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State
Oregon
ORS 468.005 et seq ENVIRONMENTAL QUALITY GENERALLY

ENVIRONMENTAL QUALITY GENERALLY

PUBLIC HEALTH AND SAFETY



GENERAL ADMINISTRATION



468.005 Definitions



468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses



468.015 Functions of commission



468.020 Rules and standards



468.030 Department of Environmental Quality



468.035 Functions of department



468.040 Director; salary



468.045 Functions of director; delegation



468.050 Deputy director



468.055 Contracts with Department of Human Services



468.060 Enforcement of rules by health agencies



468.065 Issuance of permits; content; fees; use



468.067 Organizational standing to seek judicial review of final order in Title V permit proceeding



468.070 Denial, modification, suspension or revocation of permits



468.073 Expedited or enhanced regulatory process; payment; disposition of payments



468.075 Revolving fund; uses



UNIFORM TRANSBOUNDARY POLLUTION RECIPROCAL ACCESS ACT



468.076 Definitions for ORS 468.076 to 468.089



468.078 Action for pollution originating in Oregon



468.079 Action for pollution originating in reciprocating jurisdiction



468.080 Applicability of Oregon law



468.081 Rights of injured person



468.083 Right conferred under ORS 468.076 to 468.087 in addition to other rights



468.085 Sovereign immunity defense



468.087 Application and construction of ORS 468.076 to 468.087



468.089 Short title



ENFORCEMENT



468.090 Complaint procedure



468.095 Investigatory authority; entry on premises; status of records



468.100 Enforcement procedures; powers of regional authorities; status of procedures



468.110 Appeal; power of court to stay enforcement



468.115 Enforcement in cases of emergency



468.120 Public hearings; subpoenas, oaths, depositions



468.126 Advance notice



468.130 Schedule of civil penalties; factors to be considered in imposing civil penalties



468.135 Imposition of civil penalties



468.140 Civil penalties for specified violations



POLLUTION CONTROL FACILITIES TAX CREDIT



468.150 Field sanitation and straw utilization and disposal methods as “pollution control facilities”



468.153 Legislative findings and declarations



468.155 Definitions for ORS 468.155 to 468.190



468.160 Policy



468.163 Commencement of construction or installation of facility



468.165 Application for certification of pollution control facilities; fees



468.167 Application for precertification



468.170 Action on application; rejection; appeal; issuance of certificate; certification



468.172 “Environmental management system” defined



468.173 Applicable percentage of certified cost of facility eligible for tax credit



468.180 Conditions for issuance of certificate under ORS 468.170



468.183 Revocation of certification for loss of Green Permit



468.185 Procedure to revoke certification; reinstatement



468.190 Allocation of costs to pollution control



STATE POLLUTION CONTROL BONDS



468.195 Issuance of bonds authorized; principal amount



468.215 Pollution Control Fund



468.220 Department to administer fund; uses; legislative approval of grants; administrative assessment



468.225 Investment of gross proceeds of agency bonds or other obligations



468.230 Pollution Control Sinking Fund; use; limitation



468.240 Remedy where default occurs on payment to state



468.245 Acceptance of federal funds



468.250 Participation in matching fund programs with federal government



468.253 Authority of director to act to benefit fund



468.255 Limit on grants and loans



468.260 Return of unexpended funds to state required; use of returned funds



COUNTY POLLUTION CONTROL FACILITIES



468.263 Definitions for ORS 468.263 to 468.272



468.264 Policy



468.265 Powers of county over pollution control facilities; limitations



468.266 Issuance of bonds



468.267 Security for bonds



468.268 Enforcement of bond obligation



468.269 Trustees; powers



468.270 Tax status of leasehold interest in facilities



468.271 Effect on procedure of awarding contracts; construction



468.272 Application of other laws relating to bonds



FINANCING TREATMENT WORKS



468.423 Definitions for ORS 468.423 to 468.440



468.425 Policy



468.427 Water Pollution Control Revolving Fund; sources



468.428 Lottery bonds



468.429 Uses of revolving fund



468.431 Water Pollution Control Administration Fund; sources; uses



468.433 Duties of department; public agency loan program



468.437 Loan applications; eligibility; waiver; default remedy



468.439 Borrowing authority of public agency



468.440 Loan terms and interest rates; considerations; rules



RECLAIMED PLASTIC PRODUCT TAX CREDIT



468.451 Definitions for ORS 468.451 to 468.491



468.456 Policy



468.461 Application for certification of investment to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product; fee



