Title 36A, Housing; Lottery and Games; Environment

Except as provided in ORS 467.131 and 467.133, no person may emit, cause the emission of, or permit the emission of noise in excess of the levels fixed therefor by the Environmental Quality Commission pursuant to ORS 467.030. [1971 c.452 §3; 1995 s.s. c.3 §40c; 1996 c.8 §2]

(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt rules relating to the control of levels of noise emitted into the environment of this state and including the following: (a) Categories of noise emission sources,…

(1) In addition to the powers of the Environmental Quality Commission described in ORS 467.060, the commission by rule may exempt a class of activity within a category of noise emission sources from the application of a rule establishing maximum permissible levels of noise emissi…

The Environmental Quality Commission has the power to investigate complaints regarding excessive noise emission, to hold hearings, to issue orders, to make rules, to impose sanctions, and to do any other thing necessary to carry out the policies of this state as set forth in this…

The Environmental Quality Commission shall have the further power to enforce compliance with or restrain violation of this chapter or rules or orders made thereunder in the same manner provided for enforcement proceedings under ORS chapters 468, 468A and 468B. [1971 c.452 §5; 197…

(1) The Environmental Quality Commission by order may grant specific variances from the particular requirements of any rule or standard to such specific persons or class of persons or such specific noise emission source, upon such conditions as it may consider necessary to protec…

(1) Pursuant to this chapter, in order to protect the health, safety and welfare of its citizens, a city or county may adopt and enforce noise ordinances or noise standards otherwise permitted by law. A city or county may also adopt such standards for a class of activity exempted…

(1) Except as provided in subsection (3) of this section, agricultural operations and forestry operations are exempt from the provisions of this chapter. (2) As used in this section: (a) “Agricultural operations” means the current employment of land and buildings on a farm for th…

Any owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall be immune from civil or criminal liability based upon an allegation of noise or noise pollution so long as: (1) The allegation results from the norma…

The owner, operator or lessee of a rifle, pistol, silhouette, skeet, trap, blackpowder or other shooting range in this state shall not be subject to any action for nuisance and no court in this state shall enjoin the use or operation of such shooting range on the basis of noise o…

Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a shooting range a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to a shooting range for which no action or cla…

The exemption allowed under ORS 467.131 and 467.133 for shooting activity conducted for law enforcement training purposes shall be allowed only: (1) For up to four nights a month; and (2) After the owner, lessee or operator provides notice of the activity at least one week before…

Violation of any provision of this chapter or rules or orders made under the provisions of this chapter is a Class B misdemeanor. Each day of violation shall be considered a separate offense. [1971 c.452 §6; 1973 c.835 §161] _______________

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…