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(continued)
Note: 468B.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Forest Operations)
468B.100 Definitions for ORS 468B.105 and 468B.110. 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]
468B.105 Review of water quality standard affecting forest operations. 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 review of the state’s water quality standards, consistent with ORS 468B.048, 468B.110 and applicable federal law. [1991 c.919 §23]
468B.110 Authority to establish and enforce water quality standards; limitation on authority; instream water quality standards. (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 limitations or other controls which may include total maximum daily loads, wasteload allocations for point sources and load allocations for nonpoint sources, as provided in the Federal Water Pollution Control Act (33 U.S.C.§ 1321) and federal regulations and guidelines issued pursuant thereto.
(2) Unless required to do so by the provisions of the Federal Water Pollution Control Act, neither the Environmental Quality Commission nor the Department of Environmental Quality shall promulgate or enforce any effluent limitation upon nonpoint source discharges of pollutants resulting from forest operations on forestlands in this state. Implementation of any limitations or controls applying to nonpoint source discharges or pollutants resulting from forest operations are subject to ORS 527.765 and 527.770. However, nothing in this section is intended to affect the authority of the commission or the department provided by law to impose and enforce limitations or other controls on water pollution from sources other than forest operations.
(3) When the Environmental Quality Commission establishes instream water quality standards to protect designated beneficial uses in the waters of the state, it shall consider, where applicable, available scientific information including, but not limited to, stream flow, geomorphology and other factors representing the variability and complexity of hydrologic systems and intrinsic water quality conditions.
(4) When the Environmental Quality Commission establishes instream water quality standards, it will also issue guidelines describing how the department and the commission will determine whether water quality standards in waters affected by nonpoint source activities are being met. In developing these guidelines, the commission shall include, where applicable, those physical characteristics such as stream flow, geomorphology, seasons, frequency, duration, magnitude and other factors which represent the variability and complexity of forested and other appropriate hydrologic systems. [1991 c.919 §24; 2003 c.14 §302]
(Phosphate Cleansing Agents)
468B.120 Definitions for ORS 468B.120 to 468B.135. 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 limited to the cleansing of fabrics, dishes, food utensils and household commercial premises. “Cleaning agent” does not include foods, drugs, cosmetics, insecticides, fungicides and rodenticides or cleaning agents exempted under ORS 468B.135.
(2) “Commercial premises” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, commercial or charitable activity, including but not limited to laundries, hotels, motels and food or restaurant establishments.
(3) “Person” means any individual, firm, partnership or corporation.
(4) “Phosphorus” means elemental phosphorus. [1991 c.764 §3]
468B.125 Policy to reduce phosphorous pollution. (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 treated waste water released to the surface waters of the state.
(c) When phosphorous loading becomes a serious pollution problem, federal and state water quality standards may require advanced waste water treatment facilities at public expense, in addition to primary and secondary treatment facilities.
(2) Therefore, the Legislative Assembly declares that it is a policy of this state to reduce phosphorous pollution at its source to maintain existing water quality and to enhance cost-effective waste water treatment where phosphorous pollution becomes a serious pollution problem. [1991 c.764 §2]
468B.130 Prohibition on sale or distribution of cleaning agents containing phosphorus; rules. (1) Except as provided in subsection (2) of this section, no person may 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 dishwashers may be sold, offered for sale or distributed in Oregon if the cleaning agent contains 8.7 percent or less phosphorus by weight.
(3) All cleaning agents that are sold in this state shall be labeled with the percent of phosphorus by weight, including equivalency in grams of phosphorus per recommended use level.