468.466 Action on application; rejection; appeal; certification of investment



468.471 Preliminary certification of investment



468.476 Final certification



468.481 Revocation of certificate; consequences



468.486 Allocation of costs to collect, transport or process reclaimed plastic or manufacture reclaimed plastic product



468.491 Limit on costs certified by commission for tax credit



GREEN PERMITS



468.501 Definitions for ORS 468.501 to 468.521



468.503 Purpose of Green Permits



468.506 Commission rulemaking to carry out Green Permit program



468.508 Eligibility for Green Permit



468.511 Environmental laws not applicable to facility operating under Green Permit



468.513 Judicial review of agency decision on issuance of Green Permit



468.516 Termination of Green Permit



468.518 Application for permit or approval affected by termination of Green Permit



468.521 Recovery of costs of agency in developing, negotiating and publicizing Green Permit; disposition of moneys collected



WILLAMETTE RIVER CLEANUP AUTHORITY



468.531 Legislative findings



468.533 Willamette River Cleanup Authority; purposes; membership; powers



ENVIRONMENTAL CRIMES



468.920 Definitions for ORS 468.922 to 468.956



468.922 Unlawful disposal, storage or treatment of hazardous waste in the second degree



468.926 Unlawful disposal, storage or treatment of hazardous waste in the first degree



468.929 Unlawful transport of hazardous waste in the second degree



468.931 Unlawful transport of hazardous waste in the first degree



468.933 Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931



468.936 Unlawful air pollution in the second degree



468.939 Unlawful air pollution in the first degree



468.941 Determination of number of punishable offenses under ORS 468.936 or 468.939



468.943 Unlawful water pollution in the second degree



468.946 Unlawful water pollution in the first degree



468.949 Determination of number of punishable offenses under ORS 468.943 or 468.946



468.951 Environmental endangerment



468.953 Supplying false information to agency



468.956 Refusal to produce material subpoenaed by commission



468.959 Upset or bypass as affirmative defense



468.961 Approval of Attorney General or district attorney before bringing felony charge; guidelines for bringing felony charge; model guidelines



468.962 Notice to Department of Revenue of environmental felony



468.963 Environmental audit privilege; exceptions; burden of proving privilege; waiver; disclosure after in camera review



CIVIL PENALTIES



468.996 Civil penalty for intentional or reckless violation



468.997 Joinder of certain offenses



GENERAL ADMINISTRATION



468.005 Definitions. As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless the context requires otherwise:

(1) “Commission” means the Environmental Quality Commission.

(2) “Department” means the Department of Environmental Quality.

(3) “Director” means the Director of the Department of Environmental Quality.

(4) “Order” has the same meaning as given in ORS 183.310.

(5) “Person” includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

(6) “Rule” has the same meaning as given in ORS 183.310.

(7) “Standard” or “standards” means such measure of quality or purity for air or for any waters in relation to their reasonable or necessary use as may be established by the commission pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. [Formerly 449.001]



468.010 Environmental Quality Commission; appointment; confirmation; term; compensation and expenses. (1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565.

(2) The term of office of a member shall be four years, but the members of the commission may be removed by the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties of the member on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 449.016]



468.015 Functions of commission. It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. In addition, the commission shall perform any other duty vested in it by law. [1973 c.835 §4]



468.020 Rules and standards. (1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission.

(2) Except as provided in ORS 183.335 (5), the commission shall cause a public hearing to be held on any proposed rule or standard prior to its adoption. The hearing may be before the commission, any designated member thereof or any person designated by and acting for the commission. [Formerly 449.173; 1977 c.38 §1]



468.030 Department of Environmental Quality. There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Environmental Quality and all personnel employed in the department. [Formerly 449.032]



468.035 Functions of department. (1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality:

(a) Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the quality and purity of the air and the waters of the state in accordance with rules and standards established by the commission.

