OAR 340-122-0130
Involuntary Acquisition of Property by the Government

(1)

State or local government ownership or control of property by involuntary acquisition or involuntary transfers within the meaning of ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource)(3)(a)(A) includes, but is not limited to:

(a)

Involuntary acquisitions by or transfers to a state or local government entity in its capacity as a sovereign, including transfers or acquisitions pursuant to abandonment proceedings, or as the result of tax delinquency, bankruptcy, or escheat, or other circumstances in which the government involuntarily obtains ownership or control of property by virtue of its function as sovereign;

(b)

Acquisitions by or transfers to a state or local government entity or its agent (including governmental lending and credit institutions, loan guarantors, loan insurers, and financial regulatory entities that acquire security interests or properties of failed private lending or depository institutions) acting as a conservator or receiver pursuant to statutory mandate or regulatory authority;

(c)

Acquisitions or transfers of assets through foreclosure or its equivalents or other means by a state or local government entity in the course of administering a governmental loan or loan guarantee or loan insurance program; and

(d)

Acquisitions by or transfers to a state or local government entity pursuant to seizure or forfeiture authority.

(2)

Nothing in this rule affects the applicability of OAR 340-122-0120 (Security Interest Exemption) to any security interest, property, or asset acquired by a state or local governmental entity pursuant to an involuntary acquisition or transfer.

(3)

Notwithstanding the exemptions in section (1) of this rule, a governmental entity may be subject to the independent bases of liability set forth in ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource).

(4)

This rule applies only to liability under ORS 465.200 (Definitions for ORS 465.200 to 465.545) et seq. and does not apply to any right that the state or any person may have under federal statute, common law, or state statute other than ORS 465.200 (Definitions for ORS 465.200 to 465.545) et seq. to recover remedial action costs or to seek any other relief related to a release.

Source: Rule 340-122-0130 — Involuntary Acquisition of Property by the Government, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-122-0130.

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 340-122-0130’s source at or​.us