeal the ground water quality management area declaration and to establish a ground water quality concern area

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ORS 468B.189 Actions by State Department of Agriculture. After a declaration of a ground water quality management area under ORS 468B.180, and consistent with the action plan developed under ORS 468B.184 and 468B.186, the State Department of Agriculture, as necessary to control a relevant contaminant of concern

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ORS 468B.190 Ground water monitoring and assessment. (1) In cooperation with the Water Resources Department, the Department of Environmental Quality and the Oregon State University Agricultural Experiment Station shall conduct an ongoing statewide monitoring and assessment program of the quality of the ground water resource of this state. The program shall be designed to identify

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ORS 468B.195 Underground injection control program of federal Safe Drinking Water Act; rules; fees. (1) The Environmental Quality Commission may perform or cause to be performed any acts necessary for the implementation within this state of the underground injection control program of the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as in effect on June 4, 2007, and federal regulations or guidelines issued pursuant to the Safe Drinking Water Act. The commission may adopt all rules necessary for the administration and implementation of this subsection

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ORS 468B.196 [2007 c.297 §3; repealed by 2023 c.258 §3]

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ORS 468B.197 Subsurface Injection Fluids Account; establishment; interest; uses. The Subsurface Injection Fluids Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only to pay the administrative expenses of the underground injection control program implemented under ORS 468B.195. [2007 c.297 §4]

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ORS 468B.200 Legislative findings. The Legislative Assembly declares that it is the policy of the State of Oregon to protect the quality of the waters of this state by preventing animal wastes from discharging into the waters of the state. [Formerly 468.686]

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ORS 468B.203 Applicability of 468B.200 to 468B.230. The provisions of ORS 468B.200 to 468B.230 apply to animal feeding operations regulated under 33 U.S.C. 1342 only to the extent that the operation of the provisions of ORS 468B.200 to 468B.230 is consistent with federal law, regulations or guidelines issued pursuant to the Federal Water Pollution Control Act, P.L. 92-500, as amended. [2001 c.248 §6]

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ORS 468B.205 Definition of confined animal feeding operation; rules. (1) As used in ORS 468B.200 to 468B.230, “confined animal feeding operation” has the meaning given that term in rules adopted by the State Department of Agriculture or the Department of Environmental Quality. The definition must distinguish between various categories of animal feeding operations, including but not limited to those animal feeding operations that are subject to regulation under 33 U.S.C. 1342

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ORS 468B.210 Maximum number of animals per facility; determination. (1) All permits for confined animal feeding operations issued under ORS 468B.050 shall specify the maximum number of animals that may be housed at the facility

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ORS 468B.212 Land use compatibility statement; permitted or conditional use required. (1) Prior to applying for a permit under ORS 468B.050, an applicant for a proposed confined animal feeding operation shall request, from the city or county in which the confined animal feeding operation is proposed to be located, a land use compatibility statement that authorizes the land use

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ORS 468B.213 Authority of city or county to require setback or buffer for new large confined animal feeding operation. Notwithstanding ORS 30.935, 215.253 (1) and 633.738, the governing body of a city or county in which a new large confined animal feeding operation, as defined in ORS 468B.215, is proposed to be located may require the new large confined animal feeding operation to include a setback or buffer, composed of a natural or created vegetative barrier, berm or terrain, in the production area of the new large confined animal feeding operation, if the parcel of land on which the new large confined animal feeding operation would be located is adjacent to a parcel on which

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ORS 468B.215 Fees; preliminary consultation; permit conditions; inspection by State Department of Agriculture; review. (1) As used in this section

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ORS 468B.216 (1) A person that applies for a permit under ORS 468B.050 for a confined animal feeding operation operating under an NPDES or WPCF permit, as described in ORS 468B.215 (2), shall submit with the application a water supply plan that identifies all sources of the water that will be used to supply the level and duration of the water needs of the confined animal feeding operation, including any ancillary operations of the confined animal feeding operation, as described in the application

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ORS 468B.217 Memorandum of understanding with Department of Agriculture. (1) The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to operate a program for the prevention and control of water pollution from a confined animal feeding operation

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ORS 468B.219 Nutrient application permit; rules. (1) The State Department of Agriculture may issue a nutrient application permit

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ORS 468B.220 Civil penalty for violation of permit requirement. Any owner or operator of a confined animal feeding operation who has not applied for or does not have a permit required by ORS 468B.050 shall be assessed a civil penalty of $500 in addition to other penalties that the Director of the Department of Environmental Quality may assess. [Formerly 468.690]

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ORS 468B.222 [1995 s.s. c.3 §37a; repealed by 1996 c.5 §3 (468B.223 enacted in lieu of 468B.222)]

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ORS 468B.223 [1996 c.5 §4 (enacted in lieu of 468B.222); repealed by 2001 c.248 §14]

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ORS 468B.224 [1995 s.s. c.3 §37b; repealed by 1996 c.5 §5 (468B.225 enacted in lieu of 468B.224)]

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ORS 468B.225 Prerequisite for investigation; written complaint; security deposit. (1) Prior to conducting an investigation of an animal feeding operation under ORS 468B.217 on the basis of a complaint, the State Department of Agriculture shall

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ORS 468B.226 [1995 s.s. c.3 §37c; repealed by 1996 c.5 §7 (468B.227 enacted in lieu of 468B.226)]

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ORS 468B.227 [1996 c.5 §8 (enacted in lieu of 468B.226); repealed by 2001 c.248 §14]

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ORS 468B.230 Department of Agriculture civil penalty authority. (1) In addition to any liability or penalty provided by law, the State Department of Agriculture may impose a civil penalty on the owner or operator of a confined animal feeding operation for failure to comply with a provision of ORS chapter 468 or 468B or any rule adopted under, or a permit issued under ORS chapter 468 or 468B, relating to the control and prevention of water pollution from a confined animal feeding operation. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the State Department of Agriculture finds that a different period of time is more appropriate to describe a specific violation event

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ORS 468B.300 Definitions for ORS 468B.300 to 468B.500. As used in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500

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