OAR 340-122-0075: Development of Inventory

(1) For the purpose of providing public information, the Director shall develop and maintain an Inventory of facilities for which the Director: (a) Has confirmed a release of a hazardous substance in accordance with OAR 340-122-0073; and (b) Based on a preliminary assessment approved or conducted by the Department, has determined that additional investigation, removal, remedial action, or long-term environmental or institutional controls related to removal or remedial action are required to assure protection of present and future public health, safety and welfare, and the environment. (2) The Inventory shall include, at a minimum, the items required for the Confirmed Release List, described in OAR 340-122-0074(2), and the following items, if known: (a) Hazard ranking and narrative information regarding threats to the environment and public health; and (b) Information that indicates whether the remedial action at the facility will be funded primarily by: (A) The Department through the use of moneys in the Hazardous Substance Remedial Action Fund; (B) An owner or operator or other person under an agreement, order, or consent decree under ORS Chapter 465; or (C) An owner or operator or other person under other state or federal authority. (3)(a) At least 60 days before a facility is added to the Inventory the Director shall notify the owner and operator, if known, of all or any part of the facility of the proposed listing by certified mail or personal service. The notice shall include a copy of the preliminary assessment on which the listing is based, and the documentation used to calculate a site score in accordance with OAR 340-122-0076(1)(a). The notice may reference these documents if they have been previously provided. The notice shall inform the owner and operator of the opportunity to comment on the information contained in the preliminary assessment and on the proposed site score within 45 days after receiving the notice. For good cause shown, the Department may grant an extension of up to 45 days for comment. (b) The Director shall consider relevant and appropriate information submitted to the Department in determining whether to add a facility to the Inventory. Whenever the Director makes a decision to add a facility to the Inventory, the Director shall make a written response to each substantive comment and any material new data submitted during the comment period. (4) At least quarterly, the Department shall publish notice of updates to the Inventory. The notice shall include a brief description of the facilities added or removed, and shall be published in the Secretary of State’s Bulletin and submitted to local newspapers of general circulation in locations affected by the listings and to interested persons or community organizations.