2017 ORS 468.035¹
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 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) 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 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) 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 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 (“Municipality” defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal) 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 541.932 (Watershed enhancement project assistance) with activities of other cooperating state and federal agencies participating in the project.

(2) Nothing in this section shall affect the authority of the Oregon Health Authority to make and enforce rules:

(a) Regarding the quality of water for human or animal consumption pursuant to ORS 448.115 (Definitions for ORS 448.115 to 448.285) to 448.325 (Injunction to enforce city ordinances), 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) and 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment); and

(b) Regarding the quality of water for public swimming places pursuant to ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties).

(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 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) or ORS chapter 279A, 279B or 279C for a removal or remedial action pursuant to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees), a corrective action or cleanup action pursuant to 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), 466.605 (Definitions for ORS 466.605 to 466.680) to 466.680 (Responsibility for expenses of cleanup) or 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) or a removal pursuant to ORS 468B.005 (Definitions for water pollution control laws) to 468B.030 (Effluent limitations), 468B.035 (Implementation of Federal Water Pollution Control Act), 468B.048 (Rules for standards of quality and purity) to 468B.085 (Depositing vehicles or manufactured structures into water prohibited), 468B.090 (Permit authorized for discharge of shrimp and crab processing by-products), 468B.093 (General permit for discharge of geothermal spring water to surface water), 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land) and 468B.300 (Definitions for ORS 468B.300 to 468B.500) to 468B.500 (Contents of plan), 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 (Procurement authority) and 279A.140 (State procurement of goods and services), 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 (Protests of contract award), 279B.415 (Judicial review of protests of contract award) or 279C.460 (Action by or on behalf of adversely affected bidder or proposer) 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 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services) and ORS chapters 279A, 279B and 279C 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; 2003 c.794 §§288,289,290,291; 2009 c.595 §948; 2015 c.736 §101]

See annota­tions under ORS 449.035 and 449.082 in permanent edi­tion.

Chapter 468

See also annota­tions under ORS chapter 449 in permanent edi­tion.

Notes of Decisions

It was proper for Depart­ment of Environ­mental Quality to consider statutory pro­vi­sions of this chapter while acting on solid waste disposal permit applica­tion under ORS 459.205 (Permit required) to 459.265 (Hearings). Land Reclama­tion, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of depart­ment to review engineering data and design of wigwam waste burner or of air pollu­tion control equip­ment, or to prohibit construc­tion or installa­tion, (1971) Vol 35, p 917; state antipollu­tion regula­tions applicable to mining activities in wilderness areas in na­tional parks, (1972) Vol 35, p 1042; power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environ­mental Quality Commission and Depart­ment of Environ­mental Quality to regulate disposi­tion of food processing byproducts to prevent air or wa­ter pollu­tion, (1979) Vol 39, p 770

Law Review Cita­tions

4 EL 339 (1974)

1 Legislative Counsel Committee, CHAPTER 468—Environmental Quality Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468.­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.