Current through Register Vol. 63, No. 3, March 1, 2024
(1) The
Director shall determine that a release of a hazardous substance has been
confirmed for the purposes of listing a facility on the Confirmed Release List
or the Inventory if the Director determines that the release meets the criteria
in subsections (a) and (b) of this section:
(a) The release has been documented by:
(A) An observation made and documented by a
qualified government inspector or agent;
(B) A written statement or report from an
owner, operator, or representative authorized by an owner or operator stating
that the release has occurred; or
(C) Laboratory data indicating the hazardous
substance has been detected at levels greater than background levels.
(b) The release is not excluded
under section (2) of this rule.
(2) A release shall not be defined as a
"confirmed release" pursuant to section (1) of this rule if, based on the
information available at the time a final listing decision is made, the
Director determines that the release meets any of the following criteria:
(a) The release is a de minimis
release;
(b) The release by its
nature rapidly dissipates to undetectable or insignificant levels and poses no
significant threat;
(c) The release
is a permitted or authorized release, but not including deposition,
accumulation, or migration of substances resulting from an otherwise-permitted
or authorized release;
(d) The
release is a pesticide product registered under the Federal Insecticide,
Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ) and applied for its intended
purpose in accordance with label directions, but not including deposition,
accumulation, or migration of substances resulting from an otherwise-authorized
release;
(e) The release has been
cleaned up to a level that is consistent with rules adopted by the Commission
under ORS 465.400 or ORS Chapter 466 or that poses no significant threat to
present or future public health, safety, welfare, or the environment;
or
(f) The release otherwise
requires no additional investigation, removal, remedial action, or long-term
environmental or institutional controls related to removal or remedial action
to assure protection of present and future public health, safety, welfare, and
the environment.
(3) A
release shall not be excluded pursuant to section (2) of this rule if
continuing environmental or institutional controls related to removal or
remedial action are required to assure protection of present and future public
health, safety, welfare, and the environment.
Publications: Publications referenced in this rule are
available from the agency.
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