(4) The Environmental Quality Commission shall adopt rules governing the labeling requirements imposed by subsection (3) of this section. [1991 c.764 §4; 2003 c.14 §303]
468B.135 Exemptions. 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 hospitals, veterinary hospitals or clinics or health care facilities;
(4) Used in agricultural production and the production of electronic components;
(5) Used in a commercial laundry for laundry services provided to a hospital, veterinary hospital or clinic or health care facility;
(6) Used by industry for metal cleaning or conditioning;
(7) Manufactured, stored or distributed for use or sale outside Oregon;
(8) Used in any laboratory, including a biological laboratory, research facility, chemical, electronic or engineering laboratory;
(9) Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, stoves, tubs or other food preparation surfaces and plumbing fixtures;
(10) Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended for use in closed systems, including but not limited to boilers, air conditioners, cooling towers or hot water systems; and
(11) For which the Department of Environmental Quality determines that the prohibition under ORS 468B.130 (1) and (2) will either:
(a) Create a significant hardship on the user; or
(b) Be unreasonable because of the lack of an adequate substitute cleaning agent. [1991 c.764 §5]
(Ground Water)
468B.150 Definitions for ORS 468B.150 to 468B.190. As used in ORS 448.268, 448.271 and 468B.150 to 468B.190:
(1) “Area of ground water concern” means an area of the state subject to a declaration by the Department of Environmental Quality under ORS 468B.175 or the Department of Human Services under ORS 448.268.
(2) “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 concentration.
(3) “Ground water management area” means an area in which contaminants in the ground water have exceeded the levels established under ORS 468B.165, and the affected area is subject to a declaration under ORS 468B.180.
(4) “Fertilizer” has the meaning given that term in ORS 633.311.
(5) “Pesticide” has the meaning given that term in ORS 634.006. [Formerly 468.691; 1995 c.690 §7; 2001 c.914 §24]
Note: 468B.150 to 468B.188 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
468B.155 State goal to prevent ground water contamination. 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 present and future uses. [Formerly 468.692]
Note: See note under 468B.150.
468B.160 Ground water management and use policy. 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) Public education programs and research and demonstration projects shall be established in order to increase the awareness of the citizens of this state of the vulnerability of ground water to contamination and ways to protect this important resource.
(2) All state agencies’ rules and programs affecting ground water shall be consistent with the overall intent of the goal set forth in ORS 468B.155.
(3) Statewide programs to identify and characterize ground water quality shall be conducted.
(4) Programs to prevent ground water quality degradation through the use of the best practicable management practices shall be established.
(5) Ground water contamination levels shall be used to trigger specific governmental actions designed to prevent those levels from being exceeded or to restore ground water quality to at least those levels.
(6) All ground water of the state shall be protected for both existing and future beneficial uses so that the state may continue to provide for whatever beneficial uses the natural water quality allows. [Formerly 468.693]
Note: See note under 468B.150.
468B.162 Coordination of ground water activities. (1) The Department of Environmental Quality shall coordinate the following:
(a) Interagency management of ground water as necessary to achieve the goal set forth in ORS 468B.155.
(b) The regulatory activities of any affected state agency responding to the declaration of a ground water management area under ORS 468B.180. As used in this subsection “affected state agency” means any agency having management responsibility for, or regulatory control over the ground water resource of this state or any substance that may contaminate the ground water resource of this state.
(2) The Department of Environmental Quality shall provide staff for project oversight and for those activities authorized under ORS 468B.165 to 468B.188, including scheduling meetings, providing public notice of meetings and other group activities and keeping records of group activities.
(3) In addition to its duties under subsection (1) of this section, the department shall, on or before January 1 of each odd-numbered year, prepare a report to the Legislative Assembly. The report shall include the status of ground water in Oregon, efforts made in the immediately preceding year to protect, conserve and restore Oregon’s ground water resources and grants awarded under ORS 468B.169. [Formerly 536.108; 1999 c.1074 §4]
Note: See note under 468B.150.
468B.164 Encouragement of federal actions. 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.
468B.165 Ground water contaminants; maximum levels; rules. (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 commission shall adopt the final rules not later than 180 days after the commission provides notice under ORS 183.335.
(2) The adoption or failure to adopt a rule establishing a maximum measurable level for a contaminant under subsection (1) of this section shall not alone be construed to require the imposition of restrictions on the use of fertilizers under ORS 633.311 to 633.479 and 633.994 or the use of pesticides under ORS chapter 634. [Formerly 468.694; 2001 c.914 §25]
Note: See note under 468B.150.
