ORS 465.200
Definitions for ORS 465.200 to 465.545


As used in ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 465.900 (Civil penalties for violation of removal or remedial actions):

(1)

“Claim” means a demand in writing for a sum certain.

(2)

“Commission” means the Environmental Quality Commission.

(3)

“Department” means the Department of Environmental Quality.

(4)

“Director” means the Director of the Department of Environmental Quality.

(5)

“Dry Cleaner Environmental Response Account” means the account established under ORS 465.510 (Dry Cleaner Environmental Response Account).

(6)

“Dry cleaning facility” means any active or inactive facility located in this state that is or was engaged in dry cleaning apparel and household fabrics for the general public, and dry stores, other than a:

(a)

Facility located on a United States military base;

(b)

Uniform service or linen supply facility; or

(c)

Prison or other penal institution.

(7)

“Dry cleaning operator” means a person who has, or had, a business license to operate a dry cleaning facility or a business operation that a dry cleaning facility is a part of. If a dry cleaning facility is operated without a business license, both the dry cleaning owner and any person directing the operations shall be considered the dry cleaning operator and shall be jointly and severally liable for the fees and duties imposed on dry cleaning operators.

(8)

“Dry cleaning owner” means a person who owns or owned the real property underlying a dry cleaning facility.

(9)

“Dry cleaning service” means:

(a)

The cleaning of garments or fabrics at a dry cleaning facility using a dry cleaning solvent and the pressing or alteration of garments or fabrics if those services are not charged for separately from cleaning; and

(b)

The services of a dry store.

(10)

“Dry cleaning solvent” means any nonaqueous solvent for use in the cleaning of garments or other fabrics at a dry cleaning facility, including but not limited to perchloroethylene and petroleum based solvents and the products into which dry cleaning solvents degrade.

(11)

“Dry store” means a facility that does not include machinery using dry cleaning solvents, including but not limited to a pickup store, dropoff store, call station, agency for dry cleaning, press shop, and pickup and delivery service not otherwise operated by a dry cleaning facility.

(12)

“Environment” includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air.

(13)

“Facility” means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel.

(14)

“Fund” means the Hazardous Substance Remedial Action Fund established by ORS 465.381 (Hazardous Substance Remedial Action Fund).

(15)

“Guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 465.900 (Civil penalties for violation of removal or remedial actions).

(16)

“Hazardous substance” means:

(a)

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

(b)

Any substance defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended, and P.L. 99-499.

(c)

Oil.

(d)

Any substance designated by the commission under ORS 465.400 (Rules).

(17)

“Inactive dry cleaning facility” means property formerly used, but not currently used, for providing dry cleaning services.

(18)

“Natural resources” includes but is not limited to land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies and any other resource owned, managed, held in trust or otherwise controlled by the State of Oregon or a political subdivision of the state.

(19)

“Oil” includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse and any other petroleum-related product, or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.

(20)

“Owner or operator” means any person who owned, leased, operated, controlled or exercised significant control over the operation of a facility. “Owner or operator” does not include a person, who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in the facility.

(21)

“Person” means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof.

(22)

“Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes:

(a)

Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person’s employer under ORS chapter 656;

(b)

Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;

(c)

Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 (Removal or remedial action) or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

(d)

The normal application of fertilizer.

(23)

“Remedial action” means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment. “Remedial action” includes, but is not limited to:

(a)

Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.

(b)

Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.

(c)

Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

(24)

“Remedial action costs” means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

(25)

“Removal” means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. “Removal” also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260 (Removal or remedial action).

(26)

“Retail sale or transfer” means a transfer of title or possession, exchange or barter, conditional or otherwise, for a purpose other than resale in the ordinary course of business.

(27)

“Transport” means the movement of a hazardous substance by any mode, including pipeline and in the case of a hazardous substance that has been accepted for transportation by a common or contract carrier, the term “transport” shall include any stoppage in transit that is temporary, incidental to the transportation movement, and at the ordinary operating convenience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance.

(28)

“Underground storage tank” has the meaning given that term in ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994).

(29)

“Waters of the state” has the meaning given that term in ORS 468B.005 (Definitions for water pollution control laws). [Formerly 466.540; 1995 c.427 §1; 2001 c.495 §19; 2003 c.407 §§23,24]

Source: Section 465.200 — Definitions for ORS 465.200 to 465.545, https://www.­oregonlegislature.­gov/bills_laws/ors/ors465.­html.

