ORS 468.155
Definitions for ORS 468.155 to 468.190


(1)

Intentionally left blank —Ed.

(a)

As used in ORS 468.155 (Definitions for ORS 468.155 to 468.190) to 468.190 (Allocation of costs to pollution control), unless the context requires otherwise, “pollution control facility” or “facility” means any land, structure, building, installation, excavation, machinery, equipment or device, or any addition to, reconstruction of or improvement of, land or an existing structure, building, installation, excavation, machinery, equipment or device reasonably used, erected, constructed or installed by any person if:

(A)

The principal purpose of such use, erection, construction or installation is to comply with a requirement imposed by the Department of Environmental Quality, the federal Environmental Protection Agency or regional air pollution authority to prevent, control or reduce air, water or noise pollution or solid or hazardous waste or to recycle or provide for the appropriate disposal of used oil; or

(B)

The sole purpose of such use, erection, construction or installation is to prevent, control or reduce a substantial quantity of air, water or noise pollution or solid or hazardous waste or to recycle or provide for the appropriate disposal of used oil.

(b)

Such prevention, control or reduction required by this subsection shall be accomplished by:

(A)

The disposal or elimination of or redesign to eliminate industrial waste and the use of treatment works for industrial waste as defined in ORS 468B.005 (Definitions for water pollution control laws);

(B)

The disposal or elimination of or redesign to eliminate air contaminants or air pollution or air contamination sources and the use of air cleaning devices as defined in ORS 468A.005 (Definitions for air pollution laws);

(C)

The substantial reduction or elimination of or redesign to eliminate noise pollution or noise emission sources as defined by rule of the Environmental Quality Commission;

(D)

The use of a material recovery process which obtains useful material from material that would otherwise be solid waste as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385), or used oil as defined in ORS 459A.555 (Definitions for ORS 459A.552 to 459A.599); or

(E)

The treatment, substantial reduction or elimination of or redesign to treat, substantially reduce or eliminate hazardous waste as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385).

(2)

Intentionally left blank —Ed.

(a)

As used in ORS 468.155 (Definitions for ORS 468.155 to 468.190) to 468.190 (Allocation of costs to pollution control), “pollution control facility” or “facility” includes a nonpoint source pollution control facility.

(b)

As used in this subsection, “nonpoint source pollution control facility” means a facility that the Environmental Quality Commission has identified by rule as reducing or controlling significant amounts of nonpoint source pollution.

(3)

As used in ORS 468.155 (Definitions for ORS 468.155 to 468.190) to 468.190 (Allocation of costs to pollution control), “pollution control facility” or “facility” does not include:

(a)

Air conditioners;

(b)

Septic tanks or other facilities for human waste;

(c)

Property installed, constructed or used for moving sewage to the collecting facilities of a public or quasi-public sewerage system;

(d)

Any distinct portion of a pollution control facility that makes an insignificant contribution to the principal or sole purpose of the facility including the following specific items:

(A)

Office buildings and furnishings;

(B)

Parking lots and road improvements;

(C)

Landscaping;

(D)

External lighting;

(E)

Company or related signs; and

(F)

Automobiles;

(e)

Replacement or reconstruction of all or a part of any facility for which a pollution control facility certificate has previously been issued under ORS 468.170 (Action on application), except:

(A)

If the cost to replace or reconstruct the facility is greater than the like-for-like replacement cost of the original facility due to a requirement imposed by the department, the federal Environmental Protection Agency or a regional air pollution authority, then the facility may be eligible for tax credit certification up to an amount equal to the difference between the cost of the new facility and the like-for-like replacement cost of the original facility; or

(B)

If a facility is replaced or reconstructed before the end of its useful life then the facility may be eligible for the remainder of the tax credit certified to the original facility;

(f)

Asbestos abatement; or

(g)

Property installed, constructed or used for cleanup of emergency spills or unauthorized releases, as defined by the commission. [Formerly 449.605; 1975 c.496 §1; 1977 c.795 §1; 1979 c.802 §1; 1983 c.637 §1; 1987 c.596 §4; 1989 c.802 §4; 1999 c.826 §1]

Source: Section 468.155 — Definitions for ORS 468.155 to 468.190, https://www.­oregonlegislature.­gov/bills_laws/ors/ors468.­html.