468B.166 Technical advisory committee; duties; membership. (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 advisory committee shall recommend criteria and a method for the development of standards that are protective of public health and the environment. If a federal standard exists, the method shall provide that the Environmental Quality Commission shall first consider the federal standard, and if the Environmental Quality Commission does not adopt the federal standard, the method shall require the Environmental Quality Commission to give a scientifically valid reason for not concurring with the federal standard. As used in this subsection, “federal standard” means a maximum contaminant level, a national primary drinking water regulation or an interim drinking water regulation adopted by the Administrator of the U.S. Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, as amended, 42 U.S.C. 300g-1.
(2) The technical advisory committee appointed under subsection (1) of this section shall be comprised of:
(a) A toxicologist;
(b) A health professional;
(c) A water purveyor;
(d) A biologist; and
(e) Technically capable members of the public representing the following groups:
(A) Citizens;
(B) Local governments;
(C) Environmental organizations;
(D) Industrial organizations; and
(E) Agricultural organizations.
(3) The technical advisory committee may appoint individuals or committees to assist in development of the criteria and maximum measurable levels of contaminants in ground water. An individual or committee appointed by the committee under this subsection shall serve in an advisory capacity only. [Formerly 536.137]
Note: See note under 468B.150.
468B.167 Ground water resource protection strategy; advisory committees. (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 and residential use of fertilizers and pesticides;
(C) Residential and sewage treatment activities; and
(D) Any other activity that may result in contaminants entering the ground water.
(b) Provide educational and informational materials to promote public awareness and involvement in the protection, conservation and restoration of Oregon’s ground water resource. Public information materials shall be designed to inform the general public about the nature and extent of ground water contamination, alternatives to practices that contaminate ground water and the effects of human activities on ground water quality. In addition, educational programs shall be designed for specific segments of the population that may have specific impacts on the ground water resource.
(c) Coordinate the development of local ground water protection programs, including but not limited to local well head protection programs.
(d) Award grants for the implementation of projects approved under the criteria established under ORS 468B.171.
(e) Develop and maintain a centralized repository for information about ground water, including but not limited to:
(A) Hydrogeologic characterizations;
(B) Results of local and statewide monitoring or testing of ground water;
(C) Data obtained from ground water quality protection research or development projects; and
(D) Alternative residential, industrial and agricultural practices that are considered best practicable management practices for ground water quality protection.
(f) Identify research or information about ground water that needs to be conducted or made available.
(g) Cooperate with appropriate federal entities to identify the needs and interests of the State of Oregon so that federal plans and project schedules relating to the protection of the ground water resource incorporate the state’s intent to the fullest extent practicable.
(h) Aid in the development of voluntary programs to reduce the quantity of hazardous or toxic waste generated in order to reduce the risk of ground water contamination from hazardous or toxic waste.
(2) To aid and advise the department in the performance of its functions, the department may establish such advisory and technical committees as the department considers necessary. These committees may be continuing or temporary. The department shall determine the representation, membership, terms and organization of the committees and shall appoint their members. [Formerly 536.125]
Note: See note under 468B.150.
468B.169 Requests for funding, advice or assistance for ground water projects. (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 related to ground water quality as it relates to Oregon’s ground water resource.
(2) The request under subsection (1) of this section shall be filed in the manner, be in the form and contain the information required by the department. The requester may submit the request either to the department or to a ground water management committee organized under ORS 468B.179 OR 468B.182.
(3) The department shall approve only those requests that meet the criteria established by the department under ORS 468B.171. [Formerly 536.129]
Note: See note under 468B.150.
468B.170 [Formerly 468.695; repealed by 1995 c.690 §§25,26]
468B.171 Awarding grants; purpose. (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 management area.
