Current through Register Vol. 63, No. 3, March 1, 2024
The Department shall determine the order in which to use funds
from the Account using standardized site assessment prioritization criteria.
The criteria shall include but not be limited to:
(1) Risk to the environment based on the
following:
(a) Solvent and waste
containment;
(b) Depth to which
soil is contaminated with dry cleaning solvent;
(c) Depth to groundwater;
(d) Distance to known groundwater
wells;
(e) Soil type;
(f) Distance to surface water;
(g) Quantity of soil or groundwater
contaminated with dry cleaning solvent;
(h) Current and reasonably likely future use
of groundwater and land affected by contamination;
(i) Toxicity of dry cleaning
solvent;
(j) Water solubility of
dry cleaning solvent;
(k) Land use
and sensitive populations near hazardous substance;
(l) Vulnerable areas near hazardous
substance; and
(m) Likelihood for
direct exposure to hazardous substance.
(2) Each facility's risk relative to the risk
posed by other facilities.
(3) The
need for removal or remedial action at the dry cleaning facility relative to
Account availability.
(4) The
nature of the activities for which expenditures are necessary, in the following
order of preference:
(a) Direct cost of
cleanup, provided that adequate technical investigation has been
completed;
(b) Direct cost of
technical investigation and remedy evaluation;
(c) Administrative and indirect costs;
and
(d) Enforcement, cost recovery
and legal actions.
(5)
The Department may also consider the following:
(a) The release was caused by gross
negligence of the dry cleaning business owner, dry cleaning property owner or
dry cleaning operator;
(b) The
release resulted from an action or omission that was a violation by the dry
cleaning business owner, dry cleaning property owner or dry cleaning operator
of federal or state laws in effect at the time of the release, including but
not limited to waste minimization requirements imposed under OAR
340-124;
(c) The dry cleaning
business owner, dry cleaning property owner or dry cleaning operator willfully
concealed a release of dry cleaning solvent contrary to laws and regulations in
effect at the time of the release or did not comply with release reporting
requirements applicable at the time of the release;
(d) The dry cleaning business owner, dry
cleaning property owner or dry cleaning operator denies access or unreasonably
hinders or delays removal or remedial action necessary at the facility;
or
(e) The dry cleaning operator of
the facility where the release occurred has failed to pay fees under ORS
465.517 to 465.523 in relation to dry cleaning activity at any dry cleaning
facility.
Note: The above provisions are contained in ORS
465.503(3).
(6)
In instances when redevelopment or other activity at a contaminated dry cleaner
site creates an opportunity to reduce the cost of remedial action, the
Department may include the cost savings into the prioritization.
(7) For low priority sites the site
assessment prioritization scores will be increased each year the site is on the
program waiting list.
Stat. Auth.: ORS 465.505(5), ORS 468.020
Stats. Implemented: ORS
465.510(3)
