Or. Admin. Code § 837-120-0010 - Definitions

For the purposes of these rules the following definitions apply:

(1) "Clean-up" means the measures taken after emergency response to permanently remove the hazard from the incident site.

(2) "Contract" shall mean the entire written intergovernmental agreement between the State of Oregon and a Regional or Limited Hazardous Materials Emergency Response Team contractor.

(3) "Contractor" means the local government agency(s) by which the service or services will be performed under this agreement, including those agencies under an approved intergovernmental or interagency agreement.

(4) "Documentation" means the State Fire Marshal billing form, State Fire Marshal hazardous materials incident form, the team incident report, and the decision matrix if used, or a form incorporating these forms.

(5) "Emergency Response" means those actions taken to respond to a hazardous materials incident as defined in OAR 837-120-0010(5), and includes those actions and services set out in OAR 837-120-0020(3).

(6) "Emergency Response Costs" means the total emergency response expense, including team response costs, arising from a hazardous materials emergency. Such costs generally include, but are not limited to, all OSFM and contractor expenses that result from the assessment and emergency phases of the response activity. Emergency response costs do not include clean up or disposal costs of hazardous materials, except, as may be reasonably necessary and incidental to preventing a release or threat of release or in stabilizing the emergency response incident.

(7) "Extraordinary Response Costs" means and is equivalent to "team response costs". See also OAR 837-120-0090(4).

(8) "Facility" means any building, structure, installation, equipment, pipe or pipe-lines, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, aircraft, or any other place where there is a release, or threatened release, of a hazardous material.

(9) "Hazardous Materials" means "hazardous substance" as that term is defined in ORS 453.307(5).

(10) "Hazardous Materials Emergency Response" means and be equivalent to emergency response as defined and described in section (5) of this rule and OAR 837-120-0020(3).

(11) "Incident" means any actual or imminent threat of a release, or any rupture, fire or accident that results in, or has the potential to result in, the loss or escape of a hazardous material into the environment.

(12) "Incident Termination" means the process of completing mitigation actions, securing supplies, equipment, materials, information and communication with command as it relates to a hazardous materials incident.

(13) "Limited Hazardous Materials Emergency Response Team or Limited Response Team" means a hazardous materials emergency response team operating in conjunction with and providing assistance to a RHMERT in a limited manner or area of the state. See also section (23) of this rule.

(14) "Local Emergency Planning Committee (LEPC)" means the statewide hazardous materials emergency planning committee designated by the Oregon Interagency Hazard Communication Council in its role as the State Emergency Response Commission under ORS 453.520 and the Emergency Planning and Community Right-to-Know Act.

(15) "Local Government Body" means a city, county, special district or subdivision thereof.

(16) "Local Response" means a hazardous materials emergency response in the local governmental area where team members normally conduct emergency response activities and those areas where the local government has a hazardous materials mutual response agreement in place and the responding team does not respond as a state team.

(17) "Mitigation" means actions taken to bring an emergency incident under control using fire suppression, containment, confinement and other protective actions that prevent, minimize or mitigate damage to public health, safety, welfare, property, or the environment which may result from a spill or release, or threatened spill or release, of a hazardous material if action is not taken.

(18) "Motor Vehicle" means, but is not limited to, any vessel, aircraft or automobile, motorcycle or other conveyance driven upon public or private lands.

(19) "ORS" means Oregon Revised Statutes.

(20) "Person" means any individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, United States Government, state, municipality, commission, political subdivision of this state, and interstate bodies.

(21) "Primary Response Area" means the geographical region where the contractor is principally responsible for providing regional Hazardous Materials Emergency Response services pursuant to this contract.

(22) "Regional Hazardous Materials Emergency Response Team" (RHMERT) means the group of individuals, including the employees or agents of the contractor, designated or tasked to respond to, control, or stabilize actual or potential emergency releases of hazardous substances. A RHMERT operates within the limits discussed in Oregon-OSHA's OAR 437, Division 2, which is incorporated herein by this reference.

(23) "Release" shall have the same meaning as that in ORS 465.200(22).

(24) "Responsible Person" means the individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agency thereof, and the federal government and any agency thereof responsible for causing the emergency to which the RHMERT responded. (See, e.g. ORS 453.382).

(25) "State" means the State of Oregon acting by and through the Department of the State Fire Marshal.

(26) "State Spill Response Revolving Fund" means the revolving fund established under ORS 453.390.

(27) "Team Response Costs" means those contractor expenses which are directly related to RHMERT operations, are expressly allowed under this agreement, and are approved by the OSFM. "Team response costs" are equivalent to "extraordinary response costs". See also OAR 837-120-0090(4).

Notes

Or. Admin. Code § 837-120-0010

FM 8-1992, f. 7-15-92, cert. ef. 8-15-92; OSFM 6-2019, amend filed 09/26/2019, effective 10/1/2019; OSFM 22-2023, minor correction filed 07/03/2023, effective 7/3/2023

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 453.374 - 453.390