Oregon Code § 466.225·Enacted ·Last updated March 01, 2026
Statute Text
Monitoring site; access.
(1) If the Department of Environmental Quality determines that the presence of
hazardous waste at a facility or site at which hazardous waste is or has been
stored, treated or disposed of, or that the release of hazardous waste from a
hazardous waste storage, treatment or disposal facility or site may present a
substantial hazard to human health or the environment, the department may order
the owner or operator of the facility or site to conduct any monitoring,
testing, analysis and reporting as the department considers necessary to
determine the nature and extent of the hazard.
(2) If a facility
or site is not in operation at the time a determination is made under
subsection (1) of this section and the department finds that the owner of the
facility or site could not reasonably be expected to have actual knowledge of
the presence of hazardous waste at the facility or site and of its potential
for release, the department may order the most recent previous owner or
operator of the facility or site, who could most reasonably be expected to have
such actual knowledge, to carry out the actions required in subsection (1) of
this section.
(3) Within 30
days after the department issues an order under subsection (1) or (2) of this
section, the person to whom the order is issued shall submit to the department
a proposal for carrying out the required monitoring, testing, analysis and
reporting. The department may require the person to carry out the monitoring,
testing, analysis and reporting described in the proposal and in any
modifications to the proposal that the department considers necessary to
determine the nature and extent of the hazard.
(4) If the
department determines that an owner or operator is not able to conduct
monitoring, testing, analysis or reporting required under subsection (1) or (2)
of this section in a manner satisfactory to the department, or if the
department considers any such action carried out by an owner or operator to be
unsatisfactory, or if the owner or operator fails to comply with the order, or
if the department initially cannot determine that there is an owner or operator
able to conduct such monitoring, testing, analysis or reporting, the department
may:
(a)(A) Conduct
any monitoring, testing or analysis that the department considers reasonable to
determine the nature and extent of the hazard associated with the facility or
site; or
(B) Authorize
another state agency, local authority or person to conduct the necessary
monitoring, testing or analysis; and
(b) Require, by
order, the owner or operator to reimburse the department, state agency, local
authority or person for the costs of conducting the monitoring, testing or
analysis.
(5) The
department may not require an owner or operator to reimburse the department for
the costs of any action carried out by the department under subsection (4) of
this section if the departments actions confirm the results of monitoring,
testing, analyses or reporting conducted by an owner or operator under
subsection (1) or (2) of this section.
(6) Any order
issued under this section shall be subject to the provisions set forth in ORS