Or. Admin. Code § 123-130-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-130-0020 - Definitions

For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division, the following terms mean:

(1) "Collateral" means property, real or personal, whether now owned or existing or hereafter acquired or arising, which is subject to a lien, security interest, pledge, or assignment in favor of the Department.

(2) "Contribution" means cash, a reduction in land sale price, a donation of real property or personal services of value; or some other like act that offsets the benefit of receiving sums from the Fund that are conveyed on a recipient or site owner who is a potentially responsible party for a release of a hazardous substance or is potentially liable for the cost of cleanup at the site according to ORS 465.255.

(3) "Distressed area" has the meaning given in 285A.010(9).

(4) "Environmental Action" means any of the following activities undertaken to:

(a) Determine if a release has occurred, if the release, or potential release, poses a significant threat to human health or the environment, or if additional remedial actions may be required at the site.

(b) Conduct a remedial investigation and a feasibility study.

(c) Plan for remedial action or removal action.

(d) Removal or remediation of heating oil or nonresidential underground storage tanks.

(e) Any action described under ORS 285A.193(3)(A) or (B).

(f) Conduct a remedial action or removal action at a site.

(5) "Environmental Justice" means community-based issues, concerns, or problems resulting from the disparate effects caused by the placement and/or proximity of facilities that negatively impact minority or low-income populations.

(6) "Environmental Service Professional" means an entity that has the necessary education, training, experience, capacity, expertise, or is otherwise licensed or certified to conduct environmental actions.

(7) "Facility" means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel. Facility has the meaning given in ORS 465.200.

(8) "Fund" means the Brownfields Properties Revitalization Fund.

(9) "Geologist or Professional Engineer" means an environmental service professional licensed or otherwise certified in the State of Oregon to perform remedial action as described in ORS 285A.193(A).

(10) "Government Agency" means the applicable regulatory enforcement authority for compliance orders for owners or operators of brownfields to take action.

(11) "Hazardous Substance" has the meaning given in ORS 465.200.

(12) "Hospital Buildings or Community Health Care Facilities" has the meaning given to Hospitals in ORS 442.015(15) and the meaning given to Health Care Facility in ORS 442.0015(12).

(13) "Institutional Controls" has the meaning given in ORS 465.315 and OAR 340-122-0115(32).

(14) "Median Income" means the median household income from the most recent U.S. Census data and any adjustments since the most recent census from the American Community Survey and other data sources acceptable to the Department.

(15) "Natural Areas" means a unit of land or water or both that has substantially retained its natural character, or, if altered in character or in the process of being restored, shall in addition to its natural heritage resource values, be valuable as habitat for plant and animal species or for the study and appreciation of natural features.

(16) "Non-Profit" means an organization certified under sections 501(c)(2) through (4) and (6) through (8) and (10) of the Internal Revenue Code.

(17) "Operator" means the person or entity with rights to possess and use a site for a business purpose through a legally binding agreement or legal relationship with a site owner.

(18) "Owner" means the person with legal ownership of a site according to the records of the county recorder.

(19) "Person" means any individual, association of individuals, company, joint venture, partnership, non-profit or for-profit corporation.

(20) "Private" means any person as defined.

(21) "Project" and "Project Description" means the resulting combination of the site, the proposed activities to be performed, the proposed or likely redevelopment use, and any other information stated in the Fund application.

(22) "Prospective Purchaser Program" refers to ORS 465.327 and associated administrative rules.

(23) "Public Parks" means any park, natural area, wayside, corridor, scenic area, monument, historic structure or area, trail, or recreation area owned by a state or local government agency.

(24) "Release" has the meaning given in ORS 465.200.

(25) "Rural area" has the meaning given in ORS 285A.010(14).

(26) "Scope of Work" means a detailed plan to perform in part or in whole an environmental action.

(27) "Site" means the parcel or parcels of real property on which the environmental actions or other activities for which eligible costs are sought will be performed.

(28) "Site Characterization" means investigation or assessment to Site characterization may include delineating the nature and extent of contamination in soil, groundwater, soil vapor, and surface water. This review provides a level of detail comparable to a "preliminary assessment" (PA) as described in OAR 340-122-0072 and may be comparable to a "Phase II Environmental Site Assessment" under ASTM Standard E 1903.

(29) "Site Investigation" means a historic use investigation of the site involving, but not limited to, the analysis of aerial photos, public and private records, personal interviews, and other documents and data sources to determine the likelihood of a release of a hazardous substance at the site or facility. This review provides a level of detail comparable to a "Phase I" review under ASTM Standards E1527 and 1528 and is often a desktop review without any sampling.

(30) "Site Sampling" means systematically obtaining and analyzing representative samples from the site of relevant media such as soil and water to determine the presence of and/or the concentration of the contamination and/or identify the specific substances or compounds comprising the contamination. Sampling is a critical component of the "preliminary assessment" (PA) conducted under OAR 340-122-0072 or the ASTM "Phase II" under E-1903.

(31) "Wildfire" means an event as described in an Executive Order in accordance with ORS 476.510 to 476.610.

Or. Admin. Code § 123-130-0020

OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/3/2022 through 5/1/2023; OBDD 5-2023, adopt filed 01/26/2023, effective 1/26/2023

Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198

Statutes/Other Implemented: ORS 285A.193 - 285A.198