Oregon Statutes 466.605 – Definitions for ORS 466.605 to 466.680
As used in ORS § 466.605 to 466.680 and 466.990 (3) and (4):
Terms Used In Oregon Statutes 466.605
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) ‘Barrel’ means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) ‘Cleanup’ means the containment, collection, removal, treatment or disposal of oil or hazardous material, site restoration and any investigations, monitoring, surveys, testing and other information gathering required or conducted by the Department of Environmental Quality.
(3) ‘Cleanup costs’ means all costs associated with the cleanup of a spill or release incurred by the state, its political subdivision or any person with written approval from the department when implementing ORS § 466.205, 466.605 to 466.680, 466.990 (3) and (4) and 466.995 (2) or 468B.320.
(4) ‘Commission’ means the Environmental Quality Commission.
(5) ‘Department’ means the Department of Environmental Quality.
(6) ‘Director’ means the Director of the Department of Environmental Quality.
(7) ‘Hazardous material’ means one of the following:
(a) A material designated by the commission under ORS § 466.630.
(b) Hazardous waste as defined in ORS § 466.005.
(c) Radioactive waste as defined in ORS § 469.300, radioactive material identified by the Energy Facility Siting Council under ORS § 469.605 and radioactive substances as defined in ORS § 453.005.
(d) Communicable disease agents as regulated by the Oregon Health Authority under ORS § 431.001 to 431.550, 431.990, 431A.005 to 431A.020, 433.001 to 433.045 and 433.110 to 433.770.
(e) Hazardous substances designated by the United States Environmental Protection Agency under section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.
(8) ‘Oils’ or ‘oil’ includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product.
(9) ‘Person’ means an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the federal government and any agency thereof.
(10) ‘Reportable quantity’ means one of the following:
(a) A quantity designated by the commission under ORS § 466.625.
(b) The least of:
(A) The quantity designated for hazardous substances by the United States Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended;
(B) The quantity designated for hazardous waste under ORS § 466.005 to 466.385, 466.990 (1) and (2) and 466.992;
(C) Any quantity of radioactive material, radioactive substance or radioactive waste;
(D) If spilled into waters of the state, or escape into waters of the state is likely, any quantity of oil that would produce a visible oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission under ORS § 466.625.
(11) ‘Respond’ or ‘response’ means:
(a) Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release of oil or hazardous material;
(b) First aid, rescue or medical services, and fire suppression; or
(c) Containment or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or the environment that may result from a spill or release or threatened spill or release if action is not taken.
(12) ‘Spill or release’ means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking or placing of any oil or hazardous material into the air or into or on any land or waters of the state, as defined in ORS § 468B.005, except as authorized by a permit issued under ORS Chapter 454, 459, 459A, 468, 468A, 468B or 469, ORS § 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal law or while being stored or used for its intended purpose.
(13) ‘Threatened spill or release’ means oil or hazardous material is likely to escape or be carried into the air or into or on any land or waters of the state, including from a ship as defined in ORS § 468B.300 that is in imminent danger of sinking. [1985 c.733 § 1; 1987 c.735 § 26; 1989 c.6 § 14; 1993 c.422 § 28; 1997 c.249 § 162; 2007 c.445 § 41; 2009 c.595 § 946; 2013 c.680 § 19; 2015 c.736 § 100; 2017 c.17 § 41]