Title 36A, Housing; Lottery and Games; Environment

As used in ORS 468B.080: (1) “Buildings or structures” includes but is not limited to floating buildings and structures, houseboats, moorages, marinas, or any boat used as such. (2) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, …

(1) No garbage or sewage shall be discharged into or in any other manner be allowed to enter the waters of the state from any building or structure unless such garbage or sewage has been treated or otherwise disposed of in a manner approved by the Department of Environmental Qual…

(1) The Environmental Quality Commission shall adopt rules as to the beneficial use of chassis, bodies, shells, and tires of motor vehicles in the waters of the state, including the means and methods of placing them in the waters of the state. In adopting such rules the commissio…

Subject to ORS 468B.083, a person, including a person in the possession or control of land, may not deposit, discard or place the chassis, body or shell of a motor vehicle as defined by ORS 801.360, a vehicle as defined by ORS 801.590, a manufactured structure as defined in ORS 4…

(1) Notwithstanding any other provision of this chapter, and unless prohibited by federal law, the Environmental Quality Commission and the Department of Environmental Quality may, in a permit applicable to a seafood processing facility for the discharge of wastewater effluent in…

(1) The Department of Environmental Quality may issue a permit to discharge shrimp and crab processing by-products into the waters of an Oregon estuary under ORS 468B.050 or 468B.053 for the purpose of enhancing aquatic life production. The permit shall impose the following condi…

(1) The Director of the Department of Environmental Quality shall issue a general permit for the discharge of geothermal spring water to surface water. The general permit shall cover any activity with the following characteristics: (a) The chemical nature of the water is not chan…

The Environmental Quality Commission shall adopt by rule requirements for the use of sludge on agricultural, horticultural or silvicultural land including, but not limited to: (1) Procedure and criteria for selecting sludge application sites, including providing the opportunity f…

As used in ORS 468B.105 and 468B.110, “forestlands” and “operation” have the meaning for those terms provided in ORS 527.620. [1991 c.919 §22a]

Upon request of the State Board of Forestry, the Environmental Quality Commission shall review any water quality standard that affects forest operations on forestlands. The commission’s review may be limited to or coordinated with the triennial or any other regularly scheduled re…

(1) Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS 468B.048, the Environmental Quality Commission or Department of Environmental Quality may, by rule or order, impose and enforce li…

As used in ORS 468B.112 to 468B.118: (1) “Essential indigenous anadromous salmonid habitat” has the meaning given that term in ORS 196.810, as further defined and designated by rule by the Department of State Lands pursuant to ORS 196.810. (2) “Line of ordinary high water” has th…

(1) An operator may not allow a discharge to waters of the state from a motorized in-stream placer mining operation or activity without having an individual permit or being covered by a general permit issued under ORS 468B.050. (2) In order to protect indigenous anadromous salmon…

(1) An application for a permit under ORS 468B.050 to engage in motorized in-stream placer mining must include: (a) The name and address of the operator; (b) Information on how the proposed motorized in-stream placer mining location will be accessed by the operator; (c) A written…

A person shall pay the following fees to the Department of Environmental Quality for a general permit issued under ORS 468B.050 for motorized in-stream placer mining, unless the Environmental Quality Commission establishes a lower fee amount under ORS 468.065: (1) A fee of $250 f…

As used in ORS 468B.120 to 468B.135: (1) “Cleaning agent” means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limite…

(1) The Legislative Assembly of the State of Oregon finds that: (a) Phosphorous loading of the waters of the state is a serious pollution problem affecting water quality in some river basins in the state. (b) Phosphate detergents contribute significant phosphorous loading to the …

(1) Except as provided in subsection (2) of this section, a person may not sell, offer to sell or distribute for sale within Oregon any cleaning agent containing more than 0.5 percent phosphorus by weight. (2) A cleaning agent used in automatic commercial dishwashers may be sold,…

ORS 468B.130 (1) and (2) do not apply to any cleaning agent: (1) Used in dairy, beverage or food processing equipment; (2) Used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including phosphoric acid products or trisodium phosphate; (3) Used in hospit…

As used in ORS 468B.138 to 468B.144: (1) “Legacy” means a pollutant, the use of which has been banned or restricted for several years, that remains at detectable levels in sediment and tissue samples. (2) “Municipality” means a city or special district that operates and maintains…

(1) The Department of Environmental Quality shall conduct a study of persistent pollutants discharged in the State of Oregon and report the results of that study to an appropriate interim committee of the Legislative Assembly related to the environment by June 1, 2010. (2) The de…

(1)(a) By July 1, 2011, each permittee shall submit to the Department of Environmental Quality a plan for reducing the permittee’s discharges of persistent pollutants listed on the priority listing described in ORS 468B.139 (2)(a): (A) That occur in concentrations greater than th…

In accordance with applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary for the administration of ORS 468B.139 and 468B.140. [2007 c.696 §5]

(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 cou…

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…

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] (Ground Water)

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]