Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 142 - OIL AND HAZARDOUS MATERIALS EMERGENCY RESPONSE REQUIREMENTS
Section 340-142-0120 - Information Requests, Inspections and Investigations
Current through Register Vol. 63, No. 3, March 1, 2024
(1) To determine the need for response to a spill or release or threatened spill or release under ORS 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, or enforce the provisions of 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses,applies, treats or disposes of oil or hazardous material must, upon the request of the Department:
(2) To carry out section (1) of this rule, the Department may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present.
(3) The Department may conduct an investigation as necessary to identify the person or persons responsible for a spill or release or threatened spill or release. The cost of this investigation is a cleanup cost and recoverable from the liable party or parties.
(4) ORS 192.501 provides that certain records (i.e., trade secrets) are exempt from disclosure under 192.410 to 192.505unless the public interest requires disclosure in a particular instance. Persons required to provide information under section (1) of this rule may request that the Department treat some or all of their information as exempt from public disclosure by:
Stat. Auth: ORS 466 & ORS 468
Stats. Implemented: ORS 192.501 ORS 466.190, ORS 466.610 & ORS 468.095