2017 ORS 465.210¹
Authority of department for removal or remedial action

(1) In addition to any other authority granted by law, the Department of Environmental Quality may:

(a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity necessary to conduct removal or remedial action and to carry out the provisions of 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); and

(b) Recover the state’s remedial action costs.

(2) The Environmental Quality Commission and the department may participate in or conduct activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499, and the corrective action provisions of Subtitle I of the federal Solid Waste Disposal Act, as amended, P.L. 96-482 and P.L. 98-616. Such participation may include, but need not be limited to, entering into a cooperative agreement with the United States Environmental Protection Agency.

(3) Nothing 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) shall restrict the State of Oregon from participating in or conducting activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499. [Formerly 466.550]

Note: Sections 1 and 2, chapter 168, Oregon Laws 2017, provide:

Sec. 1. (1) The Department of Environmental Quality shall study and propose recommendations on legislative, regulatory and other actions necessary to develop a program that would allow parties the opportunity to conduct voluntary removal or remedial actions at a facility under a single, coordinated process that, if completed successfully, would provide the party with:

(a) Release from liability under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource), 466.640 (Strict liability for spill or release) and 468B.310 (Liability for violation of ORS 468B.305); and

(b) The ability to satisfy the requirements of, and to obtain certain releases from potential liability under, the following federal laws as they may apply to the facility:

(A) The federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. 9601 et seq., P.L. 96-510 and P.L. 99-499;

(B) The federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 to 6992, P.L. 94-580, as amended; and

(C) The federal Toxic Substances Control Act, 15 U.S.C. 2601 to 2671.

(2) In conducting the study required by this section, the department shall:

(a) Consult with the United States Environmental Protection Agency; and

(b) Review and take into consideration actions by other states related to conducting voluntary removal or remedial actions for the purpose of expanding or redeveloping real property for affordable housing.

(3) The department shall make a report of its findings and recommendations under subsection (1) of this section and submit the report to the interim committees of the Legislative Assembly related to the environment and natural resources in the manner provided under ORS 192.245 (Form of report to legislature) no later than September 15, 2018.

(4) As used in this section, “remedial action” and “removal” have the meaning given those terms in ORS 465.200 (Definitions for ORS 465.200 to 465.545). [2017 c.168 §1]

Sec. 2. Section 1 of this 2017 Act is repealed on January 2, 2019. [2017 c.168 §2]

1 Legislative Counsel Committee, CHAPTER 465—Hazardous Waste and Hazardous Materials I, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors465.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.