(2) The department may award grants for the following purposes:
(a) Research in areas related to ground water including but not limited to hydrogeology, ground water quality, alternative residential, industrial and agricultural practices;
(b) Demonstration projects related to ground water including but not limited to hydrogeology, ground water quality, alternative residential, industrial and agricultural practices;
(c) Educational programs that help attain the goal set forth in ORS 468B.155; and
(d) Incentives to persons who implement innovative alternative practices that demonstrate increased protection of the ground water resource of Oregon.
(3) Funding priority shall be given to proposals that show promise of preventing or reducing ground water contamination caused by nonpoint source activities.
(4) In awarding grants for research under subsection (2) of this section, the department shall specify that not more than 10 percent of the grant may be used to pay indirect costs. The exact amount of a grant that may be used by an institution for such costs may be determined by the department.
(5) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt by rule guidelines and criteria for awarding grants under this section. [Formerly 536.133]
Note: See note under 468B.150.
468B.175 Declaration of area of ground water concern. (1) If, as a result of its statewide monitoring and assessment activities under ORS 468B.190, the Department of Environmental Quality confirms the presence in ground water of contaminants suspected to be the result, at least in part, of nonpoint source activities, the department shall declare an area of ground water concern. The declaration shall identify the substances confirmed to be in the ground water and all ground water aquifers that may be affected.
(2) Before declaring an area of ground water concern, the agency making the declaration shall have a laboratory confirm the results that would cause the agency to make the declaration. [Formerly 468.696]
Note: See note under 468B.150.
468B.177 Actions of department after declaration of area of ground water concern. After a declaration of an area of ground water concern, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall:
(1) Within 90 days, appoint a ground water management committee in the geographic area overlying the ground water aquifer;
(2) Focus research and public education activities on the area of ground water concern;
(3) Provide for necessary monitoring in the area of ground water concern;
(4) Assist the ground water management committee in developing, in a timely manner, a draft and final local action plan for addressing the issues raised by the declaration of an area of ground water concern; and
(5) If not developed by the ground water management committee, develop a draft and final local action plan. [Formerly 536.141]
Note: See note under 468B.150.
468B.179 Ground water management committee; appointment; duties. (1) Upon the request of a local government, or as required under ORS 468B.177 or 468B.182, the Department of Environmental Quality, in consultation with other appropriate state agencies, shall appoint a ground water management committee. The ground water management committee shall be composed of at least seven members representing a balance of interests in the area affected by the declaration.
(2) After a declaration of an area of ground water concern, the ground water management committee shall develop and promote a local action plan for the area of ground water concern. The local action plan shall include but need not be limited to:
(a) Identification of local residential, industrial and agricultural practices that may be contributing to a deterioration of ground water quality in the area;
(b) An evaluation of the threat to ground water from the potential nonpoint sources identified;
(c) Evaluation and recommendations of alternative practices;
(d) Recommendations regarding demonstration projects needed in the area;
(e) Recommendations of public education and research specific to that area that would assist in addressing the issues related to the area of ground water concern; and
(f) Methods of implementing best practicable management practices to improve ground water quality in the area.
(3) The availability of the draft local action plan and announcement of a 30-day public comment period shall be publicized in a newspaper of general circulation in the area designated as an area of ground water concern. Suggestions provided to the ground water management committee during the public comment period shall be considered by the ground water management committee in determining the final action plan.
(4) The ground water management committee may request the department to arrange for technical advice and assistance from appropriate state agencies and higher education institutions.
(5) A ground water management committee preparing or carrying out an action plan in an area of ground water concern or in a ground water management area may apply for a grant under ORS 468B.169 for limited funding for staff or for expenses of the ground water management committee. [Formerly 536.145]
Note: See note under 468B.150.
468B.180 Declaration of ground water management area; standards. (1) The Department of Environmental Quality shall declare a ground water management area if, as a result of information provided to the department or from its statewide monitoring and assessment activities under ORS 468B.190, the department confirms that, as a result of suspected nonpoint source activities, there is present in the ground water:
(a) Nitrate contaminants at levels greater than 70 percent of the levels established pursuant to ORS 468B.165; or
(b) Any other contaminants at levels greater than 50 percent of the levels established pursuant to ORS 468B.165.
