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Oregon Revised Statutes

Or. Rev. Stat. § 465.250 (2026)

Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality

✓ current as of May 2026
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      465.250 Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality. (1) Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated, stored, transported to, disposed of or released at a facility and the dates thereof, or to the identity or financial resources of a potentially responsible person, shall, upon request by the Department of Environmental Quality or its authorized representative, disclose or make available for inspection and copying such information, documents or records.

      (2) Upon reasonable basis to believe that there may be a release of a hazardous substance at or upon any property or facility, the department or its authorized representative may enter any property or facility at any reasonable time to:

      (a) Sample, inspect, examine and investigate;

      (b) Examine and copy records and other information; or

      (c) Carry out removal or remedial action or any other action authorized by ORS 465.200 to 465.485 and 465.900.

      (3) If any person refuses to provide information, documents, records or to allow entry under subsections (1) and (2) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry.

      (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the department or its authorized representative shall, upon request by the current owner or operator of the facility or property, provide a portion of any sample obtained from the property or facility to the owner or operator.

      (b) The department may decline to give a portion of any sample to the owner or operator if, in the judgment of the department or its authorized representative, apportioning a sample:

      (A) May alter the physical or chemical properties of the sample such that the portion of the sample retained by the department would not be representative of the material sampled; or

      (B) Would not provide adequate volume to perform the laboratory analysis.

      (c) Nothing in this subsection shall prevent or unreasonably hinder or delay the department or its authorized representative in obtaining a sample at any facility or property.

      (5) Persons subject to the requirements of this section may make a claim of confidentiality regarding any information, documents or records, in accordance with ORS 466.090. [Formerly 466.565]

Notes of Decisions
Cited in 3 cases, 1993–2006 · leading case: Cash Flow Investors, Inc. v. Union Oil Co., 862 P.2d 501 (Or. 1993).
Sort: Relevance Newest Treatment
Cash Flow Investors, Inc. v. Union Oil Co., 862 P.2d 501 (Or. 1993). “See also ORS 465.250(2)(c) (where there is a reasonable basis to believe that there may be a release of a hazardous substance at a facility, DEQ may enter the facility to “carry out removal or remedial action”); ORS 465.”
McDonald v. Sun Oil Co., 423 F. Supp. 2d 1114 (D. Or. 2006). “§ 465.250 et seq. (Oregon’s “Superfund” statute) and 42 U.”
Dep't of Env't Quality v. Baney Corp., 956 P.2d 1060 (Or. Ct. App. 1998). “DEQ then initiated this action, pursuant to ORS 465.250(3), which provides DEQ with authority to seek a court order requiring a property owner to allow DEQ entry to facilitate its hazardous waste removal or remedial action efforts.”
— Or. Rev. Stat. § 465.250(2)(c) — 1 case
Cash Flow Investors, Inc. v. Union Oil Co., 862 P.2d 501 (Or. 1993). “See also ORS 465.250(2)(c) (where there is a reasonable basis to believe that there may be a release of a hazardous substance at a facility, DEQ may enter the facility to “carry out removal or remedial action”); ORS 465.”
— Or. Rev. Stat. § 465.250(3) — 1 case
Dep't of Env't Quality v. Baney Corp., 956 P.2d 1060 (Or. Ct. App. 1998). “DEQ then initiated this action, pursuant to ORS 465.250(3), which provides DEQ with authority to seek a court order requiring a property owner to allow DEQ entry to facilitate its hazardous waste removal or remedial action efforts.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.