Hazardous Waste and Hazardous Materials II
Commission authority to establish sites for which notice is required
- report to Legislative Assembly
(1)The Environmental Quality Commission may establish by rule adopted under ORS chapter 183:
(a)A list of sites for which environmental hazard notices must be given and use restrictions must be imposed. The list shall be consistent with the policy set forth in ORS 466.360 (Policy) and may include any of the following sites that contain potential hazards to the health, safety and welfare of Oregon’s citizens:
(A)A land disposal site as defined by ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665);
(B)A hazardous waste disposal site as defined by ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385);
(C)A disposal site containing radioactive waste as defined by ORS 469.300 (Definitions); and
(b)The form and content of use restrictions to be imposed on the sites, which shall require at least that post-closure use of the site not disturb the integrity of the final cover, liners or any other components of any containment system or the function of the facility’s monitoring systems, unless the Department of Environmental Quality finds that the disturbance:
(A)Will not increase the potential hazard to human health or the environment; or
(B)Is necessary to reduce a threat to human health or the environment.
(c)The form and content of the environmental hazard notices to be filed with cities and counties.
(d)The circumstances allowing and procedures for removal or amendment of environmental hazard notices and use restrictions provided by the department.
(e)Any other provisions the commission considers necessary for the department to accomplish the purpose of ORS 466.360 (Policy) to 466.385 (Amendment of comprehensive plan and land use regulations).
(2)Spills and releases cleaned up pursuant to ORS 466.205 (Liability for improper disposal of waste) and 468B.315 (Duty to collect and remove oil) shall not be listed as sites to be regulated under subsection (1) of this section.
(3)Before hearings on and adoption of rules under subsection (1) of this section, the department shall notify each person who owns a disposal site or an owner or operator of a facility of the rulemaking proceedings.
(4)The department shall report to each Legislative Assembly on any site or facility for which environmental hazard notices and use restrictions have been amended or removed as provided by rule adopted under subsection (1)(d) of this section.
(5)The commission shall not list a site, spill or release under subsection (1) of this section, if the commission finds that within 90 days of receipt of notice under subsection (3) of this section, the owner cleaned up the site, spill or release so it is no longer a potential hazard to the health, safety and welfare of Oregon’s citizens.
(6)As used in this section, “facility” has the meaning given in ORS 465.200 (Definitions for ORS 465.200 to 465.545). [1985 c.273 §3; 1987 c.735 §25; 1991 c.480 §10]
Law Review Citations
29 WLR 297 (1993)