468.005
Definitions
468.010
Environmental Quality Commission
468.015
Functions of commission
468.020
Rules and standards
468.030
Department of Environmental Quality
468.035
Functions of department
468.040
Director
468.045
Functions of director
468.050
Deputy director
468.052
Payment by credit card
468.053
Surcharge on fee or invoice
468.054
Environmental Data Management System Fund
468.055
Contracts with Oregon Health Authority
468.060
Enforcement of rules by local health authorities
468.062
Authority of Department of Environmental Quality to require fingerprints
468.065
Issuance of permits
468.066
History of compliance with environmental quality laws
468.067
Organizational standing to seek judicial review of final order in Title V permit proceeding
468.070
Denial, modification, suspension or revocation of permits
468.073
Expedited or enhanced regulatory process
468.075
Revolving fund
468.076
Definitions for ORS 468.076 to 468.089
468.078
Action for pollution originating in Oregon
468.079
Action for pollution originating in reciprocating jurisdiction
468.080
Applicability of Oregon law
468.081
Rights of injured person
468.083
Right conferred under ORS 468.076 to 468.087 in addition to other rights
468.085
Sovereign immunity defense
468.087
Application and construction of ORS 468.076 to 468.087
468.089
Short title
468.090
Complaint procedure
468.095
Investigatory authority
468.100
Enforcement procedures
468.110
Appeal
468.115
Enforcement in cases of emergency
468.120
Public hearings
468.126
Advance notice
468.130
Schedule of civil penalties
468.135
Imposition of civil penalties
468.140
Civil penalties for specified violations
468.148
Legislative findings and declarations
468.149
Assessment of final changes to federal environmental law
468.150
Field sanitation and straw utilization and disposal methods as “pollution control facilities.”
468.153
Legislative findings and declarations
468.155
Definitions for ORS 468.155 to 468.190
468.160
Policy
468.163
Commencement of construction or installation of facility
468.165
Application for certification of pollution control facilities
468.167
Application for precertification
468.170
Action on application
468.172
“Environmental management system” defined
468.173
Applicable percentage of certified cost of facility eligible for tax credit
468.180
Conditions for issuance of certificate under ORS 468.170
468.183
Revocation of certification for loss of Green Permit
468.185
Procedure to revoke certification
468.190
Allocation of costs to pollution control
468.195
Issuance of bonds authorized
468.215
Pollution Control Fund
468.220
Department to administer fund
468.225
Investment of gross proceeds of agency bonds or other obligations
468.230
Pollution Control Sinking Fund
468.240
Remedy where default occurs on payment to state
468.245
Acceptance of federal funds
468.250
Participation in matching fund programs with federal government
468.253
Authority of director to act to benefit fund
468.255
Limit on grants and loans
468.260
Return of unexpended funds to state required
468.263
Definitions for ORS 468.263 to 468.272
468.264
Policy
468.265
Powers of county over pollution control facilities
468.266
Issuance of bonds
468.267
Security for bonds
468.268
Enforcement of bond obligation
468.269
Trustees
468.270
Tax status of leasehold interest in facilities
468.271
Effect on procedure of awarding contracts
468.272
Application of other laws relating to bonds
468.423
Definitions for ORS 468.423 to 468.440
468.425
Policy
468.427
Water Pollution Control Revolving Fund
468.428
Lottery bonds
468.429
Uses of revolving fund
468.431
Water Pollution Control Administration Fund
468.433
Duties of department
468.437
Loan applications
468.439
Borrowing authority of public agency
468.440
Loan terms and interest rates
468.442
Definitions
468.444
Zero-emission and electric vehicle rebate program
468.446
Charge Ahead Oregon Program
468.448
Audits
468.449
Zero-Emission Incentive Fund
468.501
Definitions for ORS 468.501 to 468.521
468.503
Purpose of Green Permits
468.506
Commission rulemaking to carry out Green Permit program
468.508
Eligibility for Green Permit
468.511
Environmental laws not applicable to facility operating under Green Permit
468.513
Judicial review of agency decision on issuance of Green Permit
468.516
Termination of Green Permit
468.518
Application for permit or approval affected by termination of Green Permit
468.521
Recovery of costs of agency in developing, negotiating and publicizing Green Permit
468.531
Legislative findings
468.533
Willamette River Cleanup Authority
468.581
Definitions for ORS 468.581 to 468.587
468.583
Policy
468.585
Legislative findings
468.587
State agencies and ecosystem services
468.920
Definitions for ORS 468.922 to 468.956
468.922
Unlawful disposal, storage or treatment of hazardous waste in the second degree
468.924
Applicability of ORS 161.655
468.926
Unlawful disposal, storage or treatment of hazardous waste in the first degree
468.929
Unlawful transport of hazardous waste in the second degree
468.931
Unlawful transport of hazardous waste in the first degree
468.933
Determination of number of punishable offenses under ORS 468.922, 468.926, 468.929 and 468.931
468.936
Unlawful air pollution in the second degree
468.939
Unlawful air pollution in the first degree
468.941
Determination of number of punishable offenses under ORS 468.936 and 468.939
468.943
Unlawful water pollution in the second degree
468.946
Unlawful water pollution in the first degree
468.948
Unlawful motorized in-stream placer mining
468.949
Determination of number of punishable offenses under ORS 468.943 and 468.946
468.951
Environmental endangerment
468.953
Supplying false information to agency
468.956
Refusal to produce material subpoenaed by commission
468.959
Upset or bypass as affirmative defense
468.961
Approval of Attorney General or district attorney before bringing felony charge
468.962
Notice to Department of Revenue of environmental felony
468.963
Environmental audit privilege
468.996
Civil penalty for intentional or reckless violation
468.997
Joinder of certain offenses
Green check means up to date. Up to date