(b) May conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state and to the treatment and disposal of wastes.

(c) Shall advise, consult, and cooperate with other agencies of the state, political subdivisions, other states or the federal government, in respect to any proceedings and all matters pertaining to control of air or water pollution or for the formation and submission to the legislature of interstate pollution control compacts or agreements.

(d) May employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary to carry out the purposes set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(e) Shall conduct and supervise programs of air and water pollution control education, including the preparation and distribution of information regarding air and water pollution sources and control.

(f) Shall provide advisory technical consultation and services to units of local government and to state agencies.

(g) Shall develop and conduct demonstration programs in cooperation with units of local government.

(h) Shall serve as the agency of the state for receipt of moneys from the federal government or other public or private agencies for the purposes of air and water pollution control, studies or research and to expend moneys after appropriation thereof for the purposes given.

(i) Shall make such determination of priority of air or water pollution control projects as may be necessary under terms of statutes enacted by the Congress of the United States.

(j) Shall seek enforcement of the air and water pollution laws of the state.

(k) Shall institute or cause to be instituted in a court of competent jurisdiction, proceedings to compel compliance with any rule or standard adopted or any order or permit, or condition thereof, issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(L) Shall encourage the formulation and execution of plans in conjunction with air and water pollution control agencies or with associations of counties, cities, industries and other persons who severally or jointly are or may be the source of air or water pollution, for the prevention and abatement of pollution.

(m) May determine, by means of field studies and sampling, the degree of air or water pollution in various regions of the state.

(n) May perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the department as set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(o) Shall coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.375 with activities of other cooperating state and federal agencies participating in the project.

(2) Nothing in this section shall affect the authority of the Department of Human Services to make and enforce rules:

(a) Regarding the quality of water for human or animal consumption pursuant to ORS 448.115 to 448.325, 624.010 to 624.120 and 624.310 to 624.430; and

(b) Regarding the quality of water for public swimming places pursuant to ORS 431.110.

(3) Nothing in this section shall prevent the State Department of Agriculture or the State Forestry Department from independently receiving moneys from a public or private agency for the purposes of preventing or controlling air or water pollution resulting from agricultural or silvicultural activities or soil erosion, or for research related to such purposes.

(4)(a) In awarding a public contract under ORS chapter 279 for a removal or remedial action pursuant to ORS 465.200 to 465.545, a corrective action or cleanup action pursuant to ORS 466.005 to 466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to ORS 468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500, the department, and the Oregon Department of Administrative Services, when administering the establishment of such a contract on behalf of the Department of Environmental Quality under ORS 279.712, shall subtract from the amount of any bid or proposal the hazardous waste management fees and solid waste fees that would be required by law to be paid to the department for waste that would be disposed of at a solid waste disposal site or a hazardous waste or PCB disposal facility, based on the bid or proposal. The amount to be subtracted shall be established on the basis of reasonable preprocurement estimates of the amount of waste that would be disposed of under the contract and that would be subject to those fees.

(b) The subtraction for fees under paragraph (a) of this subsection shall apply only to a contract reasonably anticipated to involve the disposal of no less than 50 tons of hazardous waste or no less than 500 tons of solid waste. The Legislative Assembly finds that making accurate advance estimates of amounts of waste that would be disposed of in projects of this character is technically challenging and requires the application of professional discretion. Therefore, no award of a contract under this subsection shall be subject to challenge, under ORS 279.067 or otherwise, on the ground of the inaccuracy or claimed inaccuracy of any such estimate.

