Title 36A, Housing; Lottery and Games; Environment

(1)(a) The Director of the Department of Environmental Quality, in the director’s discretion, may enter into an agreement with any person including the owner or operator of the facility from which a release emanates, or any other potentially responsible person to perform any remo…

(1) In order to facilitate cleanup and reuse of contaminated property, the Department of Environmental Quality may, through a written agreement, provide a party with a release from potential liability under ORS 465.255, 466.640 and 468B.310 if: (a) The party is not currently liab…

(1) The Department of Environmental Quality shall keep a record of the state’s remedial action costs. (2) Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 465.255 or 465.260 to pay the am…

Notwithstanding ORS 291.050 to 291.060, the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative actions required by the provisions of ORS 465.315, 465.325 and 465.327. After July 18, 1995…

(1) All of the state’s remedial action costs, penalties and punitive damages for which a person is liable to the state under ORS 465.255, 465.260 or 465.900 shall constitute a lien upon any real and personal property owned by the person. (2) At the discretion of the Department of…

(1)(a) A person who is a contractor with respect to any release of a hazardous substance from a facility shall not be liable under ORS 465.200 to 465.485 and 465.900 or under any other state law to any person for injuries, costs, damages, expenses or other liability including but…

(1) Every person who operates a facility for the purpose of disposing of hazardous waste or PCB that is subject to interim status or a permit issued under ORS 466.005 to 466.385 and 466.992 shall pay a hazardous waste management fee by the 45th day after the last day of each mont…

(1) Notwithstanding ORS 465.375 (2) and (3), the hazardous waste management fee shall be: (a) $20 per ton for waste received by the facility that is: (A) PCB under Oregon or federal law; (B) Hazardous waste that becomes subject to regulation solely as a result of removal or remed…

The Department of Environmental Quality shall work cooperatively with other states to avoid disrupting or changing waste flows between states that may be caused by the establishment or adjustment of state disposal fees. [1995 c.552 §4]

(1) The Hazardous Substance Remedial Action Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned by the fund shall be credited to the fund. (2) The following shall be deposited into the State Treasury and credited to the Hazardous…

(1) Notwithstanding the totals established in ORS 459.236, the Environmental Quality Commission by rule may increase the total amount to be collected annually as a fee and deposited into the Orphan Site Account under ORS 459.236. The commission shall approve an increase if the co…

Nothing in ORS 453.396 to 453.408, 453.414, 459.236 and 459.311, including the limitation on the amount a local government unit must contribute under ORS 459.236 and 459.311, shall be construed to affect or limit the liability of any person. [1993 c.707 §9 (enacted in lieu of 465…

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.200 to 465.485 and 465.900. (2)(a) Within one year after July 16, 1987, the commission shall adopt rules esta…

(1) The Environmental Quality Commission shall adopt by rule: (a) A definition of “confirmed release” and “preliminary assessment”; and (b) Criteria to be applied by the Director of the Department of Environmental Quality in determining whether to remove a facility from the list …

In addition to the rules adopted under ORS 465.405, the Environmental Quality Commission shall adopt by rule a procedure for ranking facilities on the inventory based on the short-term and long-term risks they pose to present and future public health, safety, welfare or the envir…

The Director of the Department of Environmental Quality shall appoint a Remedial Action Advisory Committee in order to advise the Department of Environmental Quality in the development of rules for the implementation of ORS 465.200 to 465.485 and 465.900. The committee shall be c…

As used in ORS 465.430 to 465.455, “security interest holder” means a person who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in a facility. [1991 c.680 §2]

(1)(a) The Legislative Assembly finds that existing federal and state law related to liability of a security interest holder for environmental contamination is unclear, and that such lack of clarity has created uncertainty on the part of security interest holders as to whether se…

(1) The Environmental Quality Commission may adopt rules necessary to clarify the scope and meaning of the exemption from liability under ORS 465.255 of a security interest holder. The rules shall: (a) Identify activities that are consistent with holding and protecting a security…

In accordance with the purposes of ORS 465.425 to 465.455, the Environmental Quality Commission by rule shall define the instances in which a person acting under ORS chapter 709 and in a fiduciary capacity shall be exempt from liability for environmental contamination at property…

The Director of the Department of Environmental Quality shall appoint an advisory committee to advise the Department of Environmental Quality and the Environmental Quality Commission in the development of rules under ORS 465.435 and 465.440. [1991 c.680 §6]

Notwithstanding the discretion otherwise allowed under ORS 465.435, if federal law is enacted or regulations are adopted and become effective after May 1, 1991, the Environmental Quality Commission shall adopt rules under ORS 465.435. [1991 c.680 §7]

