Or. Admin. R. 340-122-0030

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-122-0030 - Scope and Applicability

These rules apply to the release or threat of release of hazardous substances into the environment, except as provided below:

(1) Exempted Releases. These rules shall not apply to releases exempted pursuant to ORS 465.200(21)(a), (b), (c), and (d).

(2) Conditional Exemption of Permitted Releases. These rules do not apply to permitted or authorized releases of hazardous substances, unless the Director determines that application of these rules might be necessary in order to protect public health, safety or welfare, or the environment. These rules may be applied to the deposition, accumulation, or migration resulting from otherwise permitted or authorized releases.

(3) Relationship to Other Cleanup Actions:

(a) Except as provided under subsection (3)(b) of this rule, these rules do not apply to releases where one of the following actions has been completed:

(A) Spill response pursuant to ORS 466.605 to 466.680;

(B) Oil spill cleanup on surface waters pursuant to ORS 468B.300 to 468B.500;

(C) Corrective action of a release of a hazardous waste pursuant to ORS 466.005 to 466.357;

(D) Cleanup pursuant to ORS 468B.005 to 468B.095.

(b) Where hazardous substances remain after completion of one of the actions referred to in subsection (3)(a), these rules apply if the Director determines that a preliminary assessment or additional investigation or remediation may be necessary to protect public health, safety, or welfare, or the environment.

(4) Corrective Action for Petroleum Releases from Underground Storage Tanks. OAR 340-122-0205 to 340-122-0360 shall apply to corrective action for releases of petroleum from underground storage tanks that are subject to ORS 466.706 to 466.835 and 466.895, except as provided under OAR 340-122-0215(2), authorizing the Director to order the remedial action or corrective action under OAR 340-122-0010 to 340-122-0110.

(5) Nothing in these rules regarding listing on the Confirmed Release List or the Inventory, OAR 340-122-0073 through 340-122-0079, shall be construed to be a prerequisite to or otherwise affect the liability of any person or the authority of the Director to undertake, order, or authorize a removal, remedial action, or other activities under ORS Chapter 465 or other applicable law.

(6) Any determination of current or reasonably likely future land uses or beneficial uses of water pursuant to these rules shall apply only for the purpose of selecting or approving removal or remedial actions under these rules.

Or. Admin. R. 340-122-0030

DEQ 26-1988, f. & cert. ef. 9-16-89; DEQ 29-1988, f. & cert. ef. 11-9-88; DEQ 15-1989, f. & cert. ef. 7-28-89 (and corrected 8-3-89 ); DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 12-1992, f. & cert. ef. 6-9-92; DEQ 2-1997, f. & cert. ef. 2-7-97

Stat. Auth.: ORS 465.400(1), ORS 465.405, ORS 466 & ORS 468.020

Stats. Implemented: ORS 465.200 - ORS 465.455 & ORS 465.900