2017 ORS 466.730¹
Delegation of program administration to state agency or local government by agreement

(1) The Environmental Quality Commission may authorize the department to enter into a contract or agreement with an agency of this state or a local unit of government to administer all or part of the underground storage tank program.

(2) Any agency of this state or any local unit of government that seeks to administer an underground storage tank program under this section shall submit to the Department of Environmental Quality a description of the program the agency or local unit of government proposes to administer in lieu of all or part of the state program. The program description shall include at least the following:

(a) A description in narrative form of the scope, structure, coverage and procedures of the proposed program.

(b) A description, including organization charts, of the organization and structure of the contracting state agency or local unit of government that will have responsibility for administering the program, including:

(A) The number of employees, occupation and general duties of each employee who will carry out the activities of the contract.

(B) An itemized estimate of the cost of establishing and administering the program, including the cost of personnel listed in subparagraph (A) of this paragraph and administrative and technical support.

(C) An itemization of the source and amount of funding available to the contracting state agency or local unit of government to meet the costs listed in subparagraph (B) of this paragraph, including any restrictions or limitations upon this funding.

(D) A description of applicable procedures, including permit procedures.

(E) Copies of the permit form, application form and reporting form the state agency or local unit of government intends to use in the program.

(F) A complete description of the methods to be used to assure compliance and for enforcement of the program.

(G) A description of the procedures to be used to coordinate information with the department, including the frequency of reporting and report content.

(H) A description of the procedures the state agency or local unit of government will use to comply with trade secret laws under ORS 466.800 (Records as public records).

(3) Any program approved by the department under this section shall at all times be conducted in accordance with the requirements of ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations).

(4) An agency or local unit of government shall exercise the functions relating to underground storage tanks authorized under a contract or agreement entered into under this section according to the authority vested in the commission and the department under ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations) insofar as such authority is applicable to the performance under the contract or agreement. The agency or local unit of government shall carry out these functions in the manner provided for the commission and the department to carry out the same functions. [1987 c.539 §9]

Law Review Cita­tions

28 WLR 377 (1992)

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials Ii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.