ORS 468B.365
Plan approval

  • change affecting plan
  • certificate of approval

(1)

The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) only if it determines that the plan meets the requirements of ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) to 468B.360 (Review of contingency plan) and:

(a)

The covered vessel or facility demonstrates evidence of compliance with ORS 468B.390 (Compliance with federal Oil Pollution Act of 1990); and

(b)

If implemented, the plan is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promptly and properly and minimizing any damage to the environment.

(2)

An owner or operator of a covered vessel or facility shall notify the department in writing immediately of any significant change affecting the contingency plan, including changes in any factor set forth in this section or in rules adopted by the Environmental Quality Commission. The department may require the owner or operator to update a contingency plan as a result of these changes.

(3)

A holder of an approved contingency plan does not violate the terms of the contingency plan by furnishing to another plan holder, after notifying the department, equipment, materials or personnel to assist the other plan holder in a response to an oil discharge. The plan holder shall replace or return the transferred equipment, materials and personnel as soon as feasible.

(4)

The department may attach any reasonable term or condition to its approval or modification of a contingency plan that the department determines is necessary to insure that the applicant:

(a)

Has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the facility or tank vessel;

(b)

Maintains personnel levels sufficient to carry out emergency operations; and

(c)

Complies with the contingency plan.

(5)

The contingency plan must provide for the use by the applicant of the best technology available at the time the contingency plan was submitted or renewed.

(6)

The department may require an applicant or a holder of an approved contingency plan to take steps necessary to demonstrate its ability to carry out the contingency plan, including:

(a)

Periodic training;

(b)

Response team exercises; and

(c)

Verification of access to inventories of equipment, supplies and personnel identified as available in the approved contingency plan.

(7)

The department may consider evidence that oil discharge prevention measures such as double hulls or double bottoms on vessels or barges, secondary containment systems, hydrostatic testing, enhanced vessel traffic systems or enhanced crew or staffing levels have been implemented and in its discretion, may make exceptions to the requirements of this section to reflect the reduced risk of oil discharges from the facility or tank vessel for which the plan is submitted or being modified.

(8)

Before the department approves or modifies a contingency plan required under ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters), the department shall provide a copy of the contingency plan to the State Department of Fish and Wildlife, the Department of the State Fire Marshal and the Department of Land Conservation and Development for review. The agencies shall review the plan according to procedures and time limits established by rule of the Environmental Quality Commission.

(9)

Upon approval of a contingency plan, the Department of Environmental Quality shall issue to the plan holder a certificate stating that the plan has been approved. The certificate shall include the name of the facility or tank vessel for which the certificate is issued, the effective date of the plan and the date by which the plan must be submitted for renewal.

(10)

The approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under ORS chapters 468, 468A and 468B or any other state law. [1991 c.651 §8; 2019 c.581 §11; 2021 c.539 §120]
Note: The name of the office of the State Fire Marshal is being changed to the Department of the State Fire Marshal. The name change becomes operative on July 1, 2023. See sections 89 and 155a, chapter 539, Oregon Laws 2021. Between July 1, 2022, and July 1, 2023, references to the Department of the State Fire Marshal shall be construed to mean the office of the State Fire Marshal in the Department of State Police. See section 155c, chapter 539, Oregon Laws 2021.
Note: The amendments to 468B.365 (Plan approval) by section 120, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155,chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
468B.365 (Plan approval). (1) The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) only if it determines that the plan meets the requirements of ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) to 468B.360 (Review of contingency plan) and:

(a)

The covered vessel or facility demonstrates evidence of compliance with ORS 468B.390 (Compliance with federal Oil Pollution Act of 1990); and

(b)

If implemented, the plan is capable, to the maximum extent practicable in terms of personnel, materials and equipment, of removing oil promptly and properly and minimizing any damage to the environment.

(2)

An owner or operator of a covered vessel or facility shall notify the department in writing immediately of any significant change affecting the contingency plan, including changes in any factor set forth in this section or in rules adopted by the Environmental Quality Commission. The department may require the owner or operator to update a contingency plan as a result of these changes.

