Or. Admin. Code § 340-142-0030 - Emergency Action

(1) In the event of a spill or release or threatened spill or release of oil or hazardous material, the person owning or having control over the oil or hazardous material must take the following actions:

(a) Immediately implement the applicable spill plan or other contingency plan document prepared in compliance with the requirements of a federal, state, or local government authority, or

(b) If a spill plan or contingency plan covered in section (1)(a) of this rule is not implemented for any reason, immediately take the following actions in the order listed:

(A) Activate alarms or otherwise warn persons in the immediate area; and

(B) Undertake every reasonable method to stop the spill and contain the oil or hazardous material; and

(C) If there is a medical emergency or public safety hazard call 911, where available, or local fire and/or police where 911 does not exist.

(D) Arrange for properly trained and equipped personnel or contractor to stop any continuing release and manage the specific material spilled:

(i) Responsible persons will immediately hire a qualified contractor to respond and manage the spill if the necessary actions are beyond the ability of the responsible person's representatives on-site or the responsible person's own response services will be delayed in arriving at the spill site.

(ii) If the person owning or having control over oil or hazardous material does not, or can not, immediately arrange a response acceptable to the Department, the Department may dispatch a contractor. The Department will seek recovery of all costs incurred by the Department resulting from this action.

(c) In addition to subsection (1)(a) or (1)(b) above, immediately report the spill or release as required by OAR 340-142-0040.

(2) Responsible persons at the site of an oil or hazardous materials spill must make an initial assessment of the spill. Responders must coordinate resource deployment with the Department if the spill is being managed by the Department. This includes responses where the responsible person is coordinating contractor activities with Department guidance. It does not include first responders acting solely under the direction of a local fire department or the Oregon State Fire Marshal.

(3) The responsible person must clean up the spill or release, and take steps to mitigate any threatened spill or release of oil or hazardous material as provided in this division. The Department may, in any case, evaluate the action taken and may require additional action to complete the cleanup and disposal. The costs of such an evaluation are cleanup costs recoverable by the Department from the liable party. (Comment: 40 CFR 264.1(g) states that a hazardous waste management facility permit is not required for treatment or containment activities taken during immediate response to a spill or release of a hazardous waste.)

Notes

Or. Admin. Code § 340-142-0030

DEQ 3-2003, f. & cert. ef. 1-31-03

Stat. Auth: ORS 183, ORS 459, ORS 466 & ORS 468B

Stats. Implemented: ORS 466.635, ORS 466.625 & ORS 466.645