(c) The subtraction for fees under paragraph (a) of this subsection shall not apply to the establishment, by or on behalf of the department, of master contracts by which the department engages the services of a contractor over a period of time for the purpose of issuing work orders for the performance of environmental activities on a project or projects for which the amounts of waste to be disposed of were not reasonably identified at the inception of the master contracts. However, the department shall require any contractor under a master contract to apply the subtraction for fees under paragraph (a) of this subsection in the selection of any subcontractor to perform the removal of waste in amounts equaling or exceeding the amounts set forth in paragraph (b) of this subsection. Nothing in this subsection shall be construed to prohibit the department or the Oregon Department of Administrative Services from establishing contracts pursuant to this section through contracting procedures authorized by ORS chapter 279 that do not require the solicitation of bids or proposals. [Formerly 449.082; 1983 c.740 §181; 1987 c.734 §11; 1995 c.536 §1; 1999 c.740 §6; 1999 c.849 §§102,103; 2001 c.495 §§17,18; 2003 c.75 §§42,43; 2003 c.407 §§25,26]



Note: The amendments to 468.035 by section 291, chapter 794, Oregon Laws 2003, become operative March 1, 2005, and apply only to public contracts first advertised, but if not advertised then entered into, on or after March 1, 2005. See sections 336 and 337, chapter 794, Oregon Laws 2003. The text that is operative on and after March 1, 2005, is set forth for the user’s convenience.

468.035. (1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality:

(a) Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the quality and purity of the air and the waters of the state in accordance with rules and standards established by the commission.

(b) May conduct and prepare, independently or in cooperation with others, studies, investigations, research and programs pertaining to the quality and purity of the air or the waters of the state and to the treatment and disposal of wastes.

(c) Shall advise, consult, and cooperate with other agencies of the state, political subdivisions, other states or the federal government, in respect to any proceedings and all matters pertaining to control of air or water pollution or for the formation and submission to the legislature of interstate pollution control compacts or agreements.

(d) May employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary to carry out the purposes set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(e) Shall conduct and supervise programs of air and water pollution control education, including the preparation and distribution of information regarding air and water pollution sources and control.

(f) Shall provide advisory technical consultation and services to units of local government and to state agencies.

(g) Shall develop and conduct demonstration programs in cooperation with units of local government.

(h) Shall serve as the agency of the state for receipt of moneys from the federal government or other public or private agencies for the purposes of air and water pollution control, studies or research and to expend moneys after appropriation thereof for the purposes given.

(i) Shall make such determination of priority of air or water pollution control projects as may be necessary under terms of statutes enacted by the Congress of the United States.

(j) Shall seek enforcement of the air and water pollution laws of the state.

(k) Shall institute or cause to be instituted in a court of competent jurisdiction, proceedings to compel compliance with any rule or standard adopted or any order or permit, or condition thereof, issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(L) Shall encourage the formulation and execution of plans in conjunction with air and water pollution control agencies or with associations of counties, cities, industries and other persons who severally or jointly are or may be the source of air or water pollution, for the prevention and abatement of pollution.

(m) May determine, by means of field studies and sampling, the degree of air or water pollution in various regions of the state.

(n) May perform such other and further acts as may be necessary, proper or desirable to carry out effectively the duties, powers and responsibilities of the department as set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(o) Shall coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.375 with activities of other cooperating state and federal agencies participating in the project.

(2) Nothing in this section shall affect the authority of the Department of Human Services to make and enforce rules:

(a) Regarding the quality of water for human or animal consumption pursuant to ORS 448.115 to 448.325, 624.010 to 624.120 and 624.310 to 624.430; and

(b) Regarding the quality of water for public swimming places pursuant to ORS 431.110.

(3) Nothing in this section shall prevent the State Department of Agriculture or the State Forestry Department from independently receiving moneys from a public or private agency for the purposes of preventing or controlling air or water pollution resulting from agricultural or silvicultural activities or soil erosion, or for research related to such purposes.