(2) A declaration under subsection (1) of this section shall identify the substances detected in the ground water and all ground water aquifers that may be affected.
(3) Before declaring a ground water management area under subsections (1) and (2) of this section, the agency shall have a second laboratory confirm the results that cause the agency to make the declaration. [Formerly 468.698]
Note: See note under 468B.150.
468B.182 Alternative appointment of ground water management committee. After the declaration of a ground water management area, the Department of Environmental Quality, in consultation with other appropriate state agencies, 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.177. If the affected area had previously been designated an area of ground water concern, the same ground water management committee appointed under ORS 468B.177 shall continue to address the ground water issues raised as a result of the declaration of a ground water management area. [Formerly 536.153]
Note: See note under 468B.150.
468B.183 Duties of ground water management committee after declaration of ground water management area. After the declaration of a ground water management area, a ground water management committee created under ORS 468B.179 shall:
(1) Evaluate those portions of the local action plan, if any, that achieved a reduction in contaminant level;
(2) Advise the state agencies developing an action plan under ORS 468B.184 to 468B.187 regarding local elements of the plan; and
(3) Analyze the local action plan, if any, developed pursuant to ORS 468B.179 to determine why the plan failed to improve or prevent further deterioration of the ground water in the ground water management area designated in the declaration. [Formerly 536.149]
Note: See note under 468B.150.
468B.184 Designation of lead agency for development of action plan; contents of action plan. (1) After a ground water management area is declared, the Department of Environmental Quality shall designate a lead agency responsible for developing an action plan and request other agencies to assume appropriate responsibilities for preparation of a draft action plan within 90 days after the declaration. The agencies shall develop an action plan to reduce existing contamination and to prevent further contamination of the affected ground water aquifer. The action plan shall include, but need not be limited to:
(a) Identification of practices that may be contributing to the contamination of ground water in the area;
(b) Consideration of all reasonable alternatives for reducing the contamination of the ground water to a level below that level requiring the declaration of a ground water management area;
(c) Recommendations of mandatory actions that, when implemented, will reduce the contamination to a level below that level requiring the declaration of ground water management area;
(d) A proposed time schedule for:
(A) Implementing the lead agency’s recommendations;
(B) Achieving estimated reductions in concentrations of the ground water contaminants; and
(C) Public review of the action plan;
(e) Any applicable provisions of a local action plan developed for the area under a declaration of an area of ground water concern; and
(f) Required amendments of affected city or county comprehensive plans and land use regulations in accordance with the schedule and requirements of periodic review set forth in ORS chapter 197 to address the identified ground water protection and management concerns.
(2) If a ground water management area is located on agricultural lands or in an area designated as an exclusive farm use zone under ORS 215.203, the State Department of Agriculture shall be responsible for developing the portion of the action plan that addresses farming practices as defined in ORS 30.930. [Formerly 536.157]
Note: See note under 468B.150.
468B.185 [Formerly 468.699; 1995 c.690 §8; renumbered 468B.190 in 1995]
468B.186 Comment on plan; final plan. (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. A notice of the comment period shall be published in two issues of one or more newspapers having general circulation in the counties in which the designated area of the ground water emergency is located, and in two issues of one or more newspapers having general circulation in the state.
(2) Within 60 days after the close of the public comment period, the lead agency shall complete a final action plan. All suggestions and information provided to the lead agency during the public comment period shall be considered by the lead agency and when appropriate shall be acknowledged in the final action plan. [Formerly 536.161]
Note: See note under 468B.150.
468B.187 Acceptance or rejection of action plan; rules. (1) The Department of Environmental Quality shall, within 30 days after completion of the final action plan, accept the final action plan or remand the plan to the lead agency for revision in accordance with recommendations of the department and other agencies participating in development of the plan. If the plan is remanded for revision, the lead agency shall return the revised final action plan to the department within 30 days.
