(1) "Barrel" means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) "Cleanup" means the containment, collection, removal, treatment or disposal of oil or hazardous material, site restoration and any investigations, monitoring, surveys, testing and other information gathering required or conducted by the Department of Environmental Quality.
(3) "Cleanup costs" means all costs associated with the cleanup of a spill or release incurred by the state, its political subdivision or any person with written approval from the department when implementing ORS 466.205, 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4) "Commission" means the Environmental Quality Commission.
(5) "Department" means the Department of Environmental Quality.
(6) "Director" means the Director of the Department of Environmental Quality.
(7) "Hazardous material" means one of the following:
(a) A material designated by the commission under ORS 466.630.
(b) Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as defined in ORS 469.300, radioactive material identified by the Energy Facility Siting Council under ORS 469.605 and radioactive substances as defined in ORS 453.005.
(d) Communicable disease agents as regulated by the Oregon Health Authority under ORS 431.001 to 431.550, 431.990, 431A.005 to 431A.020, 433.001 to 433.045 and 433.110 to 433.770.
(e) Hazardous substances designated by the United States Environmental Protection Agency under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.
(8) "Oils" or "oil" includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product.
(9) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the federal government and any agency thereof.
(10) "Reportable quantity" means one of the following:
(a) A quantity designated by the commission under ORS 466.625.
(b) The least of:
(A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;
(B) The quantity designated for hazardous waste under ORS 466.005 to 466.385, 466.990 (1) and (2) and 466.992;
(C) Any quantity of radioactive material, radioactive substance or radioactive waste;
(D) If spilled into waters of the state, or escape into waters of the state is likely, any quantity of oil that would produce a visible oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission under ORS 466.625.
(11) "Respond" or "response" means:
(a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release of oil or hazardous material;
(b) First aid, rescue or medical services, and fire suppression; or
(c) Containment or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or the environment that may result from a spill or release or threatened spill or release if action is not taken.
(12) "Spill or release" means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air or into or on any land or waters of the state, as defined in ORS 468B.005, except as authorized by a permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal law or while being stored or used for its intended purpose.
(13) "Threatened spill or release" means oil or hazardous material is likely to escape or be carried into the air or into or on any land or waters of the state, including from a ship as defined in ORS 468B.300 that is in imminent danger of sinking. [1985 c.733 §1; 1987 c.735 §26; 1989 c.6 §14; 1993 c.422 §28; 1997 c.249 §162; 2007 c.445 §41; 2009 c.595 §946; 2013 c.680 §19; 2015 c.736 §100; 2017 c.17 §41]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 466 - Hazardous Waste and Hazardous Materials II
Section 466.005 - Definitions for ORS 453.635 and 466.005 to 466.385.
Section 466.015 - Powers and duties of department.
Section 466.020 - Rules and orders.
Section 466.025 - Duties of commission.
Section 466.045 - Application form; contents; fees; renewal application; rules.
Section 466.050 - Citizen advisory committees.
Section 466.055 - Criteria for new facility.
Section 466.060 - Criteria to be met by owner and operator before issuance of permit.
Section 466.067 - Modification of PCB or hazardous waste permit to allow recycling operation; fee.
Section 466.069 - Hazardous Waste Technical Assistance Fund; uses; limitations.
Section 466.070 - Standards for rules.
Section 466.075 - Rules for generators of hazardous waste.
Section 466.077 - Fee for generators of hazardous waste to obtain identification number.
Section 466.086 - Gaining federal authorization; rules.
Section 466.090 - Inspection and copying of records authorized; exceptions.
Section 466.095 - Hazardous waste to be stored or treated at permitted site; exemptions.
Section 466.100 - Disposal of waste restricted; permit required.
Section 466.105 - Duties of permittee.
Section 466.107 - Action under ORS 466.105 against guarantor.
Section 466.110 - Application; form.
Section 466.115 - Required application information.
Section 466.120 - Required application information to operate site.
Section 466.125 - Notice of hearings on applications.
Section 466.140 - Review of applications; issuance.
Section 466.145 - Review of treatment applications; issuance.
Section 466.150 - Permit requirements.
Section 466.153 - Exemption from state or local laws for sale or deeding of land.
Section 466.160 - Site permit fees; disposition; withdrawal by permittee.
Section 466.165 - Annual fees; use.
Section 466.168 - Annual fee for used oil processor.
Section 466.180 - Department authority to limit storage, disposal or treatment.
Section 466.185 - Investigation upon complaint; hearings; orders.
Section 466.190 - Investigation upon motion of department; findings and orders.
