Title 36A, Housing; Lottery and Games; Environment

As used in ORS 448.268, 448.271 and 468B.150 to 468B.190: (1) “Contaminant” means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in ground water or that occurs naturally but at a lower concentrati…

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 presen…

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: (1) Publ…

(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. (2)(a) The Department of Environmental Quality shall provide staff for project oversight and for those activ…

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] Note: See note under 468B.150.

(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 commi…

(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 adv…

(1) The Department of Environmental Quality shall implement the following ground water resource protection strategy: (a) Coordinate projects and activities of other agencies designed to reduce impacts on ground water from: (A) Commercial and industrial activities; (B) Commercial …

(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 …

(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. (2) The department may a…

(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 r…

(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 aut…

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: (1) The Department of Environmental Quality shall: (a) Working with contract agents, as defined in ORS 454.605, where appl…

(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 sh…

(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, …

(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 g…

(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 qu…

(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 age…

(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 t…

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: (1) Shall adopt and imp…

(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…

(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…

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…

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]

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 Federa…

(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 fe…

(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. (2) The maximum number of animals specified in a permit shall be determined for each facility on the basis of the capac…

(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…

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 setba…

(1) As used in this section: (a) “Expanding confined animal feeding operation” means a confined animal feeding operation that is expanding operational size into a new tier, as described in ORS 561.255 (2). (b) “Expanding large confined animal feeding operation” means a large conf…

(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…

(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 …

(1) The State Department of Agriculture may issue a nutrient application permit. (2) As applicable, the permit must concern, but need not only concern: (a) The rate of nutrient application. (b) The source of the nutrients. (c) The placement of the nutrients. (d) The timing of nut…

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…

(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: (a)(A) Require the person making the complaint to specify the complaint in writing; or (B) Make a detailed written re…

(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,…

As used in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500: (1) “Bulk” means material stored or transported in loose, unpackaged liquid, powder or granular form capable of being conveyed by a pipe, bucket, chute or belt system. (2) “Cargo vessel” means a self-propelled…

(1) It shall be unlawful for oil to enter the waters of the state from any ship or high hazard train route or from any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault o…

(1) Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. However, in any action to rec…

(1) In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over oil which enters the waters of the state in violation of ORS 468B.305 to collect and remove the oil immediately. (2) If it is not feasible to c…

(1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to co…

(1) The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises, ship or place for the purpose of investigating, controlling, collecting, removing, treating, containing or dispersing a spill or release or thr…

(1) If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time provided in subsection (2) of this section, the Attorney General, upon the request of the Director of the Department of Enviro…

Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement or prohibition is in conflict with any applicable federal law or regulation. [Formerly 449.175 and then 468.815]

The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state or while the gas is at a facility that receives liquefied natural gas from a vessel. [2007 c.157 §5] (Facility and Covered Vessel Contin…

(1) The Legislative Assembly finds that: (a) Oil spills present a serious danger to the fragile natural environment of the state. (b) Commercial vessel activity on the navigable waters of the state is vital to the economic interests of the people of the state. (c) Recent studies …

(1) Unless an oil spill prevention and emergency response plan has been approved by the Department of Environmental Quality and has been properly implemented, no person shall: (a) Cause or permit the operation of an onshore facility in the state; (b) Cause or permit the operation…

(1) The Environmental Quality Commission shall adopt rules defining: (a) Standards for the preparation of contingency plans for facilities and covered vessels; and (b) Oil spill response zones within the navigable waters of the state and the amount of equipment identified in an o…

(1) A contingency plan for a facility or covered vessel shall be submitted to the Department of Environmental Quality within 12 months after the Environmental Quality Commission adopts rules under ORS 468B.350. The department may adopt a schedule for submission of an oil continge…

In reviewing the contingency plan required by ORS 468B.345, the Department of Environmental Quality shall consider at least the following factors: (1) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call-down lis…