OAR 340-122-0073
Confirmation of a Release

(1)

The Director shall determine that a release of a hazardous substance has been confirmed for the purposes of listing a facility on the Confirmed Release List or the Inventory if the Director determines that the release meets the criteria in subsections (a) and (b) of this section:

(a)

The release has been documented by:

(A)

An observation made and documented by a qualified government inspector or agent;

(B)

A written statement or report from an owner, operator, or representative authorized by an owner or operator stating that the release has occurred; or

(C)

Laboratory data indicating the hazardous substance has been detected at levels greater than background levels.

(b)

The release is not excluded under section (2) of this rule.

(2)

A release shall not be defined as a “confirmed release” pursuant to section (1) of this rule if, based on the information available at the time a final listing decision is made, the Director determines that the release meets any of the following criteria:

(a)

The release is a de minimis release;

(b)

The release by its nature rapidly dissipates to undetectable or insignificant levels and poses no significant threat;

(c)

The release is a permitted or authorized release, but not including deposition, accumulation, or migration of substances resulting from an otherwise-permitted or authorized release;

(d)

The release is a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) and applied for its intended purpose in accordance with label directions, but not including deposition, accumulation, or migration of substances resulting from an otherwise-authorized release;

(e)

The release has been cleaned up to a level that is consistent with rules adopted by the Commission under ORS 465.400 (Rules) or Chapter 466 or that poses no significant threat to present or future public health, safety, welfare, or the environment; or

(f)

The release otherwise requires no additional investigation, removal, remedial action, or long-term environmental or institutional controls related to removal or remedial action to assure protection of present and future public health, safety, welfare, and the environment.

(3)

A release shall not be excluded pursuant to section (2) of this rule if continuing environmental or institutional controls related to removal or remedial action are required to assure protection of present and future public health, safety, welfare, and the environment.
[Publications: Publications referenced are available from the agency.]

Source: Rule 340-122-0073 — Confirmation of a Release, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-122-0073.

340‑122‑0010
Purpose 340‑122‑0030
Scope and Applicability 340‑122‑0040
Standards 340‑122‑0047
Generic Remedies 340‑122‑0050
Activities 340‑122‑0070
Removal 340‑122‑0071
Site Evaluation 340‑122‑0072
Preliminary Assessments 340‑122‑0073
Confirmation of a Release 340‑122‑0074
Development of Confirmed Release List 340‑122‑0075
Development of Inventory 340‑122‑0076
Inventory Ranking 340‑122‑0077
Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory 340‑122‑0078
Inventory Delisting — Public Notice and Participation 340‑122‑0079
Delisting — Determination by the Director 340‑122‑0080
Remedial Investigation 340‑122‑0084
Risk Assessment 340‑122‑0085
Feasibility Study 340‑122‑0090
Selection or Approval of the Remedial Action 340‑122‑0100
Public Notice and Participation 340‑122‑0110
Administrative Record 340‑122‑0115
Definitions 340‑122‑0120
Security Interest Exemption 340‑122‑0130
Involuntary Acquisition of Property by the Government 340‑122‑0140
Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries 340‑122‑0205
Cleanup Rules for Leaking Petroleum UST Systems: Purpose 340‑122‑0210
Cleanup Rules for Leaking Petroleum UST Systems: Definitions 340‑122‑0215
Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability 340‑122‑0217
Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options 340‑122‑0218
Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis 340‑122‑0220
Cleanup Rules for Leaking Petroleum UST Systems: Initial Response 340‑122‑0225
Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check 340‑122‑0230
Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization 340‑122‑0235
Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal 340‑122‑0240
Cleanup Rules for Leaking Petroleum UST Systems: Investigation for Magnitude and Extent of Contamination 340‑122‑0243
Cleanup Rules for Leaking Petroleum UST Systems: Low-Impact Sites 340‑122‑0244
Cleanup Rules for Leaking Petroleum UST Systems: Risk-Based Concentrations 340‑122‑0250
Cleanup Rules for Leaking Petroleum UST Systems: Corrective Action Plan 340‑122‑0252
Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies 340‑122‑0260
Cleanup Rules for Leaking Petroleum UST Systems: Public Participation 340‑122‑0320
Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options 340‑122‑0325
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level 340‑122‑0330
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters 340‑122‑0335
Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards 340‑122‑0340
Cleanup Rules for Leaking Petroleum UST Systems: Sample Number and Location 340‑122‑0345
Cleanup Rules for Leaking Petroleum UST Systems: Sample Collection Methods 340‑122‑0355
Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Analytical Results 340‑122‑0360
Cleanup Rules for Leaking Petroleum UST Systems: Reporting Requirements 340‑122‑0510
Solid Waste Orphan Site Account: Purpose 340‑122‑0520
Solid Waste Orphan Site Account: Definitions 340‑122‑0530
Solid Waste Orphan Site Account: Eligible Sites 340‑122‑0540
Solid Waste Orphan Site Account: Funding Factors 340‑122‑0550
Solid Waste Orphan Site Account: Grants and Loans 340‑122‑0560
Solid Waste Orphan Site Account: Application Process 340‑122‑0570
Solid Waste Orphan Site Account: Funding Conditions 340‑122‑0580
Solid Waste Orphan Site Account: Application of Surcharge Proceeds 340‑122‑0590
Solid Waste Orphan Site Account: Limitations
Last Updated

Jun. 8, 2021

Rule 340-122-0073’s source at or​.us