The Department of Environmental Quality shall: (1) In cooperation with other natural resource agencies, develop a method of natural resource valuation that fully incorporates nonmarket and market values in assessing damages resulting from oil discharges; (2) Work with other potentially affected states to develop a joint oil discharge prevention education program for operators of fishing […]
The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall: (1) Work with agencies responsible for wildlife protection in other west coast states; (2) Rely upon the oil wildlife rehabilitation plan developed under […]
(1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.400: (a) Cargo and passenger vessels, $220 per trip. (b) Nonself-propelled tank vessels: (A) Having […]
(1) The Oil Spill Prevention Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil and hazardous material spill prevention and the fees collected under ORS 468B.405 […]
(1) By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses: (a) The fees assessed under ORS 468B.405 on covered vessels and offshore and onshore facilities; (b) The activities of the department under ORS […]
(1) There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the Department of Environmental Quality also shall consult with the State of Washington to establish a joint regional safety committee for the Columbia River and may appoint a subcommittee for the […]
If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rules to implement the committee’s recommendations under ORS 468B.415 (5)(c)(C) […]
(1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by a state official responsible for […]
(1) A railroad that owns or operates a high hazard train route in this state shall have an oil spill prevention and emergency response plan that has been approved by the Department of Environmental Quality. (2)(a) A railroad must submit a contingency plan for a high hazard train route to the department within 90 days […]
(1) A contingency plan for a high hazard train route required under ORS 468B.427 must: (a) Identify the high hazard train route for which the contingency plan is prepared. (b) Demonstrate the capacity of the railroad that owns or operates the high hazard train route, both in material resources and finances, for the cleanup of […]
(1) The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan: (a) Meets the requirements of ORS 468B.429; and (b) If implemented, is capable, to the maximum extent practicable in terms of personnel, materials and equipment, […]
(1) A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad shall submit an updated statement at least once every five years, together with […]
(1) The High Hazard Train Route Oil Spill Preparedness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Hazard Train Route Oil Spill Preparedness Fund shall be credited to the fund. (2) The fund shall consist of: (a) All moneys placed in the fund as […]
The Environmental Quality Commission may adopt rules as necessary for the implementation of ORS 468B.427, 468B.429, 468B.431, 468B.433 and 468B.435. [2019 c.581 §10]
(1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be determined by the Director of the Department […]
(1) There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund. (2) All penalties recovered under ORS 468B.450 (1) shall be paid into the Oil Spillage Control Fund. Such moneys […]
The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821]
The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance for ships that transport oil and other hazardous material in the waters of […]
(1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission: (a) Evidence of insurance; (b) Surety bond; (c) Qualifications as a self-insurer; or (d) Any other evidence of financial assurance approved by the commission. (2) Any bond filed shall be issued […]
(1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard train routes. In developing the response plan, the department shall work with […]
