ORS 465.250: Accessibility of information about hazardous substances; entering property or facility; samples; confidentiality.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Any person who has or may have information, documents or records relevant to the identification, nature and volume of a hazardous substance generated, treated, stored, transported to, disposed of or released at a facility and the dates thereof, or to the identity or financial resources of a potentially responsible person, shall, upon request by the Department of Environmental Quality or its authorized representative, disclose or make available for inspection and copying such information, documents or records. (2) Upon reasonable basis to believe that there may be a release of a hazardous substance at or upon any property or facility, the department or its authorized representative may enter any property or facility at any reasonable time to: (a) Sample, inspect, examine and investigate; (b) Examine and copy records and other information; or (c) Carry out removal or remedial action or any other action authorized by ORS 465.200 to 465.485 and 465.900. (3) If any person refuses to provide information, documents, records or to allow entry under subsections (1) and (2) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry. (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, the department or its authorized representative shall, upon request by the current owner or operator of the facility or property, provide a portion of any sample obtained from the property or facility to the owner or operator. (b) The department may decline to give a portion of any sample to the owner or operator if, in the judgment of the department or its authorized representative, apportioning a sample: (A) May alter the physical or chemical properties of the sample such that the portion of the sample retained by the department would not be representative of the material sampled; or (B) Would not provide adequate volume to perform the laboratory analysis. (c) Nothing in this subsection shall prevent or unreasonably hinder or delay the department or its authorized representative in obtaining a sample at any facility or property. (5) Persons subject to the requirements of this section may make a claim of confidentiality regarding any information, documents or records, in accordance with ORS 466.090. [Formerly 466.565]
Administrative rules citing this section
- OAR 340-122-0030: Scope and Applicability — implements
- OAR 340-122-0040: Standards — implements
- OAR 340-122-0205: Cleanup Rules for Leaking Petroleum UST Systems: Purpose — implements
- OAR 340-122-0210: Cleanup Rules for Leaking Petroleum UST Systems: Definitions — implements
- OAR 340-122-0215: Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability — implements
- OAR 340-122-0217: Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options — implements
- OAR 340-122-0218: Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis — implements
- OAR 340-122-0220: Cleanup Rules for Leaking Petroleum UST Systems: Initial Response — implements
- OAR 340-122-0225: Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check — implements
- OAR 340-122-0230: Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization — implements
- OAR 340-122-0235: Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal — implements
- OAR 340-122-0240: Cleanup Rules for Leaking Petroleum UST Systems: Investigation for Magnitude and Extent of Contamination — implements
- OAR 340-122-0243: Cleanup Rules for Leaking Petroleum UST Systems: Low-Impact Sites — implements
- OAR 340-122-0244: Cleanup Rules for Leaking Petroleum UST Systems: Risk-Based Concentrations — implements
- OAR 340-122-0250: Cleanup Rules for Leaking Petroleum UST Systems: Corrective Action Plan — implements
- OAR 340-122-0252: Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies — implements
- OAR 340-122-0260: Cleanup Rules for Leaking Petroleum UST Systems: Public Participation — implements
- OAR 340-122-0320: Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options — implements
- OAR 340-122-0325: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level — implements
- OAR 340-122-0330: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters — implements
- OAR 340-122-0335: Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards — implements
- OAR 340-122-0340: Cleanup Rules for Leaking Petroleum UST Systems: Sample Number and Location — implements
- OAR 340-122-0345: Cleanup Rules for Leaking Petroleum UST Systems: Sample Collection Methods — implements
- OAR 340-122-0355: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Analytical Results — implements
- OAR 340-150-0008: Exemptions and Deferrals — authority
- OAR 340-160-0020: General Provisions — authority
- OAR 340-160-0021: UST Service Provider Work Practices — authority
- OAR 340-160-0022: UST Supervisor Work Practices — authority
- OAR 340-163-0150: Fees — authority
- OAR 340-177-0055: Cleanup and Reporting Requirements — authority
- OAR 340-177-0065: Cleanup Options and Technical Requirements — authority
This rule cites
- ORS 465.200 — resolved
- 465.485 — resolved
- 465.900 — resolved
- ORS 466.090 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors465.html