(4)(a) In awarding a public contract under ORS chapter 279, 279A, 279B or 279C for a removal or remedial action pursuant to ORS 465.200 to 465.545, a corrective action or cleanup action pursuant to ORS 466.005 to 466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to ORS 468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093, 468B.095 and 468B.300 to 468B.500, the department, and the Oregon Department of Administrative Services, when administering the establishment of such a contract on behalf of the Department of Environmental Quality under ORS 279A.050 and 279A.140, shall subtract from the amount of any bid or proposal the hazardous waste management fees and solid waste fees that would be required by law to be paid to the department for waste that would be disposed of at a solid waste disposal site or a hazardous waste or PCB disposal facility, based on the bid or proposal. The amount to be subtracted shall be established on the basis of reasonable preprocurement estimates of the amount of waste that would be disposed of under the contract and that would be subject to those fees.

(b) The subtraction for fees under paragraph (a) of this subsection shall apply only to a contract reasonably anticipated to involve the disposal of no less than 50 tons of hazardous waste or no less than 500 tons of solid waste. The Legislative Assembly finds that making accurate advance estimates of amounts of waste that would be disposed of in projects of this character is technically challenging and requires the application of professional discretion. Therefore, no award of a contract under this subsection shall be subject to challenge, under ORS 279B.410, 279B.415 or 279C.460 or otherwise, on the ground of the inaccuracy or claimed inaccuracy of any such estimate.

(c) The subtraction for fees under paragraph (a) of this subsection shall not apply to the establishment, by or on behalf of the department, of master contracts by which the department engages the services of a contractor over a period of time for the purpose of issuing work orders for the performance of environmental activities on a project or projects for which the amounts of waste to be disposed of were not reasonably identified at the inception of the master contracts. However, the department shall require any contractor under a master contract to apply the subtraction for fees under paragraph (a) of this subsection in the selection of any subcontractor to perform the removal of waste in amounts equaling or exceeding the amounts set forth in paragraph (b) of this subsection. Nothing in this subsection shall be construed to prohibit the department or the Oregon Department of Administrative Services from establishing contracts pursuant to this section through contracting procedures authorized by ORS chapters 279, 279A, 279B and 279C that do not require the solicitation of bids or proposals.



Note: Sections 27 and 28, chapter 705, Oregon Laws 2003, provide:

Sec. 27. (1) The Department of Environmental Quality shall foster and encourage wastewater reuse in urban areas as a means of conserving potable water.

(2) The Department of Environmental Quality shall work in consultation with interested parties and state agencies to examine the opportunities and barriers associated with wastewater reuse in urban areas and shall submit a report to an interim committee related to natural resources as appropriate, in the manner provided by ORS 192.245, no later than December 31, 2004. The report shall include:

(a) An inventory of regulatory mechanisms that govern wastewater issues at local, state and federal levels;

(b) A list of issues, including regulatory barriers, scientific concerns, issues of public perception and economic issues, that could restrict wastewater reuse;

(c) Readily available information on the current number, types and locations of wastewater reuse activities in urban areas;

(d) A list of existing and potential incentives for wastewater reuse; and

(e) Recommendations for legislative or other regulatory changes that may be needed to implement wastewater reuse.

(3) The Department of Environmental Quality may seek federal funding to be used for one or more wastewater reuse demonstration projects within urban areas in the Willamette River Basin that seek to illustrate the economic, environmental and other values of wastewater reuse.

(4) As used in this section, “wastewater reuse” means the recycling of treated wastewater derived from domestic sources, including municipal and individual systems, and industrial sources. [2003 c.705 §27]



Sec. 28. Section 27 of this 2003 Act is repealed on January 2, 2005. [2003 c.705 §28]



468.040 Director; salary. The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the Department of Environmental Quality shall be fixed by the commission unless otherwise provided by law. [Formerly 449.026]



468.045 Functions of director; delegation. (1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall:

(a) Be administrative head of the Department of Environmental Quality;

(b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign, and coordinate personnel of the department;

(c) Administer and enforce the laws of the state concerning environmental quality; and

(d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning environmental quality.