(3)

A holder of an approved contingency plan does not violate the terms of the contingency plan by furnishing to another plan holder, after notifying the department, equipment, materials or personnel to assist the other plan holder in a response to an oil discharge. The plan holder shall replace or return the transferred equipment, materials and personnel as soon as feasible.

(4)

The department may attach any reasonable term or condition to its approval or modification of a contingency plan that the department determines is necessary to insure that the applicant:

(a)

Has access to sufficient resources to protect environmentally sensitive areas and to prevent, contain, clean up and mitigate potential oil discharges from the facility or tank vessel;

(b)

Maintains personnel levels sufficient to carry out emergency operations; and

(c)

Complies with the contingency plan.

(5)

The contingency plan must provide for the use by the applicant of the best technology available at the time the contingency plan was submitted or renewed.

(6)

The department may require an applicant or a holder of an approved contingency plan to take steps necessary to demonstrate its ability to carry out the contingency plan, including:

(a)

Periodic training;

(b)

Response team exercises; and

(c)

Verification of access to inventories of equipment, supplies and personnel identified as available in the approved contingency plan.

(7)

The department may consider evidence that oil discharge prevention measures such as double hulls or double bottoms on vessels or barges, secondary containment systems, hydrostatic testing, enhanced vessel traffic systems or enhanced crew or staffing levels have been implemented and in its discretion, may make exceptions to the requirements of this section to reflect the reduced risk of oil discharges from the facility or tank vessel for which the plan is submitted or being modified.

(8)

Before the department approves or modifies a contingency plan required under ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters), the department shall provide a copy of the contingency plan to the State Department of Fish and Wildlife, the office of the State Fire Marshal and the Department of Land Conservation and Development for review. The agencies shall review the plan according to procedures and time limits established by rule of the Environmental Quality Commission.

(9)

Upon approval of a contingency plan, the department shall issue to the plan holder a certificate stating that the plan has been approved. The certificate shall include the name of the facility or tank vessel for which the certificate is issued, the effective date of the plan and the date by which the plan must be submitted for renewal.

(10)

The approval of a contingency plan by the department does not constitute an express assurance regarding the adequacy of the plan or constitute a defense to liability imposed under ORS chapters 468, 468A and 468B or any other state law.

Source: Section 468B.365 — Plan approval; change affecting plan; certificate of approval, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468B.­html.

