1. (1) To determine the need for response to a spill or release or threatened spill or release under ORS 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, or enforce the provisions of 466.605 to 466.680, 466.990(3) and (4), 466.995(3) and 468.070, and this division, any person who prepares, manufactures, processes, packages, stores, transports, handles, uses, applies, treats or disposes of oil or hazardous material must, upon the request of the Department:

   1. (a) Furnish information relating to the oil or hazardous material; and
   2. (b) Permit the Department at all reasonable times to have access to and copy records relating to the type, quantity, storage locations and hazards of the oil or hazardous material.
2. (2) To carry out section (1) of this rule, the Department may enter to inspect at reasonable times any establishment or other place where oil or hazardous material is present.
3. (3) The Department may conduct an investigation as necessary to identify the person or persons responsible for a spill or release or threatened spill or release. The cost of this investigation is a cleanup cost and recoverable from the liable party or parties.

4. (4) ORS 192.501 provides that certain records (i.e., trade secrets) are exempt from disclosure under 192.410 to 192.505 unless the public interest requires disclosure in a particular instance. Persons required to provide information under section (1) of this rule may request that the Department treat some or all of their information as exempt from public disclosure by:

   1. (a) Making the claim in writing at the time the requested information is first provided to the Department; and
   2. (b) Providing any written documentation or analysis that supports the claim of exemption from public disclosure at the time the requested information is first provided to the Department.

Statutory/Other Authority

ORS 466 & 468

Statutes/Other Implemented

ORS 192.501, 466.190, 466.610 & 468.095

History

DEQ 107-2018, minor correction filed 04/10/2018, effective 04/10/2018
DEQ 3-2003, f. & cert. ef. 1-31-03