(2) Within 120 days after the department accepts the final action plan, each agency of the group that is responsible for implementing all or part of the plan shall adopt rules necessary to carry out the agency’s duties under the action plan. If two or more agencies are required to initiate rulemaking proceedings under this section, the agencies shall consult with one another to coordinate the rules. The agencies may consolidate the rulemaking proceedings. [Formerly 536.165]
Note: See note under 468B.150.
468B.188 Repeal of declaration of ground water management area. (1) If, after implementation of the action plan developed by affected agencies under ORS 468B.184 to 468B.187, the ground water improves so that the levels of contaminants no longer exceed the levels established under ORS 468B.180, the Department of Environmental Quality shall determine whether to repeal the ground water management area declaration and to establish an area of ground water concern.
(2) Before the declaration of a ground water management area is repealed under subsection (1) of this section, the Department of Environmental Quality must find that, according to the best information available, a new or revised local action plan exists that will continue to improve the ground water in the area and that the Department of Environmental Quality finds can be implemented at the local level without the necessity of state enforcement authority.
(3) Before the Department of Environmental Quality terminates any mandatory controls imposed under the action plan created under ORS 468B.184 to 468B.187, the ground water management committee must produce a local action plan that includes provisions necessary to improve ground water in the area and that the department finds can be implemented at the local level without the necessity of state enforcement authority. [Formerly 536.169]
Note: See note under 468B.150.
468B.190 Ground water monitoring and assessment. (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 state. The program shall be designed to identify:
(a) Areas of the state that are especially vulnerable to ground water contamination;
(b) Long-term trends in ground water quality;
(c) Ambient quality of the ground water resource of Oregon; and
(d) Any emerging ground water quality problems.
(2) The Oregon State University Agricultural Experiment Station shall forward copies of all information acquired from the statewide monitoring and assessment program conducted under this section to the Department of Environmental Quality for inclusion in the central repository of information about Oregon’s ground water resource established pursuant to ORS 468B.167. [Formerly 468B.185]
ANIMAL WASTE CONTROL
468B.200 Legislative findings. 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]
468B.203 Applicability of 468B.200 to 468B.230. 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 Federal Water Pollution Control Act, P.L. 92-500, as amended. [2001 c.248 §6]
468B.205 Confined animal feeding operation; definition. (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 feeding operations, including but not limited to those animal feeding operations that are subject to regulation under 33 U.S.C. 1342.
(2) A rule implementing ORS 468B.200 to 468B.230 may not be adopted using the procedures provided in ORS 183.337 for agency adoption of federal rules. [Formerly 468.687; 2001 c.248 §7]
468B.210 Maximum number of animals per facility; determination. (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 capacity of the particular confined animal feeding operation to contain, treat, hold and dispose of wastes as necessary to comply with all conditions of the permit.
(3) Any confined animal feeding operation that exceeds by more than 10 percent or 25 animals, whichever is greater, the maximum number of animals specified in its permit shall be considered in violation of the permit and the owner or operator shall be subject to enforcement action under ORS 468.140 or 468.943. [Formerly 468.688; 1993 c.422 §33]
468B.215 Fees; permit conditions; review. (1) Any person operating a confined animal feeding operation shall pay a fee established under ORS 561.175.
(2) Except for an animal feeding operation subject to regulation under 33 U.S.C. 1342, a fee shall not be assessed to nor a permit required under ORS 468B.050 (1)(d) of confined animal feeding operations of four months or less duration or that do not have waste water control facilities. A confined animal feeding operation of four months or less duration or that does not have waste water control facilities is subject to all requirements of ORS chapters 468, 468A and 468B if found to be discharging wastes into the waters of the state.
(3) The Department of Environmental Quality or the State Department of Agriculture may impose on the permit required for a confined animal feeding operation only those conditions necessary to ensure that wastes are disposed of in a manner that does not cause pollution of the surface and ground waters of the state.
