Or. Admin. R. 340-122-0074

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

Section 340-122-0074 - Development of Confirmed Release List

(1) For the purpose of providing public information, the Director shall develop and maintain a Confirmed Release List of all facilities for which the Director has confirmed a release of a hazardous substance in accordance with OAR 340-122-0073.

(2) The list shall include, at a minimum, the following items, if known:

(a) A general description of the facility;

(b) Address or location;

(c) Time period during which a release occurred;

(d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

(e) Type and quantity of a hazardous substance released at the facility;

(f) Manner of release of the hazardous substance;

(g) Concentration, distribution, and characteristics of a hazardous substance, if any, in groundwater, surface water, air, and soils at the facility; and

(h) Status of removal or remedial actions at the facility.

(3)

(a) At least 60 days before adding a facility to the Confirmed Release List, the Director shall notify the owner and operator, if known, of all or any part of the proposed facility by certified mail or personal service, and shall provide an opportunity to comment on the proposed listing within 45 days after receiving the notice. For good cause shown, the Department may grant an extension of up to 45 days for comment;

(b) The Director shall consider relevant and appropriate information submitted to the Department in determining whether to add a facility to the Confirmed Release List. Whenever the Director makes a decision to add a facility to the List, the Director shall make a written response to each substantive comment and any material new data submitted during the comment period.

Or. Admin. R. 340-122-0074

DEQ 29-1990, f. & cert. ef. 7-13-90; DEQ 2-1997, f. & cert. ef. 2-7-97; Renumbered from 340-122-0430; DEQ 9-1998, f. & cert. ef. 6-18-98

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

Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895