OAR 340-124-0020: Definitions

For the purposes of OAR 340-124-0010 to 340-124-0080, unless otherwise defined therein, the words and phrases used in these rules have the following meanings: (1) “Account” means the Dry Cleaner Environmental Response Account created under ORS 465.510. (2) “Claim” means a demand in writing for payment from the Account for cleanup at a dry cleaning facility. (3) “Claimant” means the person who files a claim against the Account. (4) “Closed direct-coupled delivery system” means the method and equipment necessary to deliver perchloroethylene solvent to a dry cleaning facility that minimizes the opportunity for perchloroethylene to be released. Closed direct-coupled delivery includes delivery of solvent to the dry-cleaning facility in containers that are pumped into the dry cleaning machine using closed, self-sealing couplings on both the machine and the delivery line for input of solvent into the dry cleaning machine and closed, self-sealing couplings on the vapor displacement outlet on both the machine and the vapor vent line that captures perchloroethylene gas vapors and returns them to the delivery container. (5) “Commission” means the Environmental Quality Commission. (6) “Container” means a portable device in which material is stored, transported, treated, disposed of or otherwise handled. (7) “Department” means the Department of Environmental Quality. (8) “Director” means the Director of the Department of Environmental Quality. (9) “Dry Cleaner Environmental Response Account” means the Account created under ORS 465.510. (10) “Dry cleaning facility” means any active or inactive facility located in this state that is or was engaged in dry cleaning apparel and household fabrics for the general public, and dry stores, other than: (a) A facility located on a United States military base; (b) A uniform service or linen supply facility; (c) A prison or other penal institution; or (d) A facility engaged in dry cleaning operations only as a dry store and selling less than $50,000 per year of dry cleaning services. (11) “Dry cleaning operator” means a person who has, or had, a business license to operate a dry cleaning facility or a business operation that a dry cleaning facility is a part of or any person that owns the dry cleaning business, leases the operation of the dry cleaning business from the owner, or makes any other kind of agreement or arrangement where by they operated the dry cleaning business. (12) “Dry cleaning owner” means a person who owns or owned the real property underlying a dry cleaning facility. (13) “Dry cleaning solvent” means any nonaqueous solvent for use in the cleaning of garments or other fabrics at a dry cleaning facility, including but not limited to perchloroethylene and petroleum based solvents and the products into which dry cleaning solvents degrade. (14) “Dry cleaning wastewater” means water from the solvent/water separation process of the dry cleaning machine. (15) “Dry store” means a facility that does not include machinery using dry cleaning solvents. A dry store includes but is not limited to a pickup store, drop off store, call station, agency for dry cleaning, press shop, route service, pickup and delivery service that is operated by an independent contractor. (16) “Dry store operator” means the person who controls the operation of a dry store. (17) “Enrolled inactive dry cleaning facility” means property formerly used, but not currently used, for providing dry cleaning services, and that is on the Department’s list of inactive dry cleaning facilities established in accordance with Section 16 of 2001 Oregon Laws Chapter 495 and OAR 340-124-0080. (18) “Environment” includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air. (19) “Facility” means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel. (20) “Free phase dry cleaning solvent” means solvent that has separated from water in the solvent/water separation process of the dry cleaning machine and consists primarily of pure solvent. (21) “Hazardous waste” means a hazardous waste as defined in 40 CFR 261.3 (2002). (22) “Hazardous waste determination” means the process in OAR 340-102-0011 (2002). (23) “Inactive dry cleaning facility” means property formerly used, but not currently used, for providing dry cleaning services. (24) “Non-enrolled inactive dry cleaning facility” means property formerly used, but not currently used, for providing dry cleaning services, that is not on the Department’s list of inactive dry cleaning facilities established in accordance with Section 16 of 2001 Oregon Laws chapter 495 and OAR 340-124-0080. (25) “Person” means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof. (26) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes: (a) Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person’s employer under ORS Chapter 656; (b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine; (c) Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and (d) The normal application of fertilizer. (27) “Remedial action” means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment. “Remedial action” includes, but is not limited to: (a) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment. (b) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials. (c) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release. (28) “Remedial action costs” means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies. (29) “Removal” means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. “Removal” also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260. (30) “Wastewater treatment unit” means a device that meets the definition in 40 CFR 260.10 (2002). NOTE: Because dry cleaning wastewater can be a federal hazardous waste, all onsite treatment of this waste shall occur in a device that meets the federal definition of wastewater treatment unit.