ORS 465.012: Technical assistance to users and generators; priority; restrictions on enforcement resulting from technical assistance; rules.

(1) The Department of Environmental Quality shall provide technical assistance to toxics users and conditionally exempt generators. In identifying the users and generators to which the department shall give priority in providing technical assistance, the department shall consider at least the following: (a) Amounts and toxicity of toxics used and amounts of hazardous waste disposed of, discharged and released; (b) Potential for current and future toxics use reduction and hazardous waste reduction; and (c) The toxics related exposures and risks posed to public health, safety and the environment. (2) In providing technical assistance, the department shall give priority to assisting toxics users and conditionally exempt generators in completing and implementing an adequate toxics use reduction and hazardous waste reduction plan under ORS 465.015. The assistance may include but need not be limited to: (a) Information clearinghouse activities; (b) Telephone hotline assistance; (c) Toxics use reduction and hazardous waste reduction training workshops; (d) Establishing a technical publications library; (e) The development of a system to evaluate the effectiveness of toxics use reduction and hazardous waste reduction measures; (f) The development of a recognition program to publicly acknowledge toxics users and conditionally exempt generators that complete and implement successful toxics use reduction and hazardous waste reduction plans; and (g) Direct on-site assistance to toxics users and conditionally exempt generators in completing the plans. (3) The department shall: (a) Coordinate its technical assistance efforts with industry trade associations and local colleges and universities as appropriate. (b) Follow up with toxics users that receive technical assistance to determine whether the user or generator implemented a toxics use reduction and hazardous waste reduction plan. (c) Coordinate and work with local agencies to provide technical assistance to businesses involved in the crushing of motor vehicles concerning the safe removal and proper disposal of mercury light switches from motor vehicles. (4) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection. [1989 c.833 §5; 2001 c.924 §9; 2005 c.206 §5]