Current through Register Vol. 63, No. 3, March 1, 2024
(1) For
the purpose of providing public information, the Director shall develop and
maintain an Inventory of facilities for which the Director:
(a) Has confirmed a release of a hazardous
substance in accordance with OAR
340-122-0073;
and
(b) Based on a preliminary
assessment approved or conducted by the Department, has determined that
additional investigation, removal, remedial action, or long-term environmental
or institutional controls related to removal or remedial action are required to
assure protection of present and future public health, safety and welfare, and
the environment.
(2) The
Inventory shall include, at a minimum, the items required for the Confirmed
Release List, described in OAR
340-122-0074(2),
and the following items, if known:
(a) Hazard
ranking and narrative information regarding threats to the environment and
public health; and
(b) Information
that indicates whether the remedial action at the facility will be funded
primarily by:
(A) The Department through the
use of moneys in the Hazardous Substance Remedial Action Fund;
(B) An owner or operator or other person
under an agreement, order, or consent decree under ORS Chapter 465;
or
(C) An owner or operator or
other person under other state or federal authority.
(3)
(a) At least 60 days before a facility is
added to the Inventory the Director shall notify the owner and operator, if
known, of all or any part of the facility of the proposed listing by certified
mail or personal service. The notice shall include a copy of the preliminary
assessment on which the listing is based, and the documentation used to
calculate a site score in accordance with OAR
340-122-0076(1)(a).
The notice may reference these documents if they have been previously provided.
The notice shall inform the owner and operator of the opportunity to comment on
the information contained in the preliminary assessment and on the proposed
site score 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 Inventory. Whenever the Director makes a decision to add
a facility to the Inventory, the Director shall make a written response to each
substantive comment and any material new data submitted during the comment
period.
(4) At least
quarterly, the Department shall publish notice of updates to the Inventory. The
notice shall include a brief description of the facilities added or removed,
and shall be published in the Secretary of State's Bulletin and submitted to
local newspapers of general circulation in locations affected by the listings
and to interested persons or community organizations.
Stat. Auth.: ORS 465.000(1), ORS 465.400(1), ORS 465.405, ORS
465.410 & ORS 468.020
Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900,
ORS 466.706 - ORS 466.835 & ORS
466.895