(2) In addition to duties otherwise required by law, the director shall prescribe regulations for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

(3) The director may delegate to any of the employees of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of any such person so acting in the director’s name and by the authority of the director shall be considered to be an official act of the director. [Formerly 449.028]



468.050 Deputy director. (1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.

(2) The deputy director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the director, and shall be reimbursed for all expenses actually and necessarily incurred by the deputy director in the performance of the official duties of the deputy director. [1973 c.291 §2]



Note: 468.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.



468.055 Contracts with Department of Human Services. In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Department of Human Services, the Director of the Department of Environmental Quality and the Director of Human Services may contract on behalf of their respective agencies for the purposes of carrying out the functions of either agency, defining areas of responsibility, furnishing services or employees by one to the other and generally providing cooperative action in the interests of public health and the quality of the environment in Oregon. Each contracting agency is directed to maintain liaison with the other and to cooperate with the other in all matters of joint concern or interest. [Formerly 449.062]



468.060 Enforcement of rules by health agencies. On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Department of Human Services or to any county, district or city board of health to enforce any rule of the commission relating to air or water pollution or solid wastes. [Formerly 449.064]



468.065 Issuance of permits; content; fees; use. Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B:

(1) Applications for all permits authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B shall be made in a form prescribed by the Department of Environmental Quality. Any permit issued by the department shall specify its duration, and the conditions for compliance with the rules and standards, if any, adopted by the Environmental Quality Commission pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.

(2) By rule and after hearing, the commission may establish a schedule of fees for permits issued pursuant to ORS 468A.040, 468A.045, 468A.155 and 468B.050. Except as provided in ORS 468A.315, the fees contained in the schedule shall be based upon the anticipated cost of filing and investigating the application, of carrying out applicable requirements of Title V, of issuing or denying the requested permit, and of an inspection program to determine compliance or noncompliance with the permit. The fee shall accompany the application for the permit. The fees for a permit issued under ORS 468A.040 or 468B.050 may be imposed on an annual basis.

(3) An applicant for certification of a project under ORS 468B.040 or 468B.045, and any person submitting a notice of intent to seek reauthorization, a preliminary application or an application for reauthorization of a water right for a hydroelectric project under ORS 543A.030, 543A.035, 543A.075, 543A.080 or 543A.095 shall pay as a fee all expenses incurred by the commission and department related to the review and decision of the Director of the Department of Environmental Quality and commission. These expenses may include legal expenses, expenses incurred in evaluating the project, issuing or denying certification and expenses of commissioning an independent study by a contractor of any aspect of the proposed project. These expenses shall not include the costs incurred in defending a decision of either the director or the commission against appeals or legal challenges. The department shall bill applicants for costs incurred on a monthly basis, and shall provide a biennial report describing how the moneys were spent. An applicant may arrange with the department to pay the fee on a quarterly basis. The department shall not charge a fee under the fee authority in this subsection if the holder is being charged a fee under ORS 543.088 and 543.090 or 543A.405. In no event shall the department assess fees under this section and under ORS 543A.405 for performance of the same work.

(4) The department may require the submission of plans, specifications and corrections and revisions thereto and such other reasonable information as it considers necessary to determine the eligibility of the applicant for the permit.

(5) The department may require periodic reports from persons who hold permits under ORS 448.305, 454.010 to 454.040, 454.205 to 454.225, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. The report shall be in a form prescribed by the department and shall contain such information as to the amount and nature or common description of the pollutant, contaminant or waste and such other information as the department may require.

(6) Any fee collected under this section or ORS 468A.315 shall be deposited in the State Treasury to the credit of an account of the department. Such fees are continuously appropriated to meet the administrative expenses of the program for which they are collected. The federal operating permit program shall include a commensurate amount of the fee for any permit issued under this section for which the department incurs costs associated with the requirements of Title V and any fees collected under ORS 468A.315. Fees collected for the federal operating permit program in any biennium that exceed the legislatively approved budget, including amounts authorized by the Emergency Board for the federal operating permit program for such biennium, shall be credited toward the federal operating permit program budget for the following biennium. The fees collected under this section or ORS 468A.315 by a regional air pollution control authority pursuant to a permit program authorized by the commission shall be retained by and shall be income to the regional authority except as provided in ORS 468A.155 (2)(c). Such fees shall be accounted for and expended in the same manner as are other funds of the regional authority. However, if the department finds after hearing that the permit program administered by the regional authority does not conform to the requirements of the permit program approved by the commission pursuant to ORS 468A.155, such fees shall be deposited and expended as are permit fees submitted to the department.