(4) A permit for a confined animal feeding operation may be revoked or modified by the Department of Environmental Quality or the State Department of Agriculture or may be terminated upon request by the permit holder. An animal feeding operation may be inspected for compliance with water quality laws and regulations by the Department of Environmental Quality or the State Department of Agriculture. [Formerly 468.689; 2001 c.248 §8]
468B.217 Memorandum of understanding with Department of Agriculture. (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 operation.
(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:
(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the control and prevention of water pollution from a confined animal feeding operation.
(b) May enter onto and inspect, at any reasonable time, a confined animal feeding operation or appurtenant land for the purpose of investigating a source of water pollution or to ascertain compliance with a statute, rule, standard or permit condition relating to the control or prevention of water pollution from the operation. The State Department of Agriculture shall have access to a pertinent record of a confined animal feeding operation including but not limited to a blueprint, design drawing and specification, maintenance record or log, or an operating rule, procedure or plan. [1993 c.567 §2; 2003 c.14 §304]
468B.220 Civil penalty for violation of permit requirement. 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. [Formerly 468.690]
468B.222 [1995 s.s. c.3 §37a; repealed by 1996 c.5 §3 (468B.223 enacted in lieu of 468B.222)]
468B.223 [1996 c.5 §4 (enacted in lieu of 468B.222); repealed by 2001 c.248 §14]
468B.224 [1995 s.s. c.3 §37b; repealed by 1996 c.5 §5 (468B.225 enacted in lieu of 468B.224)]
468B.225 Prerequisite for investigation; written complaint; security deposit. (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 record of the complaint; and
(b) Determine which provision of ORS chapter 468 or 468B, which rule adopted under ORS chapter 468 or 468B or which permit issued under ORS chapter 468 or 468B the operator of the animal feeding operation may have violated.
(2) If, upon investigation under ORS 468B.217 on the basis of a complaint received under subsection (1) of this section, the State Department of Agriculture determines that an animal feeding operation has not violated a provision of ORS chapter 468 or 468B, a rule adopted under ORS chapter 468 or 468B or the conditions of a permit issued under ORS chapter 468 or 468B, and the department has reason to believe that the complaint was groundless and made for the purpose of harassing the operator, the department may refuse to consider future complaints made by the person. [1996 c.5 §6 (enacted in lieu of 468B.224); 2001 c.248 §9]
468B.226 [1995 s.s. c.3 §37c; repealed by 1996 c.5 §7 (468B.227 enacted in lieu of 468B.226)]
468B.227 [1996 c.5 §8 (enacted in lieu of 468B.226); repealed by 2001 c.248 §14]
468B.230 Department of Agriculture civil penalty authority. (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, or a permit issued under ORS chapter 468 or 468B, relating to the control and prevention of water pollution from a confined animal feeding operation. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the State Department of Agriculture finds that a different period of time is more appropriate to describe a specific violation event.
(2) Except for an animal feeding operation subject to regulation under 33 U.S.C. 1342, the State Department of Agriculture may not impose a civil penalty under subsection (1) of this section for a first violation by an owner or operator of a confined animal feeding operation:
(a) That is more than $2,500; and
(b) Unless the State Department of Agriculture notifies the violator that the violation must be eliminated no later than 30 business days from the date the violator receives the notice. If the violation requires more than 30 days to correct, the State Department of Agriculture may allow such time as is necessary to correct the violation. In all cases, the legal owner of the property shall also be notified, prior to the assessment of any civil penalty.
(3) The State Department of Agriculture may not impose a civil penalty under subsection (1) of this section that exceeds $10,000 for a subsequent violation.
(4) In imposing a civil penalty under this section, the State Department of Agriculture may consider:
(a) The past history of the owner or operator in taking all feasible steps or procedures necessary and appropriate to correct a violation.
(b) A past violation of a rule or statute relating to a water quality plan.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was a sole event, repeated or continuous.
(e) Whether the cause of the violation was as a result of an unavoidable accident, negligence or an intentional act.
