Statute Text
Functions of department.
(1) Subject to policy direction by the Environmental Quality Commission, the
Department of Environmental Quality:
(a) Shall
encourage voluntary cooperation by the people, municipalities, counties,
industries, agriculture, and other pursuits, in restoring and preserving the
quality and purity of the air and the waters of the state in accordance with
rules and standards established by the commission.
(b) May conduct
and prepare, independently or in cooperation with others, studies,
investigations, research and programs pertaining to the quality and purity of
the air or the waters of the state and to the treatment and disposal of wastes.
(c) Shall advise,
consult, and cooperate with other agencies of the state, political
subdivisions, other states or the federal government, in respect to any
proceedings and all matters pertaining to control of air or water pollution or
for the formation and submission to the legislature of interstate pollution
control compacts or agreements.
(d) May employ
personnel, including specialists and consultants, purchase materials and
supplies, and enter into contracts necessary to carry out the purposes set
forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(e) Shall conduct
and supervise programs of air and water pollution control education, including
the preparation and distribution of information regarding air and water
pollution sources and control.
(f) Shall provide
advisory technical consultation and services to units of local government and
to state agencies.
(g) Shall develop
and conduct demonstration programs in cooperation with units of local
government.
(h) Shall serve
as the agency of the state for receipt of moneys from the federal government or
other public or private agencies for the purposes of air and water pollution
control, studies or research and to expend moneys after appropriation thereof
for the purposes given.
(i) Shall make
such determination of priority of air or water pollution control projects as
may be necessary under terms of statutes enacted by the Congress of the United
States.
(j) Shall seek
enforcement of the air and water pollution laws of the state.
(k) Shall
institute or cause to be instituted in a court of competent jurisdiction,
proceedings to compel compliance with any rule or standard adopted or any order
or permit, or condition thereof, issued pursuant to ORS 448.305, 454.010 to
454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS
chapters 468, 468A and 468B.
(L) Shall
encourage the formulation and execution of plans in conjunction with air and
water pollution control agencies or with associations of counties, cities,
industries and other persons who severally or jointly are or may be the source
of air or water pollution, for the prevention and abatement of pollution.
(m) May
determine, by means of field studies and sampling, the degree of air or water
pollution in various regions of the state.
(n) May perform
such other and further acts as may be necessary, proper or desirable to carry
out effectively the duties, powers and responsibilities of the department as
set forth in ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to
454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B.
(o) Shall
coordinate any activities of the department related to a watershed enhancement
project approved by the Oregon Watershed Enhancement Board under ORS 541.932
with activities of other cooperating state and federal agencies participating
in the project.
(2) Nothing in
this section shall affect the authority of the Oregon Health Authority to make
and enforce rules:
(a) Regarding the
quality of water for human or animal consumption pursuant to ORS 448.115 to
448.325, 624.010 to 624.121 and 624.310 to 624.430; and
(b) Regarding the
quality of water for public swimming places pursuant to ORS 431.001 to 431.550
and 431.990.
(3) Nothing in
this section shall prevent the State Department of Agriculture or the State
Forestry Department from independently receiving moneys from a public or
private agency for the purposes of preventing or controlling air or water
pollution resulting from agricultural or silvicultural activities or soil
erosion, or for research related to such purposes.
(4)(a) In
awarding a public contract under ORS 279.835 to 279.855 or ORS chapter 279A,
279B or 279C for a removal or remedial action pursuant to ORS 465.200 to
465.485, a corrective action or cleanup action pursuant to ORS 466.005 to
466.385, 466.605 to 466.680 or 466.706 to 466.882 or a removal pursuant to ORS
468B.005 to 468B.030, 468B.035, 468B.048 to 468B.085, 468B.090, 468B.093,
468B.095 and 468B.300 to 468B.500, the department, and the Oregon Department of
Administrative Services, when administering the establishment of such a
contract on behalf of the Departme