468B.005
Definitions for water pollution control laws
468B.010
Authority of commission over water pollution
468B.015
Policy
468B.020
Prevention of pollution
468B.025
Prohibited activities
468B.030
Effluent limitations
468B.032
Alternative enforcement proceeding
468B.035
Implementation of Federal Water Pollution Control Act
468B.037
Federal Water Pollution Control Act
468B.038
Federal Water Pollution Control Act
468B.039
Procedures for developing methodologies for assessment of water quality
468B.040
Certification of hydroelectric power project
468B.045
Certification of change to hydroelectric power project
468B.046
Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes
468B.047
Fees for state certification under Federal Water Pollution Control Act
468B.048
Rules for standards of quality and purity
468B.050
Water quality permit
468B.051
Fees for water quality permit
468B.053
Alternatives to obtaining water quality permit
468B.055
Plans and specifications for disposal, treatment and sewerage systems
468B.060
Liability for damage to fish or wildlife or habitat
468B.062
Use attainability analysis of certain waters of state
468B.064
Follow-up assessments of waters of state that exceed numeric temperature criteria
468B.070
Prohibited activities for certain municipalities
468B.075
Definitions for ORS 468B.080
468B.080
Prohibitions relating to garbage or sewage dumping into waters of state
468B.083
When motor vehicle parts may be placed in waters of state
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
468B.100
Definitions for ORS 468B.105 and 468B.110
468B.105
Review of water quality standard affecting forest operations
468B.110
Authority to establish and enforce water quality standards by rule or order
468B.112
Definitions
468B.114
Motorized in-stream placer mining
468B.116
Permit application
468B.118
Fees
468B.120
Definitions for ORS 468B.120 to 468B.135
468B.125
Policy to reduce phosphorous pollution
468B.130
Prohibition on sale or distribution of cleaning agents containing phosphorus
468B.135
Exemptions
468B.138
Definitions for ORS 468B.138 to 468B.144
468B.139
Report
468B.140
Plans to reduce discharges of persistent pollutants
468B.141
Rules
468B.142
Order compelling compliance with rules
468B.143
Persistent Pollutant Control Account
468B.144
Moneys received under ORS 468B.142
468B.150
Definitions for ORS 468B.150 to 468B.190
468B.155
State goal to prevent ground water contamination
468B.160
Ground water management and use policy
468B.162
Coordination of ground water activities
468B.164
Encouragement of federal actions
468B.165
Ground water contaminants
468B.166
Technical advisory committee
468B.167
Ground water resource protection strategy
468B.169
Requests for funding, advice or assistance for ground water projects
468B.171
Awarding grants
468B.175
Declaration of area of ground water concern
468B.177
Actions of department after declaration of area of ground water concern
468B.179
Ground water management committee
468B.180
Declaration of ground water management area
468B.182
Alternative appointment of ground water management committee
468B.183
Duties of ground water management committee after declaration of ground water management area
468B.184
Designation of lead agency for development of action plan
468B.186
Comment on plan
468B.187
Acceptance or rejection of action plan
468B.188
Repeal of declaration of ground water management area
468B.190
Ground water monitoring and assessment
468B.195
Underground injection control program of federal Safe Drinking Water Act
468B.196
Fees
468B.197
Subsurface Injection Fluids Account
468B.200
Legislative findings
468B.203
Applicability of 468B.200 to 468B.230
468B.205
Definition of confined animal feeding operation
468B.210
Maximum number of animals per facility
468B.215
Fees
468B.217
Memorandum of understanding with Department of Agriculture
468B.220
Civil penalty for violation of permit requirement
468B.225
Prerequisite for investigation
468B.230
Department of Agriculture civil penalty authority
468B.300
Definitions for ORS 468B.300 to 468B.500
468B.305
Entry of oil into waters of state prohibited
468B.310
Liability for violation of ORS 468B.305
468B.315
Duty to collect and remove oil
468B.320
Action by state
468B.325
Director’s right of entry in response to spill or release of oil or hazardous material
468B.330
Action to collect costs
468B.335
Effect of federal regulations of oil spillage
468B.337
Liquefied natural gas
468B.340
Legislative findings and intent
468B.345
Oil spill contingency plan required to operate facility or covered vessel in state or state waters
468B.350
Standards for contingency plans
468B.355
Contingency plans
468B.360
Review of contingency plan
468B.365
Plan approval
468B.370
Determination of adequacy of plan
468B.375
Inspection of facilities and vessels
468B.380
Tank vessel inspection program
468B.385
Modification of approval of contingency plan
468B.390
Compliance with federal Oil Pollution Act of 1990
468B.395
Department duties
468B.400
Wildlife rescue training program
468B.405
Fees
468B.410
Oil Spill Prevention Fund
468B.412
Report regarding fees and oil spill prevention activities
468B.415
Oregon coast safety committee
468B.420
Safety committee recommendations
468B.425
Exemption from liability for removal costs or damages
468B.427
Oil spill contingency plan required for high hazard train routes in state
468B.429
Requirements for contingency plans
468B.431
Review of contingency plan
468B.433
Financial responsibility statement
468B.435
High Hazard Train Route Oil Spill Preparedness Fund
468B.437
Rules
468B.450
Willful or negligent discharge of oil
468B.455
Oil Spillage Control Fund
468B.460
Rules
468B.475
Legislative finding
468B.485
Methods of establishing financial assurance
468B.495
Interagency response plan for oil or hazardous material spills
468B.500
Contents of plan
468B.550
Short title
468B.555
Trading program development
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