Title 36A, Housing; Lottery and Games; Environment

(1) The Department of Environmental Quality shall periodically audit, or cause to be audited, the programs established under ORS 468.444 and 468.446 to determine whether the programs are being implemented and administered in compliance with the provisions of ORS 468.442 to 468.44…

(1) The Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Incentive Fund shall be credited to the fund. (2) Moneys in the Zero-Emission Incentive Fund shall consist of: (a) Amounts …

(1) As used in this section, “qualifying vehicle” means a motor vehicle, as defined in ORS 801.360, or a combination of vehicles operated as a unit, that: (a) Has a gross vehicle weight rating of 8,501 pounds or greater; (b) Has a drivetrain that produces zero exhaust emissions o…

(1) The Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Medium- and Heavy-Duty Vehicle Incentive Fund shall be credited to the fund. (2) Moneys in t…

(1) The Medium- and Heavy-Duty Electrification Charging Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Medium- and Heavy-Duty Electrification Charging Fund must be credited to the Medium- and Heavy-Duty Electrificati…

As used in ORS 468.501 to 468.521: (1) “Agency” means either the Department of Environmental Quality or the Lane Regional Air Protection Agency created pursuant to ORS 468A.010 to 468A.180, or both, as the context requires. (2) “Commission” means the Environmental Quality Commiss…

The purpose of ORS 468.501 to 468.521 is to authorize: (1) The issuance of Green Permits to persons regulated under the environmental laws of the State of Oregon. (2) The Environmental Quality Commission to develop Green Permit criteria that will result in the use of innovative e…

The Environmental Quality Commission shall establish by rule criteria for Green Permits and procedures for the application, review and public participation in the process of issuance of the permits. The accepting, processing and issuing of Green Permits is a discretionary functio…

Any person owning or operating a facility or contiguous facilities subject to regulation under the environmental laws may act as a sponsor and propose a Green Permit. [1997 c.553 §4] Note: See note under 468.501.

Notwithstanding any other provision of law, any requirement under the environmental laws, except those required by treaty or interstate compact or by a federal law, that is contrary to the terms and provisions of a Green Permit shall not apply to a facility operating under a Gree…

The decision of an agency to refuse to issue a Green Permit is not subject to judicial review. The decision of an agency to issue a Green Permit may be appealed in accordance with the provisions of ORS 183.484 pertaining to review of an order in other than a contested case. [1997…

If a sponsor operating a facility under a Green Permit fails to perform any term or condition in the Green Permit, the agency may, after written notice to the permittee, terminate the Green Permit in whole or in part. The permittee may appeal the agency’s decision to terminate a …

After an agency issues a notice of termination of a Green Permit in the manner provided in ORS 468.516, the operator of the facility shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Green Permit. An application filed du…

The agency shall recover the full cost of the agency in developing, negotiating and publicizing a Green Permit in the following manner: (1) The sponsor shall fully reimburse the agency for the agency’s full direct, indirect and all associated costs of conducting the review, negot…

(1) The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the pr…

(1) There is established a Willamette River Cleanup Authority consisting of five members. The authority shall be composed of: (a) The Governor; (b) Two members of the House of Representatives, appointed by the Speaker of the House of Representatives; and (c) Two members of the Se…

As used in ORS 468.581 to 468.587: (1) “Adaptive management mechanisms” means the processes of implementing programs in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management activities and then uses the result…

It is the policy of this state to support the maintenance, enhancement and restoration of ecosystem services throughout Oregon, focusing on the protection of land, water, air, soil and native flora and fauna. [2009 c.808 §2] Note: See note under 468.581.

The Legislative Assembly finds that: (1) Maintaining sustainable rural and urban landscapes is important for the quality of life of all Oregonians. Sustainable forestry, agriculture and ranching practices can help to maintain and restore the vitality of Oregon’s communities while…

(1) State agencies are encouraged to adopt and incorporate adaptive management mechanisms in their programs in order to support the maintenance, restoration and enhancement of ecosystem services. (2) State agencies are encouraged to use ecosystem services markets as a means to me…

For purposes of ORS 468.922 to 468.956: (1) “Knowingly”: (a) Has the meaning given that term in ORS 161.085; or (b) Means a person acts with a conscious purpose to avoid knowledge of a conduct or a circumstance in violation of ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, …

(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the second degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowing…

ORS 161.655 does not apply to offenses specified in ORS 468.922 to 468.956. [2009 c.267 §11] Note: 468.924 was added to and made a part of 468.922 to 468.956 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further …

