Oregon · statute · Or. Rev. Stat. ch. 468 · 134 active provisions
As used in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B, unless the context requires otherwise: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Director” m…
(1) There is created an Environmental Quality Commission. The commission shall consist of five members, appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. (2) The term of office of a member shall be four years, but the members of the commission may be removed by the…
It is the function of the Environmental Quality Commission to establish the policies for the operation of the Department of Environmental Quality in a manner consistent with the policies and purposes of ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468…
(1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission shall adopt such rules and standards as it considers necessary and proper in performing the functions vested by law in the commission. (2) Except as provided in ORS 183.335 (5), the commission shall cause a public…
There is hereby established in the executive-administrative branch of the government of the state under the Environmental Quality Commission a department to be known as the Department of Environmental Quality. The department shall consist of the Director of the Department of Environmental Quality and all personnel empl…
(1) Subject to policy direction by the Environmental Quality Commission, the Department of Environmental Quality: (a) Shall encourage voluntary cooperation by the people, municipalities, counties, industries, agriculture, and other pursuits, in restoring and preserving the quality and purity of the air and the waters o…
The Environmental Quality Commission shall appoint a director who shall hold office at the pleasure of the commission. The salary of the Director of the Department of Environmental Quality shall be fixed by the commission unless otherwise provided by law.
(1) Subject to policy direction by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall: (a) Be administrative head of the Department of Environmental Quality; (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign,…
(1) With the approval of the commission, the director may appoint a deputy director in the unclassified service who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be b…
The Department of Environmental Quality may accept payments by credit card for any products or services offered by the department. The department may add a fee to the amount of any payment made by credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related…
(1) The Department of Environmental Quality may impose a surcharge of four percent on each fee or invoice generated using the environmental data management system. (2) Notwithstanding the surcharge percentage rate described in subsection (1) of this section, the department shall reduce the surcharge percentage rate bel…
The Environmental Data Management System Fund is established in the State Treasury, separate and distinct from the General Fund. The Environmental Data Management System Fund consists of moneys deposited in the fund under ORS 468.053 and may include moneys appropriated, allocated, deposited or transferred to the fund b…
In addition to the authority granted under ORS 190.003 to 190.130, when authorized by the Environmental Quality Commission and the Oregon Health Authority, the Director of the Department of Environmental Quality and the Director of the Oregon Health Authority may contract on behalf of their respective agencies for the…
On its own motion after public hearing, the Environmental Quality Commission may grant specific authorization to the Oregon Health Authority or to any local public health authority, as defined in ORS 431.003, to enforce any rule of the commission relating to air or water pollution or solid wastes.
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Environmental Quality may require the fingerprints of a person who: (1) Is employed or applying for employment by the department in the department’s laboratory and is expected to be involved with the receipt…
Subject to any specific requirements imposed by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B: (1) Applications for all permits authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to…
(1) The Department of Environmental Quality may require an applicant for a permit or license authorized or required by ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535 and 454.605 to 454.755 and ORS chapters 459, 459A, 465, 466, 468, 468A and 468B to provide the department with information reason…
(1) Notwithstanding ORS 183.480 and 183.484, an association or organization has standing to seek judicial review of any final order, as defined in ORS 183.310, of the Department of Environmental Quality or of the Environmental Quality Commission that relates to a proceeding described in subsection (2) of this section i…
(1) At any time, the Department of Environmental Quality may refuse to issue, modify, suspend, revoke or refuse to renew any permit issued pursuant to ORS 468.065 if it finds: (a) A material misrepresentation or false statement in the application for the permit. (b) Failure to comply with the conditions of the permit.…
(1) The Department of Environmental Quality may enter into an agreement with any applicant, permittee or regulated entity setting a schedule of payments to the department for the purpose of enabling the department to expedite or enhance a regulatory process by contracting for services, hiring additional staff or coveri…
(1) On written request of the Director of the Department of Environmental Quality or the authorized representative of the director, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Environmental Quality for operating expenses for use by the department as…
As used in ORS 468.076 to 468.089: (1) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. (2) “Reciprocating jurisdiction” means a state of the Uni…
Any person in a reciprocating jurisdiction may bring an action or other proceeding in Oregon for injury or threatened injury to property or person in the reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon.
A person who suffers, or is threatened with, injury to the person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in Oregon, has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in Oregon as if the injury or threa…
The law to be applied in an action or other proceeding brought under ORS 468.076 to 468.087, including what constitutes “pollution,” is the law of Oregon excluding Oregon’s choice of law rules. Nothing in ORS 468.076 to 468.087 restricts the applicability of federal law in actions in which federal law is preemptive. No…