Hazardous Waste and Hazardous Materials II
Definitions for ORS 466.706 to 466.882 and 466.994
(1)“Commercial lending institution” means any financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), or any cooperative financial institution regulated by an agency of the federal government or this state.
(2)“Commission” means the Environmental Quality Commission.
(3)“Corrective action” means remedial action taken to protect the present or future public health, safety, welfare or the environment from a release of a regulated substance. “Corrective action” includes but is not limited to:
(a)The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of a regulated substance; or
(b)Transportation, storage, treatment or disposal of a regulated substance or contaminated material from a site.
(4)“Decommission” means to remove from operation an underground storage tank, including temporary or permanent removal from operation, abandonment in place or removal from the ground.
(5)“Department” means the Department of Environmental Quality.
(6)“Facility” means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site.
(7)“Fee” means a fixed charge or service charge.
(8)“Guarantor” means any person other than the permittee who by guaranty, insurance, letter of credit or other acceptable device, provides financial responsibility for an underground storage tank as required under ORS 466.815 (Financial responsibility of owner or permittee).
(9)“Heating oil tank” means an aboveground or underground tank and pipes connected to the tank that contain heating oil for heating a building with human habitation or water heating not used for commercial processing.
(10)“Heating oil tank service” means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from a heating oil tank.
(11)“Investigation” means monitoring, surveying, testing or other information gathering.
(12)“Local unit of government” means a city, county, special service district, metropolitan service district created under ORS chapter 268 or a political subdivision of the state.
(13)“Oil” means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
(14)“Owner” means the owner of an underground storage tank.
(15)“Permittee” means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or maintenance of an underground storage tank under a permit issued pursuant to ORS 466.760 (When permit required).
(16)“Person” means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity or the federal government or any agency of the federal government.
(17)“Regulated substance” means:
(a)Any substance listed by the United States Environmental Protection Agency in 40 C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (P.L. 96-510 and P.L. 98-80), but not including any substance regulated as a hazardous waste under 40 C.F.R. part 261 and OAR 340 Division 101;
(c)Any other substance designated by the commission under ORS 466.630 (Commission designation of substance as hazardous material).
(18)“Release” means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.
(19)“Stage I vapor collection system” means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.
(20)“Stage II vapor collection system” means a system where at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.
(21)“Underground storage tank” means any one or combination of tanks and underground pipes connected to the tank, used to contain an accumulation of a regulated substance, and the volume of which, including the volume of the underground pipes connected to the tank, is 10 percent or more beneath the surface of the ground.
(22)“Waters of the state” has the meaning given that term in ORS 468B.005 (Definitions for water pollution control laws). [1991 c.863 §12 (enacted in lieu of 466.705); 1997 c.631 §479; 1999 c.880 §10; 1999 c.979 §8]
§§ 466.705 to 466.835
Law Review Citations
28 WLR 377 (1992)
Law Review Citations
29 WLR 297 (1993)