2011 ORS § 466.605¹
Definitions for ORS 466.605 to 466.680

As used in ORS 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup) and 466.990 (Civil penalties generally) (3) and (4):

(1) Barrel means 42 U.S. gallons at 60 degrees Fahrenheit.

(2) Cleanup means the containment, collection, removal, treatment or disposal of oil or hazardous material; site restoration; and any investigations, monitoring, surveys, testing and other information gathering required or conducted by the Department of Environmental Quality.

(3) Cleanup costs means all costs associated with the cleanup of a spill or release incurred by the state, its political subdivision or any person with written approval from the department when implementing ORS 466.205 (Liability for improper disposal of waste), 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup), 466.990 (Civil penalties generally) (3) and (4) and 466.995 (Criminal penalties) (2) or 468B.320 (Action by state).

(4) Commission means the Environmental Quality Commission.

(5) Department means the Department of Environmental Quality.

(6) Director means the Director of the Department of Environmental Quality.

(7) Hazardous material means one of the following:

(a) A material designated by the commission under ORS 466.630 (Commission designation of substance as hazardous material).

(b) Hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385).

(c) Radioactive waste as defined in ORS 469.300 (Definitions), radioactive material identified by the Energy Facility Siting Council under ORS 469.605 (Permit to transport required) and radioactive substances as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135).

(d) Communicable disease agents as regulated by the Oregon Health Authority under ORS 431.035 (Power of Director of Oregon Health Authority to delegate functions) to 431.530 (Authority of local health administrator in emergency), 433.001 (Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770) to 433.045 (Consent to HIV test required) and 433.110 (Duties of physicians and nurses in controlling communicable disease) to 433.770 (Enforcement).

(e) Hazardous substances designated by the United States Environmental Protection Agency under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.

(8) Oils or oil includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product.

(9) Person means an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the federal government and any agency thereof.

(10) Reportable quantity means one of the following:

(a) A quantity designated by the commission under ORS 466.625 (Rulemaking).

(b) The lesser of:

(A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;

(B) The quantity designated for hazardous waste under ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations), 466.990 (Civil penalties generally) (1) and (2) and 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply);

(C) Any quantity of radioactive material, radioactive substance or radioactive waste;

(D) If spilled into waters of the state, or escape into waters of the state is likely, any quantity of oil that would produce a visible oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines; or

(E) If spilled on land, any quantity of oil over one barrel.

(c) Ten pounds unless otherwise designated by the commission under ORS 466.625 (Rulemaking).

(11) Respond or response means:

(a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release of oil or hazardous material;

(b) First aid, rescue or medical services, and fire suppression; or

(c) Containment or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or the environment which may result from a spill or release or threatened spill or release if action is not taken.

(12) Spill or release means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air or into or on any land or waters of the state, as defined in ORS 468B.005 (Definitions for water pollution control laws), except as authorized by a permit issued under ORS chapter 454, 459, 459A, 468, 468A, 468B or 469, ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations), 466.990 (Civil penalties generally) (1) and (2) or 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply) or federal law or while being stored or used for its intended purpose.

(13) Threatened spill or release means oil or hazardous material is likely to escape or be carried into the air or into or on any land or waters of the state. [1985 c.733 §1; 1987 c.735 §26; 1989 c.6 §14; 1993 c.422 §28; 1997 c.249 §162; 2007 c.445 §41; 2009 c.595 §946]