Title 36A, Housing; Lottery and Games; Environment

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…

(1) The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 only if it determines that the plan meets the requirements of ORS 468B.345 to 468B.360 and: (a) The covered vessel or facility demonstrates evidence of compliance with ORS 468…

(1)(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365. (b) The rules shall require random practice drills without prior notice to test the adequacy of the respon…

(1) In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at reasonable times and in a safe manner enter and inspect facilities and tank vessels in order to insure compliance with the prov…

If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt rules necessary to enable the department to implement the state tank vessel inspection program. [199…

(1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan required under ORS 468B.345 if the department determines that a change has oc…

(1) No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380), if such compliance is required by federal law. (2) No person may cause or permit the o…

The Department of Environmental Quality shall: (1) In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket and market values in assessing damages resulting from oil discharges; (2) Work with other poten…

The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall: (1) Work with agencies responsible for wildlife protection in other west…

(1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.40…

(1) The Oil Spill Prevention Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil and hazardous material …

(1) By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses: (a) The fees assessed under ORS 468B.405 on covered vessels and offshore and onshore faciliti…

(1) There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the Department of Environmental Quality also shall consult with the State of Washington to establish a joint regional safety committee fo…

If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rule…

(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal…

(1) A railroad that owns or operates a high hazard train route in this state shall have an oil spill prevention and emergency response plan that has been approved by the Department of Environmental Quality. (2)(a) A railroad must submit a contingency plan for a high hazard train …

(1) A contingency plan for a high hazard train route required under ORS 468B.427 must: (a) Identify the high hazard train route for which the contingency plan is prepared. (b) Demonstrate the capacity of the railroad that owns or operates the high hazard train route, both in mate…

(1) The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan: (a) Meets the requirements of ORS 468B.429; and (b) If implemented, is capable, to the maximu…

(1) A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad sha…

(1) The High Hazard Train Route Oil Spill Preparedness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Hazard Train Route Oil Spill Preparedness Fund shall be credited to the fund. (2) The fund shall consist of: …

The Environmental Quality Commission may adopt rules as necessary for the implementation of ORS 468B.427, 468B.429, 468B.431, 468B.433 and 468B.435. [2019 c.581 §10] (Willful or Negligent Discharge)

(1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be deter…

(1) There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund. (2) All penalties recovered under ORS 468B.450 (1) shall be paid i…

The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821] (Shipping)

The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance …