Or. Admin. Code § 340-130-0015 - Factors for Issuing a Notice

(1) One or more of the following factors shall be considered by the Commission when determing whether to issue an environmental hazard notice for a particular site:

(a) The likelihood that the site could threaten public health, safety or the environment if altered;

(b) Population at risk;

(c) Routes of exposure;

(d) The amount, concentration and hazardous, toxic and radioactive properties of the waste or contamination present at the site;

(e) The environmental impact of the waste or contamination (including, but not limited to, the impact on air and water quality, flora, and fauna) if the site is altered;

(f) Surface water and groundwater hydrological factors (including, but not limited to, soil permeability, depth to saturated zone, hydrologic gradients, proximity to drinking water aquifers, floodplains and wetlands proximity);

(g) Current and potential surface water and groundwater impacts and use;

(h) Climate;

(i) The requirements which were or are part of the closure and post-closure program for the site (including, but not limited to, final cover and cap, liners, leachate or gas collection, control or treatment systems, surface water control systems, any other components of containment, control or monitoring systems);

(j) The need to be consistent with any deed or recording which already provides notice or is required to provide notice of environmental hazards at a site.

(k) Level of regulatory control during the active life of the site;

(l) History of impacts to the public health, safety or the environment resulting from the waste or contamination at the site.

Notes

Or. Admin. Code § 340-130-0015

DEQ 1-1988, f. & cert. ef. 1-27-88

Stat. Auth.:ORS 183,ORS 466&ORS 468

Stats. Implemented:ORS 466.365