Section 466.195 - Monitoring and surveillance program; inspection.
Section 466.200 - Procedure for emergencies.
Section 466.205 - Liability for improper disposal of waste; costs; lien for department expenditures.
Section 466.215 - Post-closure permit for disposal site; rules; fee.
Section 466.225 - Monitoring site; access.
Section 466.255 - Disposal of PCB restricted; permit required for PCB disposal facility.
Section 466.260 - Duties of department.
Section 466.265 - Rules for regulation of PCB disposal.
Section 466.270 - Criteria for rules; study of disposal methods.
Section 466.275 - Permit application for PCB disposal facility.
Section 466.285 - Notice of hearings on application.
Section 466.300 - Restrictions on commission authority to issue permit.
Section 466.305 - Investigation of complaints; hearing; order.
Section 466.315 - Procedure for emergency.
Section 466.320 - Conditions for holding permit.
Section 466.335 - Consequences of revocation.
Section 466.340 - Restrictions on treatment or disposal of PCB at facility.
Section 466.345 - PCB facility permit fee.
Section 466.350 - Post-closure permit; fee.
Section 466.370 - Notice to owner; hearing; filing of notice if no objection.
Section 466.375 - Filing of notice; content of notice.
Section 466.505 - Definitions for ORS 466.505 to 466.530.
Section 466.510 - Sale of items containing concentrations of PCB prohibited; rules; exceptions.
Section 466.515 - Electric transformers or capacitors exempted; rules.
Section 466.520 - Exemption certificates; applications; conditions.
Section 466.605 - Definitions for ORS 466.605 to 466.680.
Section 466.610 - Department authority relating to cleanup of oil or hazardous material.
Section 466.620 - Emergency response plan.
Section 466.630 - Commission designation of substance as hazardous material; rules.
Section 466.635 - Report of spill or release of reportable quantity of hazardous material.
Section 466.640 - Strict liability for spill or release; exceptions.
Section 466.645 - Cleanup; failure to complete cleanup.
Section 466.670 - Oil and Hazardous Material Emergency Response and Remedial Action Fund.
Section 466.680 - Responsibility for expenses of cleanup; record; treble damages; order; appeal.
Section 466.706 - Definitions for ORS 466.706 to 466.882 and 466.994.
Section 466.710 - Application of ORS 466.706 to 466.882 and 466.994.
Section 466.715 - Legislative findings.
Section 466.720 - Statewide underground storage tank program; federal authorization; rules.
Section 466.725 - Limitation on local government regulation.
Section 466.727 - Prohibition on local government tax, fee or surcharge.
Section 466.743 - Training on operation, maintenance and testing; rules.
Section 466.746 - Commission rules; considerations.
Section 466.750 - License procedure for persons servicing underground tanks.
Section 466.760 - When permit required; who required to sign application.
Section 466.765 - Duty of owner or permittee of underground storage tank.
Section 466.770 - Corrective action required on contaminated site.
Section 466.775 - Grounds for refusal, modification, suspension or revocation of permit.
Section 466.780 - Variance upon petition.
Section 466.783 - Installation fee; permit modification fee.
Section 466.785 - Annual storage tank fee; late payment fee.
Section 466.787 - Annual service provider fee; biennial supervisor fee.
Section 466.791 - Underground Storage Tank Compliance and Corrective Action Fund; sources; uses.
Section 466.795 - Underground Storage Tank Insurance Fund.
Section 466.800 - Records as public records; exceptions.
Section 466.805 - Site inspection; subpoena or warrant.
Section 466.815 - Financial responsibility of owner or permittee; rules; legislative review.
Section 466.820 - Reimbursement to department; procedure for collection; treble damages.
Section 466.830 - Halting tank operation upon clear and immediate danger.
Section 466.835 - Compliance and correction costs as lien; enforcement.
Section 466.840 - Legislative findings.
Section 466.868 - Licensing requirements; annual fee; registry of licensees; revocation of license.
Section 466.872 - Certification of voluntary decommissioning or approval of corrective action; fee.
Section 466.901 - Definitions for ORS 466.901 to 466.915.
Section 466.905 - Eligibility for financial assistance; amount of grants.
Section 466.910 - Sources of funds; disposition.
Section 466.913 - Fuel Tank Compliance and Corrective Action Fund.
Section 466.917 - Priority of financial assistance granted by Director of Transportation.
Section 466.920 - Priority for distribution of funds by State Marine Board.
Section 466.990 - Civil penalties generally.
Section 466.994 - Civil penalties for violations of underground storage tank regulations.