OAR 340-122-0070: Removal

(1) Based upon the Preliminary Assessment or other information, the Director may perform, require to be performed, or approve a removal that the Director determines is consistent with the standards set forth under OAR 340-122-0040 and is necessary to prevent, minimize, or mitigate damage to the public health, safety and welfare, and the environment that might result from the release or threat of release of hazardous substances. A removal may address potential harm posed by the toxicity, corrosivity, flammability, ignitability, and other threats to public health, safety and welfare, and the environment from a release or threat of release. A removal may include, but is not limited to, offsite transport and disposal of hazardous substances if such action would be consistent with and expedite completion of remedial action or would minimize the need for onsite engineering or institutional controls. (2) The performance of a removal shall not affect the Director’s authority to perform or require to be performed a remedial action in addition to the removal, if such remedial action will permanently or more fully address a release or threat of release of hazardous substances. The Director may undertake or require that a removal be undertaken at any time from the discovery of a release or threat of a release through the completion of a remedial action.