(f) Whether the owner or operator cooperated in an effort to correct the violation.
(g) The extent to which the violation threatens the public health and safety.
(5) No notice of violation or period for compliance shall be required under subsection (2) of this section if:
(a) The violation is intentional; or
(b) The owner or operator has received a previous notice of the same or similar violation.
(6) A civil penalty collected by the State Department of Agriculture under this section shall be deposited into a special subaccount in the Department of Agriculture Service Fund. Moneys in the subaccount are continuously appropriated to the department to be used for educational programs on animal waste management and to carry out animal waste management demonstration or research projects.
(7) Any civil penalty imposed under this section shall be reduced by the amount of any civil penalty imposed by the Environmental Quality Commission, the Department of Environmental Quality or the United States Environmental Protection Agency, if the latter penalties are imposed on the same person and are based on the same violation. [1993 c.567 §3; 2001 c.248 §10]
OIL OR HAZARDOUS MATERIAL SPILLAGE
(Generally)
468B.300 Definitions for ORS 468B.300 to 468B.500. 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 ship in commerce, other than a tank vessel, of 300 gross tons or more. “Cargo vessel” does not include a vessel used solely for commercial fish harvesting.
(3) “Commercial fish harvesting” means taking food fish with any gear unlawful for angling under ORS 506.006, or taking food fish in excess of the limits permitted for personal use, or taking food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels.
(4) “Contingency plan” means an oil spill prevention and emergency response plan required under ORS 468B.345.
(5) “Covered vessel” means a tank vessel, cargo vessel, passenger vessel or dredge vessel.
(6) “Damages” includes damages, costs, losses, penalties or attorney fees of any kind for which liability may exist under the laws of this state resulting from, arising out of or related to the discharge or threatened discharge of oil.
(7) “Discharge” means any emission other than natural seepage of oil, whether intentional or unintentional. “Discharge” includes but is not limited to spilling, leaking, pumping, pouring, emitting, emptying or dumping oil.
(8) “Dredge vessel” means a self-propelled vessel of 300 or more gross tons that is equipped for regularly engaging in dredging of submerged and submersible lands.
(9) “Exploration facility” means a platform, vessel or other offshore facility used to explore for oil in the navigable waters of the state. “Exploration facility” does not include platforms or vessels used for stratigraphic drilling or other operations that are not authorized or intended to drill to a producing formation.
(10) “Facility” means a pipeline or any structure, group of structures, equipment or device, other than a vessel located on or near navigable waters of a state, that is used for producing, storing, handling, transferring, processing or transporting oil in bulk and that is capable of storing or transporting 10,000 or more gallons of oil. “Facility” does not include:
(a) A railroad car, motor vehicle or other rolling stock while transporting oil over the highways or rail lines of this state;
(b) An underground storage tank regulated by the Department of Environmental Quality or a local government under ORS 466.706 to 466.882 and 466.994; or
(c) Any structure, group of structures, equipment or device, other than a vessel located on or near navigable waters of a state, that is used for producing, storing, handling, transferring, processing or transporting oil in bulk and that is capable of storing or transporting 10,000 or more gallons of oil but does not receive oil from tank vessels, barges or pipelines.
(11) “Federal on-scene coordinator” means the federal official predesignated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses or the official designated by the lead agency to coordinate and direct removal under the National Contingency Plan.
(12) “Hazardous material” has the meaning given that term in ORS 466.605.
(13) “Maritime association” means an association or cooperative of marine terminals, facilities, vessel owners, vessel operators, vessel agents or other maritime industry groups, that provides oil spill response planning and spill related communications services within the state.
(14) “Maximum probable spill” means the maximum probable spill for a vessel operating in the navigable waters of the state considering the history of spills of vessels of the same class operating on the west coast of the United States.
(15) “Navigable waters” means the Columbia River, the Willamette Riverup to Willamette Falls, the Pacific Ocean and estuaries to the head of tidewater. (continued)