OAR 340-122-0073: Confirmation of a Release

(1) The Director shall determine that a release of a hazardous substance has been confirmed for the purposes of listing a facility on the Confirmed Release List or the Inventory if the Director determines that the release meets the criteria in subsections (a) and (b) of this section: (a) The release has been documented by: (A) An observation made and documented by a qualified government inspector or agent; (B) A written statement or report from an owner, operator, or representative authorized by an owner or operator stating that the release has occurred; or (C) Laboratory data indicating the hazardous substance has been detected at levels greater than background levels. (b) The release is not excluded under section (2) of this rule. (2) A release shall not be defined as a “confirmed release” pursuant to section (1) of this rule if, based on the information available at the time a final listing decision is made, the Director determines that the release meets any of the following criteria: (a) The release is a de minimis release; (b) The release by its nature rapidly dissipates to undetectable or insignificant levels and poses no significant threat; (c) The release is a permitted or authorized release, but not including deposition, accumulation, or migration of substances resulting from an otherwise-permitted or authorized release; (d) The release is a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) and applied for its intended purpose in accordance with label directions, but not including deposition, accumulation, or migration of substances resulting from an otherwise-authorized release; (e) The release has been cleaned up to a level that is consistent with rules adopted by the Commission under ORS 465.400 or Chapter 466 or that poses no significant threat to present or future public health, safety, welfare, or the environment; or (f) The release otherwise requires no additional investigation, removal, remedial action, or long-term environmental or institutional controls related to removal or remedial action to assure protection of present and future public health, safety, welfare, and the environment. (3) A release shall not be excluded pursuant to section (2) of this rule if continuing environmental or institutional controls related to removal or remedial action are required to assure protection of present and future public health, safety, welfare, and the environment. [Publications: Publications referenced are available from the agency.]