(7) As used in this section, “Title V” has the meaning given in ORS 468A.300. [Formerly 449.733; 1975 c.445 §7; 1983 c.144 §2; 1983 c.740 §182; 1989 c.199 §1; 1989 c.833 §77; 1991 c.723 §1; 1991 c.752 §15; 1993 c.790 §2; 1997 c.449 §40b; 1999 c.873 §12]



468.067 Organizational standing to seek judicial review of final order in Title V permit proceeding. (1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding described in subsection (2) of this section if:

(a) One or more members of the association or organization is adversely affected or aggrieved by the order;

(b) The interests that the association or organization seeks to protect are germane to the purpose of the association or organization; and

(c) The nature of the claim and the relief requested do not require that the members of the association or organization who are adversely affected or aggrieved by the order participate in the judicial review proceedings.

(2) Subsection (1) of this section applies to a permit proceeding pursuant to Title V of the Clean Air Act, 42 U.S.C. 7661 to 7661f, as implemented under ORS chapter 468A. [1999 c.511 §2]



468.068 [1997 c.569 §§3,4(2); renumbered 468B.047 in 1999]



468.070 Denial, modification, suspension or revocation of permits. (1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 if it finds:

(a) A material misrepresentation or false statement in the application for the permit.

(b) Failure to comply with the conditions of the permit.

(c) Violation of any applicable provisions of ORS 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) or ORS chapters 468, 468A and 468B.

(d) Violation of any applicable rule, standard or order of the Environmental Quality Commission.

(2) The department may modify any permit issued pursuant to ORS 468.065 if it finds that modification is necessary for the proper administration, implementation or enforcement of the provisions of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, 466.605 to 466.690 and ORS chapters 468, 468A and 468B.

(3) The procedure for modification, suspension, revocation or refusal to issue or renew shall be the procedure for a contested case as provided in ORS chapter 183. [1973 c.835 §14; 1979 c.184 §1; 1985 c.733 §22; 1993 c.422 §32]



468.073 Expedited or enhanced regulatory process; payment; disposition of payments. (1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or covering costs of activities not otherwise provided during the ordinary course of department business. The department may expend moneys received under the agreements for:

(a) Activities undertaken by the department under authority of any provision of ORS chapters 448, 453, 454, 459, 459A, 465, 466, 467, 468, 468A and 468B and ORS 475.405 to 475.495.

(b) Administering and reviewing activities described under subsection (3) of this section that are performed by a third party.

(2) Payments agreed to under subsection (1) of this section shall be for services voluntarily requested by the applicant, permittee or regulated entity. As part of the agreement, the department may waive all or part of any fee otherwise imposed for those services. The department shall not alter or establish processing priorities or schedules based upon an expectation of entering into an agreement under subsection (1) of this section.

(3) Not later than July 1, 1998, the department shall identify department activities or portions thereof suitable for contracting out to third parties. Failure of the department to identify a specific activity shall not prevent the expenditure of funds for that activity or for department administration and review of that activity under an agreement entered into pursuant to subsection (1) of this section.

(4) Any moneys received by the department under an agreement described under subsection (1) of this section shall not exceed the cost to the department of providing the service to the applicant, permittee or regulated entity.

(5) Any payments received under an agreement described under subsections (1) to (4) of this section shall be deposited in the State Treasury to the credit of an account of the Department of Environmental Quality and are continuously appropriated for the purposes specified in the individual agreements. [1997 c.569 §§2,4(1)]



468.075 Revolving fund; uses. (1) On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental Quality for operating expenses for use by the department as a revolving fund. The revolving fund shall not exceed the aggregate sum of $10,000 including unreimbursed advances. The revolving fund shall be deposited with the State Treasurer to be held in a special account against which the department may draw checks.