Nothing in ORS 465.425 to 465.455 or any rule adopted under ORS 465.435 or 465.440 shall be construed to impose liability on a security interest holder or fiduciary or to expand the liability of a security interest holder or fiduciary beyond that which might otherwise exist. [199…

For the purposes of ORS 465.475 to 465.484: (1) “Environmental claim” means a claim for defense or indemnity submitted under a general liability insurance policy by an insured facing, or allegedly facing, potential liability for bodily injury or property damage arising from a rel…

The Legislative Assembly finds that there are many insurance coverage disputes involving insureds who face potential liability for their ownership of or roles at polluted sites in this state. The State of Oregon has a substantial public interest in promoting the fair and efficien…

(1) If, after a diligent investigation by an insured of the insured’s own records, including computer records and the records of past and present agents of the insured, the insured is unable to reconstruct a lost policy, the insured may provide a notice of a lost policy to an ins…

(1) As used in this section: (a) “Long-tail environmental claim” means an environmental claim covered by multiple general liability insurance policies. (b) “Suit” or “lawsuit” includes but is not limited to formal judicial proceedings, administrative proceedings and actions taken…

(1) A general liability insurance policy that contains a provision that requires the consent of an insurance company before the rights under an insurance policy may be assigned may not prohibit the assignment without consent of an environmental claim for payment under the policy …

(1) If the provisions of a general liability insurance policy impose a duty to defend upon an insurer, and the insurer has undertaken the defense of an environmental claim on behalf of an insured under a reservation of rights, or if the insured has potential liability for the env…

(1) An insurer or any other person may not commit any of the following unfair environmental claims settlement practices: (a) Failure to commence investigation of an environmental claim within 15 working days after receipt of a notice of an environmental claim or failure to dilige…

ORS 465.475 to 465.484 shall be known and may be cited as the Oregon Environmental Cleanup Assistance Act. [Formerly 465.482]

As used in ORS 465.550 and 465.555: (1) “Chemical agents” means: (a) Blister agents, such as mustard gas; (b) Nerve agents, such as sarin and VX; (c) Residues from demilitarization, treatment and testing of blister agents; and (d) Residues from demilitarization, treatment and tes…

(1) If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated to occur at the site, the governing body of the county may conduct an assessment of the social and economic effects on communiti…

As used in ORS 465.600 to 465.621: (1) “Authority” means any public land bank authority created pursuant to ORS 465.600 to 465.621. (2) “Brownfield” has the meaning given that term in ORS 285A.185. (3) “Local government” means a local government as defined in ORS 174.116 or a int…

(1) A local government may, upon its own motion, consider whether it is advisable to create an authority for the purpose of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties that are located within the geographic boundaries over which the loc…

(1) An authority shall be managed and controlled by a board of directors. The initial board of directors shall be appointed by the local government that created the authority. Subsequent directors shall be appointed as provided in this section and the rules adopted by the authori…

(1) An authority shall have all powers necessary to accomplish the purposes of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties, including without limitation the power to: (a) Sue and be sued, plead and be impleaded in all actions, suits or …

(1) Except as provided in subsection (2) of this section, the debts, obligations and other liabilities of an authority are not a general or other obligation or liability of the local government that created the authority. (2) A local government may incur debt, including the issua…

(1) Except as provided in subsection (2) of this section, an authority, all assets owned by the authority, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to those bonds and the income from the bonds, shall be exempt from …

(1) An authority shall keep a record of the authority’s remedial action costs. (2) Notwithstanding any law to the contrary, an authority may, based on the record compiled by the authority under subsection (1) of this section, bring an action to recover from a person liable under …

(1) Dissolution of an authority may be initiated: (a) By resolution of the board of directors of the authority, filed with the local government that created the authority, if the board determines that dissolution of the authority is in the best interest of the community served by…

(1) In addition to any other penalty provided by law, any person who violates a provision of ORS 465.200 to 465.485, or any rule or order entered or adopted under ORS 465.200 to 465.485, shall incur a civil penalty not to exceed $25,000 a day for each day that such violation occu…

As used in ORS 453.635 and 466.005 to 466.385 and 466.992, unless the context requires otherwise: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Director” means the Director of the Department of En…

(1)(a) The Legislative Assembly finds that it is in the interest of public health and safety and environment to protect Oregon citizens from the potential harmful effects of the transportation and treatment or disposal of hazardous waste and PCB within Oregon. (b) Therefore, the …

The Department of Environmental Quality shall: (1) Provide for the administration, enforcement and implementation of ORS 466.005 to 466.385 and 466.992 and may perform all functions necessary: (a) To insure the proper management of hazardous waste by generators; (b) For the regul…

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission shall: (1) Adopt rules and issue orders thereon, including but not limited to establishing minimum requirements for the treatment, storage and disposal of hazardous wastes, minimum r…