2021 Oregon Revised Statutes
Chapter 466 - Hazardous Waste and Hazardous Materials II
Section 466.706 - Definitions for ORS 466.706 to 466.882 and 466.994.


(1) "Commercial lending institution" means any financial institution or trust company, as those terms are defined in ORS 706.008, or any cooperative financial institution regulated by an agency of the federal government or this state.
(2) "Commission" means the Environmental Quality Commission.
(3) "Corrective action" means remedial action taken to protect the present or future public health, safety, welfare or the environment from a release of a regulated substance. "Corrective action" includes but is not limited to:
(a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of a regulated substance; or
(b) Transportation, storage, treatment or disposal of a regulated substance or contaminated material from a site.
(4) "Decommission" means to remove from operation an underground storage tank, including temporary or permanent removal from operation, abandonment in place or removal from the ground.
(5) "Department" means the Department of Environmental Quality.
(6) "Facility" means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site.
(7) "Fee" means a fixed charge or service charge.
(8) "Guarantor" means any person other than the permittee who by guaranty, insurance, letter of credit or other acceptable device, provides financial responsibility for an underground storage tank as required under ORS 466.815.
(9) "Heating oil tank" means an aboveground or underground tank and pipes connected to the tank that contain heating oil for heating a building with human habitation or water heating not used for commercial processing.
(10) "Heating oil tank service" means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from a heating oil tank.
(11) "Investigation" means monitoring, surveying, testing or other information gathering.
(12) "Local unit of government" means a city, county, special service district, metropolitan service district created under ORS chapter 268 or a political subdivision of the state.
(13) "Oil" means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
(14) "Owner" means the owner of an underground storage tank.
(15) "Permittee" means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or maintenance of an underground storage tank under a permit issued pursuant to ORS 466.760.
(16) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity or the federal government or any agency of the federal government.
(17) "Regulated substance" means:
(a) Any substance listed by the United States Environmental Protection Agency in 40 C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (P.L. 96-510 and P.L. 98-80), but not including any substance regulated as a hazardous waste under 40 C.F.R. part 261 and OAR 340 Division 101;
(b) Oil; or
(c) Any other substance designated by the commission under ORS 466.630.
(18) "Release" means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.
(19) "Stage I vapor collection system" means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.
(20) "Stage II vapor collection system" means a system where at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.
(21) "Underground storage tank" means any one or combination of tanks and underground pipes connected to the tank, used to contain an accumulation of a regulated substance, and the volume of which, including the volume of the underground pipes connected to the tank, is 10 percent or more beneath the surface of the ground.
(22) "Waters of the state" has the meaning given that term in ORS 468B.005. [1991 c.863 §12 (enacted in lieu of 466.705); 1997 c.631 §479; 1999 c.880 §10; 1999 c.979 §8]

Structure 2021 Oregon Revised Statutes

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 466.010 - Purpose.

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 466.065 - Applicant for renewal to comply with ORS 466.055 and 466.060; exceptions; permit conditions; rules.

Section 466.067 - Modification of PCB or hazardous waste permit to allow recycling operation; fee.

Section 466.068 - Technical assistance and information program for generators of hazardous waste; rules.

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 466.175 - Disposition of site or facility after revocation; acquisition of site by department.

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 466.295 - Examination of applications; recommendation to commission; decision as to issuance; notice to applicant.

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 466.355 - Interstate cooperation regarding toxics use and hazardous waste reduction programs.

Section 466.360 - Policy.

Section 466.365 - Commission authority to establish sites for which notice is required; rulemaking; report to Legislative Assembly.

Section 466.370 - Notice to owner; hearing; filing of notice if no objection.

Section 466.375 - Filing of notice; content of notice.

Section 466.385 - Amendment of comprehensive plan and land use regulations; model language; appeal of land use decision related to site requiring 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 466.625 - Rulemaking.

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 466.675 - Use of moneys in 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 466.730 - Delegation of program administration to state agency or local government by agreement.

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 466.810 - Investigation on noncompliance; findings and orders; decommissioning tank; hearings; other remedies.

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 466.837 - Noncompliance penalties for specific underground storage tank violations; waiver of right to appeal; advisory committee; rules.

Section 466.840 - Legislative findings.

Section 466.845 - Commission authority to accept and expend moneys received for financial assistance programs.

Section 466.858 - Heating oil tank regulatory program; license to provide heating oil tank services; certification of corrective action.

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 466.878 - Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank.

Section 466.882 - Rules.

Section 466.901 - Definitions for ORS 466.901 to 466.915.

Section 466.903 - Financial assistance program for fuel tanks holding aircraft or marine fuel; application; fees.

Section 466.905 - Eligibility for financial assistance; amount of grants.

Section 466.907 - Rules.

Section 466.910 - Sources of funds; disposition.

Section 466.913 - Fuel Tank Compliance and Corrective Action Fund.

Section 466.915 - Memorandum of understanding with State Marine Board or Department of Transportation.

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 466.992 - Civil penalties for damage to wildlife resulting from contamination of food or water supply.

Section 466.994 - Civil penalties for violations of underground storage tank regulations.

Section 466.995 - Criminal penalties.