(2) The revolving fund may be used by the department to pay for travel expenses, or advances therefor, for employees of the department and for any consultants or advisers for whom payment of travel expenses is authorized by law or for purchases required from time to time or for receipt or disbursement of federal funds available under federal law.

(3) All claims for reimbursement of amounts paid from the revolving fund shall be approved by the department and by the Oregon Department of Administrative Services. When such claims have been approved, a warrant covering them shall be drawn in favor of the department and charged against the appropriate fund or account, and shall be used to reimburse the revolving fund. [Formerly 449.034; 1977 c.704 §7]



UNIFORM TRANSBOUNDARY POLLUTION RECIPROCAL ACCESS ACT



468.076 Definitions for ORS 468.076 to 468.089. As used in ORS 468.076 to 468.089:

(1) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.

(2) “Reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America or a province or territory of Canada, that has enacted an Act to provide substantially equivalent access to its courts and administrative agencies as provided in ORS 468.076 to 468.087. [1991 c.826 §2]



Note: 468.076 to 468.089 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.



468.078 Action for pollution originating in Oregon. Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in the reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon. [1991 c.826 §3]



Note: See note under 468.076.



468.079 Action for pollution originating in reciprocating jurisdiction. A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Oregon as if the injury or threatened injury occurred in Oregon. [1991 c.826 §4]



Note: See note under 468.076.



468.080 Applicability of Oregon law. The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes “pollution,” is the law of Oregon excluding Oregon’s choice of law rules. Nothing in ORS 468.076 to 468.087 restricts the applicability of federal law in actions in which federal law is preemptive. Nothing in ORS 468.076 to 468.087 determines whether state law or federal law applies in any particular legal action. [1991 c.826 §5]



Note: See note under 468.076.



468.081 Rights of injured person. ORS 468.076 to 468.087 do not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in Oregon. [1991 c.826 §6]



Note: See note under 468.076.



468.083 Right conferred under ORS 468.076 to 468.087 in addition to other rights. The right provided in ORS 468.076 to 468.087 is in addition to, and not in derogation of, any other right. [1991 c.826 §7]



Note: See note under 468.076.



468.085 Sovereign immunity defense. The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 to 468.087 only to the extent that it would apply to a person injured or threatened with injury in Oregon. [1991 c.826 §8]



Note: See note under 468.076.



468.087 Application and construction of ORS 468.076 to 468.087. ORS 468.076 to 468.087 shall be applied and construed to carry out the general purpose of ORS 468.076 to 468.089 to make uniform the law with respect to the subject of ORS 468.076 to 468.089 among the jurisdictions enacting it. [1991 c.826 §9]



Note: See note under 468.076.



468.089 Short title. ORS 468.076 to 468.087 shall be known and may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act.” [1991 c.826 §1]



Note: See note under 468.076.



ENFORCEMENT



468.090 Complaint procedure. (1) In case any written substantiated complaint is filed with the Department of Environmental Quality which it has cause to believe, or in case the department itself has cause to believe, that any person is violating any rule or standard adopted by the Environmental Quality Commission or any permit issued by the department by causing or permitting water pollution or air pollution or air contamination, the department shall cause an investigation thereof to be made. If it finds after such investigation that such a violation of any rule or standard of the commission or of any permit issued by the department exists, it shall by conference, conciliation and persuasion endeavor to eliminate the source or cause of the pollution or contamination which resulted in such violation.

(2) In case of failure to remedy the violation, the department shall commence enforcement proceedings pursuant to the procedures set forth in ORS chapter 183 for a contested case and in ORS 468B.032. [Formerly 449.815; 1999 c.975 §3]



468.095 Investigatory authority; entry on premises; status of records. (1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected source of water pollution or air pollution or air contamination or to ascertain compliance or noncompliance with any rule or standard adopted or order or permit issued pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B. The Environmental Quality Commission shall also have access to any pertinent records relating to such property, including but not limited to blueprints, operation and maintenance records and logs, operating rules and procedures. (continued)