(1) A person commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree if the person, in violation of ORS 466.095 or 466.100 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.095 or 466.100, knowingl…

(1) A person commits the crime of unlawful transport of hazardous waste in the second degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly …

(1) A person commits the crime of unlawful transport of hazardous waste in the first degree if the person, in violation of ORS 466.080, 824.090 or 825.258 or any rule, standard, license, permit or order adopted or issued under ORS 466.020, 466.080, 824.090 or 825.258, knowingly t…

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.922, 468.926, 468.929 or 468.931 is a separately punishable offense. [1993 c.422 §6]

(1) A person commits the crime of unlawful air pollution in the second degree if the person knowingly violates any applicable requirement of ORS chapter 468A or a permit, rule or order adopted or issued under ORS chapter 468A. (2) Subject to ORS 153.022, unlawful air pollution in…

(1) A person commits the crime of unlawful air pollution in the first degree if the person, in violation of ORS chapter 468A or any rule, permit, order or any applicable requirement adopted or issued under ORS chapter 468A, knowingly discharges, emits or allows to be discharged o…

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.936 or 468.939 is a separately punishable offense. [1993 c.422 §9]

(1) A person commits the offense of unlawful water pollution in the second degree if the person with criminal negligence violates ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B. (2) Subject to ORS 153.022, unlawful water …

(1) A person commits the crime of unlawful water pollution in the first degree if the person, in violation of ORS chapter 468B or any rule, standard, license, permit or order adopted or issued under ORS chapter 468B, knowingly discharges, places or causes to be placed any waste i…

(1) A person commits the offense of unlawful motorized in-stream placer mining if the person knowingly engages in motorized in-stream placer mining, as defined in ORS 468B.112, without a permit issued under ORS 468B.050 or in violation of any rule, permit, order or any applicable…

Notwithstanding ORS 161.067, each day on which a violation occurs or continues under ORS 468.943 or 468.946 is a separately punishable offense. [1993 c.422 §12]

(1) A person commits the crime of environmental endangerment if the person: (a) Knowingly commits the crime of unlawful disposal, storage or treatment of hazardous waste in the first degree, unlawful transport of hazardous waste in the first degree, unlawful air pollution in the …

(1) A person commits the crime of supplying false information to any agency if the person: (a) Makes any false material statement, representation or certification knowing it to be false, in any application, notice, plan, record, report or other document required by any provision …

Refusal, without good cause, to produce books, papers or information subpoenaed by the Environmental Quality Commission, the Department of Environmental Quality or the regional air quality control authority or any report required by law or by the commission, the department or a r…

(1) It is an affirmative defense to any offense under ORS 468.922 to 468.946 that the alleged violation was the result of an upset or bypass. (2) For purposes of this section: (a) “Bypass” means the temporary discharge of waste or an air contaminant in violation of ORS chapter 46…

(1) Except in exigent circumstances, no person shall be charged with a felony under ORS 468.922 to 468.956 without the personal approval of the district attorney of the county or the Attorney General of the State of Oregon. (2) In order to promote consistency in bringing criminal…

If a person is convicted of a felony under ORS 468.922 to 468.956, the county district attorney or the Attorney General, whichever was the prosecuting officer, shall give notice of the conviction to the Department of Revenue. [2001 c.928 §8]

(1) In order to encourage owners and operators of facilities and persons conducting other activities regulated under ORS 824.050 to 824.110 or ORS chapter 465, 466, 468, 468A, 468B or 825, or the federal, regional or local counterpart or extension of such statutes, both to conduc…

(1) In addition to any other penalty provided by law, any person who intentionally or recklessly violates any provision of ORS 164.785, 459.205 to 459.426, 459.705 to 459.790, ORS chapters 465, 466 or 467 or 468, 468A and 468B or any rule or standard or order of the Environmental…

Where any provision 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 ORS chapters 468, 468A and 468B provides that each day of violation of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.75…

As used in ORS chapters 468, 468A and 468B, unless the context requires otherwise: (1) “Air-cleaning device” means any method, process or equipment which removes, reduces or renders less noxious air contaminants prior to their discharge in the atmosphere. (2) “Air contaminant” me…

(1) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Oregon: (a) To restore and maintain the quality of the air resources of the state in a condition as free from air pollution as is practicable, consistent wit…

It is the purpose of the air pollution laws contained 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 to safeguard the air resources of the state by controlling, abating and preventing air pollutio…