Notes of Decisions

Term “remedial action” pertains only to actual physical process or processes of remedying release of hazardous substance. Cash Flow Investors, Inc. v. Union Oil Co., 318 Or 88, 862 P2d 501 (1993)

465.003
Definitions for ORS 465.003 to 465.034
465.006
Policy
465.009
Rules
465.012
Technical assistance to users and generators
465.015
Toxics use and hazardous waste reduction plan required
465.018
Notification of Department of Environmental Quality upon completion of plan or system
465.021
Review of plan or system
465.027
Contract for assistance with higher education institution
465.032
Form of implementation summary
465.034
Application of ORS 465.003 to 465.034
465.037
Short title
465.101
Definitions for ORS 465.101 to 465.131
465.104
Fees for petroleum product delivery or withdrawals
465.106
Amount of fee to be set by State Fire Marshal
465.111
Department of Revenue to collect fee
465.112
Amounts held in trust
465.114
Extension of time for paying fee
465.117
Records of petroleum products transactions
465.121
Rules
465.124
Application of ORS chapters 305 and 314 to fee collection
465.127
Disposition of fees
465.131
Fee imposed by ORS 465.104 in addition to fees established by local government
465.200
Definitions for ORS 465.200 to 465.545
465.205
Legislative findings
465.210
Authority of department for removal or remedial action
465.215
List of facilities with confirmed release
465.220
Comprehensive statewide identification program
465.225
Inventory of facilities needing environmental controls
465.230
Removal of facilities from inventory
465.235
Public inspection of inventory
465.240
Inventory listing not prerequisite to other remedial action
465.245
Preliminary assessment of potential facility
465.250
Accessibility of information about hazardous substances
465.255
Strict liability for remedial action costs for injury or destruction of natural resource
465.257
Right of contribution from other person liable for remedial action costs
465.260
Removal or remedial action
465.265
“Person” defined for ORS 465.265 to 465.310
465.270
Legislative findings and intent
465.275
Remedial action and financial assistance program
465.280
Rules
465.285
Requirements for financial assistance
465.290
Financial assistance agreement not General Fund obligation
465.295
Decision regarding financial assistance not subject to judicial review
465.300
Records and financial assistance applications exempt from disclosure as public record
465.305
Application fees
465.310
Accounting procedure for financial assistance moneys
465.315
Standards for degree of cleanup required
465.320
Notice of proposed remedial action or release from liability
465.325
Agreement to perform removal or remedial action
465.327
Agreement to release party from potential liability to facilitate cleanup and reuse of property
465.330
State remedial action costs
465.333
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs
465.335
Costs, penalties and damages as lien
465.340
Contractor liability
465.375
Monthly fee of operators
465.376
Special hazardous waste management fees
465.378
Department to work with other states to avoid disruption of waste flows
465.381
Hazardous Substance Remedial Action Fund
465.386
Commission authorized to increase fees
465.391
Effect of certain laws on liability of person
465.400
Rules
465.405
Rules
465.410
Ranking of inventory according to risk
465.420
Remedial Action Advisory Committee
465.425
“Security interest holder” defined for ORS 465.430 to 465.455
465.430
Legislative findings
465.435
Rules relating to exemption from liability for security interest holder
465.440
Rules relating to exemption from liability for fiduciary
465.445
Advisory committee
465.450
Limitation on commission’s discretion to adopt rules
465.455
Construction of ORS 465.425 to 465.455
465.475
Definitions for ORS 465.475 to 465.484
465.478
Legislative findings
465.479
Lost policies
465.480
Insurance for environmental claims
465.481
General liability insurance policies
465.483
General liability insurance policies
465.484
Unfair environmental claims settlement practices
465.485
Short title
465.500
Purpose
465.503
Exemption from administrative or judicial action to compel removal or remedial action
465.505
Waste minimization requirements for dry cleaning facilities
465.507
Dry cleaning advisory group
465.510
Dry Cleaner Environmental Response Account
465.517
Annual fee and gross revenue fee for dry cleaning facilities
465.520
Fee on sale or transfer of dry cleaning solvent
465.523
Fee on use of dry cleaning solvent
465.525
Calculation of fee for partial gallons
465.527
Reporting of fees
465.531
Department of Environmental Quality may contract for collection of fees
465.536
Late charges
465.545
Suspension of dry cleaning fees
465.550
Definitions for ORS 465.550 and 465.555
465.555
County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents
465.600
Definitions for ORS 465.600 to 465.621
465.603
Procedure to create public authority
465.606
Board of directors
465.609
General powers
465.612
Obligations of authority not obligations of local government
465.615
Exemption from taxation
465.618
Remedial action costs
465.621
Dissolution
465.900
Civil penalties for violation of removal or remedial actions
465.992
Civil penalty for failure to pay fees
Green check means up to date. Up to date