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Oregon Revised Statutes

Or. Rev. Stat. § 465.400 (2026)

Rules; designation of hazardous substance

✓ current as of May 2026
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      465.400 Rules; designation of hazardous substance. (1) In accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 465.200 to 465.485 and 465.900.

      (2)(a) Within one year after July 16, 1987, the commission shall adopt rules establishing the levels, factors, criteria or other provisions for the degree of cleanup including the control of further releases of a hazardous substance, and the selection of remedial actions necessary to assure protection of the public health, safety, welfare and the environment.

      (b) In developing rules pertaining to the degree of cleanup and the selection of remedial actions under paragraph (a) of this subsection, the commission may, as appropriate, take into account:

      (A) The long-term uncertainties associated with land disposal;

      (B) The goals, objectives and requirements of ORS 466.005 to 466.385;

      (C) The persistence, toxicity, mobility and propensity to bioaccumulate of such hazardous substances and their constituents;

      (D) The short-term and long-term potential for adverse health effects from human exposure to the hazardous substance;

      (E) Long-term maintenance costs;

      (F) The potential for future remedial action costs if the alternative remedial action in question were to fail;

      (G) The potential threat to human health and the environment associated with excavation, transport and redisposal or containment; and

      (H) The cost effectiveness.

      (3)(a) By rule, the commission may designate as a hazardous substance any element, compound, mixture, solution or substance or any class of substances that, should a release occur, may present a substantial danger to the public health, safety, welfare or the environment.

      (b) Before designating a substance or class of substances as a hazardous substance, the commission must find that the substance, because of its quantity, concentration, or physical, chemical or toxic characteristics, may pose a present or future hazard to human health, safety, welfare or the environment should a release occur. [Formerly 466.553]

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Frontier Recovery, LLC v. Lane Cnty., 727 F. Supp. 2d 968 (D. Or. 2010).
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Frontier Recovery, LLC v. Lane Cnty., 727 F. Supp. 2d 968 (D. Or. 2010). “Plaintiff contends that the relevant case law only requires some form of DEQ involvement.”
— Or. Rev. Stat. § 465.400(2) — 1 case
Frontier Recovery, LLC v. Lane Cnty., 727 F. Supp. 2d 968 (D. Or. 2010). “Plaintiff contends that the relevant case law only requires some form of DEQ involvement.”
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